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HomeMy WebLinkAboutPlanning 01/29/1986PLANNING BOARDIS MINUTES JANUARY 29, 1986 Present: Acting Chairwoman Flynn,, Acting Clerk Genatossi*0 Planners: Boldrighini, Annino and Fiore Planning Director Callinan 1. Meeting called to order at 7:30 P.M. 2. Motion: To have Planner Genatossio be Acting Clerk. (Annino - Boldrighini - All in favor) 3. Correspondence A copy of the Planning Board's Pending Business List, A copy of the Land Use Manager from the Executive Office of Communities and Development. A letter from Aldo Paglia, R & R Realty Trust, to Joseph D. Brugliera, Chairman of the -Mansfield Planning Board, requesting the release of the balance of the performance bond, less an amount to insure the patch of sidewalk which will be completed in the spring, for the "Granada Park" Subdivision, A copy of the Planning Board's Minutes for January 23, 19860 A copy of a -legal notice from the Town of North Attleboro Planning Board. A hearing will be held on Thursday, January 30, 1986, at 7:15 P.Me A copy of a draft for Special Permit Rules and Regulations in accordance with Section 9 of Chapter 40A M.G.L. A letter from Stuart W. Sweet, Acting Chairman of the Conservation Commission, to the Mansfield Planning Board regarding a Wetland Protection Act Hearing_ whichwas held on December -23, 1985, and January 27, 1-986-,.-for-,-a---proposled--,-,-- stump dump to be located approximately 60 feet from a wetland area. They -be- lieve that this may require a special permit because it is in the Water Supply Protection District. A notice from the Town of Mansfield Zoning Board of Appeals. A hearing will be held on Tuesday, February 18, 1986, on the application of GATRA. There is a note on the plan which stated that the Planning Board has already given their vote on this variance application, but that it had to be readvertised to include the locations of the signs. Planning Board's Minutes January 29, 1986 Page 2 k, 4. Minutes of January 23, 1986 Motion: To a4rove the Minutes of January 23, 1986, as amended. Ff (Genatossio --Annino - All in favor) Planner Genatossio stated that when the Board was discussing the contacting of the Soil Conservation Service to review subdivision plans which the Board has to act on, she wanted them to look at all subdivision plans not just those which the Board feels will have problems. She would like the minutes amended so it goes on record that she feels all subdivision plans should be reviewed by this service. This shall be amended. 5. Review the following subdivisions "Treetops" Preliminary Plan This preliminary subdivision plan consists of 55 lots located off of Ware Street and Branch Street and is partially within an industrial district and partially within an agricultural district. Michael Trowbridge presented the Board with a plan showing where the actual zone line exists.on this plan and stated that the applicants of this plan are going to try to get this 'rezoned to agricultural. He also stated that although there are wetlands on this property, the road is not proposed within these wetlands. Acting Clerk Genatossio read the comments from the various department heads regarding this subdivision plan, she also stated that there are a few items on the checklist which are not incorporated on the plan. Planner Annino stated that he would like to see the extent of the wetlands and the ponds on a larger scale. Mr. Trowbridge stated that he will have this drafted and present it to the Board; he also briefly explained the street drainage system to the Planning Board. He stated that they do not feel that they will need additional storage area for the drainage because the wetlands will be adequate to handle the drainage. He also stated that all of these lots will be serviced by the municipal sewer system and they have performed test holes on this parcel which will be 'made available to the Board. Mr. Trowbridge stated that the comments which were made from the Town Engineer are not usually incorporated on the preliminary plans. Planning Director Callinan stated that the Planning Board cannot en- dorse this subdivision plan because it is a violation of zoning due to the fact that a portion of this land is zoned industrial. He stated that although the Industrial Zoning Committee,is currently trying to rezone this land, the only thing that the Board can really do is to informally discuss how they would like the subdivision designed. Motion: To deny the preliminary subdivision plan for "Treetops" due to the fact that -this -does not conform to the Zoning Bylaw because a portion of this land is zoned industrial; and to also send all the various department head comments ­--and-all -the discussed tonight -to the- ,appli cants (Annino Boldrighini*--'-- All in favor) Planning Board's Minutes January 29, 1986 Page 3 "Bluejay Estates"Preliminary Plan Acting Clerk (4natoss3o read the comments from the various department heads and the checklist to the Board. The only item that is not incorporated -'on the plan is the back property lines of Lots 7 and 9. Michael Trowbridge stated that the engineer's comment regarding the request to see more of a balance between cut and fill; he stated that they are only making approxi- mately a 2 --2j foot cut and this will be all topsoil and subsoil, the overall amount of material to be removed is 3,611 cubic yards. Planner Boldrighini stated that this is a very small amount to be removed and he has