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HomeMy WebLinkAboutPlanning Brd Min_341992PLANNING BOARD MINUTES March 4, 1992 PRESENT: Chairman Madan, Clerk Cadden PLANNERS: Annino, Flynn, McClanahan, Quinn n ( ((i 2, P19 Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. 2. 7:30 P.M. - Discussion with Abutters to Beaumont's Pond Estates Some of the abutters to the Beaumont's Pond subdivision that were present during the discussion were: Ralph Penney, 336 Maple Street Ken Kilburn, 318 Maple Street Bill Donovan, 308 Maple Street Bill Morrison, 328 Maple Street Phoenix, 440 Maple Street Paul Folkman was also present during the discussion. The following concerns were expressed at this time: Construction easement across Mr. Penney's lot Retaining wall on Mr. Penney's lot Drainage onto adjoining property Extension of Joanna Drive to Maple Street Status of Old Maple Street Form A (ANR) Plan for Lot 18 Jurisdiction of certain items discussed i 8:00 P.M. MOTION: To open the public hearing for Eastbrook Estates and continue it until the conclusion of this hearing. (Quinn- McClanahan) All in favor. PASSES. Completion of Foxboro portion of subdivision in relation to portion in Mansfield 8:30 P.M. MOTION: To open the public hearings for the zoning 3. amendments and continue them until the conclusion of the Eastbrook Estates { modification hearing. ,J .( Annino- Flynn) All in favor. PASSES. 8:30 P.M. - Eastbrook Estates Modification Hearing Clerk Cadden read the public hearing notice and a memorandum k= from Dan; Clifford, Subdivision_ Inspector, to Shaun Burke, Director. of Planning and Development, requesting the bond k" amount be set for $66,000 for a portion of Necco Road. 4; f: V� r Page -2- March 4, 1992 Planning Board Minutes 4 Paul Folkman represented James Vadalla, developer of the subdivision, during this hearing. Mr. Folkman requested the Board approve the recommended bond amount, approve a phasing plan for Necco Road, approve a lot line change which would create an additional lot, and grant a waiver to allow the use of sloped granite edging in the radii and cape cod berm. Board Member Comments Planner Flynn asked why the applicant is requesting the curbing type be changed. The new curbing type would match the existing curbing on Marjac Way in Echo Hills. Planner Quinn asked if six lots are being made out of five lots under the new or old zoning. Phasing of three or four lots. Planner Annino stated a concern of approving a subdivision with a certain number of lots and modifying the plan to add an additional lot. Change in berm. Planner McClanahan stated that he would like to get a legal opinion from Town Counsel regarding adding a lot to an approved subdivision plan. A consensus of the Board showed that five out of six members are concerned with phasing the lots and reconfiguring the lots to create an additional lot. A consensus of the Board was also favorable to ask Mr. Burke to research subdivisions that have been phase in the past and the number of lots in each. MOTION: To continue the hearing to Wednesday, April 1, 1992, at 9:00 P.M. (Flynn- Quinn) All in favor. PASSES. 9:06 P.M. - Zoning Amendments Public Hearing Clerk Cadden read both public hearing notices for both the citizens petition and proposed Zoning By -Law amendments sponsored by the Planning Board. MOTION: To continue the Zoning By -Law amendments public hearing until the conclusion of the hearing for the citizens petition. (McClanahan - Cadden) All in favor. PASSES. Attorney Charlie Mulcahy represented the petitioners, Mark and Kathy Crichton; " Attorney Mulcahy; presented the rezoning petition; to the.Board and public. Page -3- March 4, 1992 Planning Board Minutes PUBLIC COMMENT Robert Morrison, 194 Spring Street - Does not see a problem with rezoning the area; the surrounding area is mainly business zoned. Larry Bedard, North Main Street - In favor of rezoning. BOARD MEMBERS Clerk Cadden stated that there are other areas in Town where the petitioner's business would be allowed. Clerk Cadden also read allowed uses allowed in the Business 3 zone. Planner Quinn inquired about the zoning of the area around the parcels of land proposed to be rezoned. Planner Annino inquired about the the parcels proposed for rezoning. if the existing structure would be changed to B3. He also asked if in B3. They are not. Chairman Madan stated that there land available. zoning across the street from Planner Annino also asked conforming if the zone was residential homes are allowed is not an overabundance of B3 Planning Director Shaun Burke stated that he is concerned with encroachment of a business zone on residential area. At this time, the Board discussed spot zoning. MOTION: To close the public hearing. 