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HomeMy WebLinkAboutPlanning Brd Minutes 6/15/1988PLANNING BOARD'S MINUTES JUNE 15, 1988 0 Present: Chairman , Flynn, Clerk Madan 0?5�0 '9(' Pl anners: Ca oni ro, F1 n McClanahan, Quinn, Sohn � Plannin Director LaCasse9 Robert E. Powers, Subdivision Sr ,e 1. Meeting called to order at 7:03 P.M. 2. 7 :05 P.M. - Continuation of Public Hearing "Captain John Williams Estates" - Applicant: Tifdan Development - Deadline: August 13, 1988 At 7:05 P.M., Chairman Annino continued the public hearing for "Captain John Williams Estates ". At 7 :15 P.M., this public hearing was closed. The following person spoke at this public hearing: Michael Trowbridge, Hutchins - Trowbridge Associates, Inc. The following motions were made at this public hearing: Motion: To close the public hearing for "Captain John Williams Estates ". (Quinn- Caponigro) All in favor. PASSES. Motion: To approve the definitive subdivision plan, "Captain John Williams Estates" subject to the following conditions: Bus stop must be shown on the plan at the corner of Williams Street and Nelson Way. 2. Shade trees to be shown on the plan on the corner of Nelson Way and lot 16 and the size and type will be specified and approved by Michel LaCasse, Planning Director. 3. Lot 18 be split to show the area to be deeded to the Town of Mansfield, be verified that it is in its natural state and is ac- ceptable to the Planning Director, as well as easements to provide access to both public and private land. 4. Notify the Board of Selectmen of the restrictions placed on this property by Mr. Benoit. 5. All conditions must be met within the twenty (20) day appeal period. (Quinn - Caponigro) All in favor. PASSES. 3. 7:20 P.M. - Robert E. Powers, Subdivision Supervisor Bob explained to the Board that field adjustments would be necessary to both "Echo Hills" and "Matthews Estates II" subdivisions. At "Echo Hills ", at the entrance to East Street, septic systems were found adjacent to the leeching chambers and were leaking into the area where the plan called for the leaching chambers to be located. The leeching chambers have been moved up. Smaller oil /water separators are being proposed on each one of the leeching chambers which will be as effective as the larger size, but of a different design. (Bob took this opportunity to explain the capacity and uses of various sizes and 1 Planning Board's Minutes June 15, 1988 Page -2- ( types of oil /water separators.) Planning Director LaCasse stated that these field adjustments have been made in the past at other developments. However, most often new designs were not drawn for these changes. In the future, any field adjustments will have new designs drawn up, the Planning Board will review and then copies will be given to En- gineering, Inspections, etc. Motion: To suggest that the applicant donate the savings to an account for Planning Board Improvements (sidewalks; installation of oil /water separators on some of the Town drains). (Caponigro- Quinn) All in favor. PASSES. Motion: To approve the field adjustments to "Echo Hills" subdivision. The Planning Board does not feel a modification hearing is necessary. (Madan- Flynn) All in favor. PASSES. A memo from Robert E. Powers was read at this time recommending the bond es- timate for "Echo Hills" in the amount of $403,830.60 be accepted by the Plan- ning Hoard. Motion: To accept the bond estimate for "Echo Hills" in the amount of $403,830.60. (Quinn - McClanahan) All in favor. PASSES. Bob stated he is planning to have a workshop in the near future with some of the local engineers regarding proposed changes to the subdivision regulations and will ask for their suggestions to make modifications in areas where they feel it would be beneficial to the Town. "Matthews Estates II" performance bond was reviewed. Al Andrews recommends a bond estimate of $166,474.00. Motion: To accept the bond estimate of $166,474.00 for "Matthews Estates II ". (Quinn - McClanahan) A11 in favor. PASSES. Michael Trowbridge, Hutchins - Trowbridge Associates, Inc., spoke to the Board regarding the field adjustment