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HomeMy WebLinkAboutPlanning 09/21/1983PLANNING BOARD'S September 21, 1983 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report (a) Correspondence (b) Minutes of September 14, 1983 3. Warrant - New England Telephone 4. Visitor's Agenda (a) Raymond Goddard - Discussion of a Possible Subdivision (b) Margot Jellinek - Circle C Estates - Letter of Credit 5. Old Business (a) Strawberry Meadows Subdivision - Bond Release (b) Granada Park Subdivision - Bond Release (c) West Elm Estates - Endorsement 6. New Business (a) Form A — George Ward - Essex Street (b) Form A - Poni Corp - Elm Street (c) Form A - Bruce Wood & Edward Kane - Wilson Place (d) East Street Apartments - Site Plan (e) G. P. Massand's Site Plan - Sheba's Den (f) Fairfield Park - Site Plan 7. Around the Table 8. Date of Next Meeting 9. Public Discussion 10. Adjournment PLANNING BOARD'S MINUTES September 21, 1983 Present: Chairman Genatossio, Clerk Fiore Planners: Doucette, Flynn, and Bachman Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Recommendation to Selectmen on new Planning Board member The Planning Board reviewed the applications for the vacancy on the Planning Board. These applications were from: Jeffrey Siena, Calleen Cheney-Precourt, Jeffery Simmons, John Lord, and Albert Boldrighini. Motion: To recommend, as the board's first choice, that Albert Boldrighini's•application be sumbitted to the Board of Selectmen for a seat on the Planning Board. (Doucette - Bachman, all in favor) VOTED Motion: To nominate John Lord for the vacancy on the Planning Board. (Flynn - Doucette, all in favor) VOTED 3. Correspondence Letter from Bertram Cook to the Planning Board regarding the site plan for Wendy's. Memorandum from John Larch, Light Dept. Manager, to Joseph Mannarino regard- ing the electrical distribution system within Granada Park. Memorandum from Joseph Zeneski to the Planning Board regarding the drainage for West Elm Estates. Memorandum from Joseph Mannarino to the Planning Board regarding his inspec- tion of Strawberry Meadow. Memorandum from Joseph Mannarino to the Planning Board regarding his inspec- tion of Paula Lane. Copy of the Conservation Commission's minutes dated August 22, 1983. Copy of the Conservation Commission's minutes dated August 8, 1983. Copy of a letter from Chairman Genatossio to Franklyn Allen regarding two minor corrections to be made on Paula Lane. Planning Board's minutes Page 2 September 21, 1983 Copy of a letter from Chairman Genatossio to Antonino Caponigro requesting that he identify Lauren Drive, within Hidden Hollow, as a private way. Copy of a letter from Chairman Genatossio to Malcom Post requesting that he send the board a copy of the Bristol Arms Home Owners Association Agreement. Copy of a letter from Chairman Genatossio to the Board of Selectmen inform- ing them that there is a vacancy on the board and requesting the opportunity to make a recommendation on the new member. Copy of a letter from Chairman Genatossio to the Zoning Board of Appeals regarding the board's positive recommendation on the variance request of Lynn Matthews and Richard Friese. Copy of a letter from Chairman Genatossio to James Cannada informing him that he must follow the Mansfield Subdivision Regulations within Cedar Meadows. Copy of a letter from Chairman Genatossio to the Bonwood Corporation request- ing that they send the board a copy of the Common Condominium Association Agreement regarding Fairfield Park. Letter to Robert Chavaree and Allen Willis informing them that the board extended the special permit for Cabot's Pond until October 18, 1983. Copy of a certified letter from Joseph Mannarino to James Cannada regard- ing problems with the required improvements within Cedar Meadows. Copy of a certified letter from Chairman Genatossio to Allen Willis and Robert Chavaree regarding Cabot's Pond restoration plan. Copy of a letter from Chairman Genatossio to Edward Broderick informing him that the board will be discussing his variance application at their meeting on September 28, 1983. Copy of a letter from Chairman Genatossio to Bertram Cook regarding the site plan entitled Bay Brook Park. Copy of a letter from Chairman Genatossio to Robert Vokey informing him that the board will be discussing his variance application at their meeting on September 28, 1983. Copy of a speed message from Chairman Genatossio to Joseph Zeneski request- ing the policy on plowing within an accepted subdivision when the streets have not been accepted. 