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HomeMy WebLinkAboutPlanning 10/30/1985PLANNING BOARD'S AGENDA OCTOBER 30, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of October 23, 1985 3. Release of Covenant/Acceptance of Roadway Bond - "Mansfield Manor Estates" 4. Review "Westview Woods" subdivision plan off West Street 5. Review "Hallett Crossing" definitive subdivision off Fruit Street 6. Review "Massapoag Estates" preliminary subdivision plan off Maple Street 7. Review "Fox Street" resubmission of a denied definitive plan 8. Discuss status of Cabot Pond restoration project 9. Discuss "Canoe River Estates" roadway improvement 10. Review "Form A" plans 11. Around the Table 12. Public Discussion 13. Date of Next Meeting 14. Adjournment PENDING BUSINESS Subdivisions (deadline on Planning Board decisions) o "Hallett Crossing" - definitive plan off Fruit Street - November 6, 1985 All members present at the public hearing o "Indian Estates" - preliminary plan - 174 lots off Route 106 - November 24, 1985 o "Pine Terrace Estates V" - preliminary plan - 58 lots off Branch Street - November 24, 1985 o "Sturbridge Estates" - preliminary plan - 25 lots off Route 106 - November 24,1985 o "Massapoag-.Estates" - preliminary plan off Maple Street - December 6, 1985 o Plan of LandtoSubdivide 2 lots off Mill Street - definitive - December 8, 1985 o "Balcom Ridge Estates I and II" - preliminary plan - 8 lots off Balcom Street - December 8, 1985 o "Jason Lane" - preliminary plan - 8 lots off East Street - December 10, 1985 o "Hallett Crossing II" preliminary plan - 34 lots off Fruit Street - December 11, 1985 o "Shiloh Estates" preliminary plan - 12 lots off Essex Street - December 18, 1985 Other o Investigation of "Scenic Roads" - Maple Street PLANNING BOARD'S MINUTES OCTOBER 30, 1985 Present: Chairman Brugliera, Clerk Doucette Planners: Genatossio*, Fiore, Bachman and Boldrighini Planning Director Richard Callinan 1. Meeting called to order at 7:30 P.M. 2. Correspondence *Planner Genatossio entered during correspondence. A letter from the R. S. Means Company, Inc. stating that the Means Site Work Cost Data 1986 is available for sale at the price of $41.95. - Motion: To purchase the 1986 Means Site Work Cost Data. (Genatossio - Doucette - All in favor) A memorandum from Dick D'Onofrio, Chairman of the Board of Selectmen, to Joseph Brugliera, Chairman of the Mansfield Planning Board, stating that the Board of Selectmen would like to see the number of hours correlated to the listed items and also the rate per hour charge for the Gellerman and Cashman bill on the sub- ject of Foxboro Terminals. Upon receipt of this information, the Selectmen will make a decision on the bill. The Planning Board felt that this was not necessary due to the fact that they felt this bill was reasonable and justified. In the future, however, they will obtain a detailed breakdown of all bills. Motion: To send a letter to the Board of Selectmen stating that the Planning Board does not feel thatan hourly breakdown and the rate per hour charge which they are requesting is necessary at this time because the Board feels that this bill is justi- fied. However, in the future, the Planning Board will obtain a detailed breakdown for all bills. (Fiore - Doucette - All in favor) A letter from Joseph S. Mannarino, Planning Consultant, to Joseph D. Brugliera, Chairman of the Mansfield Planning Board, regarding the final invoice for his planning consultation. The total is 16 hours. Motion: To pay Joseph S. Mannarino, Planning Consultant, for his planning consultation hours; total is 16 hours. (Fiore - Doucette - All in favor) Planning Board's Minutes October 30, 1985 Page 2 A letter from Michael A. Trowbridge, RIM Engineering, respectively requesting a waiver for a reduction in pavement from 30 feet to 28 feet on behalf of the Bonwood Company for the "Austin Farms" subdivision. Motion: To deny the request for a reduction from 30 feet to 28 feet for the roadway pavement for the "Austin Farms" subdivision. (Genatossio - Bachman - All in favor) A copy of a letter from John P. Dwyer, Town Counsel, to Mr. Rande J. Wilson, Town Manager, regarding Cabot Pond Restoration Project and the Planning Board's intention to call the performance bond. A letter from E. Lionel Pavlo Engineering Company, Inc. to Mr. Rande Wilson, Town Manager, regarding "Westview Woods" Subdivision and the compliance of this plan to the "Agreement for Judgement" filed in the Bristol Superior Court. A memorandum from Joseph Mannarino, Planning Consultant, to the Planning Board regarding "Westview Woods" subdivision and the compliance of this plan to the "Agreement