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HomeMy WebLinkAboutPlanning 11/30/19831 2 3 M 5 6. 7. 8. PLANNING BOARD'S AGENDA November 30, 1983 Meeting called to order at 7:00 P.M. Clerk's Report (a) Correspondence (b) Minutes of November 16, 1983 Guest Agenda 7:15 - Ronald Bonvie - Fairfield Park 7:35 - Wendy Kay - Fairfield Park 8:00 - Downtown Advisory Committee 9:00 - Richard Staples - Eastland Estates Subdivision Plan New Business (a) Form A - Frederick & Ann Conlan - Ware St. (b) Form A - Edward Broderick - Darby Drive Around the Table Public Discussion Date of Next Meeting Adjournment PLANNING BOARD'S MINUTES November 30, 1983 Present: Chairwoman Genatossio, Acting Clerk Brugliera Planners: Doucette, Bachman, Flynn, and Boldrighini Planning Director Mannarino 1. Meeting called to order at 7 P.M. 2. Motion: To have Joseph Brugliera be Acting Clerk (Doucette - Bachman, all in favor) VOTED 3. Correspondence Copy of a letter from Joseph Mannarino to Raymond Hayes regard- ing the status of the performance bond for Cabot's Pond. Copy of a letter from Joseph Mannarino to Richard Staples inviting him to attend the board's meeting of November 30, 1983 to discuss East Land Estates preliminary subdivision plan. Copy of a memorandum from Chairwoman Genatossio to Bertram Cook regarding the site plan for the dance studio on East Street. Letter to Chairwoman Genatossio from the Foxboro Planning Board notifying the board of a meeting which will be held on Monday, December 5, 1983, to discuss the Cannon Forge Development. Speed message from Tim Walsh to Joseph Mannarino regarding an inspection of the base coat on Gloria Drive, Partridge Lane, and Erin Drive. Copy of a letter from Chairwoman Genatossio to Bertram Cook regarding Rumford Square Apartments. Copy of a letter from Chairwoman Genatossio to Bertram Cook regarding the Fairfield Park site plan. Letter from Chadwick Maurer to Chairwoman Genatossio regarding the earth removal behind the DPW garage. Copy of the Downtown Advisory Committee's minutes dated November 28, 1983. Copy of the Massachusetts Wetlands Protection Act - Enforcement Order from the Conservation Commission to Richard Staples con- cerning the proposed Eastland Estates subdivision. Planning Board's minutes Page 2 November 30, 1983 Copy of a variance request from the Zoning Board of Appeals for Joseph George to construct a two-family dwelling on Oakland St. Copy of a variance request from the Zoning Board of Appeals for Malcom Post to erect a 32 sq. ft. off-site directional sign at the corner of Stearns Avenue and East Street. Copy of a variance request from the Zoning Board of Appeals for Dennis Sternlight to construct an addition to his dwelling at 43 Lantern Lane. August, 1983 newsletter from the Massachusetts Housing Finance Agency. Fall, 1983 newsletter from the Massachusetts Historical Commission. Copy of a legal notice from the Sharon Board of Appeals. A hear- ing will be held on December 1, 1983, at 7:30 P.M. on the applica- tion of Gary & Michele Buchwald for a variance to erect an addition to an existing dwelling at 28 Dunbar Street. Copy of a legal notice from the North Attleboro Planning Board. A hearing will be held on December 1, 1983, at 8 P.M. on the application of Starline Realty Trust seeking abandonment of a portion of Columbia Street. 4. Minutes of November 16, 1983 Motion: To approve (Flynn - Doucette, all in favor) VOTED 5. Variance - Joseph George - Oakland Street Variance request to construct a two-family dwelling on a parcel of land on Oakland Street, which is located in the Industrial Zone. This would be the parcel next to the Chocolate Factory. Motion: To send a negative recommendation to the Zoning Board of Appeals due to the lack of information. (Flynn - Doucette, all in favor) VOTED 6. Variance - Malcom Post - Stearns Ave./East Street Variance request to erect a 32 square foot off-site directional sign at the corner of Stearns Avenue and East Street; said sign being larger than the size allowed in the Agricultural Zone. The sign is necessary so that prospective buyers can find his development. The size of a sign allowed in the Agricultural Zone is 3 sq. ft. Motion: To send a negative recommendation to the Zoning Board of Appeals because it is in excess of the allowed signs in that zone, and it derogates from the intent of the Zoning By-law. (Flynn - Doucette, all in favor) VOTED 7. Variance - Dennis Sternlight - Lantern Lane Variance request to construct an addition to his dwelling at 43 Lantern Lane. The proposed addition would consist of a garage and a professional office. The sideyard measurement Planning Board's minutes Page 3 November 30, 1983 would be 22; feet which is nonconforming in the Residence AA Zone. The reason stated for the variance is to continue earn- ing his living and giving his family