HomeMy WebLinkAboutPlanning Brd Exec. Min_771993PLANNING BOARD'S
EXECUTIVE SESSION
MINUTES
JULY 7, 1993
The topic of discussion during executive session. was Rosemont
Development's appeal of the Planning Board's decision on their
application for a two lot residential compound, Shannon Lane.
Joel Bard, Special Town Counsel, was present during executive
session. He proposed the Planning Board make a Motion for Summary
Judgement on the basis of a jurisdictional issue. The
jurisdictional issue being that the Planning Board did not have
the authority to hear and the applicant, was not entitled to apply
for special permit because, at the time of original approval of
the plan, residential compounds were not an option. The by -law
was not adopted by the Town until after the subdivision plan had
bee approved. The original subdivision was grandfathered under
the zoning that was in effect at the time of approval for eight
years. In order to file for the residential compound, the
applicant would have had to file a waiver of its grandfather
rights at the registry of deeds.
Also discussed by the Planning Board during executive session was
at what point would this appeal become an annoyance suit and what
would prevent the applicant from applying for a residential
compound special permit on Shannon Lane again if the Planning
Board wins on summary judgement (the plan is no longer
grandfathered).
MOTION: To go out of executive session.
(Cadden - Flynn)
Planner Cadden -
Aye.
Planner Flynn -
Aye.
Planner Sullivan
- Aye.
Planner Annino -
Aye.
Clerk McClanahan
- Aye.
Planner Caponigro
- Aye.
Chairman Madan -
Aye.
1A
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Planner Flynn stated that she feels that the replication area
should be constructed at the start of first phase, not during
the first phase.
Vote:
Planner Caponigro - In favor. In think it is a cell- designed
cluster development. It complies with zoning, and I think
that all the concerns of the neighborhood have been taken into
consideration.
Clerk McClanahan In favor. I think that the cluster
development is the best use of this land.
Planner Annino -- In favor of granting the special permit. I
believe that this is a good use of this land and the best
proposal we have seen for this site because of the open space,
trail to the school, amenities of the site, and aesthetic
changes.
Planner Sullivan ° In favor. I think the developer has put a
lot of thought into the layout, taking into account the
natural features of the land. The use of the cluster
development on this site is superior to a traditional layout
because of the open space.
Planner
Flynn --
In favor of
granting the special
permit. I
think it
is in
harmony with
the purpose stated
for cluster
zoning.
It. is
more attractive
than a traditional.
subdivision
and is consistent
with Plaster
Plan zoning and the preservation
of open
space.
Six
In Favor
-- Zero
Opposed
SPECIAL PERMIT IS
GRANTED
8:00
P.M. -
Vickery
Estates
- Continued Public
Hearing
Clerk McClanahan read the Traffic Safety Officer's comments
regarding construction of this subdivision,
Ralph Mal.00n of Rim Engineering presented revisions made to
the plan and submitted a letter requesting a waiver of Section
5.3.2.7.5 of the Rules and Regulations Governing the
Subdivision of Land.
Public Discussion
Lenny Flynn, 102 Jewell Street, stated that he is a member of
the Natural Resources Trust and expressed concern regarding
the subdivision owner granting an easement to provide access
to town - -owned land.
3:00 P.M. -- Appletree Farm Continued Public Hearing
Request from Allen Willis to the continue the public hearing
to August 4, 1993.
MOTION To continue the public hearing to August 4, 1993, at
8:00 P.M.
(McClanahan -- Annino) All in favor. PASSES.
Planner Sullivan stated that he would feel more comfortable
with the addition of a thirty foot easement to provide access
to town -owned land over Parcel 3.
Clerk McClanahan read a memorandum to the Planning Board from
the Engineering Department.
Planner Annino expressed concern over figures used in the
E.I,S.; more current: dates should be used. Planner Annino
also questioned the cul-de-sac island planting detail and
suggested that flowering trees be used.
Shaun Burke, Director of Planning and Development, stated he
feels that all the issues have been addressed tonight and that
there are no outstanding issues.
MOTION: To close the public hearing.
(McClanahan- Cadden) All in favor. PASSES.
MOTION: To grant a waiver of Section 5.3.2.7.5 of the
Subdivision Rules and Regulations.
(Cadden--Annino) All in favor. PASSES.
MOTION: To approve the subdivision plan with the following
conditions:
1. The cul -de -sac island shall comply with the Town's
standard cul-de-sac detail.
