HomeMy WebLinkAboutmin of planning brd 09/13/2006
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F~ECEIVED
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Planning Board Minutes' ",.d,. ,,,,'.. 1_
September 13, 2006 C16-0rI2F. PM 2: h ~
Present: Tom French, Chairman, Fred Armstrong, Clerk, Ieet1 Th'fm~ WaIter Jenkins,
Doug Annino, John DeMassi, and Frank Holmes 1'1 J.\ N S FiE L 0
Alternate members; Michael McClanahan and Stan Feck MASSACHUSETTS
Shaun P. Burke, Director of Planning and Development
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The Mansfield Board of Selectman requested the Planning Board Chairman to attend their
Selectmen's meeting for a short period this same evening. Planning Director Shawn Burke
recommended that the Board appoint an Acting Chairman to start the meeting in Mr. French's
absence.
MOTION: To appoint Mr. Jenkins Acting Chairman until Mr. French returns.
(Torman/Holmes) All in Favor. PASSES
1. August 9, 2006 minutes (Review/Approval)
MOTION: To approve with minor edits submitted by Mr. Armstrong.
(Torman-Feck) All in Favor. PASSES
2. Building Permit Summary - August 2006
3. Meeting Notices - Attleboro, North Attleboro, Norton, Canoe River Aquifer Advisory
Committee, JTPG
4. The Beacon
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6. SPREDD Intersection Report
Mr. Burke presented the ANR plans for the Autumn Project located off Essex Street in Mansfield
for the Board's review.
Demassi: Clarification requested regarding the location of Lot 3.
Burke: Mr. Burke confirmed that Lot 3 surrounds Lot 1 and Lot 2 as shown on the plan. Access
would be located approximately 50 feet to the right side of the property.
Jenkins: Mr. Jenkins questioned whether there are existing buildings on lot. The applicant
responded that there are no buildings currently located on this site.
MOTION: To approve the plans as presented. (ArmstrongITorman) All in Favor. PASSES.
Burke: At the request of the Finance Committee, each Town Board and Committee was asked to
review its current fee schedule, and return a recommendation.
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Mr. Burke noted that under the Town statute, the Planning Board makes recommendations to the
Board of Selectman to set fees. The Planning Board has authority to approve Subdivision Fees
and Special Permits.
Handouts related to this topic were distributed by Mr. Burke for the Board's review. These
documents included:
. Information from SRPEDD (2-page document)
. Two page summary of existing fees (Adopted 2002)
. Summary of proposed increase of approximately 4% (over 2 year period)
. Sample fee schedule for the Towns of Sharon and Foxboro, Massachusetts
Mr. Burke discussed similarities and differences between the fee structures in surrounding
communities, noting a philosophy used in many communities is that development should pay its
own way, not the resident taxpayers within the community.
DeMassi: Based on the information presented in the handouts, Mr. DeMassi commented that
filing fees seem to vary widely from town to town.
Burke: Mansfield's filing fee structure is currently based on a calculation of manpower and the
amount of review time it takes to process the approvals. The fee structure in Mansfield is higher
than many other communities because of the in-house services, which are provided to the
applicant (Le. Engineering review/inspections, Water Division, and Town Planner etc.) In
communities shown as having lower fees, the contractor would be required to hire independent
consultants to provide these necessary services and/or inspections.
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McClanahan: Mr. McClanahan commented that the City of Attleboro currently subcontracts
services for peer review and charges the developer accordingly to provide that service.
Holmes: Developer's costs would be much higher than the current fee in Mansfield if they were
required to pay independently for a peer review.
Burke: Mansfield currently uses a rational nexus philosophy, whereby the fees in place must
have reasonable relationship to the work provided, versus using fees as only a moneymaking tool
for the Town.
Mr. Burke and Mr. French had previous conversation about another procedure used in the Town
of Franklin. Franklin offers a Surety Reduction Administration Fee by request to Town Planner
whereby a $500 fee is collected with the contract that allows the contractor to reduce the surety
amount based on a percentage of the work complete.
McClanahan: Reminder to the Board that Public Hearings would be necessary in order to
discuss any changes to Subdivision Fees.
DeMassi: SRPEDD is currently updating the same spreadsheets that were distributed to the
Board that evening.
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Burke: Mr. Burke believes the current fees in Mansfield are not excessive, based on the volume
of services provided to the Applicant.
French: Mr. French concurred that the fee structure in Mansfield is set reasonably at this time,
adding that the Town Engineer does a superior job of engineering review.
Planning Board members agreed that they are comfortable with the current process in place used
to establish fees.
Public Comment: Mansfield resident and local business owner Karl Clemmey, spoke out
regarding a possibility of proposed fee increases saying that that little guys would be taking a big
bite if Mansfield's fees were increased. Mr. Clemmey agreed with previous statements made by
the Town Planner that fees imposed by the Town should be set reasonably to limit impact to the
individual taxpayer, and stressed that the fees collected should not be used by the Town as a
general revenue source.
