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Planning Board Minutes RECEIVED
August 17,2011 TOWN CLERKS OFFICE
Present: Tom French, Chair; Michael McClanahan, Anthony Jodice, Do.n...Cleary
Alternates Ralph Penney and Rod Oreste lUJI SEP 'b A 8: ~ 0
Shaun P. Burke, Director of Planning and Development f1A
C:t"' NS~IELD
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1. Meeting caned to order at 7:00 p.m.
Mr. French welcomed Mr. Oreste to the board as an alternate member.
Motion: To appoint Mr. Jodice Acting Clerk
(McClanahan-Cleary) All in favor. PASSES
I 2. Correspondence
1. May 18, 2011 letter to Vincent Botti re: extension of 34 North Main Street special
permit
[Mr. Penney arrived at this time.]
2. July 18,2011 memo from Mr. Burke re: Hatheway-Patterson Site Use Restrictions.
Mr. Burke said the part of the site where MEMA is located and the area right behind
it will be the most restricted. The areas abutting Foxboro will be the least restricted.
Mr. Penney said the town should be concerned about the restrictions placed on the
land by the EPA. Mr. Burke said there are already two utility corridors on the front
two parcels along County Street. There are no touch zones along County Street and
along the railroad tracks, sheeted to a depth of around 20 feet. The town cannot
install an irrigation system on the site, but could dig down to about four feet for
something like a foundation. Mr. Penney said he is concerned about the EP A
forbidding certain activities on the site, because the future is unknown.
3. Minutes May 11,2011
Motion: To approve as submitted
(Penney-McClanahan) Four in favor. Two abstentions. PASSES
5. August 4, 2011 letter appointing Mr. Oreste to the Planning Board
6. Public Hearing notices Attleboro, Easton, Norton, Sharon
7. The Beacon
3. Site Plan Review/Municipal Clearinghouse - North Common Gazebo - Town of
Mansfield
Town Engineer Richard Alves explained the plan for the installation of a gazebo on the
North Common, which has been donated to the town by Joe Gonsalves. The plan shows
the gazebo facing North Main Street on a rectangular slab with a six inch overhang. Mr.
Alves said the exact location of the gazebo has not been established. A 36" maple will be
removed, and a pine tree to the east of the proposed gazebo location will likely have to be
removed. Mr. Alves said if that is necessary, the tree can be replanted. The overhead
wires have already been moved. The gazebo will be lit.
Department Head Comments
The clerk read comments from Police, Conservation, Water and Mr. Burke. Mr. Burke
said his concerns have all been addressed.
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Mr. Penney asked if the pine tree would actually be replanted. Mr. Alves said it is about
20 feet high and they could try to replant it, but they may be better off buying and
planting a new one.
Mr. Cleary asked about a master plan for the North Common. Mr. Alves showed the
board a preliminary plan showing a future sidewalk. The sidewalk will be relocated to
provide more green space. The sidewalk will be 6.5 feet wide with handicapped ramps
on the east and west sides and an entrance from the Chauncy Street stairs. Mr. Burke
said nothing has been proposed to capital improvements as a fixed plan, but noted the
North Common is an underutilized space, and making a start toward a commitment for an
improvement plan for the public space is a good thing.
Mr. Alves said the gazebo will be delivered in one piece and attached to the slab. It can
be relocated in the future if the plan for the North Common changes.
Mr. Burke said the MBT A is proposing $1 million handicapped access improvement at
the train station, including handicapped ramps on either side of the tracks and under the
bridge. The project will not take any of the North Common, but some equipment, such as
transformers, will have to be relocated.
Mr. Jodice asked why the foundation will not be 48 inches deep. Mr. Alves said that was
the decision reached by DPW and the building inspector. Mr. Jodice suggested it might
be worth considering a deeper foundation, at least on the corners. Mr. Alves said he
would look at that options.