2. An easement to the Town of Mansfield shall be
added to this plan within twenty day appeal period.
The purpose of this easement is to provide access to
land owned by the Town of Mansfield. Said easement
to be thirty (30') feel: in width, located on the
southerly side of the subdivision, crossing Parcel 3
in the vicinity of the existing cart path extending
from a point shown as a "30' contemplated way" to the
centerline of the Rumford River.
3. Completion of all roadways, drainage areas, and
other improvements required by the Rules and
Regulations Governing the Subdivision of Land shall
be within two (2) years from the date of posting of
surety or release from covenant. This note shall be
written on that portion of the plan recorded at the
Registry of Deeds.
4. Prior to requesting any certificates of occupancy
for any structure on Newell Lane, all street lights
and the fire alarm system shall be fully operational.
In the case of the fire alarm system, it shall be the
5
owner's or developer's responsibility to extend the
fire alarm cable to the location of the nearest
existing municipal. fire alarm circuit. It shall be
the developer's responsibility to pay for the cost of
lighting until the time of acceptance of the way at
Town Meeting.
5. "Title to each lot shown on this plan is subject
to the right reserved to the common grantor to convey
to the Town of Mansfield an easement with respect to
the streets and ways are commonly used in the Town of
Mansfield, upon acceptance of such streets and way s
by the Town." This note shall be added to the
subdivision plan.
6. Any and
all
subsequent
purchasers of this
development or
any
phase of this
development shall be
bound by all
the
requirements
set forth in this
approval.
7. All notes
shall
be written on
that portion of the
subdivision plan
to
be recorded
at the Registry of
Deeds.
8. Failure to comply with all of the conditions of
this subdivision approval will result in revocation
of said approval.
9:00 P.M. Four Lot East Street: Residential Compound
Clerk McClanahan read a memorandum to the Planning Board from
Robert Swanson, DPW Director Town Engineer
Michael Trowbridge of Hutchins - Trowbridge Associates presented
revisions made to the plan.
Public Discussion:
Louis PlcAusland, 711 East Street, stated that she does not
approve of the residential compound but that she would approve
of a traditional subdivision development more so than
anything.
Lynn Johnson, 715 East Street, stated that she is in favor of
approving the development.
P.J. Venturilli, resident of Arlington, stated that she would
like to purchase one of the homes within the residential
compound.
Louis Paston, resident of Easton, stated that she is
interested in purchasing a home within the residential
compound and hopes that the development is approved.
Board Member Comments:
Planner Flynn asked if the house already built on East Street
is a part of the residential compound and what the residential
compounds frontage is on East Street.
Planner Sullivan asked which type of erosion control is
proposed for the site, hay bales or a silt fence, and stated
that he would like to see both used. Planner Sullivan also
asked what the minimum width of the entrance driveway is.
Planner Flynn asked what the width of the entrance drive is
and what the proposed width of the paved driveway is.
Shaun Burke, Director of Planning and Development, questioned
the number and height of trees proposed as a buffer to 711
East Street. The Planning Director also referenced a
memorandum from the Town Engineer regarding tying into a
manhole on East Street and repaving the intersection and asked
the applicants if it would be a problem. Perry DiMascio
stated that it Would not be a problem.
Planner Flynn asked what the length of a traditional
subdivision roadway would be in comparison to the residential
compound driveway.
Planner Annino asked if any street trees are proposed and
questioned the landscaping plan.
MOTION: To close the public hearing.
(McClanahan -- Flynn) (3 °4) Planners Cadden and
Caponigro and Clerk McClanahan In Favor. FAILS.
Planner Flynn began a discussion of the open space document
submitted for the proposed residential compound stating that
it should be clearly stated within the document that areas
labeled as open space should stay in their natural state in
perpetuity.
The Planning Board took the following concensus.
Planner Sullivan stated that at this point he favors the
conventional subdivision.
Planner Annino stated that he thinks that this. is probably a
better use of the land, than a conventional subdivision and
that he would like to see a new landscaping plan.
Clerk McClanahan stated that he is in favor of the concept.
Planner Caponi_gro stated that he is in favor of this concept
over the conventional subdivision.
Chairman Madan stated that he is leaning towards the
residential compound.
MOTION_ To continue the public hearing to July 21, 1993 at
8:00 P.M.
