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HomeMy WebLinkAboutPlanning Brd Min_1919911- PLANNING BOARD'S % . MINUTES January 9, ,:-f'J LJ PRESENT: Chairman Madan, Clerk McClanahan[' PLANNERS: Annino, Cadden, Caponigro, Flynn, y Q,i 1n� ? �„ , 1,-Pi z.. -. i_< < 0 Shaun P. Burke, Director of Planning and Development 1'1; i it .t 1. Meeting called to order at 7:30 P.M. ;, , *7:33 Clerk McClanahan entered the meeting. 2. Correspondence Request from Home Developers and recommendation from Dan Clifford, Subdivision Inspector, to release $40,000 for the Green Acres subdi- vision. MOTION: To release the above amount. (McClanahan- Quinn) All in favor. PASSES. Letter from Allen Willis to the Planning Board regarding TreeTops street name change MOTION: To send Mr. Willis a letter with a copy of the original request to change the street name "Hickory Terrace" and state that this is a public safety issue. If he does not change the street name within two weeks, the Planning Board will hold a modification hearing for TreeTops estates and change the name at that time. If a modification hearing is held, it will be done at Mr. Willis's expense -- advertising and certified mailing costs. (Quinn - Flynn) All in favor. PASSES. Memo from Dan Clifford to Shaun Burke regarding modification hearings to establish completion dates MOTION: To send a copy of the memorandum to the Board of Selectmen along with a pending business list. (Quinn - McClanahan) All in favor. PASSES. Letter to Doug Annino from the Board of Selectmen regarding his reappointment t the Planning Board Letter to Michael Cadden from the Board of Selectmen regarding his appointment to the Planning Board Letter from the Planning Board to Lance Lawson thanking him for his time, dedication, etc. Letter from the Planning Board to Bert Cook thanking him for his time, dedication, etc. Memo from Joan Cutillo, Acting Town Manager, to all Board's and Committee's regarding articles for the annual Town Meeting Copy of a letter to the Clerk Magistrate from Robert S. Mangiaratti regarding Konstantinos Boutas vs. Mansfield Planning Board Letter from Town Counsel to the Planning Board regarding non - criminal disposi- tion Letter from Edmund Brennan stating that a summons has been file for the recission of Shamrock Estates Copy of response filed by Town Counsel to the above summons Memo from Dan Clifford to Shaun Burke regarding Balcom Ridge I bond with Capitol Bank Letter from the F.D.I.0 regarding the Balcom Ridge I and III Letters of Credit with Capitol Bank 1 MOTION: To send a letter to the Building Inspector rescinding approval of the Form 7 for Balcom Ridge I and to send a letter to Nick Harris directing him to submit surety to the Board for Balcom Ridge I within sixty days. If. substitute surety is not posted within sixty days, the Planning Board will exercise all of its options. (Quinn - Caponigro) All in favor. PASSES. Letter to the Board of Selectmen from Stephen Wright regarding Windchime Acres Memo to the Town Manager from Shaun Burke, Planning Director, regarding Windchime Acres 3. 8.00 P.M. - Birch Tree Estates - Continued Public Hearing Letter from Garen Bresnick, applicant's attorney, requesting the application for this subdivision plan be withdrawn and the filing fee refunded MOTION: To send a letter to Garen Bresnick accepting the withdrawal without prejudice and stating that the Board voted to refund the filing fee in the amount of $3 ,939.97 for this submission only. The Plan- ning Board will entertain a new filing at a later date that is separate and apart with the appropriate fees and plans. (Quinn - Annino) All in favor. PASSES. 4. 8.05 P.M. - Mill Farm - Continued Definitive Plan Public Hearing 8.05 P.M. - Mill Farm - Continued Special Permit Hearing 8_:05 P.M. - Mill Street - Continued Scenic Road Hearing Correspondence Letter from the Conservation Commission regarding the open space Board Comments Quinn - Would like the open space to go to the Conservation Commission with the approval of the Board of Selectmen Caponigro - Would like the open space to go to the Town. McClanahan - Cut on Mill Street /Grading Would like the open space to go to the Conservation Commission Annino - Existing vegetation in open space areas? Planting types should be shown on the plan as well as terrain type. Quinn - During the appeal period a letter of intent will have to be signed by the Board of Selectmen or the Conservation Commission to accept the land in its natural state as viewed by the Commission. Marilyn Oulette, Conservation Commission - Ownership of the open space Flynn - Open space finger between lots, liability, maintenance, supervision Homeowners of abutting land John Rhodes, Conservation Commission - No problem with fingers of land. They may provide access to the open space. Annino - Fingers should be private ownership Cadden - The open space should go to the