1 (Quinn - Flynn) All in favor. PASSES. MOTION: To give a positive recommendation to Town Meeting. (McClanahan - Quinn) WITHDRAWN. The public hearing for Zoning By -Law amendments sponsored by the Planning Board was opened at this time. The following proposed Zoning By -Law amendments were discussed during the public hearing. Section 3.2 Classification of Extensive Uses, paragraph 3.2.4, by adding a second sentence to the current definition, or take any action in relation thereto: FROM: Recreation: Golf course, riding stable, playground and play fields, swimming, tennis and similar non - municipal recreation facility. Page -4- March 4, 1992 Planning Board Minutes 1M 3.2.4 Recreation: Golf course, riding stable, playground and play fields, swimming, tennis, and similar non - municipal recreation facilities. In addition, temporary outdoor recreational events such as festivals or fairground type events may be permitted. To see if the Town will vote to amend Section 3.1.1 Schedule of Principle use regulations by: 3.2.1 Agriculture, 3.2.2 Greenhouse, 3.2.6 Forestry becoming uses by right rather than special permit in the R -3 Zone. 3.2.4 Recreation becoming a use by right in the Airport Zone. 3.4.5 Day Care Center becoming a use by right in all residential zones. Adding a column titled "SPA" (Site Plan Approval). Or take any action in relation thereto. 5. Discussion with Bill Yetman - Erick Road Memo from Dan Clifford, Subdivision Inspector, to Shaun Burke, Director of Planning and Development, recommending that the bond be set at $253,684. Breakdown of bond amount. , MOTION: To send a letter to the Engineering Department and Board of Selectmen informing them that Erick Road is a private way and questioning the legality of a sewer line being put in by the Town. (Quinn - Annino) All in favor. PASSES. MOTION: To approve the bond amount of $253,684 to guaranty construction of the roadway. (McClanahan- Flynn) (4 -2) Chairman Madan and Planner Quinn Opposed. PASSES. 6. Discussion with Michael Trowbridge - Cottage Street Extension Letter from Volterra, Goldberg & Mangiaratti regarding a release from covenant for Cottage Street Extension Letter to Michael < McClanahan from the Mansfield Electric ( Department Letter from Judy Scott, Town Clerk, to Michael McClanahan Letter from the Board of Assessors to Michael McClanahan Memo from the Engineering Department to the Building Inspector Page -5- March 4, 1992 Planning Board Minutes Michael Trowbridge stated that he was representing Albert Boldrighini, owner of the Cottage Street Extension subdivision, and requested a release from covenant for Lot 1 within the subdivision. MOTION: To release Lot 1. (Annino- Quinn) All in favor. PASSES. 7. Discussion with Paul Folkman & Peter DeGirolamo regarding Rosewood Court Gravel Removal Permit Planner McClanahan returned to the meeting at this time. Peter DeGirolamo requested the Planning Board reconsider some of the conditions that were placed on the gravel removal permit granted by the Planning Board for the Rosewood Court subdivision, specifically, work hours, frequency of loaded trucks, and completion date. Main concerns expressed during the discussion was public safety. It was suggested that Mr. DeGirolamo put together a plan so that he can work efficiently and preserve the public's safety at the same time. Public Comment Andrea Bonda, a resident of Maple Street, stated that she was concerned with the large trucks traveling on Maple Street; it will increase the potential for accidents. MOTION: To send a letter to Lance to request that he look into the issue. I (McClanahan - Quinn) All in favor. PASSES. MOTION: For Paul Folkman to submit information on the following issues to the Planning Board: Truck routes that will be used, proposal for keeping the children in one location while waiting for the busses, trucking schedule, and bussing schedule. (Flynn - McClanahan) All in favor. PASSES. 8. Correspondence Letter from Attorney Jim Lewis covenant Memo to Dave Archard, Assistant' Burke, Director of Planning and acceptance letters to residents regarding Mill Farm Estates Page -6- March 4, 1992 Planning Board Minutes Memo to William Williams, Town Manager, from Shaun Burke, Director of Planning and Development, regarding street acceptances Letter from Amtrack Zoning Board of Appeals Statement of Facts Leo and Joanne Scally -5 Hartford Road - GRANTED James and Audrey Crockett -972 Maple Street - GRANTED Zoning Board of Appeals Recommendations Jean Chintalan - 104 Mill Street MOTION: To send a positive recommendation to the Zoning Board of Appeals. (Annino- Flynn) All in favor. PASSES. Direct Brochure The Sixth National Conference on Business Incubation: Standing on Our Own; Outstanding Together MAPD - registration Form for the Fifth Annual retreat Ad: East Coast Mapping Letter from 1000 Friends of Massachusetts Seed Corporation Annual Report Second Regional Training Seminar by MOD and MCAD Public Hearing Notices For: Norton No. Attleboro Rehoboth Attleboro Means Ads: Site Work and Landscaping Cost Data 1992 Mechanical Design and Estimating Reference Set Repair and Remodeling Cost Data Lincoln Filene Center Environmental Citizenship Program Spring Course: Environmental Law and Enforcement Community Development Digest Building Permits Law Bulletin Lincoln Institute of Land Policy Staples catalog Building Construction for the Month of February 9. Form A (ANR) Plans Sandy Hill Estates Realty Trust - Jonathan Road MOTION: To table. (Quinn -NO SECOND) MOTION: To approve. (Flynn- McClanahan) (4 -0 -2) Clerk Cadden and Quinn Abstain. PASSES. 10. Adjournment - 11:00 P.M. Clerk's Signature Datb of Approval Planner