no problems with it. Planning Director Callinan has no problems with this subdivision and stated that itisa relatively simple subdivision. Motion: To approve the preliminary subdivision for "Bluejay Estates" and to send all the various department head comments to the applicant in order that they can be addressed at the defini- tive stage. (Boldrighini - Genatossio - All in favor) "Forest Park" Preliminary Plan Acting Clerk Genatossio read the comments from the various department heads and the checklist to the Board. Planner Annino stated that since this is such a large subdivision, the Board should conduct a site walk on Saturday, February 1, 1986, at 8:30 A.M.; the Board will meet at the site. Edward Broderick, applicant, stated that he has eliminated the two (2) ponds that were originally proposed on this site; there will be a detention area with a control structure in the form of an outlet pipe and the flow will be equal to or less than what presently exists, a drainage study must be conducted in order to obtain all the details and once this is complete, he will submit it to the Board; a soil study has been conducted on this site and that report will be forthcoming to the Board; a traffic study will be -conducted once this plan reaches the definitive stage; and Mr. Broderick also stated that he is going to match the road to the contours of the site as'it presently exists so that the amount of disturbance to the site will be considerably lessened, he is also going to try to make the curves more gentle than the manner in which they are shown on this plan. Planner Annino stated that this site would be better used for a planned residential development because it would be more aesthetically-- pleasing and it would have less of an impact on the Wading River. Mr. Broderick stated that the open space lots which the Planning Director re- quired have been incorporated on this plan. Planning Director Callinan stated that there is a total of eight (8) lots or one (1) acre per 20 families (ex- cluding wetlands). Mr. Broderick stated that he will be bringing in approximately 100,000 to 200,000 yards of material to fill in a portion of this property that was once a gravel removal operation, but he will not be bringing in any additional material for the remaining portion of the site nor will any material be removed from the site, Joseph Zeneski stated that he is aware that none of the Planning Board members were at the Board of Selectmen's j-bint meeting last -week, but he thinks that the Board should be aware of the fact that the Selectmen are nego- tiating with the owners of this land for a new well site for the Town. Planning Director Callinan stated that this fact cannot really be considered while looking at this plan. Planner Boldrighini stated that although it cannot be considered, he will like the Board to write a letter to the Board of Selectmen to find out the entire situation. Planning Board's Minutes January 29, 1986 Page 4 6. Informal Discussion on Route 106 Subdivisions Michael Trowbridge, RIM Engineering, presented the Board with a map which depicted all the Subdivisionsthatwere drawn up by his company located in the Route 106 area. This layout showed all the various subdivisions con- necting, there is approximately 150 house lots altogether. He stated that the applicants were willing to do this, but he had a question as to what would happen if one applicant wanted to build his subdivision before the applicant of the subdivision connecting his wanted to build his subdivision. Planning Director Callinan stated that this could be accomplished by pro- viding easement to the abutting properties, he stated that Section IV. B. allows the Board to require these easements. He also stated that the total impact of laying out the subdivisions in this manner is much less than the impact of the subdivisions as they were originally proposed. Acting Clerk Genatossio asked what would happen if one of these subdivisions were denied. Planning Director Callinan replied that the approved subdivision which would be connected to the denied subdivision would have to be built with a temporary turn -around and an easement would have to be provided in the event that the denied subdivision were to be resubmitted and approved. Joseph Zeneski stated that the roadway layout would have to be deeded to the Town. Planning Director Callinan stated that he will check with Town Counsel on how to handle such a situation should it arise. Planner Annino asked if there was going to be acceleration and deceleration lanes as the Planning Board had discussed in the past, he also had a question as to the site distances. Planning Director Callinan stated that the site distances would have to have additional study and that the acceleration and deceleration lanes, he would have to speak t.o the Department of Public Works on this matter. Acting Clerk Genatossio stated that some of the sidewalks could be waived in these various subdivisions and that the money that the applicant saves from these waivers could be placed towards these lanes. Mr. Trowbridge stated that the appli- cants ppli-cants would be interested in that procedure. It was pointed out to the Board, however, that one of the subdivisions that is incorporated on this layout does have a roadway that is longer than the allowed 650 feet and this is because it would be connecting to "Eastleigh Estates'' which is not shown on the plan due to the fact that it is not one of RIM's subdivisions, Planning Director Callinan stated that he is going.to be speaking to the engineers of this plan and if they do not wish. to incorporate that subdivision along with these addi- tional subdivisions, the particular.subdivision in question would have to revert back to two entrances- Mr. Trowbridge stated that he would like some feedback from the Board and that they are trying to incorporate one acceptable roadway layout for this area. The Board will review this and get back to him with their comments. 