necessary at "Matthews Estates II ". When this subdivision was approved, the Planning Board had requested the applicant tie into the retention area at "Matthews Estates I ". Due to the fact that "Matthews Estates I" is under a Superseding Order of Conditions, it was un- likely at the time that the State would approve this use. The Conservation Commission was approached and will recommend that the State approve this change to avoid disturbing trees in the area of the Wading River. Motion: To accept the Field Adjustment for "Matthews Estates II" subject to the applicant applying to DEQE and Conservation Commission for approval. This Field Adjustment does not require a Modification F Planning Board's Minutes June 15, 1988 Page -3- hearing. (Caponigro- McClanahan) All in favor. PASSES. 4. "Form A" (ANR) Plan "Echo Hills Estates" - East Street, L & M Realty Trust Chairman Annino asked the Board to take this "Form A" (ANR) plan out of order to accommodate Mr. James Dunn, Dunn Engineering. Motion: To sign the "Form A" (ANR) plan for L & M Realty Trust for property located off East Street (Echo Hills Estates). (Madan- McClanahan) All in favor. PASSES. 5. Clerk's Report Correspondence Memo to Michel LaCasse from Robert E. Powers recommending the partial release of-bond in the amount of $16,000 for "Mansfield Manor ". Motion: To approve the partial release of bond for work completed at "Mansfield Manor" in the amount of $16,000. (Quinn - Flynn) All in favor. PASSES. Letter.to Michel LaCasse from RIM Engineering requesting a public hearing be held July 13, 19BB for the Scenic Road (Mill Street), the same evening as the continuation for "Sandy Hill Estates ". Motion: To schedule the Scenic Road public hearing for July 13, 1988 at 7:30 P.M. and that the applicant will pay for advertising costs. (Quinn - McClanahan) All in favor. PASSES. Letter to North Attleboro Planning Board regarding their lack of support for a grant to study water protection. The Board agreed to accept this letter as written except to change "opted not to support" to "refused to support" in paragraph two. Also, send copies to Representative Vernon and Representative Poirier as well as all others currently listed on the letter. Motion: To support this letter as amended. (Quinn - McClanahan) All in favor. PASSES. Motion: To send a letter to the Mansfield Board of Selectmen to read: "Please be advised that the North Attleboro Planning Board has refused to co -sign a grant application with the Attleboro, Plainville and Mansfield for a $50,000 grant to study water protection in the Wading River Watershed area. Please note there is no cost to the Towns in- vovled. Reference the enclosed letter to the North Attleboro Plan- ning Board, Please file this letter in the event that North At- tleboro is in need of purchasing water at some future time." (Quinn - Madan) All in favor. PASSES. 6. 8:00 P.M. - Preliminary Plan Review • "Stearns Hill Estates" • "Sturbridge Estates" Mr. Ralph Maloon of RIM Engineering gave a presentation of the "Stearns Hill Estates" plan at this time. Department heads comments were read. 3 Planning Board's Minutes June 15, 1988 Page -4 7. 8.30 P.M. - Continuation of Public Hearing - "Windermere" - Applicant: Richard Staples - Deadline: July 29, 1988 At this time, Chairman Annino continued the public hearing for "Windermere ". At 8:31 P.M. this hearing was continued until the review of preliminary plans for "Stearns Hill Estates" and "Sturbridge Estates" was complete. Motion: To continue "Windermere" public hearing until after review of the preliminary plans for "Stearns Hill Estates" and "Sturbridge Estates ". (McClanahan- Quinn) Planners McClanahan, Quinn, Sohn, Caponigro, Madan and Chairman Annino in favor. Planner Flynn abstains. PASSES. B. Preliminary Plan Review (Cont.) "Stearns Hill Estates" The Planning Board reviewed this 183 lot preliminary subdivision. Some of the issues discussed included the possibility of reducing the number of access and.' egress roads to Route 106 currently planned (including those for the subdivi- sion "Eastleigh Estates North" and "Northridge "). Drainage will