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HomeMy WebLinkAboutPlanning Brd Min_1111989PLANNING BOARD'S MINUTES JANUARY 11, 1989 Present: *Chairman Annine, Clerk Madan Planners: *Caponigro, Flynn, *McClanahan, Quinn, *Sohn 1. Meeting called to order at 7:00 P.M. 2. Thomas E Dwyer, Town Manager The Planning Board invited Mr. Dwyer to this evening's meeting for the purpose of discussing the change in job description from Planning Director to Community Development Director and the proposed merging of Planning /Conservation /Zoning budgets. Planner Quinn cited Chapter 766 of the Town Charter, specifically relating to the merging of budgets. Planner Flynn explained that the Planning Board had written the job description for "Planning Director" for insertion by the Charter Committee. Planner Flynn stated she was opposed to the description used to advertise for a new Planning Director and feels the description was more appropriate for an Assistant Town Manager's position. Mr. Dwyer explained that he is trying to recognize the fact that the Planning Director's job involves much more than "planning" and that it is a much broader job. Secondly, he is trying to establish a Community Development Department to integrate and interrelate the various activities that go an within the develop- ment field within the Town. Regarding the combined budgets, Mr. Dwyer stated that he is trying to provide additional flexibility within the budget. Several Board members strongly objected to combining the three budgets. Board members expressed concern that changing the title of the Planning Director's position to that of Community Development Director has created a Charter change. Mr. Dwyer informed the board that he had spoken with Town Coun- sel, John Dwyer, regarding this issue. Town Counsel has provided Mr. Dwyer with a letter stating that he does not feel the Town Manager is in violation of the Charter. Mr. Dwyer will send Planning Board members copies of Town Counsel's letter. At this time, the Board questioned whether Town Counsel had specifically addressed the use of Planning Department Consultant funds to pay Robert E. Powers as Acting Town Engineer. Mr. Dwyer stated he had not asked Town Counsel that question. Board members reminded Mr. Dwyer that they had previously requested this money be returned to the Planning Department account. Mr. Dwyer informed the Planning Board that he had spoken with the Finance Committee and they have indicated that they would approve a reserve fund transfer to the Plan- ning Department budget for the Consultant account, which not only covers Robert E. Powers but Michel LaCasse as well. A lengthy discussion followed regarding the legality of using Planning Department funds to pay an Acting Town Engineer. Michel LaCasse explained to the Planning Board that the proposed Assistant to the Town Manager would be assuming many of the duties which Mr. LaCasse had been taking care of. fir. LaCasse stated the position in question should revert to more time for planning. Also, after vouchers are submitted this week, the Plan- ning Department will have depleted all funds in the budget and will be eligible to apply for a transfer of funds which he feels the Town Manager is in agreement with. Mr. Dwyer stated that he does support the transfer. 1 Planning Board's Minutes January 11, 1989 Page -2- Mr. Dwyer excused himself at this time to attend the Board of Selectmen meeting and stated he would be happy to return to the Planning Board to continue this discussion. At the request of Board of Selectmen Chairman Harrington, Michel LaCasse and Chairman Annino left to meet with the Board of Selectmen to discuss the schedule of the Master Plan. (Michel LaCasse and Chairman Annino returned to the meeting at this time.) Motion: To send a letter to the State Bureau of Accounts to read as follows: "By a vote of the Planning Board, please review the transfer, without Town Meeting approval, of approximately $14,000 in Planning Board accounts to Town Engineering accounts. It is our opinion that M.G.L. Chapter 41, Section 31, prohibits such a transfer. Secondly, please determine if a Planning Board, organized under M.G.L. Chapter 41, Section 81, has control of its budget and if it is appropriate for other municipal officials to expend its appropriations without authorization of the Board." Copy Town Accountant; Town Manager; Treasurer; Board of Selectmen, Finance Committee and the Attorney General. (Quinn - Flynn) Planner Quinn stated he further objected to now paying Richard Lewis out of the Planning Department budget as Acting Planning Director. Board members discussed whether mentioning the amount of $14,000 is necessary. Planner Flynn asked to amend the letter to read "Does the Town Manager and /or Board of Selectmen have the authority to expend ... ", rather than "Is it appropriate for other municipal officials to expend..." Michel