4. Minutes of September 14, 1983 Motion: To approve (Doucette - Fiore, all in favor) VOTED 5. Bill from New England Telephone in the amount of $50.80 Motion: To pay t (Doucette - Flynn, all in favor) VOTED `Planning Boards minutes Page 3 September 21, 1983 6. Paula Lane - Inspection and Release of Funds Joseph Mannarino re -inspected Paula Lane, and found that the cracks have been sealed and the water gate has been lifted. It was pointed out that a fire alarm box is not shown on the Paula Lane plan, and the one on Ware Street may be close enough to service the site. Thomas Leonard is going to check the regulations to assure that this is close enough to service Paula Lane. Motion: To release $2,586.66 from Passbook Account No. 1504359-0 contingent upon Thomas Leonard confirming that the fire alarm box on Ware Street is close enough to service Paula Lane. (Doucette - Flynn, all in favor) VOTED 7. Strawberry Meadow Joseph Mannarino has inspected the loam and seed along the westerly side of Meadow Lane and is satisfied with this work. Therefore, he recommends that $918, which is being held by the town, be released. At the previous meeting, the board voted to release $17,444 for work which was completed and inspected. One item left to be completed is the street light at a cost of $750, and the 10 percent contingency being held is $1,888. A draft letter was composed after the last meeting. The total recommended to be released at that time was $17,444. This was amended to include the $918 for the loam and seed work. Therefore, the total to be release will be $18,362, with the town still holding $2,638 for the street light and contingency. The draft letter also states that the board will not release the entire sum of money until a period of 18 months after the completion of construction of said improvements. This was amended to read, "As provided by Section III (11) of the Mansfield Subdivision Regula- tions, the board will not release the entire sum of money held by the town until a period of 12 months after the completion of construction of said improvements. Motion: To send a letter to Allen Willis as amended releasing $18,362. (Doucette - Flynn, all in favor) VOTED 8. Raymond Goddard - Proposed Subdivision Concept - Off Ware Street Raymond Goddard appeared before the board with a plan of a proposed subdivision Concept. The parcel consists of 9.81 acres with 35.43 ft. frontage on Ware St. He informed the board that he purchased this property in 1979, and prior to his purchasing this, it was a gravel pit. He improved it by leveling the gravel that was there. He informed the board that his children are married and living out of town, and they would know like to move back to Mansfield. He would like to make three (3) lots out of this land. He informed the board that the back land is swamp. He would like to put a private road in, which would be maintained by the owners. It was pointed out that the standard for a right-of-way is 50 ft., and he has 35 ft. These lots have not been perked yet, but they will be if he obtains a positive direction from the Planning Board. There was discussion about locating the right-of-way from his frontage of 170 ft. By doing this, he would have the required 120 ft. frontage for his lot, and the right-of-way would be the required 50 ft. The area of one lot is 63,000 and another one is 73,000. t He has not calculated the area for the third lot yet. It would be in the deed that the owners would have to maintain the private way. Joseph Mannarino said that there would have to be certain standards set for safety protection. This plan requires further study, and the board request two weeks in which to review and study this plan. This will be on the agenda for the next meeting. Planning Board's minutes Page 4 September 21, 1983 9. West Elm Estates The board received a letter from the DPW Director which states that he has reviewed the drainage for West Elm Estates and found it satisfactory. His concern is that the manhole bottom must be installed below (6 to 12 inches) the porous pipe invert to provide an additional sump. Planner Flynn said that she drove by and saw a sign loam for sale. There was discussion regarding the necessity of a permit and whether the loam is coming from the lots or the street. Motion: To sign the plan (Doucette - Bachman, all in favor) VOTED Motion: To send a letter to Bertram Cook regarding the removal of loam on site to see if the developer is conforming with the Mansfield Zoning By-law, Section VG3(d). (Doucette - Flynn, all in favor) VOTED Motion: To send a copy of the DPW Director's letter to the developers. (Doucette - Flynn, all in favor) VOTED 10. Margot Jellinek - Circle C Estates Margot Jellinek appeared before the board and stated that last week she asked about the bond on Circle C regarding when it was expiring. She pointed out that there was a letter of credit for Pinto Way in the amount of $7,856.95; and a letter of credit for Maverick Drive in the amount of $15,551. She presented a letter from the board dated February 14, 1983, signed by the chairman. This letter states that the letters of credit will expire in June, 1983, and it requested that these be extended until June, 1984. The letter was addressed to Brookline Trust, Charles Daunt, Vice President. She pointed