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HomeMy WebLinkAboutPlanning Brd Min_411992PLANNING BOARD MINUTES April 1, 1992 � IF c'r r g? JUId 25 Pry 2: to J PRESENT: Chairman Madan, Clerk Cadden PLANNERS: Annino*, Caponigro, Flynn, McClanahan, Quinn Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. 2. 7:30 P.M. - Planning Session Discussion of Municipal Use for Park Row School Planning Director Shaun Burke asked the Planning Board members if they would like to tour the Park Row School prior to making a recommendation on a Municipal use it. The Planning Board will tour the school on Saturday, April 11, 1992, at 9:00 P.M. Planning Board Recommendations on Zoning By -Law Amendments Proposed for Town Meeting Article No. 53 Amendment to Recreation definition MOTION: To support. (Quinn - Flynn) All in favor. PASSES. Article No. 54 Exclusive Use Regulations MOTION: To support. (Quinn - Annino) All in favor. PASSES. Article No. 57 Zoning Map Amendment Sponsored by Donald Bailey MOTION: To support. (Quinn- McClanahan) (4 -3) Clerk Cadden and Planners Flynn and Annino Opposed. PASSES. At this time the Planning Board discussed the pros and cons of rezoning this area to B3. Discussion of Revised Planning Department Budget `The Town Manager has requested all budgets be reduced by four percent The Planning Department accomplished the four percent reduction by reducing, the overtime line item from $2000'to $40 and the Professional \Technical Services line item from $1,300 to $300. MOTION: To write a letter to the Finance Committee- stating because of liability problems, Planning, Boards may soon be required to have attorneys present at meetings. Due to liability problems increasing we Page 2 of 8 Planning Board Minutes April 1, 1992 will require a secretary's attendance at our meetings. cc: Town Manager and Board of Selectmen. (Quinn - McClanahan) All in favor. PASSES. 8:00 P.M. Tara Estates Modification Public Hearing Clerk Cadden read the public hearing notice. Department head comments were also read at this time. Michael Trowbridge presented the plan to the Board and the public. The applicant, East Coast Development, has requested the following modifications: 1. The subdivision be divided into two self - sufficient phases. 2. Lismore Lane be eliminated. 3. One sidewalk be eliminated. 4. Waiver of Lot 44 from the Town's option. Public Input• Paul Fazoli, 20 Shannon Lane: Concerned with water problems from Lot 44; would like to see the effect of other houses before the house on Lot 44 is built. Matt Miller, 15 Shannon Lane: Concerned with water /flooding. John Avery, 7 Shannon Lane: Water problems have increased since June. Concerned with the effect of additional construction in the area on the water table. Jerry Betro, 1110 East Street: Mr.'Betro has lived at 1110 East Street for four years. Water in his backyard has increased in the`past six months. Trees in his backyard are dies from the water. Access to Lot 44. Ken Miller, 1130 East Street: Development of Lots 44 & 45. Michael Trowbridge, applicant's engineer: If the Board grants a waiver of one sidewalk, the elimination of the sidewalk would be equivalent to reducing the subdivision by sixteen houses, as far as water runoff is concerned. Rich Fiely, Representative of Mayfair Realty Trust: Location of Tara Estates Extension. At this time there was discussion of the time frame that Tara Estates would be built in and connection of the Tara Estates Extension roadway to the Tara Estates roadway. Herbert Hoxly, 1148 East Street: Does not see a "difference in the amount of water. Board Comments: s i i i� Page 3 of 8 Planning Board Minutes April 1, 1992 Clerk Cadden referenced a memo from Patrolman Lance Lawson and questioned the engineer about certain items stated in the memo. MOTION: To postpone this hearing until the conclusion of the 8:30 P.M. hearing. (Caponigro - Annino) All in favor. PASSES. *Planner Quinn left the meeting at this time. 4. 8:30 P.M. Beaumont's Pond Modification Public Hearing Clerk Cadden read a letter from Paul Folkman withdrawing the modification hearing and stating that he would like a new hearing set. MOTION: To accept the withdrawal of the modification hearing and advertise for a new hearing on Wednesday, April 29, 1992, at 9:00 P.M. (McClanahan- Annino) All in favor. PASSES. Mr. Souza, an abutter to the Beaumont's Pond subdivision, stated that the withdrawal of the modification is not a problem and that Paul has indicated that a Form A lot line change will be shown on the subdivision plan. Mr. Morrison, an abutter to the Beaumont's Pond subdivision, stated that postponing the hearing is not a problem. *Planner Quinn returned to the meeting. 