for Judgement" filed in the Bristol Superior Court. A letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Richard D'Onofrio, Chairman of the Board of Selectmen, requesting an explanation of a discrepancy in the roadway cut for "Westview Woods" Subdivision. A letter from The Folkman Company, Inc to the Mansfield Planning Board regarding the release of funds for improvements made to Shannon Lane, Eastland Estates. A copy of the Board's letter to Judith F. Scott, Town Clerk, regarding the deci- sion on "Bird Hill Estates" preliminary subdivision plan. A copy of the Board's letter to Judith F. Scott, Town Clerk, regarding the deci- sion on "Balcom Ridge Estates" preliminary subdivision plan. A copy of the Board's letter to Judith. F. Scott, Town Clerk, regarding the deci- sion on "Wood Park" preliminary subdivision plan. A copy of the Board's letter to Judith F. Scott, Town Clerk, regarding the deci- sion on "Pleasant Valley" preliminary subdivision plan. A copy of the Board's letter to Judith F. Scott, Town Clerk, regarding the deci- sion on "Jason Lane" preliminary subdivision plan. A copy of the Board's letter to Judith F. Scott, Town Clerk, regarding the deci- sion on "Autumn Acres" preliminary subdivision plan. A copy of the Board's letter to Judith F. Scott, Town Clerk, regarding the deci- sion on "Plantation Estates" preliminary subdivision plan. A copy of the Planning Board's pending business list. A copy of the Planning Board's Agenda for October 30, 1985. A copy of the suit that has been filed for Foxboro Terminals, Inc. vs. the Mans- field Planning Board. Planning Board's Minutes October 30, 1985 Page 3 A copy of a legalnotice from the Town of Sharon Board of Appeals. A hearing will be held on November 7, 1985, at 8:00 P.M. A copy of a .legal notice from the Town of Sharon Board of Appeals. A hearing will be held on November 7, 1985, at 7:30 P.M. A copy of a legal notice from the Town of Sharon Board of Appeals. A hearing will be held on November 14, 1985, at 7:30 P.M. A copy of a legal notice of hearing from the City of Attleboro Planning Board. A hearing will be held on November 4, 1985, at 8:00 P.M. A copy of the Mansfield Conservation Commission Minutes for Monday, September 3, 1985. A copy of the Mansfield Conservation Commission Minutes for Monday, September 16, 1985. A copy of the Mansfield Conservation Commission Minutes for Monday, September 9, 1985. A copy of a legal notice from the Town of Mansfield Zoning Board of Appeals. A hearing will be held on November 19, 1985, at 7:45 P.M. on the request of Joseph R. Vicino for an appeal from the decision of the Inspector of Buildings. A copy of a legal notice from the Town of Mansfield Zoning Board of Appeals. A hearing will be held on November 19, 1985, at 8:15 P.M. on the request of Charles E. Mueller for a variance for a lot on Mill Street. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Runde J. Wilson, Town Manager, regarding the bond estimate for "Golden Hill Homes". A notice of hearing from the Mansfield Conservation Commission. A hearing will be held on November 4, 1985, at 8:00 P.M. A notice of hearing from the Mansfield Conservation Commission. A hearing will be held on November 4, 1985, at 8:30 P.M. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Richard D'Onofrio, Chairman of the Board of Selectmen, stating that Planner Albert Boldrighini has been appointed to be the Chairman of the Industrial Zoning Committee. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Bertram M. Cook, Inspector of Buildings, regarding the Board's re- commendation on the site plan for a proposed apartment building on Park Street. A copy of the Board's letter to Judith P. Scott, Town Clerk, regarding the deci- sion on "Forest Park" preliminary subdivision plan. A report from the Executive Office of Communities and Development entitled, "Constructive Grant - Who's on First". Planning Board's Minutes October 31, 1985 Page 4 3. Review "Westview Woods" subdivision plan off West Stree Clerk Doucette read the correspondence pertaining to this subdivision plan. Edward Broderick, applicant, informed the Board of all the revisions which were made on this plan which include the last leaching catch basin to be re- moved as stated in the "Agreement for Judgement"; he also pointed out the locations of all the street lights. The Board felt that there should be an additional street light placed in this subdivision at the end of the cul-de- dac. Chairman Brugliera stated that there is still a discrepancy with the cut of the roadway and that, according to the comments received by the Con- sulting Engineer and the Planning Consultant, there