out that the bank does not give the extension on the letters of credit, the developer does. The letters of credit ran out June 30, 1983. The board did not receive a response from their extension letter; therefore, a letter should have been sent to Sidney Covich, with a copy to the bank, stating that the board will take the money if they do not receive an extension within 30 days. This was not done, and she feels it is negligence. Margot Jellinek said that there are two things that can be done. First, the board may try to have Sidney Covich renew the letters of credit; and second, to press charges against Mitchel Seifert because he was the chairman at the time. Planner Doucette said that he takes offence to what she said regarding the former chairman. He pointed out that the board did not have a full-time Planning Director, they were coming up to Town Meeting, and there was not a full Planning Board. He pointed out that Mitchel Seifert is not a professional planner, as none of the members are. It is all volunteer work. He should not be held liable for that. He did the best he could. The entire board agreed that one person should not be held liable for that. All the members as a board would be. Also it was stated that every member did the best they could under the circumstances. Planner Flynn pointed out that the board has had problems with this developer since Chadwick Maurer was the Town Planner. The improvements to be completed may be negotiated with the developer, or the town can complete them. There is not a major problem out there that would prevent the street from being accepted. There is no public safety hazard. The problems that exist are: cracks in roadway, water gat needs to be straightened, cracks along sidewalk, and puddles in Pinto Way. Joseph Mannarino has called Charles Daunt who informed him that there is no money available, and he will send a letter of confirmation to the board. Joseph Mannarino and Joseph Zeneski will go out and inspect the Planning Board's minutes Page 5 September 22, 1983 the problems to see if they still exist and how major they are. They will report back to the board. Joseph Mannarino recommended that the board stay away from this type of security. Motion: To send a letter to the bank asking for clarification of the amount and where the board stands at this point in time. (Doucette - Fiore, all in favor) VOTED 11. Granda Park Subdivision Aldo Paglia appeared before the board regarding the release of funds for the top coat and the fire alarm box. He said that Joseph Mannarino and Joseph Zeneski went out to Granada Park to address the problems with Peter DeGirolamo regarding the top coat. The problems that were pointed out were taken care of. He pointed out that the board received a letter from the Fire Chief stating that the fire alarm box was inspected and approved. Therefore, he requested that the board release the money for the fire alarm box and the top coat. There is presently a problem with the curbing, and when this is fixed, the top coat will be disturbed. Al Paglia said that the 10 percent contingency should be used to fix the curbing. The Planning Director said that he feels that the curbing should be fixed before the top coat money is released because there may not be enough contingency to finish that section of the road. Once that is done, it may be repaved. He feels these items should have been done before. It was pointed out that the developer is still responsible for the maintenance for 18 months. Al Paglia said that at this point, the top coat has been put down, and the agreement was to release the money upon satisfactory inspection. It was again pointed out that in order to fix the curbing, the top coat will be disturbed. There was discussion regarding how the curbing cracked. Al Paglia said that there was only one house put in after the curbing. He also pointed out that plows and moving trucks may hit it. Motion: Not to release the top coat money until the curbing is fixed. (Flynn - Fiore Al Paglia said he feels this is unfair. George Way and Paul Folkman inspected Granada Park daily. Planner Doucette said he feels that the installation was not correct, and therefore, it has deteriorated. Al Paglia said that he does not want to repair it now because he feels that when he comes to get the contingency, it will have to be fixed again. He is not going to repair it twice. He has repaved some areas already. It was again pointed out that the developer is responsible for 18 months. Al said that he knows this. Al Paglia said that if the board finds a fault with the 1" top coat, they should hold back the money. If not, it should be released. He pointed out that the bond was broken down into items. The board said that was broken down to obtain a bond estimate. Chairman Genatossio read a letter the board received from Joseph McKenna dated March 9, 1983, regarding problems that existed. Al Paglia