Mr. Jodice suggested naming the gazebo after Mrs. Gonsalves. Mr. Burke suggested
asking the Board of Selectmen to discuss that with Mr. Gonsalves.
Doug Annino, 151 Tremont Street, showed the board a plan of the whole North Common
with the gazebo at the back of the site, toward the treeline near Crocker Street, to allow
more room for event seating. There are two existing diagonal walkways through the
common, which go to the front door of the train station. He suggested moving the
flagpole toward the train station, adding an information kiosk, a pergola and a veterans'
monument. The gazebo would face toward Chauncy Street.
Mr. Annino said the Board of Selectmen has just met with Mr. Gonsalves and voted to
accept the gazebo.
Mr. French said both plans are terrific and suggested Mr. Alves and Mr. Annino work
together.
Mr. Alves said there is an existing drain manhole on the northeast common, which
connects to a manhole at North Main and Chauncy Streets. He said he would contact Dig
Safe prior to beginning any work on the site. There are no setback requirements, so the
gazebo could hug the lot line.
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Neil Rhein, 11 Old North Trail, said MMAS is right across the street and might be able to
use the gazebo for performances. Mr. Penney asked if electric service would be brought
to the gazebo. Mr. Annino said it would be.
Mr. Annino said he expects to do a fundraiser and get private donations for the relocation
of the flagpole.
Fred Armstrong, MMAS, said his group would like to use the gazebo for performances or
as a background for performances.
Motion: To send the Board of Selectmen a positive recommendation as municipal
clearinghouse and the Building Inspector a positive recommendation on the site
plan for the gazebo. As part of the municipal clearinghouse recommendation, the board
understands there is a long-range plan for the North Common and that the exact location of the
gazebo has yet to be determined, but will be arrived at through a consensus-building process as
part of that long-term plan. Encourage the Board of Selectmen to support the planning
process and move forward with the location of the gazebo on the North Common as part
of the town's reinvestment in this public space.
(McClanahan-Penney) All in favor. PASSES
4. Preliminary Subdivision Review - Rolling Fields Village - 17 Lots off Elm
Street/Camden Lane
Ralph Maloon, RIM Engineering, showed the board plans for a conventional and a
cluster subdivision, both with 17 lots that conform to zoning. Mr. Maloon explained the
conventional subdivision includes a road connecting Camden Lane with Elm Street.
Mr. Maloon explained the proposed cluster layout leaves Camden Lane as it is and adds a
second cul-de-sac roadway with a common area and a sidewalk between Camden Lane
and the new roadway. The new roadway would have one sidewalk. There is an existing
catch basin in Elm Street that would be in the corner rounding easement, so the pavement
will be offset to avoid that.
The Water Department has requested the system be looped.
Mr. Maloon said the town has a well field south of the site with a buffer around it. All of
the drainage from this site would go through a recharge area, and there will be six catch
basins.
Stan Feck said he would like to get some direction on whether the board prefers a
conventional or cluster plan. The cluster would have less roadway and more open space
toward the well site. The cul-de-sac island is almost two acres, similar to River Edge
Road. Mr. Feck said he would like to make the island a rain garden with a lot of
landscaping. The elevation from existing Camden Lane to the new roadway is pretty
significant, and he said he would like to construct a winding path from one road to the
other. He said he is unsure if that should be paved or not.
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Mr. Maloon said the open space is currently an open field and used to be a gravel pit.
Department Head Correspondence
The clerk read memos from the Police, Conservation, Fire and Engineering Departments.
Mr. Feck said there is an outstanding conservation violation on the site from many years
ago, which he plans to take care of.
Mr. Cleary asked the difference in pavement between the cluster and conventional; Mr.
Maloon said there would be far more impervious surface with a conventional plan.
Board Comment
Mr. Burke said he prefers the cluster design, especially with a pedestrian connection.
However, he said he is concerned about handicapped accessibility of that connection
because with the construction of a hard surface, ADA requirements have to be
considered. Mr. Burke noted the hard surface doesn't have to be concrete. He said the
town isn't going to want to plow the amount of street a conventional plan would produce.