5. Continuation of Tara Estates Modification Hearing Board Comments Continued Planner Flynn stated that it is distressing to hear the water problems the abutters are having in their basements and yards. Maybe a geological survey should be conducted in the area.' Planner Quinn asked Michael Trowbridge in a general sense why the waivers would be in the best interest of the Town. Planner Quinn also stated that Lance Lawson, Dave Archard, Bob Swanson, and Shaun Burke should discuss roadway.pattern within the subdivision with reference to Patrolman's 'Lawson's "memo. Additional engineering reports are needed in this area to investigate the water problems. Rescission of the plan will prevent transferring lots and liens being placed on lots. Planner Caponigro stated that water tables vary ievery year. Retention basins should be built before an construction with the subdivision begins. I Page 4 of 8 Planning Board Minutes April 1, 1992 Chairman Madan stated that Mr. Fuller of East Coast Development has posted surety and is requesting lots be released from covenant. Chairman Madan asked the Board if they would consider holding an emergency meeting next week to vote on the Bond and Form J Release. A consensus of the Board was in the negative. Planner Caponigro stated that the subdivision plan was approved with both sidewalk so both sidewalks should go in. MOTION: To ask staff, Bob Swanson, Shaun Burke, and Scott Leite, to review the water problem that the residents of Shannon Lane are having and suggest where the water is coining from for our next meeting in two weeks. (Quinn - Cadden) All in favor. PASSES. Planner Quinn stated that if necessary, the Planning Board may hold modification hearings for all subdivisions in the area to make sure all developers sponsor a hydrogeological study of the area. Planner Annino suggested that all dynamiting be stopped. MOTION: To continue the public hearing on April 15, 1992 at 7:30 P.M. (Quinn- Flynn) all in favor. PASSES. MOTION: To table the bond for two weeks. (Quinn- Cadden) (6 -1) Planner McClanahan Opposed. PASSES. A consensus of the Board was to ask the Town Treasurer to check the financial status of the insurance company the bond is being posted with and to make a recommendation to the Board. 6. 9:30 P.M. Eastbrook Estates Continued Modification Hearing Clerk Cadden read a memorandum from Subdivision Inspector Dan Clifford recommending a bond amount for the entire subdivision. James Vadalla, applicant, restated his requests to the Board. j Board Comments:. Planner Quinn stated that the modification plans should have been stamped by ;an, engineer and submitted through the Town =y Clerk's office. The Board should not be discussing the plans. 9 Page 5 of 8 Planning Board Minutes April 1, 1992 James Vadalla stated that he would withdraw that portion of the modification hearing that relates to phasing and creation of an additional lot. Planner Quinn stated that he has no problem with changing the vertical granite to sloped granite in the radii and suggested July 1, 1993 as a completion date. MOTION: To accept the bond amount of $141,000, sloped granite in radii, and monolithic cape cod in the straight -a- ways. The subdivision shall be completed eighteen months from posting of surety. Notes shall be added to the plan stating the waivers that have been granted in the best interest of the Town within the twenty -day appeal period. (Quinn - McClanahan) All in favor. PASSES. MOTION: To close the public hearing. (Quinn - McClanahan) All in favor. PASSES. 7. Rosweood Court Earth Removal Permit Discussion Peter DeGirolamo and Jay Zola were present for this discussion. Correspondence Memo from Patrolman Lance Lawson to the Planning Board Letter from Mansfield School Business Manager, Bob Gurek MOTION: To adopt all of Patrolman Lance Lawson's recommendations. (Quinn - Madan) All in favor. PASSES. Andrea Bonds, a resident of Maple Street, asked Peter DeGirolamo to call once the operation begins. 