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HomeMy WebLinkAboutPlanning 07/15/1986PLANNING BOARD'S MINUTES JULY 16, 1986 Present: Chairperson Flynn, Clerk Quinn Planners: Boldrighini, Genatossio, Lantz, Madan Planning Director Callinan 1. Meeting called to order at 7:35 P.M. 2. Clerk's Report Correspondence Copy of letter to Selectmen from Richard Lantz regarding his resignation from the Planning Board, Memo from Selectmen's Secretary regarding joint meeting with Planning Board scheduled for July 30, 1986. Memo to Richard Callinan from Police Chief Jesse Earls regarding "Treetops" subdivision. Memo to Richard Callinan from Police Chief Jesse Earls regarding "Eastbrook Estates" subdivision. Copies of letters to Karl D. Clemmey, Norman & Catherine Gray from Bertram M. Cook regarding use of property at South Main Street for parking lots for patrons of the Great Woods Performing Arts Center being a violation of Zoning By -Law. Copy of letter from Police Chief Jesse Earls regarding "Satellite Parking" on South Main Street, Copy of letter to Douglas A. King Builders, Inc. from Richard Callinan regarding "Canoe River Acres". Copy of letter from Douglas A. King Builders, Inc. to Richard Callinan regarding "Canoe River Acres". Letter to Richard Callinan from the Walmark Corporation regarding bond for Van Koert Farms, Copy of letter to Mansfield Cooperative Bank regarding release of funds for "Highland Avenue". Bill from Massachusetts Federation of Planning Boards for membership dues. Minutes of June 4, 1986 Motion: To approve minutes of June 4, 1986 amending last page to read "Meeting adjourned at 11:10 P.M. (Boldrighini - Madan) All in favor. PASSES. -1- Planning Board's Minutes July 16, 1986 Page -2- At this time, Clerk Quinn read a request from Mr. Michael Stanton of Neponset Associates requesting a letter from the Planning Board listing the reasons for denial of the "Witch Pond Estates II" preliminary plan. A response was dictated to Mr. Stanton at this time. Planning Director Callinan discussed the Massachusetts Federation of Planning Boards and the fact that he feels EOCD offers more insight. Therefore, Planning Director Callinan recommended that the Planning Board not renew its membership with the Massachusetts Federation of Planning Boards. Motion: Not to submit payment for the Massachusetts Federation of Planning Boards membership dues. (Boldrighini - Madan) All in favor. PASSES The Planning Board discussed the request for the bond for remaining work at "Van Koert Farms" requested by the Walmark Corporation. Motion: To approve Release of Covenant for "Van Koert Farms". (Madan - Quinn) All in favor. PASSES. Motion: To approve bond for remaining work at "Van Koert Farms". (Madan - Quinn) All in favor. PASSES. Letter from Pasco Construction Company requesting partial release of funds for "Mansfield Manor". Town Engineer recommends release of $765718.000 Motion: To release $76,718.00 for "Mansfield Manor". (Genatossio - Madan) All in favor. PASSES. A discussion was held at this time regarding completion of road work at "Golden Hills" subdivision. 2. 8:00 P.M. - Public Hearing "Treetops" Definitive Subdivision Chairperson Flynn opened Public Hearing on "Treetops" at 8:00 P.M. ' At 9:15 P.M. this public hearing was continued until Wednesday, August 13, 19860 The following people spoke at this public hearing: Mr. Garen Bresnick, Attorney for Applicant. Mr. Ralph Maloon, RIM Engineering. Mr. Richard Steele, 408 Branch Street, Mansfield. Nancy LeClair, 298 Ware Street, Mansfield. Allen Willis, Ware Street, Mansfield, Planning Board's Minutes July 16, 1986 Page -3- Mr. John Walsh, Applicant. "Eastbrook 3. 9:20 P.M. Public Hearing Eastbrook Estates" Chairperson Flynn opened the Public Hearing for "Eastbrook Estates" at 9:20 P.M. At 10:10 P.M. this public hearing was continued until Wednesday, September 10, 19860 The following people spoke at this public hearing: Mr. James Dunn, Dunn Engineering. Mr. Van Hayhow, Attorney for applicant. Mr. Robert Foley, 1276 East Street, Mansfield. Mr. Frank A. Tibaldi, Traffic Engineer. Mr. James Vadala, applicant. Mr. Christopher Curvin, 1236 East Street, Mansfield. Mr. Frank Ings, East Street, Mansfield. 4. 10:15 P.M. -"Chambers Court" Mr. Thomas White, representing Patsy Cavalieri & Sons, came before the Planning Board relative to compliance with subdivision regulations in regard to road construction and other improvements. It was brought to the Board's attention that certain improvements within the development may not have been made in accordance with subdivision rules and regulations. Clerk Quinn read a letter from Richard J. Callinan to Steven Wright of Harrington & Matto Co., Inc. dated July 10, 1986 and memo from Joseph J. Campo, Town Engineer dated July 1, 1986. Al Andrews, Construction Engineer for the Town of Mansfield, was also present for this discussion. There is a bond being held for this road, none of which has as yet been released. Mr. White stated this amount is $116,825.94. Planning Director Callinan suggested that the applicant and his contractors correct the deficiencies as outlined by the Planning Board no later than August 20, 1986, such as the base course, curbing - take it out and start over. Failure to do so, the Board would vote to assume the bond and put out to bid. Specific improvements to be made are: replacement of base course; reinstallation of the sloped granite curbing; catch basins have to be put in a location as shown on the approved subdivision plan; written request for inspection must go to the Planning Director, without which no inspections will be conducted; the fire hydrant must be relocated. Motion: Motion to assume the road bond for "Chambers Court" if all improvements are not.made by August 20, 1986. (Quinn - Madan) All in favor. PASSES. 