need to be addressed further. A phasing plan should be supplied including how many lots to be developed per year. Hydrant locations unsatisfactory. Possibility of severing this location was also discussed at length. Applicant may request a waiver for the road length. Motion: To send a letter to the Board of Selectmen informing them of the large developments being proposed off Route 106 and that the Planning Board will be asking developers to join in sewering this area. Copy to be sent to the Canoe River Aquifer Advisory Committee along with a request that Michel LaCasse, Planning Director be put on their agenda to show the Committee what is going on. (Quinn - McClanahan) All in favor. PASSES. Planning Board allowed several members of the public to speak at this prelimi- nary plan review. Motion: To deny the preliminary plan for "Stearns Hill Estates" because the plan does not comply with the Mansfield Subdivision Regulations as to road length. A feasibility study on sewer to be addressed in the EIS and phasing of the construction of this proposed subdivision to be included in the definitive stage. (Quinn - Flynn) All in favor. PASSES. "Sturbridge Estates" This subdivision will be opposite the entrance to "Stearns Hill Estates" on the south side of Rte. 106. Some of the concerns the Planning Board and the Plan- ning Director would like addressed in the definitive stage are to connect the cul -de -sacs, not to create a throughway, but for water, sewer, etc. Redesign the roads to possibly tie into abutting subdivisions and eliminate one access /egress to Rte 106. Discourage snakelike roadway which crosses wetlands. Impact of this subdivision on public and private w2115 should be addressed. Parcel A, which abuts lots 7, 8 and 9 should be explained as to possible future use. Address the large hole at the rear of lot 10 which holds water. Planning Board allowed members of the public to speak at this review. Motion: To approve the preliminary subdivision plan "Sturbridge Estates" 4 Planning Board's Minutes June 15 1988 Page -5- subject to the following being addressed in the definitive stage: 1. Advise the applicant that the roadway layout may conform, but is not a desirable roadway layout and the Board prefers it be changed. Section IV.A.2.d allows a 60- radius but states the roadway should come as close to 90" as possible. 2. A full EIS should be addressed including the impact on the wells, both public and private. 3. Address Parcel A, abutting lots 7, 8 and 9 - what is the purpose and what will it become. 4. Address large hole on rear property line of lot 10 which holds water. (Quinn - Caponigro) All in favor. PASSES. (Planner Quinn left the meeting at 10:30 P.M.) (Planner Flynn left the meeting at this time.) 9. 10:35 P.M. - Continuation of Public Hearing - "Windermere" - Applicant: Richard Staples - Deadline: July 29, 1988 At 10:35 P.M., Chairman Annino continued the public hearing for "Windermere ". At 11:45 P.M. this public hearing was continued until July 27, 1988 at 9:00 P.M. / (Planner Quinn returned to the meeting at 10:45 P.M.) The following people spoke at this public hearing: Michael Trowbridge, Hutchins - Trowbridge Associates, Inc. Leonard Flynn, 102 Jewell Street, Mansfield, MA The following motions were made at this public hearing: Motion: To close the public hearing. (Madan- Quinn) All in favor. PASSES. Motion: To deny the definitive subdivision plan "Windermere" due to the fact that it does not conform to Section IV.F., Lot Drainage, in that sufficient evidence has not been presented to show that adequate provision has been made for the proper drainage of surface and under- ground waters. (Guinn - Caponigro for discussion) Planner Quinn in favor. Planners Caponigro, Madan, McClanahan, Sohn and Chairman Quinn opposed. Motion: To reconsider the motion to close the public hearing by closing to accept written input only until July 27, 1988 and to ask the ap- plicant to have a complete soil analysis done or invite Dr. Carr to attend the next Planning Board meeting. (Sohn - Quinn) All in favor. PASSES. 