8. Discussion with Jay Zola Sturbridge Estates Jay Zola stated that he would like to build the right side of Sturbridge Estates only and put the left side on hold. Bonding for the subdivision was also discussed at this time. A consensus of the Board was for the subdivision to according to plan: 9. Correspondence Letter to Bill Madan from Greg Conservation Commission, regarding the Foxboro be built Cauldwell, Chairman, Medigen Facility in s. b C Page 6 of 8 Planning Board Minutes April 1, 1992 The Foxboro Zoning Board of Appeals will be holding a public hearing on April 15, 1992 regarding the Medigen Facility. The Board of Selectmen will be attending this meeting. MOTION: For Shaun Burke to write a letter to the Foxboro Zoning Board from Bill Madan and for Andrea Benda to hand deliver it to the Zoning Board at the April 15, 1992 meeting. (Quinn - Cadden) All in favor. PASSES. Letter from Herb Fuller of East Coast Development withdrawing Tara Estates Modification Hearing. Planning Director Shaun Burke stated that it is his opinion that the applicant has the right to withdraw given that he has requested the hearing. However, the Planning Board should not act on the withdrawal until the public hearing is reconvened on April 15. MOTION: To advertise for a modification hearing to be held April 29, 1992 at 9:30 P.M. under Sections 81T and 81W of the Massachusetts General Laws for the Tara Estates subdivisions including but not limited to drainage. A modification hearing should be held for Sturbridge Estates two weeks later. (Quinn- Flynn) (6 -1) Planner McClanahan Opposed. PASSES. *Planning Director Shaun Burke left the meeting at this time. Letter from Joan Cutillo regarding Letter from Mike Morizio regarding Foxboro Letter from the Planning Board regarding concerns of "MSAR" (Maple Letter from the Tri -Town Chamber Selectmen regarding Lego Land a passbook for Erick Road the Medigen Facility in to the Board of Selectmen Street Area Residents) of Commerce to the Board of Letter from Attorney Jim Lewis to the Planning Board PS'll Farm open space documents regarding 1 Letter to the United States Department of Transportation from the Board of Selectmen regarding the Chauncy Street /North Main Street intersection Letter from Bob Swanson, Town Engineer /Director Department of Public Works regarding the Medigen Facility in Foxboro Pamphlet on dioxins Page 7 of 8 Planning Board Minutes April 1, 1992 10 Memorandum to the Board of Selectmen from the Planning Board regarding the Edgewood Condominiums Zoning Board of Appeals Recommendations: Dorothy Stowe and Marion Muller - 221 and 223 East Street MOTION: To send the Zoning Board a positive recommendation. However, a variance may not be required because the structure predates 1975. (Caponigro - Annino) All in favor. PASSES. John and Jean Barrett - 41 Benefit Street MOTION: This application may require a finding rather than a variance. The Planning Board would strongly support the approval of the plan. (Quinn - Caponigro) All in favor. PASSES. Lincoln Institute of Land Policy First Annual Municipal Law Lecture Series Urban Land Institute Public Hearing Notice for Attleboro JTPG - SRPEDD Ad from Walker Poroswall Pipe Company Letter from Maguire Group Letter from Executive Office of Environmental Affairs MAPD Retreat Reminder Mass Preservation Conference Notice Publications and Services Catalog from National League of Cities IDC Meeting Notice Building Construction for March 1992 Public Discussion > Michael Trowbridge asked the Planning Board why they would not i accept the subdivision bond for Tara Estates and release the lots from covenant. Planner Quinn stated that there are too many questions with the plan at this point. Planner Flynn stated that she does not think the Board should 1 be discussing this out of the public hearing.; Herb Fuller developer. of Tara Estates asked the Board why the bond cannot be ,approved. Mr. Fuller was informed that town staff will be reviewing the water problems in the Shannon Lane area and reporting back to the Board for the April 15, 1992 meeting. Planner Annino_ stated that he is not convinced that the drainage system is going to work. 0 Page 8 of 8 Planning Board Minutes April 1, 1992 Herb Fuller stated that if a modification hearing is needed to revise the retention area, he will do it. MOTION: To reconsider the earlier vote on the bond and take action on it. (Caponigro- Annino) (4 -3) Clerk Cadden and Planners Flynn and Quinn Opposed, PASSES. 11:00 P.M. - PLANNER QUINN LEFT THE MEETING. 11:01 P.M. - PLANNER FLYNN LEFT THE MEETING. MOTION: To accept the bond and release seven lots. (McClanahan- Caponigro) (2 -3) Planner McClanahan and Caponigro In Favor; Chairman Madan, Clerk Cadden, and Planner Annino Opposed. FAILS. 11. ADJOURNMENT 11:05 P.M. Clerk's Signature Date of Approval I