(McClanahan- Annino) All in favor. PASSES.
6. Correspondence
Request for a 90-day extension of an earth removal. permit from
A]. Paglia to the Planning Board
MOTION: To grant the extension.
(McClanahan - Annino) All in favor. PASSES.
Memorandum to the Planning Board from Bob Swanson, DPW
Director /Town Engineer, regarding Reclamation and Paving of
Maple Street from Franklin Street: to the Easton Town Line
Request from Al Cudleback requesting a release of the
remaining surety for Day Avenue; recommendation from Dan
Clifford, Subdivision Inspector, to release the remaining
surety for Day Avenue, and memorandum from Bob Swanson, DPW
Director, regarding Day Avenue
MOTION: To release.
(McClanahan- Fl),nn) All in favor. PASSES.
Form J Lot Release for Forest Park
MOTION: To sign.
(Annino °Cadden) All in favor. PASSES.
Letter to Paul Folkman from Shaun Burke, Director of Planning
and Development regarding Sturbridge Estates
Letter to Herb Fuller from Shaun Burke, Director of Planning
and Development regarding Alchemist Court
Memorandum from William Williams, Town Manager, to the Finance
Committee regarding Attorneys Fee Transfer. Request
Memorandum from William Williams to Department Heads regarding
No Smoking Policy
Memorandum to Joan Cutillo, Town Treasurer, from Shaun Burke,
Director of Planning and Development, regarding taxes on
current development in Mansfield
Letter from Herb Fuller, East Coast Development, to Shaun
Burke, Director of Planning and Development, regarding South
Park Lane
Letter to Bert Cook, Inspector of Buildings, from Bob Swanson,
DPW Director, regarding Stop R Shop Site Plan Review
Letter to David T. Gay from Volterra, Goldberg, & Mangiaratti
regarding The Elms subdivision
Letter from the Board of Selectmen to the Planning Board
regarding the Groundbreaking Ceremony for the Plymouth Street
Recreational Facilities
Zoning Board of Appeals Statement of Facts
David M. Bielan, 46 Benefit Street, GRANTED
Herbert M. Wurth and Joyce Fisher, Barbara Road /Judy's Lane -
DENIED
David J. O'Connor, 27 Chestnut Street, GRANTED
Zoning Board of. Appeals Recommendations
Richard & Susan Charbonnier - 21 Newton Street
MOTION: To send a positive recommendation to the Zoning Board
of Appeals.
(McClanahan - Caponigro) (3 -0--4) Chairman Madan and
Planners Annino, Flynn, and Sullivan Abstain,
PASSES.
Richard Bodio - 19 Necco Road
MOTION: To send a positive recommendation to the Zoning Board
of Appeals.
(McClanahan - Cadden) All in favor, PASSES.
New England Tire -- 515 South Main Street
MOTION: Not to send a recommendation because the plans
submitted with the application are incomplete and
therefore inadequate. New plans should be submitted
showing what the proposed signs would look like.
(Annino °McClanahan) (6 -1) Planner Caponigro Opposed,
PASSES.
John Morse - 34--36 South Main Street
MOTION:. To send a negative recommendation to the Zoning Board
of Appeals because in the Planning Board's opinion,
the Town Meeting established a specific residential
density for the locus when adopting Mansfield's
Zoning By -Law; to increase that density through the
grant of a use variance is not recommended. It is
also the opinion of the Planning Board that the
applicant is proposing an expansion of a non-
conforming use which strongly derogates from the
intent of the Zoning By -Law.
(McClanahan- Annino) All in favor. PASSES.
Carlos Andrade - 45 Chauncy Street
MOTION_. To send a negative recommendation to the Zoning Board
of Appeals expressing the Board's concern of the
addition of a drive -up window to this already
congested parking area, which may result in a
Lastiv, Shaun Burke referenced a handout containing Town of
Groton Fee Schedules and Regulations Governing Fees and
suggested the Board review the fee schedules and think about
changing Town Counsel and adopting the fee schedule, changing
Town Counsel or changing the fee schedule, or neither.
MOTION: To send a letter to the Board of Selectmen requesting
expansion of the Planning Board's meeting room to
include the Veteran Agent's office space.
(Flynn-- Annino) All. in favor. PASSES.
9. ADJOURNMENT - 10:50 P.M.
Clerk's Signature
•(� IC13
Date of Approval