Mr. Burke advised Mr. Clemmey that a Public Hearing would be scheduled at a future date to
formerly discuss this topic and receive public comment.
[Mr. Feck excused himself and left the meeting room at this time.]
Reoresentives for Aoolicant: Mr. Perry DiMascio and Project Engineer Ralph Maloon of RIM
Engineering.
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RIM Enlrlneerine: UDdate:
Mr. Maloon presented revised plans to the Planning Board for their review and comment. The
proposed 16-lot subdivision includes 4 lots in the Town of Norton, and 12 lots in the Town of
Mansfield.
Norton Planninfl Board:
. Public Hearing is now closed. The Autumn Park project is approved to move forward.
Conservation:
. Approval from the Norton Conservation Board is pending as of this date.
. The Conservation Agent from the Town of Norton has requested the Applicant to install a
fence on the Mansfield side of the project to protect a vernal pool.
. The Mansfield Conservation Agent opposes the fence installation requested at this
location.
. RIM Engineer is currently reviewing fence options.
. Mr. Maloon noted that a culvert has been added for animal crossing (i.e. turtles).
Electric:
. Revised electric plans (Page 18) include increased lighting conditions.
r . The plans as shown maintain existing trees in the common area circle.
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. Two light poles are shown in this location.
r LandscQDing:
. Various landscaping (Page 8) was shaded with wetland area.
. Town agreed to provide (4) six-foot Austrian pines trees for water easement. Location
will be selected after the location of water main is determined.
Drainal!e:
. RIM Engineering plans to request a waiver from set-back from property line.
. The current drainage plan is 150 ft from the property line. Calculations were based on
predictions for a 100-year storm.
. Question was asked whether overflow meant that water would not get within 70 feet of
the lot. Mr. Maloon responded no, it would not.
. Planning Board requested the Engineer to resubmit drainage calculations assuming no
water would be going in to the ground during the winter. Assuming recharge, then the
top of the water would be within 70 feet of Essex Street.
General Discussion
DeMassi: Question was raised as to why a hydrant would be installed in the wooded area.
McClanahan: There is an 8-inch water main located six feet below ground that extends
approximately 800 feet through the property.
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Burke: The Water Department requires a hydrant be installed per plans to comply with Town
regulations.
Torman: Question raised regarding a contribution to the sidewalk fund. Mr. DiMascio offered
to make a gift donation to the Mansfield Sidewalk Fund in the amount of$10,000 dollars. Mr.
Burke advised Mr. DiMascio that the Board of Selectmen must vote to accept the gift to the
Town. Mr. DiMascio will forward a letter to the Selectmen for approval.
Members discussed various options to secure a 6- foot drop at the wall.
. Town Engineer John Sullivan previously expressed concern regarding absence of a
guardrail. Fencing needs to be installed.
Annino: Mr. Annino advised fellow members that at any time that earth conditions create a 30-
inch (or more) drop in elevation a fence or guardrail is required.
French: The Engineer and Applicant were directed to install a 4-foot high black vinyl fence to
be located behind the guardrail above the wall, on high side.
Annino: Request made to the Engineer to remove the concrete wall as shown and replace it with
versalock wall or interlocking material.
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Annino: Requested the Engineer to add a notation on the plans that the "location of trees is as
identified on plans".
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Holmes: Suggestion made by Mr. Holmes that new trees be no bigger than 3-inch caliper and a
minimum 16 feet height. All members were in agreement that this size tree would be
appropriate.
. RIM Engineering was asked to provide a soil detail showing sandy and wet conditions
(30% loam 70% sand).
Site Plan Review: The plan review process is complete. All parties are satisfied with plans as
revised.
. Letter from Electric Dept. is received.
. E-mail from S. Bishop, Mansfield Water Division; No objections.
. Letter from Town of Norton. Waive 6 waiver request
. Contractor needs to identify a construction entrance site.
. Applicant has received a letter of approval from Town Engineer John Sullivan.
Burke: Board needs to add a condition to accept gift donation of sidewalk funds. Letter from
Planning Board needs to be sent to the Board of Selectman to earmark gift to the Town's existing
sidewalk gift account.
Revised plans as approved by the Board:
. Includes add waiver item #6 added storm water management system less than 600 feet
from boundary.
r' . 50 foot no disturbance area shall be included on the deed for each of these parcels
(reword)
. Item 7 changed to include restriction added that restricts building within a designated
distance outside the envelope of the property structure.
MOTION: to approve the following (6) six waiver requests as submitted:
. To allow a 22-foot paved road in place of the 24-foot required.
. To all sloping granite curbing in place of the vertical granite curbing required
. To allow a side walk on one side of the road as shown on these plans
. To allow for a revised cross section shown on sheet 18
. One basin that 1 % slope for the 12 in drain line out of catch basin
. To allow a detention area to be 70 feet from the property line
(Annino/Torman) All in Favor. Passes.