pointed out that he did not receive a copy of this. It was suggested to get an estimate as to how much it will cost to fix the curbing and hold back a portion of the top coat money. Aldo Paglia suggested taking the contingency and also holding back and additional $1,000 to fix the curbing. Motion: Not to release the top coat money until the curbing is fixed. (Flynn - Fiore, all in favor) VOTED Motion: That the Town Engineer come back to the board with an idea of how much it will cost to repair the curbing, requesting his response no later than next Wednesday's meeting on September 28, 1983. After the board receives this, they can decide how much of the top coat money to release. (Doucette - Fiore, all in favor) VOTED *Planner Flynn left the meeting Planning Board's minutes Page 6 September 21, 1983 Granada Park Continued The board received a letter from John Larch, Light Department Manager. This letter states the construction problems with the electric distribution system. The clerk read this letter. In reference to the corrections that need to be made, Al Paglia said that relative to everything except the base, he will talk to Mr. Larch and get these straightened out. At the time he was putting in the light poles, there was no Light Department Manager. He went to Paul Folkman on regulations and specs. He did not have any and suggested that Al contact Bob Rizzo for the specs as he had just put them in on Plantingfield Road. He obtained these specs from Bob Rizzo, and he presented the board with a copy of them. It is a sono tube with a cap on top. It was pointed out that the pole is swaying, and this may be because of erosion. Al pointed out that the Telephone Company came in and did digging near the pole to service a house. He will put dirt around it. It was pointed out that these problems will have to be addressed with John Larch. It was also suggested to check the minutes to see what was required at the time it was approved. Al said that he is going to bring a load of stone to Mr. Alexander's property for grading. Other dis- cussion was that there are holes in the sidewalk due to a backhoe, the fire hydrant is collecting water when it rains. Al Paglia said that there was a leveling course applied between the base and the top. If there was a problem with water collecting, that is when it should have been addressed. Motion: To release the funds that were being held on the installation of the fire alarm box, as it has been inspected and approved by the Fire Chief. (Doucette - Fiore, all in favor) VOTED It was pointed out that this subdivision was originally owned by Mr. Evans, and Mr. Paglia bought into it in 1980. Gary Welsh, a resident of Granada Park, said that he feels that the board had done the right thing, and he feels the neighbors will be pleased with their decisions. 12. Form A - George Ward - Essex Street This Form A consists of one lot located on the northwesterly side of Essex Street. Motion: To return the Form A so that all the frontage may be shown. (Doucette - Fiore, all in favor) VOTED 13. Form A - Poni Corp - Elm Street This Form A consists of a parcel of land located on the east side of Elm Street, and it has frontage on an accepted road. Motion: To accept the plan as presented (Doucette --Fiore, all in favor) VOTED 14. Form A - Wood and Kane - Wilson Place This Form A consists of two lots. Lot No. IA is owned by Wood, and Lot No. 2A is owned by Kane. 6,270 s.f. of Lot No. 2A and 9,289 s.f. of Lot No. lA is being combined into 1 lot. This new lot will front on Wilson Place which is a private way. Motion: To continue this until next week so that more information regarding public ways may be obtained. (Doucette - Bachman, all in favor) VOTED Planning Board's minutes Page 7. . September 21, 1983 15. There was discussion regarding Dr. Massand's site plan. The site plan showed the two buildings to be attached, but they are not to date. Motion: To send a letter to Allen Willis requesting that he submit the agreement regarding the items to be complied with in the Gloria Estates Subdivision, as per meeting held on August 17, 1983. (Fiore - Doucette, all in favor) VOTED There was discussion regarding the letter from Bertram Cook on Wendy's site plan amendment. Since the representatives informed the board that both the fence and the shrubs would be installed and they were both shown on the plan, the board felt that when they wanted to eliminate the shrubs, they should have re -appeared before the Planning Board. It was suggested to start a tickler file for correspondence. Also Planner Doucette informed the board that he will not be able to attend the next two meetings. Motion: To send a letter to the Town of Norfolk requesting a copy of their Zoning By-law and condominium regulations. .(Doucette - Fiore, all in favor) VOTED 16. Date of Next Meeting is Wednesday, September 28, 1983, at 7:30 P.M. 17. Adjournment 11:00 P.M. i CLER DATE