7. Discussion on Cluster Development Planning Director Callinan stated that the reason for this -discussion -=is - basically for the --Board to provide Edward Broderick, applicant, with feedback on his proposal. Mr. Broderick stated that -they have made some amendments to the proposal originally submitted to the Board, these amendments were based on the Board's comments on the draft. Peter Wells stated that he has met with the Planning Director briefly to discuss these changes; he also stated that there still is a question as to where to incorporate this provision in the Rules and Regulations. Peter Wells highlighted the changes which have been Planning Board's Minutes January 29, 1986 Page 5 The Board had a concern regarding the open made from the original proposal. space requirement incorporated in this provision and felt that it should be open space al -4 no buildings, recreational or otherwise, or paved areas should be allowed within these areas. Mr. Wells stated that they will try to rewrite that portion of the provision in order to clarify it further. Mr. Wells also stated that they have provided a requirement for the number of bedrooms which are to be allowed per square foot within the Water Protection District - this requirement is to be one (1) bedroom for every 15,000 square feet. The Board felt that this was a good requirement, however, there still remains a problem with enforcing this requirement. Planner Annino stated that he would like to see the frontage requirement raised from 100 feet to 200 feet because he feels this is necessary for access to these developments and it would also give the Board more control over these types of developments* He also stated that there should be a provision in this proposal *which states that a stamp from a regist- ered architect and a landscape architect be required on these plans, this is to insure that these plans are drawn up properly. He also believes that a phasing schedule provision should be required in order to inform the Board of the amount of work the developer intends to do in one year, this will give the Town more information on the services that will be needed as the project progresses. He stated that he believes that a six (6) out of seven (7) vote requirement be incorporated in the provision rather than just a simple majority vote. Planning Director Callinan pointed.out to the Board that State Law explicitly states that a two-thirds 2/3 vote is needed in the case of a Special Permit, which is the procedure that these planned residential developments would follow. Planner Annino also stated that the provision should have a restriction which states that the ownership of this land cannot be transferred until such time as the development is completed and that a time limit should be placed in this pro- vision. Mr. Wells stated that a time limit has been set for two years and that it is also stated in the proposal. Planners Fiore and Boldrighini felt that the 100 foot frontage requirement being proposed was adequate, but Planner Annino felt that the requirement should at least be the same as the zone that this planner residential development is being proposed in, which would make it 120 feet. Mr. Wells stated that they have no problems with that requirement. Acting Clerk Genatossio, stated that this proposal provides for two cars for each dwelling and she would like to know what parking will be provided for visitors; she feels that more parking should be required. She also stated that a provision for a buffer between the parking area and the building should be provided. She stated that she feels, it would be detrimental to the Town to allow these types of developments within all agricultural areas of the Town and that it should not be allowed without the Town having a Master Plan. Acting Chairman Flynn felt that this should also not be allowed without a Master Plan and that if it was to be- allowed, it should be limited to this particular pro- ject which will be used as a pilot project. She stated that if this type of development is to be built, she would like to see it -sewered, built on -the better soils in Town, she does not want to see the attached dwellings. Acting --to--know what the limit Is,--for­the -- Board. to _---,C1erk-,-Genatossio would like I review the preliminary plan for this development. Peter Wells stated that no time limit is given, it is, more or less at the Board's discretion. The Board felt that a definite time -limit should be given in order to avoid any com- plications in the future. Mr. Wells stated that there is a bond required for these types of developments. Planning Director Callinan presented the Board with a draft for Special Permit Rules and Regulations for Planned Residential Developments which they may want to review and amend, the Board should then vote on incorporating this into their regulations so they will have further con- trol over these types of developments. Acting Chairwoman Flynn stated that the Planning Board's Minutes January 29,-1986 Page 6 Board will review these rules and regulations, but would also like the Planning Director to draft rules and regulations to be used when reviewing any special permit appliccat-kions. Mr. Wells and Mr. Broderick thanked the Board for their that if the Board has any further questions--- they should contact time and state I them immediately. Mr. Wells also stated that he will take into consideration the comments which were made tonight and, perhaps, amend this proposal even further. 