Conservation Commission. Ben Flint -832 East Street - Would like the open space to be phased with the cluster phases. Shaun Burke, Planning Director - Phasing of the open space. There should be a restrictive covenant for the open space which states that parking, building, and active recreation is prohibited. There should also be definition of uses for the open space Concensus - Open Space shall be used for passive or active recreation: Passive Only. 2 The lots abutting the "finger" open space should have a ten foot easement on that portion directly abutting the open space to allow for the open space to remain in its natural state. Trail access shall be through two stated lots only. Flynn - The open space should remain in its natural state. John Rhodes, Conservation Commission - Open space recreation type. Phasing of Open Space Concensus - No. Phasing of Construction Concensus- Yes. The Board discussed what would actually be considered substantial action. The applicant requested a continuance until January 23, 1991 and a final action date of January 31, 1991. MOTION: To accept the extension of the deadline date until January 31, 1991. (Quinn - Caponigro) All in favor. PASSES. MOTION: To continue the scenic road, cluster development, and definitive plan hearings on January 23, 1991 at 8:00 P.M. (Quinn - Caponigro) All in favor. PASSES. 5. 9.00 P.M. HighView Estates - Continued Public Hearing Request for an extension of the final action date until February 23, 1991 and continuance of public hearing until February 13, 1991 MOTION: To continue the hearing on February 13, 1991 at 7:30 P.M. (Flynn - Annino) All in favor. PASSES. 6. Correspondence Continued Zoning Board of Appeals Statement of Facts David Champagne - 170 Stearns Avenue - Denied Zoning Board of Appeals Recommendations Norman Vickery - Determination /Finding - 515 South Main Street MOTION: To send the following recommendation to the ZBA: The application would not be considered a change in use if only light -duty equip- ment is sold and repaired on site and storage is inside. (Caponigro - Quinn) All in favor. PASSES. Stephen Brill - 888 South Main Street MOTION: To send a negative recommendation to the ZBA for the following reasons: 1. Major derogation from the intent of the Zoning By -Law. 2. This is not a continuous use. 3. The present use of parking on this site does not grandfather this item. 4. This would require a special permit because it is in the Reservoir District. (Quinn- McClanahan) All in favor. PASSES. East Coast Development - 360 Chauncy Street MOTION: To send a negative recommendation for the following reasons: 1. Major derogation from the Zoning By -Law. 2. The applicant should petition for a zoning change at Town Meeting. (Motion continued on next page.) 3 3. This is an inappropriate use for the area. A. This would cause serious public safety issues on Chauncy Street. (Quinn - Annino) (3 -2 -2) Planners Quinn, Annino, and Flynn in favor. Planners Cadden and Caponigro opposed. Clerk McClanahan,Chairman Madan abstain. The Beacon (' Land Use Manager Ad - Means Site Work Cost Data 1991 Planners Bookstore: Big Ideas for Small Towns Workshop: Spatial Information Systmes in New England MACC Newsletter 100 Friends of Massachusetts Attleboro Public Hearing Notice North Attleboro Public Hearing Notice HWIT Newsletter Building Construction for Decemeber MAPD Resources and the Environment Means Electrical Cost Data 1991 Letter from Connery Associates Means Building Construction Cost Data 1991 APA National Planning Conference First District Facts for October and November 7. Form A (ANR) Plans Chace /Connell Pine Street MOTION: To sign. (Caponigro- Quinn) All in favor. PASSES. B. Around the Table Planner Annino informed the Board that the search for the Town Manager has ended and that the Town Manager search committee and the Board of Selectmen made the same choice for the new Town Manager. Planner Quinn updated the Board on the Capital Improvement Committee meetings. Shaun Burke, Planning Director - Informed the Board that Linda Sohn will have to resign from the Canoe River Aquifer Advisory Committee before Tony Caponigro can be on it. NOTION: To send a letter to the Board of Selectmen asking them to appoint Tony Caponigro to the Canoe River Aquifer Advisory Committee. (Quinn - Flynn) All in favor. PASSES. The Planning Director also informed the Board of the proposed by -law amend- ments, meeting with the Finance Committee, and that he would like the Board to approach Representative William Vernon to ask him to bring to Beacon Hill idea of allowing community discretion in acceptance of surety. MOTION: To advertise for the zoning by -law amendments hearing. (Quinn - Annino) All in favor. PASSES. MOTION: To send a letter to Bill Vernon regarding acceptance of surety types. (Quinn Anrkinp) All in favor. PASSES. 9. 10:50 ". - Clerk's Signa re Date of p 4