He said he likes the idea of the open space adjacent to the well field.
Mr. Burke asked if the Board of Health has seen these plans. Mr. Maloon said he has
spoken with Mr. Leite, who prefers the cluster. Mr. Feck noted the lots in the cluster
aren't big enough for the size septic systems required in a Zone II unless the open space
can be counted toward the square footage for the septic systems. Mr. Maloon said the
Board of Health will allow him to do that.
Mr. Penney said there may have to be a hazardous waste management plan for the
subdivision because it is in the Zone II. Mr. Maloon said with the cluster, the houses and
road would be further from the well site than with the conventional.
Mr. Burke said he would rather see swales and forebays to treat the water on the surface,
rather than hard infrastructure underground. Mr. Feck said he would prefer to do that, but
noted the town doesn't really have any regulations in place for that type of system. Mr.
French asked if the drainage will recharge into the ground. Mr. Maloon said it will.
Mr. Penney said he is normally opposed to cluster developments, but said this situation
would better protect the well field. He asked who would maintain the open space. Mr.
Feck said he would probably give it to the town. Mr. Burke said they can do that, or give
it to the homeowners' association or to a non-profit like the Natural Resources Trust.
Mr. Penny asked if the island is part of the open space. Mr. Feck said that would be a
town-owned road. Mr. Burke noted that may have to be the responsibility of the
homeowners' association rather than the town. Mr. Feck said the rain garden is supposed
to be self-sufficient by holding water and recharging it slowly. Mr. Maloon said he
doesn't believe wetland plants will grow in the rain garden area. He said there will be
one catch basin in the middle of the island with galleys around the edges.
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Mr. Penney said he prefers two sidewalks for safety as well as symmetry.
Mr. Cleary said he likes the cluster in this case.
Motion: To encourage the applicant to proceed with the cluster development
(McClanahan-Cleary) All in favor. PASSES
Mr. Feck said he would like to talk to the board at the next meeting about the
inclusionary housing requirements for this site and for Autumn Park.
5. Special Permit Public Hearing continued - Dolan Estates Residential Compound
- 4 Lots off Ware Street
Mr. French noted there are six members present, including Mr. Oreste, who is a new
member but can participate if he feels comfortable doing so.
Mr. French suggested reviewing the plans, because it has been several months since the
board last saw this plan.
Mr. Feck explained this originally came in as a preliminary cluster, which changed to a
preliminary residential compound. The definitive residential compound was filed in May
2011, which is the current plan. He said they have met with the Conservation
Commission several times.
Mr. Feck said drainage has been a significant issue on this site. Working with the Town
Engineer, he said their proposed drainage now meets the standards of any subdivision,
with zero post-development impact. Post-development, no more water will leave the site
than leaves it now.
Mr. Feck said the neighbors have been concerned about water issues. The new drainage
plan will help the neighbors' water issues and keep the water on this site rather than
shedding it onto neighboring properties.
The drainage now meets the Stormwater Act and 401 Water Quality Certificate, which
the site is not required to meet. Mr. Feck said this site has been reviewed by a number of
state and local agencies.
Mr. Feck said many of the existing houses on Ware Street were built too low, and said he
believes the new drainage design will help the existing water situation.
Mr. Feck said the when the existing culvert was cleaned, the material was piled onto the
banks, which raised them and may have caused more water problems. He said the town
can address that problem, but he cannot.
Mr. French asked about Conservation. Mr. Feck said that board is waiting for the
Planning Board decision before making its final decision.
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Ralph Maloon, RIM Engineering, explained the plan for a 23.69 acre site with a lot of
wetlands. The houses are proposed on the eight acres of upland at the center of the site.
Mr. Maloon presented a plan showing four lots could be built as a conventional plan.