9 Planning Board's Minutes June 15, 1988 Page -b- Motion: To hire a soil testing agency and present the results to an outside engineer for analysis. Planning Board will hire the agency. Ap- plicant will be required to pay for Board's choice. (Sohn- Quinn) Planners Sohn, Quinn and Annino in favor. Planners Madan and McClanahan opposed. Planner Caponigro abstains. PASSES. Motion: To continue the public hearing until July 27, 1988 at 9 :00 P.M. (Quinn -Sohn) All in favor. PASSES. (Planner Flynn returned to the meeting at this time.) 10. "Form A" (AMR) Plans Robert A & Jacqueline J Hoffman - Balcom Street Motion: To sign the "Form A" (ANR) Plan for Hoffman for property located on Balcom Street. (McClanahan - Flynn) All in favor. PASSES. (Planner Madan left the meeting at this time.) United Oil Heat - Winthrop Street Motion: To sign the "Form A" (ANR) Plan for United Oil for property located on Winthrop Street. (Flynn - Caponigro) All in favor. PASSES. (Planner Madan returned to the meeting at this time. 11. Variance Requests Gary P. and Janet S. Eagan - Janet Lane Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance request of Eagan to construct a single family dwelling at 20 Janet Lane with less than 120' frontage, which is non- conforming in the Residence AA Zone. (Caponigro - McClanahan) Planners Caponigro and McClanahan in favor. Planners Flynn, Quinn, Sohn and Chairman Annino opposed. Planner Madan abstains. FAILS. Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance request of Eagan to construct a single family dwelling at 20 Janet Lane with less than 120' frontage due to the fact that this plan derogates from the intent of the Zoning By -Laws. (Quinn - McClanahan) Planners Quinn, McClanahan, Flynn and Chairman Annino in favor. Planners Madan and Sohn abstain. PASSES. Spring Brook Cemetery - 88 School Street Motion; To send a positive recommendation to the Zoning Board of Appeals on the Special Permit application of Spring Brook Cemetery for expansion of a non - conforming use in a Residence A Zone. (Caponigro- Quinn) All in favor. PASSES. Ronald N. Harrison - 12 Rustic Drive Notion: To send a negative recommendation to the Zoning Board of Appeals on A Planning Board's Minutes June 15 1988 Page -7- the variance application of Harrison to construct an addition to an existing dwelling at 12 Rustic Drive with less than a 25' side yard. which is non- conforming in the Agriculture Zone. (Quinn - Flynn) All in favor. PASSES. Jackson Court Realty Trust, 28 Court Street Motion: To send a negative recommendation on the variance request of Jackson Court Realty to tear down an existing dwelling at 28 Court Street and replace it with two, two unit buildings and retain parking in the municipal parking lot in the Downtown Business Zone to the Zoning Board of Appeals due to the fact that this variance request derogates from the intent of the Zoning By -Laws. (Quinn -Flynn for discussion) Planners Quinn, Flynn, Madan, McClanahan, Sohn and Chairman Annino in favor. Planner Caponigro abstains. PASSES. , Motion: To send a letter to the Board of Selectmen advising them of the proposed changes to Jackson Court and state that the applicant was granted the right to park on the Old Colony right -of -way by the Board of Selectmen to save the old house. If it is the intent of the ap- plicant to demolish this house, he should go back to his original plan with on -sight parking. Send a copy to the Zoning Board of Ap- peals. (Quinn - Flynn) Planners Quinn, Flynn, Madan, McClanahan, Sohn and Chairman Annino in favor. Planner Caponigro opposed. PASSES. (Planner McClanahan left the meeting at this time.) Michael A McClanahan - Wood Avenue (Maryalice Way) Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance request of McClanahan to construct a two- family dwelling on Wood Avenue (Maryalice Way), which is non- conforming in the Residence A Zone. (Sohn- Quinn) Planners Sohn, Quinn, Madan, Flynn and Caponigro in favor. Chairman Annino opposed. PASSES. (Planner McClanahan returned to the meeting at this time.) 12. Correspondence (Cont.) Release of Covenant for Lots 1, 25 3 and 4 for "Morrow Street Extension, Phase II". Motion: To approve