the attention they need. Professional home occupations are not allowed in the Residence AA Zone. Motion: To send a negative recommendation to the Zoning Board of Appeals. Also point out that professional home occupations are not allowed in the Residence AA Zone. (Flynn - Doucette, all in favor) VOTED 8. Form A - Broderick - Darby Drive This Form A consists of a 10 acre parcel of land on the easterly side of Darby Drive. The reason it does not constitute a sub- division is it was granted a variance by the Board of Appeals on October 19, 1983, for frontage. It has sufficient area. Motion: To approve (Flynn - Bachman, all in favor) VOTED Brugliera Abstained* 9. Bill from the New England Telephone Company in the amount of $70.44 Motion: To pay (Doucette - Brugliera, all in favor) VOTED 10. Fairfield Park - Ronald Bonvie Ronald Bonvie appeared before the board to propose a few altera- tions to the approved site plan. The first thing that was dis- cussed was fencing. The plan was designed to have a 4' vinyle chain link fence. He proposed to go with vinyle slats instead of vinyle coat. Chairwoman Genatossio pointed out that at the time of discussion, it was decided to put vines on the fence. Planner Flynn questioned the planting of bushes near the fence. Ronald Bonvie said that he will have approximately 1' between the blacktop and the fence. He has not spoken to the abutters regarding planting bushes. He said he would put the vines up; however, they would take a long time to grow in for screening. He asked the board for suggestions, and said he is not putting the fence up immediately so the board may think about it for awhile. The reason he would rather put slats up instead of the vinyle coat is for screening. The next item of discussion was the lighting. The site plan was designed for 13 lights with 200 watt bulbs in them. This is to light up a 600 foot area. Ronald Bonvie's electrician was told by the engineer who sells the lights, that this would be too much lighting with residences abutting them. It would be like daylight when they are all turned on. He pointed out it would be alright in a big parking lots such as Sears; however, it would not be appropriate for the Old Colony parking lot. Chairwoman Genatossio said she though that the plan designed by Ken DiNisco was approved. I checking the correspondence, she found that the bond was for three parking lights and three street Planning Board's minutes Page 4 November 30, 1983 lights. There was no lighting shown on the site plan prepared by Ken DiNisco. Ronald Bonvie suggested installing six lights instead of 13; and the change the 200 watt to 15 watts. Since is a parking lot in a roadway with residential abutters, it should be soft lighting. It was suggested to check with the Light Department. He requested the board consider installing something less than what is designed. The next item of discussion was plowing. He has contracted Baker to plow the area. He feels there will be a problem plow- ing the cobblestone which is 8' wide and 15' long. He feels there may be a problem with the plow pulling out the cobblestone. He would like to install something other than what was designed, and asked the board to consider it. The cobblestone was proposed to slow people down, to serve as a speed bump; therefore, the cobblestones would be up above the road surface with concrete in between. In between the buildings will be removed with a snow blower. Any large storm, the snow will have to be hauled away. There was discussion regarding the size of the dumpsters. There will be a 4' fence around them. This would be a wood fence. Wendy Kay appeared before the board to discuss Fairfield. She explained that when she exits her street, if the fence is con- structed to the very end as shown on the plan, she will not be able to see. There was discussion as to starting the fence 10' in where the parking spaces start, and possible planting shrubs the remainder of the length. Wendy Kay pointed out that she thought that on the Everett Associates plan, it indicated lights on the side near the condominiums. Ronald Bonvie explained that he will be installing smaller globe lights along the walkway near the condominiums. She also pointed out that the telephone poles are 14' high, and they may cut into the trees. Ronald Bonvie said he hadn't checked this yet. She also suggested a reflector on the light towards her house. In reference to snow plowing, she said that the dirt and sand with the snow removal will seep into her plantings on the other side of the fence. She would like to see a chain link fence with vines, which would blend with the plantings she already has. In reference to the screening of car lights, she took a survey of the parking lot to compare the number of people who back in vs. the number of people who pull in. She