is no mention of this cut in the "Agreement for Judgement". Planner Genatossio stated that Town Counsel was the one who informed the Board that the roadway cut was to be four (4) feet and they would like an explanation on this matter from Town Counsel before signing the plan and, therefore, she feels that the Board should wait for this explanation. Motion: To sign the plan for "Westview Woods" subdivision. (Boldrighini - Doucette - TABLED until 9:00 Y.M.) Chairman Brugliera stated that Jack Dwyer, Town Counsel, is supposed to be attending this meeting tonight. Planner Genatossio stated that she would like to wait until he comes into the meeting before voting on this motion and, therefore, Planner Boldrighini tabled the motion until 9:00 P.M. 4. Review "Hallett Crossing" - definitive subdivision off Fruit Street The Planning Board received a letter from The Walmark Corporation, applicant, requesting a waiver of the Subdivision Regulations in regard to the width of j the road from 30 feet to a 25 foot width and a waiver in order to use Cape Cod Berms. Walter Mallett of The Walmark Corporation stated that Fruit Street is only 24 feet wide and they would like to tie this road into it; they also feel that a 30 foot wide road is not necessary since this is only a 420 foot road and it will only be servicing five (5) house lots. Motion: To grant the waiver for the width of road to be reduced from 30 feet to 25 feet wide on the "Hallett Crossing" definitive subdivision plan. (Genatossio - Doucette - Boldrighini) (Fiore and Bachman opposed to this motion) (Brugliera abstained from voting on this motion) PASSES - Planner Genatossio stated that Cape Cod Berms should not be used in this sub- division because the Regulations call for sloped granite. Mr. Mallett stated that he believes Cape Cod Berms would be adequate because Fruit Street has no curbing at all and it would look better, but if the Board doesn't allow it, he has no problem with putting sloped granite in the subdivision. Clerk Doucette stated that he does not see the need for using sloped granite in this subdivi- sion because of the fact that Fruit Street does not have any curbing at all; he '.. believes the applicant should be allowed to use Cape Cod Berms. Motion: Not to grant the request for a waiver of the Subdivision Regulations to allow the applicant to use Cape Cod Berms in the "Hallett Crossing" definitive subdivision. (Genatossio - Bachman - Boldrighini - Fiore) (Clerk Doucette was opposed to this motion.) (Chairman Brugliera abstained from voting on this motion.) PASSES Planning Board's Minutes October 30, 1985 Page 6 Planner Genatossio had a question as to whether an easement would be needed for the drainage of this subdivision because it is going to be flowing onto an abutter's property. James Dunn, Engineer, stated that he doesn't believe an easement is needed because they have enlarged the drainage area so that no additional drainage will be flowing on to the abutter's property than what exists now; the drainage area has been enlarged to 15,000 cubic feet. Planner Genatossio stated that she believes this must be proved to the Board and it would have to be reviewed by an engineer; she also stated that she believes this must be done because what happens in the future if the abutter gets drain- age on his property and comes to the Mansfield Planning Board with a complaint. Richard Callinan, Planning Director, stated that these people were notified of the date of the public hearing and had the opportunity to voice their concerns and they will also have the opportunity to appeal the Board's decision if the plan is approved. Mr. Dunn stated that they have based their calculations on the 100 -year flood and that the drainage is going to be following the same water course, but there will be some increase due to the paving and that is why the drainage area has been enlarged. Planner Boldrighini stated that he does not see the need for an easement if the drainage area has been enlarged and the same water course is going to be followed. All the other comments from the depart- ment heads have been met. Motion: To approve the plans for "Hallett Crossing" definitive subdivision located off Fruit Street, submitted by The Walmark Corporation. (Boldrighini - Fiore - All in favor) Walter Millette stated that they have spoken with the Building Inspector about receiving a surplus material removal permit for "VanKoert Farms" and the Building Inspector informed him that he must first obtain Planning Board approval. This material is to be removed from the roadway only and he would like the Board's recommendation on this matter. The Board informed Mr. Millette that he must re- quest this in writing in order for the Board to make a recommendation to the Building Inspector. The Board stated that they would also like the total amount to be removed, the reason it is being removed and the fact that it will just be removed from the roadway stated in this letter. 