HomeMy WebLinkAboutmin of planning brd 10/11/2006
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Town of Mansfield 06 NOV I 4 AM 10: 21
Planning Board Minutes
October 11, 2006 t'1A~~SFIELO
Present: Tom French, Chairman (7:40 PM); Fred Armstrong, Cle~W~ter
Jenkins, Doug Annino (8:50 PM), John DeMassi, (7:45) Frank Holmes
Alternates: Michael McClanahan, Stan Feck
Shaun P. Burke, Director of Planning and Development
Motion: To appoint Mr. Jenkins Acting Chairman.
(Torman /McClanahan) All in Favor. PASSES.
1. September 27,2006 minutes
Mr. Armstrong commented he had not reviewed the minutes. Mr. Torman requested
clarification regarding the alternate members voting on the ZBA Application for
Finding for 347 Pratt Street. Mr. Burke explained a recent Town Counsel opinion
that alternate members may participate in discussion, but do not vote unless appointed
by the chairman.
Motion: To approve as submitted (Holmes- Torman) Five in favor. French
abstained. PASSES
2. September Building Permit Summary
3. Request from Great Woods Associates to extend the 2004 special permit for phase 3
r of the Great Woods Office Park at South Main Street and Reservoir St. The existing
permit expires in 2006. Mr. Burke explained Great Woods Associates has indicated
that due the soft real estate market, they have not found a tenant for the property, and
as a result are not able to secure the financing necessary for them to move forward
with construction. Mr. Burke recommended the board grant an extension of the
special permit for a period of (6) six months with a condition that no changes are
made to the existing conditions of the permit. Mr. DeMassi asked whether any new
by-laws have been adopted since the initial permit submission was received from
Great Woods Associates. Mr. Burke said there have not. Mr. Holmes asked if there
is a limit to how many times an applicant can request extension. Mr. Armstrong said
based on his professional experience, applicants typically are allowed to request a
one-time extension.
Motion: To grant an extension of the special permit for Phase 3 of the Great
Woods Office Park for a period of (6) six months. Should the applicant want to
continue after this period expires, a new special permit application must be
submitted to the Planning Board. (Armstrong-DeMassi) Six in favor. Annino
abstained. PASSES
4. JTPG meeting notice
5. The Beacon
6. Brownfields Conference notice
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The Town Planner's office was contacted late this afternoon to cancel discussion on this
project.
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Mr. DeMassi expressed frustration regarding the applicant's short cancellation notice,
noting that this is the second time the same representatives for Foundry LLC were
unprepared for a scheduled meeting. Rearranging the agenda on short notice is not fair to
board members or the other attendees scheduled for the same evening.
Dr. Torman agreed and said he is upset that the Planning Board continues to rearrange
their agenda to accommodate this group.
Mr. Dan Clemmey was in attendance and apologized for the inconvenience.
The applicant is represented by Jerry Johnson, Rare Hospitality; Ira Marston, Ryan
Lawlor and Todd Dill from WD Partners. Dan Clemmey represents the landowner.
General Overview:
· Seating Capacity: Total seating is 188 including bar and restaurant seating.
· Parking: Restaurant parking area is on main access road. Applicant is required to
provide 72 parking spaces to meet zoning requirements. 109 are provided with
overflow use of Home Depot. -n
· Rooftop units: Mr. Jenkins asked about the three units on the roof. The board
discussed having them painted a similar color to the building.
· Satellite dish may be installed but will not be seen from above roof
· Lighting: Mr. Clemmey said they would use the same materials as Home Depot
. Fire Hydrant: Mr. Holmes questioned whether the 4-inch fire service line shown
on Sheet C5 is acceptable by Water Division. He said the typical requirement for
fire service is a 6-inch line, to ensure sufficient flow. The applicant needs to
confirm their proposed line is acceptable to the Water Division.
. Emergency traffic patterns shown
. Parapet height: Top of roof is 18 feet
· Mr. Johnson presented elevation drawings with a sample of landscaping.
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· Orientation of building: Front of restaurant to face East of Rt. 140 similar to the
existing Home Depot building.
· Utility Plans: review of drainage.
· Signage: One main sign at entrance would be used to direct customers to the site.
No additional signage is planned.
· Irrigation system is planned for landscaping. Mr. Holmes confirmed that some
landscaping, such as evergreens and junipers, will stay green in winter months.
Mr. French said he would like to see the trash enclosure be gated with full masonry and a
wooden gate, and asked that it not be visible from the street. Additional landscaping is
planned to enhance esthetics
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Department Head Comments
The clerk read:
September 11, 2006 email from Steve Bishop, Water Department.
September 12, 2006 memo from Ann Langille, Electric Department
· Mr. Johnson informed the board he has addressed all department head comments,
including the relocation of the transformer as required by Electric Dept.