MOTION: to Approve Special Permit for the Autumn Park Subdivision (Torman/Annino)
Torman/Aye: Benefits of the project out-weigh the detriment to the Town of Mansfield
McClanahan: Abstained.
Demassi/ Aye: The developer has satisfied the concerns raised by the Board. Benefits of
the project out-weigh the detriment to the Town of Mansfield.
Jenkins/Aye: Benefits of the project out-weigh the detriment to the Town and it would
be a nice addition to the town
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Annino/ Aye:
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Armstrong! Aye:
Holmes! Aye:
French! Aye:
Benefits of the project out-weigh the detriment to the Town. The total lot
area and amount of wetlands involved project is complicated, however the
project is well thought out and does not encourage development in
common space.
Applicant has done a great job development of the project. Benefits of the
project out-weigh the detriment to the Town of Mansfield.
This type of project offers reduced impact to the landscaping.
Benefits of the project out-weigh the detriment to the Town of Mansfield.
Mr. French said the cluster style subdivision is preferable in this situation
for a number of reasons and complimented the developer and engineer on
their design.
Public Comment
Resident Richard Detch of20 Nathan Road wants to ensure a 50-foot no cut zone is preserved
and recommends this item be included in the deed for property. The abutter also requests that
any disruption oflandscaping in this area be replaced by the developer.
Burke: At this time, Mr. Burke suggested that the Board consider acting on the scenic road
permit.
MOTION: To grant permission to alter a Scenic Way, with condition that no trees will be
removed and the wall will be wrapped into the entrance as shown on the plan.
(ArmstrongITorman) All in Favor. Passes
r MOTION: To close Public Hearing discussion regarding the proposed Autumn Park project.
(TormanlArmstrong) All in Favor. Passes.
Torman: Speculation was heard that outstanding issues at the Erin's Centre Development
(Rt.140/Chauncy Street) might be repaired soon. Mr. Burke hopes that the matter will be
resolved prior to October 11, 2006.
DeMassi: What's happening with road reconstruction on Franklin St. Mr. Burke's
understanding is that the road will remain in its current condition indefinitely.
Armstrong: Question to Mr. Burke regarding the status of a sign hearing for Mansfield Crossing.
No hearing is planned at this time. The Planning Board received a letter from the Natural
Resources Trust (NRT) opposing a variance to install the signage proposed.
(Tom French returned to the meeting at this point)
Jenkins: Acting Chairman returned the Chairman position to Chairman Tom French
Traffic Study UDdate:
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The Planning Board previously requested the Board of Selectman approve a sum of $5,000 for
the Cecil Group to prepare a scope of work to do a traffic study for the train station area.
French: After meeting with the Board of Selectman this evening, Mr. French reported that the
Board had approved moving forward with Traffic Study by 3-1 vote with Selectman Dentino
opposed. Selectman Dentino indicated an Infrastructure Study should be done instead.
Items to be evaluated in the Traffic Study include:
. Lowest density area.
. Highest density that would support a garage.
. Widening roadway/infrastructure improvements.
. Option to buy homes in the train station area for road widening is not under
consideration.
Mr. French asked Mr. Burke to generate a list of priorities that should be considered when
writing the Request for Proposals.
General discussion opened regarding various options that have been explored to reduce traffic
problems in the train station area.
DeMassi: Questioned whether documents are available that indicate the owner of the land, or if
a title search would be necessary to make that determination. Availability of easements is
unknown at this time.
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MOTION: To open Pubic Hearing regarding the Appaloosa Project (Torman/Armstrong)
(McClanahan abstained)
Mr. Burke indicated that the applicant had requested the public hearing originally scheduled for
that evening, be continued until Wednesday, September 27,2006.
MOTION: To continue the Public Hearing until Wednesday, September 27,2006.
(Torman-Annstrong) All in Favor. Passes.
French: As Mr. Mr. McClanahan and Mr. Feck are not permitted to vote in the Appaloosa Public
Hearing. Mr. French noted that he would not be able to attend this meeting. It was agreed that
the hearing would be held with the remaining six members in attendance.
Burke: Curb cut permit for Rt. 140 from Mass Highway remains pending.
. Site work will be extensive at Mansfield Crossing starting in October 2006 through
March 2007. 120,000 yards of earth material is scheduled for removal at the location on
School Street in Mansfield. Approximately 300,000 yards will be returned to this same
site.
. Mr. Burke anticipates the Contractor will submit a request to allow work on Saturdays.
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Annino: The City of Attleboro recently published a draft copy of their 20-year Master Plan and
addresses train station parking. Mr. Annino offered to provide a copy of the plan if members are
interested. Based on Attleboro's plan, there is a possibility that Town of Mansfield could see an
impact at the train station in the future.
MOTION: To adjourn at 10:00 p.m. (Torman/DeMassi) All in Favor. PASSES
Next meeting: Wednesday, September 27,2006 at 7:30 p.m.
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Signature of Clerk
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Date of Approval
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