5. Review "Massapoag Estates" preliminary subdivision plan off Maple Street Planner Genatossio stated that since "Massapoag Estates" is such a large subdivi- sion, the Board should look into requiring that one acre out of every 20 acres in the subdivision be left vacant for a park area, this is stated in the Subdivision Regulations that the Board has the right to require it. This land would be left untouched for three (3) years and the Town would have the option of purchasing this land within that three (3) year period. Planner Boldrighini stated that he doesn't see any reason for requiring it; he stated that it would be reasonable if the developer was informed of this when the Board first reviewed the plan and also if the Town was going to maintain it, but he doesn't feel that anything will be gained by requiring it at this time. Chairman Brugliera stated that he doesn't feel it is necessary because a subdivision of this size is not going to be built in less than four or five years and the developer can then develop the land that was left open. Planning Board's Minutes October 20, 1985 Page 6 6. Review "Fox Street" resubmission of a denied definitive plan Ted Iddings, applicant, submitted his plans to the Board which were previously denied on the "Fox Street" subdivision. Cliff Holmar, Engineer, stated that the main issue for the denial was because of the lack of drainage; he has since spoken to the DPW Director about the drainage and has met what he requires. The Board informed Mr. Holmar that this plan will have to be reviewed by another engineer because the DPW Director which he has spoken to is no longer in the Town's employ. Planner Genatossio stated that these plans should be officially received by the Town Clerk; after they are received by the Town Clerk, the Board will request department head comments and then the Board will review these plans. 7. Release of Covenant/Acceptance of Roadway Bond - "Mansfield Manor Estates" The Board received a letter from the Attleborough Savings Bank regarding the "Mansfield Manor Estates" Subdivision stating that the Attleborough Savings Bank is holding $551,206.44 in a construction loan account for the completion of "Mansfield Manor Estates". A release form was also submitted to the Planning Board for this subdivision. Everything seemed to be in order. Motion: To approve the performance guarantee which is being held by the Attleborough Savings Bank in the amount of $551,206.44 for the completion of "Mansfield Manor Estates" Subdivision and also to release the covenant which is being held on this subdivision. (Fiore - Boldrighini - All in favor) 8. Discuss status of Cabot Pond restoration project Chairman Brugliera stated that the Town still holds $30,000.00 in a pass book to guarantee completion of the Cabot Pond Restoration Project. The deadline for the completion was October 15, 1985, and the project has still not been com- pleted. He stated that the Board has sent the applicants of this project several letters requesting a work schedule for this project and has received no response at all. Motion: To inform Town Counsel that he should start proceedings to call the performance bond for the "Cabot Pond Restoration Project" and to also inform the applicants that the Board is calling the bond due to the fact that they have not completed the project or responded to the Board in any way; the dates of all Planning Board letters shall be stated in these letters. (Fiore - Doucette - All in favor) Motion: To also send a letter to the Town Manager stating that the Planning Board is in the process of calling the performance bond for the "Cabot Pond Restoration Project" and it is the Town's obligation to complete the pond as far as the money allows; the Town is holding $30,000.00 for this project and the Town Manager should have an engineer meet with the Board to discuss this project. (Doucette - Fiore - All in favor) 9. Discuss "Canoe River Estates" roadway improvement The Board received a letter from Michael B. Laughlin, Vice President of Douglas King Builders, Inc., stating that he has spoken to Rande Wilson, Town Manager, and was informed that a list of the shortcomings for the "Canoe River Estates" Planning Board's Minutes October 30, 1985 Page 7 Subdivision would be sent to Douglas King Builders. Once this list is received, it will