Mr. Maloon explained the wetland retention area on Lot 2 is sized for back-to-back 100-
year storms. There is a swale at the rear of Lots 2 and 3, which picks up the roof water
from those lots. The back of Lot 4 has a water recharge area, again sized for two 100-
year storms or 14 inches of water over 48 hours. Mr. Penney asked if this includes water
from the school properties. Mr. Maloon said it does not. Mr. Penney asked how long the
water will be held on site. Mr. Maloon said it will stay there until it goes into the ground.
He said the peak flow will not be increased, it will be reduced. Mr. Feck said to get to
zero runoff factor, the soil types have to be taken into account; he said some of the soil on
this site is no different than impervious surface. He said this plan slows the flow of water
by putting it in the ground and spreading the runoff over a longer period of time.
Mr.Maloon said the front portion of the road pitches to the left to the bridge, then pitches
to the right. This will help keep the road and runoff away from the neighbors.
Mr. Maloon said the plans show a stockpile area for the wetland soil and a dewatering
area if that is necessary during construction, both of which were requested by the
Conservation Commission.
Mr. Maloon showed the board a swale that has been added to direct water away from
neighboring properties.
The site will have no utilities; the houses will have wells. Mr. Maloon said there will be
a fire hydrant at the front of the site.
Mr. Maloon said the original three feet of grass beside the roadway has been changed to
three feet of crushed stone with a crushed stone swale.
Department Head Comments
The clerk read memos from the Engineering and Mr. Burke.
Board Comment
Mr. McClanahan asked the width of the bridge. Mr. Feck said it will be an l8-foot lane.
Mr. Jodice asked if the Town Engineer is in agreement there is zero off-site impact under
this plan. Mr. Maloon said he is. Mr. Burke said he has spoken with Mr. Alves, who told
him that based on his review of the plan, the drainage should work if it is constructed
according to design. Mr. Jodice asked what can be done for the abutters if it doesn't
work correctly. Mr. Burke said a private way would not have a bond, but the developer
will not get building permits until the drainage is functional and the roadway is at binder.
Mr. Cleary asked about waivers. Mr. Feck said they are requesting waivers on the
intersection offset and for overhead electric until they get past the wetland areas. There
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will be two utility poles before the electric goes underground. He has spoken with the
Light Department, which prefers it this way to avoid underground equipment near the
wetland areas and bridge.
Mr. Cleary asked how far the fire hydrant is from the houses. Mr. Feck said it is about
600 feet away.
Mr. Burke said he has requested the bridge design be reviewed by a consultant, to be paid
for by the developer.
Mr. French asked if the roadway width should be a waiver. Mr. Burke said that isn't
necessary because this would be a private road. Mr. McClanahan asked who would
maintain the drainage system. Mr. Feck said the homeowners' association will do that.
Mr. Penney asked why the roadway is only 18 feet wide. Mr. Feck said this design meets
or exceeds every residential compound in town. He said the town boards should help
create developments with the least amount of impact to the environment and the abutters.
Mr. Penney said he was concerned about 18 feet not being wide enough for two vehicles
to pass safely, especially public safety vehicles. He said he doesn't see that the benefits
outweigh the detriments in this case.
Mr. Penney asked about the perc rate~ Mr. Feck said it is 18-20, well within the state and
town limits.
Mr. Penney said this area has an existing water problem, which has been confirmed by
the abutters. He said he thinks this will make the drainage problems worse by diverting
the water to the rear of the site, possibly causing groundwater mounding. Mr. Feck said
he disagrees; he said his plan will not make it worse.
George Wallace, 233 Ware Street, said he had a septic system installed last year, and the
Board of Health and Conservation Commission told him he had a "worst case" scenario
with the water issues. He said he is concerned this development will make that worse.
Arthur O'Neill, 269 Ware Street, asked where the water will go post-development. He
said this land has never been developed before because of the water issues. He said the
intermittent stream has been full this month, normally the driest of the year. He said he is
concerned the drainage system will not be maintained by the homeowners' association.