September 14,2006 memo from John Sullivan, Town Engineer
September 14,2006 memo from Mr. Burke
September 28, 2006 memo from Mr. Sullivan
September 29, 2006 letter from Mr. Marston including responses to above-referenced
department head comments
October 3, 2006 letter from Mr. Marston including response to Mr. Sullivan's September
28, 2006 comments
The board noted that Mr. Sullivan's memo requests additional documentation. Initial
geotechnical evaluation identified organics on the property, which were removed. Mr.
Sullivan would like to require a Geotechnical Engineer be on site and that any organics
found be removed from the site replaced with suitable soil. Finger drains are not
acceptable.
Mr. Burke suggested sending a positive recommendation to the Building Inspector
Motion: To send the Building Inspector a positive recommendation with the following
conditions:
1. All department head comments (attached) must be fully and satisfactorily addressed.
2. The rooftop air conditioninglheating units will be painted to blend in with the
building's roof.
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3. The water main size feeding the hydrant, the dedicated fire line and potable water line
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will be checked with the Water Department.
4. The applicant is required to have a geotechnical engineer on site during site work to
analyze and supervise the removal of organic materials, if any, and the replacement
with suitable gravel base and compaction of same.
5. The applicant has agreed to consider the New England climate when choosing
plantings for the landscaped areas, and to install an irrigation system for the
landscaped areas.
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6. The dumpster will be fully enclosed by a full masonry wall with a wooden gate.
(Armstrong -Jenkins) All in favor. PASSES
Applicant Bob Meeks and Engineer Mike Trowbridge, Hutchins-Trowbridge Associates
Dr. Torman noted he has missed one meeting on this subdivision and left the table. Mr.
Freck left the meeting at this time.
General Discussion:
Mr. Trowbridge reviewed modifications made to the original plans:
· Widened right of way 20 to 25 feet.
· Increase cul-de-sac size per Fire Department
· Testing requested by Town Engineer is complete
· Proposed timber guardrail added (2) 2" x 6"
. Trash can area added
· Tightened into vertical horizontal control
. Added driveways
· Bends added to road to follow wetlands in the area.
. Added (3) trees
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Mr. Jenkins asked about the status of the open space. Mr. Burke said Lou Andrews does
not support the NR T taking the property. At this time the open space will be put into
homeowners associates.
The clerk read a September 5, 2006 letter from Mr. Sullivan approving the revised storm-
water management plan.
Mr. Annino asked about the number of lights shown on drawing. The board discussed
above-ground versus below-ground utilities.
Mr. Burke said the project as proposed is an unobtrusive development on a private road
and gave the board a positive recommendation.
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The board discussed requiring the applicant to provide surety for the completion of
approximately 500 feet of roadway.
Mr. French said he is not in favor of requiring surety. He expressed concern that if the
Board requires the contractor to submit a bond for the private roadway, the Town would
then assume ownership.
Mr. Jenkins said he is in favor of requiring surety to protect future consumers of private
roadways should things go wrong.
Mr. Armstrong said the town is responsible to make sure the road gets installed correctly
in the first place.
Motion: To approve the special permit for Appaloosa Estates with the following
conditions:
1. All department head comments shall be fully and satisfactorily addressed within the
20-day appeal period
2. The "Master Declaration Reservations and Restrictions for Appaloosa Estates at
Williams Street, A Residential Compound in Mansfield, Massachusetts" dated
October 11, 2006 shall be recorded with the special pennit
3. The open space areas, identified as "0" on the plans dated October 3, 2006, shall be
donated to the Natural Resources Trust. In the event the Natural Resources Trust does
not accept the donation of the open space, those areas shall be owned by the
homeowner's association. Regardless of ownership, the vegetation within the open
common space shall not be cut, altered or disturbed in any way, other than what is
shown on the approved plans dated October 3,2006 and shall remain as open space in
perpetuity;
4. The roadway and drainage system and structures and the street lights shall remain
private and the Town of Mansfield shall not be asked to accept or maintain the way or
the drainage system or structures. A note to that effect shall be added to the plan and
to each deed within the residential compound;
5. All primary structures shall have front, rear and side yard setbacks as identified on the
Building Envelope Line (BEL) as shown on the plans dated October 3, 2006;
6. The construction of sheds shall be allowed five feet (5') from the property line on
each lot provided they confonn to the Zoning By-Law requirements for accessory
structures. The primary structure on each lot shall be constructed wholly within the
BEL as shown on the plans dated October 3, 2006;
7. Any work (other than a shed as described in condition 6, above) outside the BEL
shown on the plans dated October 3, 2006, either between lots within the subdivision
or between any lot in the subdivision and an abutting lot, may require a new special
pennit;
8. Street lights shall be separately metered and contain photovoltaic cells;
9. All overhead utilities shown on the plans shall be replaced with underground utilities;
10. Street trees shall meet or exceed the requirements of the Mansfield Subdivision
Regulations for caliper and height;
11. All improvements shall be constructed in accordance with the approved plans;
12. The homeowner's association shall be responsible for trash removal and snow
plowing;
13. There shall be no pennanent trash dumpster placed on site;
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14. The drainage area shall be cleaned twice a year by the homeowner's association and
reports shall be submitted to the Town Engineer;
IS. There shall be a sign installed stating that the roadway is a private way and listing the
house numbers on the private way;
16. That portion of the plan to be recorded shall contain the following note: "Any and
all conditions of approval contained in this special permit written decision shall
apply to any and all subsequent owners, in whole or in part."