8. Additional Correspondence Received The Planning Board reviewed the proposed amendment to the Zoning Bylaw, Section Is E., "Lot Coverage: The space within a lot occupied by buildings, accessory buildings, parking areas, loading facilities and other paved areas." The Board agreed to placing this article on the Town Meeting warrant. The Planning Board reviewed the proposed amendment to the Zoning Bylaw, Section III. K. (The Water Protection District) which was drafted by Planning Director Callinan. The Board felt that the article should be submitted for the Town Meeting Warrant as it was written by Karen M. Galanti originally with the ex- ception of a stipulation being placed in the proposal which states that "Lots which are currently served as of January 29, 1986, by the municipal sewer system do not have to conform to the 60,000 square foot lots." Planning Director Callinan stated that he will rewrite this article. The Planning Board received a request from Joseph M. Zeneski requesting that the Board sponsor an article at the Annual Town Meeting to amend the Zoning Bylaw by adding to Section IV. Intensity Regulations, the following "C. Screenings and Buffers". This provision would increase the buffer between industrial and residential property to 200 feet. Planners Boldrighini and Fiore felt that a buffer of 200 feet was to large a buffer to be requiring and felt that 100 feet of densely planted shrubbery would prove to be adequate. Acting Clerk Genatossio argued that the Board should start with a 200 foot requirement for buffers and they can always amend the article lower; if they start with a 100 foot buffer, they cannot amend higher. Motion: To sponsor this article at the Annual Town Meeting as it has been presented to the Board, (Genatossio Annino - Flynn) (Boldrighini Fiore opposed to this motion) Hidden Estates Subdivision The Planning Board received a memorandum from the Engineering Department which .calculated the total amount of the recommended performance bond for the "Hidden Estates" Subdivision. The total amount is $208,013.54. Motion: To approve the recommended performance bond for the "Hidden Estates" Subdivision in the amount of $208,013,54. (Fiore --.-,Annino-,,- All., - in favor) Granada Park Subdivision The P , lanning Board received a letter from R & R Realty Trust requesting a release of- the balance of the performance bond, less an amount to insure the patch of side- walk which will be completed in the spring. Planning Director Callinan stated that this amount will be calculated for the Planning Board's next meeting, Planning -Board's Minutes January '�9, 1986 Page 7 Riverside Drive Extension The Planninoi!)Roard received a memorandum from the Planning Director stating that inspections have been conducted by the Town Engineering Department and he recommends that $2,200.00 be released from the performance bond. Motion: To approve the recommended release of $2,200.00 from the performance bond for the "Riverside Drive Extension" Sub- division. (Fiore - Annino - All in favor) 9. Around the Table Acting Chairwoman Flynn asked if the Board had received anything from the Building Inspector regarding the building in the Cabot, Cabot & Forbes In - i dustrial Park which has the parking n the residential zone. Planning Director Callinan stated that he has spoken with the Building Inspector and he has in- formed him that the parking was not allowed within the residential zone. 10. Public Discussion Joseph Zeneski stated that there was an article placed in the Sun Chronicle on January 28, 1986, regarding the Town of Norton's problems with the planned residential developments which they have a provision for in that town and Mr. Zeneski feels that before the Town of Mansfield approves such a provision, they should speak with the officials in the Town of Norton to obtain their opinion on how well this type of development is working. He also stated that he feels if the Town is going to accept a provision such as this, the Planning Board should be the one who is writing the article, not the applicant as it is in this case. Planner Boldrighini stated that the Town is benefitting by having Mr. Broderick researchthisarticle and conduct all the work and if the Town is not satisfied with the way the article is written, they do not have to approve it. Planner Fiore had the same reasoning. 11. Around the Table Planning Director Callinan stated that next week, the Planning Board should address both the "Maplewood Estates Phase IV definitive plan and the "Robyn Estates" definitive plan because the time limit will soon be expiring. He also stated that the Board should review their amendments to the Subdivision Rules and Regulations. The Board decided to have this item placed first on the agenda at the next meeting. 12. Date of Next Meeting is Wednesday, February 3, 1986, at 7:30 P.M. 13. Meeting adjourned at 11:15 P.M. CLERt DATE