He said he cannot see how the water situation will be improved by the construction of
four houses and a roadway, and he is concerned the abutting homeowners' property
values will be negatively impacted.
Mr. Burke said Mr. Feck has put a lot of time and money into this site, and it is a tough
site. He said this is a better alternative than a conventional subdivision because it would
have less impact on the environmental issues, but there are tradeoffs with issues like a
narrower roadway width.
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Mr. French said he is concerned about the water issues; however, he said the Town
Engineer has reviewed the plan and has indicated he believes the design will work. Mr.
Penney said he is concerned the plan won't improve the existing water issues. Mr. Feck
said he believes some of that problem could be solved by the town maintaining the
culvert area. Mr. Penney said he is concerned this system could make the water problems
worse by causing the water to mound in the ground. Mr. Burke said the soils on this site
are poor, so the water will run off the site quickly and perc into the ground slowly.
Mr. French asked how long the models show it will take water to empty out of the
retention area behind Lot 2. Mr. Maloon said they want that to grow as a wetland, so the
bottom six inches are below groundwater. He said he calculated capacity for two 100-
year storms, rather than calculating a time, but said he thought it would take around 60
hours to empty.
Mr. Cleary asked if there are three foot gravel shoulders on both sides of the road. Mr.
Feck said there are gravel shoulders on both sides.
Mr. O'Neill said he doesn't think the area cannot support more impervious material. He
said he cannot see how a retention pond will work with the high water table. He said
there have been a number of 100-year storms in the last few years, and several of the
culverts either overflowed or came close to overflowing. He said he doesn't want the
town to take a chance on having homes flooding more than they already are.
Mr. Oreste said he doesn't feel like he is in a position to vote tonight and would like time
to review the material.
Mr. French asked Mr. Feck ifhe would like the board to vote or continue the public
hearing, since there are only five voting members present. Mr. Feck said he would like to
continue the public hearing until more members are present.
Mr. Jodice asked about the board's legal position if the Town Engineer has determined
there will be zero impact, and the board doesn't accept his opinion. Mr. French said that
could be an issue. He said in any vote, the board members would have to make a
determination that the benefits outweigh the detriments. Mr. Oreste said he thinks the
legality of the Town Engineer's memo may turn on whether it is fact or opinion.
Mr. Jodice asked about putting money aside in the event the system doesn't work. Mr.
Feck said he doesn't think there is any legal way to do that.
Mr. Maloon noted the board would have to decide whether the proposed compound is a
better option than the conventional subdivision.
Motion: To continue the public hearing to September 14,2011 at 8:00 p.m.
(McClanahan-Cleary) All in favor. PASSES
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\ 6. Form A (ANR) Plans
559 Maple Street - The ZBA has granted a variance to allow the two lots to share a
common driveway. The Form A will result in two lots, both with frontage and area.
Motion: To endorse the Form A (McClanahan-Cleary) All in favor. PASSES
I 7. Public Comment
I 8. Around the Table
Mr. Penney asked about the easement across the railroad tracks. Mr. Burke said the
Town Engineer found a copy of the plans, which reference two grade crossings, and plans
to go to the Registry of Deeds for a copy of the deed. Mr. Penney asked about the
alternative traffic route plans through that area. Mr. Burke said he has a couple of
different plans, which he will get to the board. Mr. Penney asked Mr. Burke to cull those
plans down to the best three or four.
Mr. Cleary asked why trees around the power lines are cut so strangely, and if there is a
way to prevent that. Mr. French said there is not.
Mr. Jodice said he would like to find a way to assist residents with existing issues, such
as the Ware Street residents with water problems. Mr. Burke said under the NPDES
permit, the town will have to begin testing water at outfall sources, and if there are
problems found, track the source and fix it.
I 9. Adjournment
Motion: To adjourn at 10:30 p.m. (McClanahan- ) All in favor. PASSES
Next meeting:
September 14,2011 at 7:00 p.m.
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