17. That portion of the plan to be recorded shall contain a note referencing the recorded
special permit decision and where said decision may be found.
18. All conditions accompanying the approval of this special permit shall be written on
that portion of the plan to be recorded at the Registry of Deeds.
19. That portion of the plan to be recorded shall contain the following note: "This
subdivision, in part or in whole, shall not be resubdivided in a way which will create
additional buildable lots beyond the five (5) lots approved in this permit."
20. This residential compound is approved by both this special permit in accordance with
the Zoning Act and this Planning Board Certificate of Action under Subdivision
Control Law.
21. The developer shall post a bond sufficient to complete the improvements shown on
the plans. The bond shall be posted at the time of occupancy of the first house in the
subdivision. The acceptance of this bond by the Town of Mansfield does not obligate
the Town to make this roadway a public way. The surety is being posted to safeguard
the interests of the future residents.
22. Prior to the application for issuance of occupancy permits for any dwelling having
its frontage on the private way, the following items must be complete.
a. The entire roadway within the residential compound shall be constructed up to and
including the binder course of bituminous concrete and satisfactorily inspected.
b. All street drainage shall be fully complete and functioning with all grates and
castings set to grade.
c. The stonnwater drainage area shall be operational, fully constructed and completed
according to plan.
d. Street lights shall be installed and operational.
23. A digital as-built plan of the roadway and drainage system shall be submitted in
accordance with the Mansfield Subdivision Regulations.
24. All plan revisions required after the close of the public hearing shall be completed
and reviewed prior to the Planning Board signing the special pennit.
25. Any change to the design of the roadway or drainage as shown on the approved plans
shall be presented to the Planning Board for review and may require a reopening of
the public hearing and a modification to the special permit.
26. Hours of operation for roadway/drainage construction shall be 7:00 am to 5:00 pm
Monday through Friday and 8:00 am to 3:00 pm on Saturday. No work shall be done
on Sunday. All loaded vehicles shall be suitably covered to prevent dust and contents
from leaving the vehicle and to protect abutters and other residents, and the public
way from material spilled from the load. Williams Street shall be maintained free of
all mud, stones or any other conditions that may result in a public safety hazard for
vehicles or pedestrians. Sweeping or cleaning must be completed daily or more
frequently as deemed necessary during the operation, as directed by Police Chief
Arthur O'Neill. The applicant may be required to have a police officer present
during any hauling. Please consult with Police Chief O'Neill as to whether or not this
may be necessary and to discuss the best hauling routes.
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(Annino-Holmes)
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DeMassi - In favor. The project's benefits outweigh its detriments. The developer has
been cooperative in creating a project that will work well.
Jenkins - In favor. The project will increase open space and provides an increased buffer
area between the existing and new homes.
Annino - In favor. This type of land use is more desirable than a traditional subdivision.
Armstrong - The reduction in the amount of pavement and the use of open space result in
a development that is sensitive to the wetland areas on the site.
Holmes - In favor. The project's benefits outweigh its detriments. This type of
development will help to minimize the impacts to the wetland areas.
French - In favor. This type of development results in decreased drainage impacts, more
open space and a permanent buffer between the new development and the existing
homes.
All in favor. PASSES
Motion: To close the public hearing (Annino-DeMassi) All in favor. PASSES
[Dr. Torman returned to the table at this time]
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Dr. Torman said the trailers have been removed from the South Main Street parking lot
owned by Karl Clemmey. Mr. Burke said it is his understanding that the tenant has
relocated.
Mr. Jenkins asked about a meeting with the Board of Selectmen to discuss the expedited
permitting legislation. Mr. Burke said that meeting had to be rescheduled because of a
number of Town Meeting-related agenda items.
Mr. Burke told the board he attended a recent luncheon with the Downtown Business
Association, which supports the new downtown design guidelines, and supports efforts to
move forward with grant applications for downtown improvements.
Motion: To adjourn at 10:15 p.m. (DeMassi-Torman) All in favor. PASSES
Next meeting: Wednesday, October 25, 2006 at 7:00 p.m.
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Date of Approval
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