LaCasse explained Richard Lewis' position as it relates to the Planning Department. Mr. Lewis has been appointed as Acting Planning Director and will be paid a stipend out of the salary account of the Planning Department. Board members discussed whether the Planning Board should be the appointing authority for an Acting Planning Director as opposed to the Town Manager. Motion: To move the question. (Madan- Quinn) All in favor. Letter now to read in part: "Please determine if a Planning Board or- ganized through the M.G.L. Chapter 41, Section 81, has control of its budget and if it is appropriate for other municipal officials, specifically the Town Manager and /or Board of Selectmen to expend those appropriations without authorization by the Planning Board." Planners Quinn, Flynn, Madan, McClanahan, Caponigro and Chairman Annino in favor as amended. Planner Sohn opposed. PASSES. N Planning Board's Minutes January 11, 1989 Page -3- Motion: To send a letter to the Attorney General's office to read: "Please review the Town of Mansfield Charter, specifically sections 5 -3 and 7 -6 concerning "Planning Director ". Do other Town officials, specifically the Town Manager and /or Board of Selectmen, have the authority to delete the position of "Planning Director" and replace said "Planning Director" with a "Community Development Director ", including a different job description and a budget merge with other departments without a change to the Municipal Charter, as prescribed by law. Secondly, be aware of the letter sent to the Bureau of Accounts about controlling the budget. Please review Section 4 -2 on Town Manager's responsibilities." Copy to Board of Selectmen, Town Manager, Town Accountant, Town Treasurer, Finance Committee and Bureau of Accounts. Enclose copies of both the old and the new job descriptions for Planning Director. (Quinn - Flynn) Planners Quinn, Flynn, Madan, McClanahan, Caponigro and Chairman Annino in favor. Planner Sohn opposed. PASSES. 3. e;10 _PM. Preliminary Plan Review for "Tara Estates" - Applicant: James F. McIntyre, Trustee Curmac Realty Trust - Deadline: January 30, 1989 James Dunn of Dunn Engineering gave a presentation of Tara Estates on behalf of Mr. McIntyre and Mr. Currivan, who were also present. Some of the comments by board members included the fact that roads "A" and "B" are too long and would require waivers; no open space lot shown; entrances onto Route 106 should be ( reduced to one; applicant should speak with abutters regarding the possibility of joining to abutting subdivisions or use of easements. Applicant should also address all department head concerns. Motion: To deny this subdivision due to extensive road length. WITHDRAWN Applicant requested an extension of the deadline in order to present alternative sketches of the roadway to the Planning Board for review. Motion: To approve an extension of the deadline for "Tara Estates" preliminary subdivision plan until March 17, 1989. (Quinn- Caponigro) All in favor. PASSES. (Planner Sohn left the meeting at this time.) 4. R. F. Merrikin Associates - Bristol Plaza The Zoning Board of Appeals denied a Special Permit application by Demetrios Glaropoulos to enlarge the building at the Bristol Plaza to accommodate an ex- pansion of the "Video Mania" store. Rick Merrikin and James Glaropoulos spoke to the Board requesting a unanimous vote by the Planning Board to resubmit this Special Permit Application to the Zoning Board of Appeals before the two year waiting period is up. The Planning Board gave a negative recommendation at the time of the original submission. Mr. Merrikin and Mr. Glaropoulos showed the Board a plan to improve the parking area surrounding the Bristol Plaza. A memorandum to the Planning Board from Patrolman Lance Lawson, Accident Reconstruction Specialist, was read. Planner Sohn spoke as an abutter and stated she felt the changes would improve this site and that an oil /water separator should be included due to the fact the area is in the Water Protection 3 Planning Board's Minutes January 11, 1989 Page -4- District. Mr. Merrikin stated there is now an oil /water separator on the plan. Motion: To allow the applicant to reapply to the Zoning Board of Appeals for a Special Permit for expansion of the building at Bristol Plaza, which is in the Water Protection District. (Quinn - McClanahan) Planners Quinn, McClanahan and Capanigro in favor. Planners Flynn, Madan and Chairman Annino opposed. FAILS. (Planner Sohn returned to the meeting at this time.) ( *Chairman Annino left the meeting at 9:55 P.M.) Motion: To appoint Planner Sohn Acting Clerk. (Flynn - Caponigro) All in favor. PASSES. 