be reviewed and arrangements will be made for the work. Motion: To send a letter to Michael. Loughlin, Vice President for Douglas King Builders, Inc. outlining the problems at the "Canoe River Estates" Subdivision and to also send a .letter to Rande Wilson, Town Manager, stating that the Planning Board is now handling this matter. (Fiore - Bachman - All in favor) Planner Genatossio stated that the Planning Board should put a time limit on this decision so that the Board can make sure that it is done before the winter. Motion: To add a deadline of 30 days which Douglas King Builders, Inc. has to complete this work. (Fiore - Genatossio - All in favor) 10. "Form A" plans M. R. Keefe, Inc. - West Stree The applicant of this "Form A" plan is Michael Keefe. This "Form A" plan con - sits of property located at 252 and 258 West Street, opposite Alden Street. The reason this plan does not constitute a subdivision is because Lot 1 has frontage on Route 140 and West Street and sufficient land area for Agricultural Zoning. Lots 2 and 3 have frontage on West Street and sufficient land area for Residence A. The checklist is complete with the exception of Item 3 - Dimensional Require- ments. Planning Consultant Joseph Mannarino noted that Lotl has only 35.55 feet of frontage. A note shold be placed on the plan that this lot has insufficient frontage for a building lot in the Agricultural or Residence A Districts. Motion: To approve the "Form A" plan for Michael Keefe for West Street subject to,a note being placed on the plan which states that "Lot 1 has insufficient frontage for a building lot in the Agricultural or Residence A District." (Fiore - Doucette - All in favor) Thomas J. Coughlin - East Street The applicant of this "Form A" plan is Thomas J'. Coughlin. This "Form A" plan consists of a parcel of land on the westerly side of East Street bounded nor- therly by Pine Wood Estates Realty Trust, easterly by East Street, southerly by Kirby and King and westerly by the Canoe River. The reason this plan does not constitute a subdivision is because Parcel C has sufficient area and front- age. Parcels B and A to be conveyed to abutting ownership. The checklist is complete. Motion: To sign the "Form A" plan for Thomas J. Coughlin for East Street. (Doucette - Boldrighini - All in favor) Mansfield Realtv Trust - Oakland S The applicant of this "Form A" plan is John F. Tighe, Sr., Trustee of Mansfield Realty Trust. This "Form A" plan consists of Lot 3 Oakland Street as shown on a plan No. 19604A in the Land Court of the Bristol Northern Registry District. The reason this plan does not constitute a subdivision is because the existing lot has sufficient width of frontage, 50 feet, on Oakland Street, a public way under the Zoning Bylaw and there is no change in lot lines, or division into two or more lots. The checklist is complete. Motion: To approve the "Form A" plan for Mansfield Realty Trust on Oakland Street. (Doucette - Boldrighini - All in favor) 1 11 Planning Board's Minutes October 30, 1985 Page 8 Martha M. Flint Et Al - Essex Street The applicant of this "Form A" plan is Martha M. Flint et al. This "Form A" plan consists of a parcel of land on the southerly side of Essex Street bounded northerly by Essex Street, easterly by Mill Street, southerly by Martha Flint et al and westerly by John Riecio. The reason this plan does not constitute a subdivision is because this single lot that is shown conforms to zoning and has frontage on a public way. The checklist is complete. Motion: To sign the "Form A" plan for Martha M. Flint Et Al for Essex Street. (Fiore - Boldrighini - All in favor) 11. Review "Westview Woods" subdivision plan off West Street The Planning Board tabled the motion to sign this subdivision at the beginning of the meeting in order to see if Jack Dwyer, Town Counsel, would attend the meeting and give the Board an explanation on the discrepancy of the roadway cut. Mr. Dwyer had not entered into the meeting at this point during the meeting. Motion: To sign the plan for "Westview Woods" subdivision. (Boldrighini - Doucette - All in favor) Planner Genatossio stated that she feels the Board of Selectmen should be noti- fied that the Board has signed the plans for this subdivision submitted by Edward Broderick even though there was still a question concerning the roadway cut. Jack Dwyer, Town Counsel, had informed the Board that the cut was to be four (4) feet when, in actuality, it was 512 to 6 feet. Mr. Dwyer failed to respond to the Board's request for an explanation of this discrepancy. Planner Bachman disagreed with this letter because he did not feel it was a necessary measure. Motion: To send a letter to the Board of Selectmen stating that the Planning Board recently signed the subdivision entitled, "Westview Woods", submitted by Mr. Edward Broderick even though there was a question as to the roadway cut. The Board was informed by Town Counsel that the roadway cut was to be four (4) feet, but, in actuality, the cut is 51 to 6 feet; Mr. Dwyer never responded to the Board's request for an explanation of this discrepancy. (Genatossio - Boldrighini - Brugliera - Fiore - Doucette) (Planner Bachman was opposed to this motion.) - 12. Around the Table Planner Boldrighini stated that he has been contacted by Steven Conroy who sub- mitted a definitive plan for Glen Street. The Planning Board requested further information from Mr. Conroy and he would like to know if he can pick the plan up from the Planning Department, make revisions to it and then resubmit to the Town Clerk. The Planning Board saw no problem with this. Clerk Doucette stated that the public hearing for the revisions to the Subdivision Regulations has been set and he would like to know if the whole package has been put together. Planner Genatossio stated that the Board still had a number of ques- tions. Richard Callinan, Planning Director, stated that it may be a good idea to have the consulting engineer review the changes to make sure there are no problems with them. Planner Fiore and Clerk Doucette stated that the Board should review it one more time in order that everything will be set for the public hearing. The Board will review these changes to the Subdivision Regulations at the next meeting. Planning Board's Minutes October 30, 1985 Page 9 Planner Genatossio stated that the Board had received a request from Norman Mahana requesting that the Planning Board designate a portion of Maple Street as a "scenic road". The Board sent Mr. Mahana a letter stating that this did not have to have a Town Meeting Vote because the Historical Commission, the Conservation Commission or the Planning Board can designate any road in the Town of Mansfield as a "scenic road". This information was obtained through the "Scenic Roads Act". She would like to know if it is neccessary for this request to go to Town Meeting because their is an article on the warrant for the Special Town Meeting. Richard Callinan, Planning Director, stated that it is necessary for a "scenic road" to be voted on at Town Meeting and that he will check on it to see who submitted this petition. Planner Genatossio stated that a suit has been filed against the Planning Board by Foxboro Terminals and she would like to know if the Board will be meeting with Town Counsel or another Counsel. Chairman Brugliera stated that the Board will be meeting with Attorney Richard Gellerman in an executive session next week at 8:00 P.M. to discuss this matter. Planner Genatossio asked if the Selectmen were informed that the Board will be hiring Attorney Gellerman for the suit with Foxboro Terminals. Chairman Brugliera stated that the Selectmen have not been notified because the Planning Board was informed at the beginning when this plan was submitted that the Board should hire someone who they feel comfortable with for Counsel. Planner Genatossio stated that the Selectmen should be informed. Motion: To write a letter to the Mansfield Board of Selectmen stating that Foxboro Terminals, Inc. has filed suit against the Planning Board and the Board will be holding an executive session on Wednesday, November 6, 1985, at 8:00 P.M. to discuss this matter with Attorney Richard Gellerman who will be the Board's Counsel on this matter. If the Board of Selectmen have any comments, they should contact Chairman Brugliera before Wednesday, November 6, 1985. (Fiore - Genatossio - All in favor) Richard Callinan, Planning Director, stated that there is a Planning Grant Program which he will be working on. He stated that since the Town allocated $25,000.00 for the Master Plan, this money can be used to get more money be- cause this program encourages local matches. The Board felt that work should begin on this grant as soon as possible and they felt that it was a good idea. Planning Director Callinan stated that he will work on the proposal. Clerk Doucette asked Planning Director Callinan what his priorities were at the present moment. Planning Director Callinan stated that his first priority is to get the administration into order first and then he will start working on the grants because he feels his job has to deal more with the grants than the administration point of things. 13. Date of next meeting is Wednesday, November 6, 1985, at 7:30 P.M. 14. Meetingiadjou ned at 10:30 P.M. C RK DATE