said this was half and half. In reference to the dumpster, she said the fence around it should be as high or higher than the dumpster. She recommends this to keep the animals out. It was suggested to possible install a 6' fence rather than a 4' fence. She also said that they backfilled the corner of the property and today and put in a culvert. She asked if they will be landscaping. Ronald Bonvie said yet. 11. Eastland Estates Preliminary Subdivision Plan Chairwoman Genatossio read the description of the proposed sub- division. This subdivision consists of 21.04 acres located off of East Street. It will consist of 23 lots. The deadline date is December 13, 1983. Ralph Maloon appeared before the board to Planning Board's minutes Page 5 November 30, 1983 present the proposal. The plan presently indicates a stub road on Sherry Street. Ralph Maloon said he would rather keep it as is an not put in a cul-de-sac on Lot No. 8. The board said they would rather see it one continuous loop. Chairwoman Genatossio pointed out that the Mansfield Subdivision Regulations do not allow road stubs unless you know of a subdivision coming through. It was pointed out that if the road was curbed to loop, there may not be enough frontage on Lot No. 8. In reference to drain- age, there is a drainage area running from East Street to Route 106 which flows through the site towards North Street. This flows into a brook, picking up the site drainage in the existing flow, to a headwall, to an outlet. Ralph Maloon proposed putting a retention area on Lots Nos. 11 & 12; which is where the drainage comes in. This would then be piped out. There was also discus- sion regarding putting a retention area on the front lot owned by Richard Staples, which would reduce the flow into the outlet. He also proposed a concrete retaining wall on the Town of Mansfield's property because it would be lower than the house across the street, and the water would shed in that direction. Approximately 50' from the street, there is a 5' drop. At this point, the comments from the Department Heads were read. These consisted of the following: Conservation: A wetlands hearing is required for this site. Police: A stop sign when approaching East Street from within the development. Fire: Items missing from the plan are the size of water mains to be installed, and the location of fire alarm boxes and fire alarm utilities. He also recommends the name "Sherry Drive" not be allowed, as it sounds very much like Cherry Street, which could lead to confusion. Board of Health: Lots which did not pass perc tests are 6, 9, 10, 11, 23, 22. No peres may be signed until the water table can be established in the wet season. Town Engineer: Site visits indicate an approximate 70' layout error in topography of site. Topography shows hills of about 12' when in reality, the whole site only has a total elevation change of 12'. Street profiles show some large cuts (6' to 81), and in reality shows some very poor soil con- ditions. Recommends the whole plan be sent back for relayout and design. The Planning Directors' recommendation is that he feels the plan is deficient in several crucial areas of subdivision review. The lack of information concerning soil characteristics, site features, and a grading plan make it difficult to render a recommendation. He listed additional information which needs to be provided in order to make a recommendation. (Please find copy of memorandum attached.) Ralph Maloon said that after the last rain, Karl Drown accepted the groundwater and logs for another subdivision; and he would have to check with him to see if he is going to accept them for this subdivision. The Planning Director asked why there are such drastic cuts in the roadway. He pointed out the cuts are located in either poor soils or a high water table. Ralph Maloon said they will need to fill in the lots, and the cuts will be revised according to what is found for groundwater out there. Planning Board's minutes Page 6 November 30, 1983 Ralph Maloon indicated that the plan was drwan prior to the test holes being done; therefore, he did not know the groundwater or soil types. Conservation: Richard Staples informed the board that he and his partner, Dale Tessier, attended a Conservation Commission meeting on Monday night. The reason being is that they received a cease and desist order. The Conservation Commission was out at the site three to four weeks ago because the applicants knew that alot of water flows through the site; and they wanted comments from the Conservation Commission. The reason the cease and desist order was issued is because the commission though the applicants were cleaning and stumping the site, which they were not. They went through the site with a large machine to do the perc test. This knocked over trees, ect. He also informed