5. Site Plan Review o Webb Place - Applicant: Gary W. Forget ( *Planner Sohn left the meeting at 10:10 P.M.) Motion: To send a positive recommendation to Bertram M. Cook, Inspector of Buildings, with the condition that all comments by department heads be addressed. Also refer to the letter sent to Town Counsel from the Planning Board concerning this plan. (Flynn - McClanahan) All in favor. PASSES. Motion: To appoint Planner Quinn Acting Clerk. (Flynn- Caponigro) All in favor. PASSES. o East Street - Applicant: Jarson Realty Trust Motion: To send a positive recommendation to Bertram M. Cook., Inspector of Buildings, with the condition that all comments by department heads be addressed. Also refer to the letter sent to Town Counsel from the Planning Board concerning this plan. (Quinn - McClanahan) All in favor. PASSES. b. "Form A" (ANR) Plans Robert J. Bullock and Folkman and Zola Builders - Eastbrook Road Motion: To sign the "Form A" (ANR) plan for Bullock and Folkman /Zola for property located off Eastbrook Road. (Caponigro- Quinn) All in favor. PASSES. 7. Clerk's Report Correspondence Memo from Thomas E. Dwyer, Town Manager, appointing Richard Lewis as Acting Planning Director and that he will receive a stipend for his time to be deducted from the Planning Department salary account. Vouchers for approval by the Planning Board for Secretary salary; LaCasse Consulting; Bristol office Supply and SRPEDD. Effective with these vouchers, the Planning Board Line Item #2 is depleted. 4 planning Board's Minutes 1984 January III from the Finance Committee in the -5- request is ready, to authorize page °f funds ( Motion: To requestl4 000 {e When said trans fer req -- amount of Madan to sign• PASSES. Acting Chairman M All in favor. Bristol Ca onigro) the vouchers for (Quinn- P Madan to sign Chairman (Money encumbered.) Mot_ i! To auth Supply apd 9 aCasse consulting. Ca onigro) All in favor PASSES. Office uest is approved. (Quinn- P a { ter the transfer req To sign the SRPEDD v all ,her n favor. PASSES. Mot_ °�° (Quinn- McClanahan) the Planning Board to sign Chairman Or the Clerk °f Mot TO authorize the 11 voucher, PASSES• the weekly P Y All in favor' him that onigro) Manage informing end Paid (Quinn -CaP E Dwyer5 Town M a stipend to Thomas that there should be send a letter not agree Copy Board of To s "lanning Board does Director- to the P as Acting Planning to Richard Lewis All in favor. PASSES. Selectmen. regarding (Quinn-Flynn) Engineeringe leted within the Ralph Maloon, RIM was not cOmp the aP- Hoard explaining why this P item #5 of Letter tp Planning laining a waiver of subdivision X and requesting 'Northr (dge day appeal period twenty indefinitely- him that proval. To table this letter informing s request Mot licant of "Northridge Mr. Maloon (Quinn - WITHDRAWN arding the Planning a letter to the app action reg 1988 from -- To Se tinning Bpard has taken to October 21) M°iion. the P letter dated and that the entire Board stands as written. PASSES. (Quinn - Flynn) All in favor• Master Plan. easing notice for Steve Wright, resident Copy of the public h Engineers from bent Swanson' Town this subdivision• of letter to RO completion °f Copy Acres requesting Wind Chime „Maple Hill Estates 1 • �t4aple Hill Estates I Covenant for accept the covenant o favor. PASSES. Mates Motion: onigro) =ion plan "Maple Hill Estates (Quinn -CaP Subdivision Board signed the Definitive Board of Selectmen regardin (Planning this time.) of Appeals to Board Boarc of letter from Zoning Town Meeting• f the Planning Copy Warrant for Over the signatures ° der of Articles for same letter lo send Motion*. the Board of Selectmen. PASSES. ) All (Quinn - Flynn in favor. 5 Planning Board's Minutes January 11, 1989 Page -6- Copy of letter from Planning Board to Thomas E. Dwyer, Town Manager, listing final three choices for candidates to be interviewed for Planning Director posi- tion. Copies of letters to applicants not selected to be interviewed by Town Manager thanking them for their time and interest in Mansfield. Copy of letter from Planning Board to Bertram M. Cook, Inspector of Buildings, regarding site plan for Mobil Oil. Statement of Facts from Zoning Board of Appeals for Proteau; Caponigro; Stearns and Desvergnes. Public Hearing notice for Foxboro. CUPR catalog for Winter 1989. APA Bulletin for January 1989. Journal of the American Planning Association, 8. Variance Requests Gregor Cauldwell 510 East Street (Mansfield Fish and Game) Motion: To advise the Zoning Board of Appeals that this special permit application is in the best interest of public safety and will con- siderably reduce noise and the Planning Board sends a positive recommendation. (Quinn - McClanahan) All in favor. PASSES. 9. Around the Table Michel LaCasse reminded the Planning Board of the Master Plan Public Hearing scheduled for February 7, 1989 at the Mansfield High School at 7:30. Mike also stated he believes February 1, 1989 will be the closing date for the warrant for for the annual Town Meeting the Master Plan would have tr to be held(- possi a possibly some time meinTlateMSpring. 10. Meeting adjourned at 11:00 P.M. CLERK DATE OF APPROVAL 11