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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 4 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