the Conservation Commission that if there is a problem, to call him and they will stop work. He does not like to received cease and desist orders. The Conservation Commission asked them to stop work on certain lots, which they have done. Richard Staples reiterated on Ralph Maloon's proposal to install a retention area on Lots Nos. 10 and 11, as this is where the water comes in from the Hallet property. This would catch the water when it comes in before it enters the site with a smaller pipe letting the water out slowly. The Planning Director stated that very specific details are necessary before a decision can be made: A major drainage study. Joseph Mannarino said that for the information that has been submitted and the existing time period, he would have to recommend that this preliminary subdivision plan be turned down for the reasons outlined in his memorandum. More details are also necessary on the water table. It was pointed out that the Conservation Commission generally agreed that the wetlands are Lot No. 17 and the lots owned by the Town of Mansfield and Richard Staples. The Soil Conservation Commission will have to determine the soils. Margot Jellinek said that when the Conservation Commission walked the site, they noticed wetlands that were not on the plan. Richard Staples said they know there is a water problem, and that is why they asked the commission to go to the site. Motion: To disapprove the preliminary subdivision plan entitled, "Eastland Estates" submitted by Richard Staples and Dale Tessier for the following: 1. Items not addressed in Mansfield Subdivision Regula- tions in accordance with Section 3 B 2; specifically, letters c, d, e, and f. 2. Items listed in Joseph Zeneski's letter 3. Items listed in Joseph Mannarino's memorandum (Flynn - Brugliera, all in favor) VOTED 12. Leon Grant - Multi -family proposal located off Dean and Spring Streets Leon Grant appeared before the board and presented a multi -family, cluster concept entitled Springbrook Community. This is located off Dean Street and Spring Street. Shepard's field is located across the street, and a river runs along the cemetary. He said that this could be divided into seven lots; however, he is proposing to erect a six -unit and a four -unit, with a total of 20 bedrooms. Each unit would have 7.5,000 sq. ft. for the lot requirement in Res. AA Zone. Planning Board's minutes Page 7 November 30, 1983 The density is not infringed upon. He has to go to the Zoning Board of Appeals. He would like to work closely with the Planning Board and the Zoning Board. The site would be densely planted. It is presently on septic, but he has been told sewerage should be coming down School Street. The site would be build 100' off the road. There is well drained soil in the area. The homes would be built up from the road. A total of 10 units on 162,288 sq. ft. There was discus- sion as to why Leon Grant would be going to the Zoning Board of Appeals. He stated for a density variance. The Planning Director said he would have to go for a use variance. It was pointed out that he meets the density requirements. This was argued. Mr. Grant was informed -that in order to build this type of multi -family dwelling, he would have to rezone the property. 13. DAC Planner Flynn asked why the DAC did not attend the meeting as scheduled. Chairwoman Genatossio informed the board that she attended the DAC's meeting held Monday night. At that meeting, Ralph Seifert suggested that each Planning Board member receive a copy of the Everett Associates Report and the 1977 Downtown Report so they may read them and become more familiar with the background. Therefore, the DAC has been reschedule to meet with the Planning Board on December 14, 1983, at 8:30 P.M. Chairwoman Genatossio also informed the board that the DAC will be making a site walk of downtown in regards to the improvements going on. This will take place this Saturday at 9 A.M. I£ anyone is interested in attending, they should park between the professional building and the bank. *Planner Flynn left the meeting 14. Form A - Conlan - Ware Street This Form A consists of Lots Nos. 10 and 11 located on Ware St. Lots have frontage and area on an accepted street. All items on the checklist were complied with. This is not located within a flood zone. Motion: To sign (Boldrighini - Brugliera, all in favor) VOTED 15. Cedar Meadows: The Planning Director informed the board that Cedar Meadows is moving quickly. Mr. Cannata had approximately 20 people out there working today. The drainage is in, the sidewalks are in, and they are loam and seeding. By -the December 7, 1983, meeting almost everything should be completed. Cannon Forge: The board received a letter from Foxboro informing them that a meeting will be held on December 5, 1983, to discuss the Cannon Forge