5. 10:45 - Continuation of Public Hearing "Fieldbrook Estates Chairperson Flynn continued the public hearing for "Fieldbrook Estates" at 10:45 P.M. This public hearing was closed at 11:05 P.M. Copy of the transcript is available at the Planning Department office. -3- Planning Board's Minutes July 16, 1986 Page -4- The following people spoke at this public hearing: Mr. Louis Andrews, applicant. Mr. Allen Willis, Chairman, Airport Commission. Mr. Arnold Stymest, Director of the Massachusetts Aeronautics Commission. The following motions were made at this public hearing: Motion: To approve the subdivision with the stipulation that there be an easement shown around the pond, a hydrant be placed at the end of the cul-de-sac, three monuments per lot. (At this time, there was a lengthy discussion of reasons to approve or disapprove the subdivision.) Motion: To move the question. (Madan - Boldrighini) All in favor. PASSES. Original motion. (Genatossio - Flynn). Planners Madan, Lantz, Boldrighini opposed. FAILS. Motion: To deny the subdivision "Fieldbrook Estates" for the following reasons: 1. M.G.L. Chapter 41, Section 81M relating to public safety concerns. 2. Page 1, Mansfield Subdivision Regulations - purpose to protect public safety. 3. FAA regulations and agreements entered into by the Town of Mansfield. 4. Commonwealth of Massachusetts Aeronautics Commission regulation and agreements entered into by Town of Mansfield. 5. Recent opinion by Town Counsel citing Common Law precedents supporting Planning Board's right to deny/ approve based on public safety concerns. . (Boldrighini - Madan) Lantz. Chairperson Flynn and Planner Genatossio opposed. PASSES. 6. 11:10 P.M. - "Mansfield Manor" Mr. Angelo Pasqualino, President of Pasco Construction Corp., came before the Planning Board to request permission to put down a base coat of asphalt between Fruit Street and Lot #32 of Danielle Lane (approximately 600' of road. Mr. Pasqualino, has five people residing on Danielle Lane and would like to give these people some type of road. Al Andrews has stated that damage would be done to this road if binder was put down now. Upper limits of the drainage system on Danielle Lane has not been connected. Mr. Andrews did an investigation of this road and noted that improvements requested by the Conservation Commission had not been done. Mr. Andrews feels that placing pavement at Danielle Lane would create a stress point where the paving ends and would remain there for the lifetime of the road. Mr. Andrews stated that paving to the intersection of Angelina and Danielle would be more advisable. The Town Engineer's feelings are that if this cannot be done, and -4- Planning Board's Minutes July 16, 1986 Page -5- will be an inconvenience to the homeowners, the developer should be allowed to put down a temporary binder, at the developer's expense, and the binder will be removed - no matter what kind of condition the binder is in - at the time of final paving, Mr. Pasqualino stated that the drainage is in and that he is now waiting for an inspection by Mr. Andrews. Mr. Andrews stated that the developer and the site contractor have been repeatedly told of the procedures for inspections and have not followed these procedures. The Board held a discussion regarding stress points on roadways with Mr. Pasqualino and Mr. Andrews. Motion: To allow Pasco Construction to put in 600' of binder. (Boldrighini-Lantz) Planners Madan, Genatossio, Quinn and Flynn opposed. FAILS. Motion:. The devloper is responsible for paving "Mansfield Manor Estates" Danielle Lane to the intersection of Angelina and all utilities, including sewerage be in to that intersection and have the base coat installed according to recommendations by Al Andrews, before Winter. (Genatossio - Madan) Flynn. Planners Quinn, Lantz and Boldrighini abstain. FAILS. 7. Around the Table Planner Madan stated that several people have approached him regarding placement of a sign on the Town Parking Lot at Old Colony Way. People have been complaining that cars have been parking at the Grain Mill and it is a public parking lot. Motion: To speak to the Department of Public Works about placing a sign at the parking lot on Old Colony Way stating that it is a public parking lot. (Madan-Genatossio) All in favor. PASSES. Planner Genatossio stated that she is sorry to hear that Planner Lantz will be resigning from the Board and that he has been a delight to the Board for the duration of his time with the Board. Motion: To send a letter to the Board of Selectmen telling them that under Chapter 41, Section 81A, there is a procedure to follow for appointments to the Planning Board, that it must be advertised in the newspaper as a notification that there is a vacancy on the Planning Board and they cannot choose from an available list. (Genatossio-Madan) All in favor. PASSES. Al Andrews asked if he could come to future Planning Board meetings and the Board encouraged his request. Planner Genatossio would like letters sent to developers to submit their As -Built plans to the Planning Board. -5- Planning Board's Minutes July 16, 1986 Page -6- 8. Meeting adjourned at 11:55 P.M. 00 CLER DATE