the Release of Covenant for Lots 1, 2, 3 and 4 for "Morrow Street Extension, Phase II ". (Quinn -Sohn) All in favor. PASSES. Release of Covenant for Lots 1, 25 33 4, 5, b, 7, 8 and 9 for "Elmwood ". Motion: To approve the Release of Covenant for Lots 1, 2, 3, 4, 5, b, 7, 8 and 9 for "Elmwood ". (Quinn -Sohn) All in favor. PASSES. Letter from Hidden Lane Realty Trust regarding items completed and ready for 7 Planning Board's Minutes June 15, 1988 release at "Hidden Estates" subdivision. Motion: Send a letter to Hidden Lane Realty Trust explaining that their bond figure has been re- figured. (Quinn - Flynn) Planners Quinn, Flynn, Madan, McClanahan, Sohn and Caponigro. Chairman Annino abstains. PASSES. Letter to Planning Board from Karl Clemmey requesting endorsement from the Planning Board once again for a zoning change for a shopping mall at Copeland Drive should the Master Plan hold a Special Town Meeting in the fall. Motion: To send a letter to Karl Clemmey stating that while the Planning Board cannot take a formal position on a zoning article without a public hearing, given that the last vote was unanimous and assuming nothing has changed, it is likely that the Board will support this in the future. .t (Quinn -Sohn) All in favor. PASSES. 12. Around The Table Planning Director LaCasse explained the Mansfield Corporate Center overall plan which was included in correspondence. There are two buildings, one of which has more parking spaces than necessary for the square footage. The other has less parking. The applicant is asking the opinion of the Planning Board to use the extra parking from one area on the site plan for the second building. The Planning Board does not feel this will be a problem as long as the land is con- tiguous. Motion: To send a letter to the Board of Selectmen thanking them for the op- portunity to work on the committee to promote the override and remind them that this is the first time in a long time that representatives of all boards got something done in a constructive fashion. (Quinn- Caponigro) All in favor. PASSES. Planning Director LaCasse asked for the support of the Planning Board for the easement to be constructed on Fruit Street across from "Hallett Crossing II ". A public hearing is being held by both the Town of Mansfield and the Applicant. The Order of Conditions will be written by the Conservation Commission. Motion: To support the Town of Mansfield and the Applicant for the easement to be constructed on Fruit Street across from "Hallett Crossing II ". ( Caponigro- Madan) All in favor. PASSES. Now that there is a new Town Manager, new ID cards must be made for all Town officials. 10 Planning Board's Minutes June 15, 198B Page -9- ( Planning Director LaCasse stated the Board should advertise for a public hear- ing for the Subdivision Rules and Regulations changes. Several subdivisions will be submitting their definitive plans soon, including the 183 lots for "Stearns Hill Estates ". The Planning Department will have to pay for advertis- ing and all certified mailings if the regulations are not changed. A document was given to board by Planning Director LaCasse for review and he feels many of them are ready to be advertised. Planner Flynn asked if the Planning Board was going to file a Notice of Intent with Conservation for "Maplewood Estates II ", specifically for Lewis Road. Planning Director LaCasse stated a letter had been written to Conservation in- forming them of this. As the result of correspondence from the OMNIS Corporation regarding "Hidden Estates" which was hand delivered to the Planning Department, the secretary had to sign several sheets as proof they had been received. Planner Madan stated he would like to set a new policy that any correspondence needing a signature be referred to the Town Clerk, or sent by Certified Mail. Motion: To refer all hand delivered correspondence requiring proof of receipt to the Town Clerk for signature or inform persons delivering said correspondence to send by Certified Mail in the future. (Madan - Flynn) All in favor. PASSES. 13. Meeting adjourned at 12:45 A.M. CLERK a-s 9,V DAT 6