Development. Chairwoman Genatossio informed the board that she will be attending this meeting. Joseph Mannarino will also attend. Environmental Research: The Board of Selectmen hired an engineering firm to check the new well on Mill Street. They found a high level of nitrate reading. There is an ammonia nitrate problem directed to Canoe River. This may pose a threat to the quality in the new well. They suggested instituting a study on the landfill. Planning Board's minutes Page 8 November 30, 1983 Chairwoman Genatossio informed the board that Mansfield is having a water problem in East Mansfied. Foxboro may be giving Mansfield a water problem. She suggested increasing the lot size reauir.ement within the Water Supply Protection District. 12. Cabot's Pond The board received a letter from White & Kelly requesting that the meeting schedule for December 7, 1983, be postponed until mid to late January, 1984. This request is made because Robert Chavaree has been discussing the completion of Cabot's Pond with local contractors, but it is not anticipated that a con- clusion will be reached for approximately six weeks. At this point, Chairwoman Genatossio asked the board members for their imput. Planner Brugliera pointed out that this has been going on for a long time, and he has been sent certified mail letters a number of times. Planner Bachman also felt that the meeting should not be postponed. Planner Boldrighini suggested sending a letter requesting that Mr. Chavaree attend the meeting to inform the board of what he is going to do, and the board would like to have him present. Planner Doucette said he refuses to give him any more time, and again pointed out that this is not the first letter that has been sent. Motion: To send a letter to James Kelley denying the request for an extension, and inform him that the meeting will be held as scheduled on December 7, 1983. (Brugliera - Doucette, all in favor) VOTED Mr. Grant informed the board that Mr. Chavaree has been negotiating with him for the last six to seven months. He has been unable to get Mr. Willis to cooperate. They need an easement and water pump- ing in order to complete Mr. Chavaree's part. The prices have been negotiated. 13. Around the Table Planner Bachman suggested having file, listing the correspondence will prepare this. a synopsis of the Cabot Pond in order. Chairwoman Genatossio Joseph Mannarino informed the board that some members visited a few subdivision on their site walk last Friday morning. In reference to Granada Park, he said he would like to thank Mr. Paglia for cooperating on the completion of improvements as requested by the board. He pointed out that recognition should be given when it is deserved. He has re -installed and reset the curbing, he has the lights working, and has done all other electrical improvements in the subdivision, and there is no puddling. The subdivision looks nice. Cedar Meadows is moving. By the time of the meeting on December 7, 1983, they should be just about finished. They also inspected the back parking lot at Massand's building on Wood Avenue. They have put gravel/crushed stone around the boundary, and they have put up a slated fence. The buildings have been connected, although they are not finished. The Inspector of Buildings could make them put in what was called for on the site plan, but it looks good the way it is. Planning Board's minutes Page 9 November 30, 1983 Motion: To send a letter to Bertram Cook informing him that four members inspected the site on Wood Avenue on November 25, 1983. The changed that were different from what was on the site plan approved, are accept- able to the Planning Board. (Doucette - Bachman, all in favor) VOTED In reference to the preliminary Fox Street subdivision plan, it was pointed out that there is a problem with the design of the plan as shown relating to drainage. No catch basins are shown on the lower part of the street. It drains into a lower area and another portion of Fox Street. This will have to be reviewed very carefully. 14. Public Discussion In reference to Eastland Estates, Margot Jellinek requesting that the board write to the Soil Conservation in Raynham and ask them the make a soil inspection. Chairwoman Genatossio pointed out that this is the applicants' responsibility. The board does not do this unless it is a definitive plan. Mrs. Jellinek informed the board that in N. Attleboro, they require $1,000 before they will even look at a large subdivision plan. Planner Boldrighini said he is worried about the additional amount of water draining into the pond. He thinks the board should obtain additional information on what happens beyond that point. This statement is made in reference to Eastland Estates. 15. Date of Next Meeting is December 7, 1983, at 7:30 P.M. 16. Adjournment 10:30 P.M. DATE CI�gRK ,