HomeMy WebLinkAboutPlanning Brd Min_471993PLANNING BOARD
MINUTES
April 7, 1993
Present: Chairman Madan, Clerk Cadden
Planners: Caponigro, Flynn, Sullivan
Shaun P. Burke, Director of Planning and Development
1. 7:00 P.M. - JOINT MEETING WITH THE BOARD OF SELECTMEN
In addition to Shaun Burke, Director of Planning and
Development and the above Planning Board members, the
following people were present for the joint meeting with
the Board of Selectmen:
William F. Williams, Town Manager
Richard Gellerman, Special Town Counsel
Amos Robinson, Selectman
Diane Royle, Selectman
Douglas Ronald, Selectman
Richard Gellerman, Special Town Counsel, gave a brief
background of the Bird Road agreement and the work which
has taken place since the agreement was signed in 1990.
Attorney Gellerman stated that there is presently'$78,000
$80,000 in an escrow account for completion of Bird Road.
The completion date for the installation of the Binder
course was November 1992. Notice has been sent to the
parties of the agreement advising them that they are in
default of the agreement and specifying a 45 -day cure
period. At the expiration of the forty -five days, if the
parties are not in compliance with the agreement, the
Town may use the money in the escrow account to complete
Bird Road; however, the current amount in the escrow
account is not sufficient to complete the roadway.
More specifically discussed at the joint meeting was
Ralph Frams request for the release of his third lot
(21B) from the agreement. The agreement allows the
release of two "free" lots for each party. Additional
releases require a deposit into an escrow account $40,000
or the sale price of the lot, which ever is greater. Mr.
Fram would like to wait to put money into the escrow
account until after the closing on the lot, not before
the release of the lot, which is of concern to the
Planning Board.
Discussion during the joint meeting was regarding the
purpose of the escrow account, cost to complete the
roadway, number of lots still under the Bird Road
agreement, liability Planning Board may incur releasing
PLANNING BOARD MINUTES
APRIL 7, 1993
PAGE 2 OF 5
- -'dots without water service, concern of releasing Mr.
.;.Pram's third lot without money being ,placed in escrow
account, possiblity of setting up ameeting with the
::Parties to the agreement.
.Attorney Gellerman noted that the-: Planning Board can
attach conditions to its release such as Bird Road must
be at binder course up to the subject subdivision.
Attorney Gellerman also stated that if any abutter
(within the agreement) is unable to sell a lot solely
because the Planning Board's failure to agree that the
lot has safe and adquate access, the agreement will be
null and void.
* Residents of Bird Road, Maureen and Raj Marken and
expressed concern regarding complaince with the
Bird Road agreement.
MOTION: To go into executive session to discuss
litigation.
(Flynn - Cadden)
Caponigro - Aye.
Cadden - Aye.
Sullivan - Aye.
Flynn - Aye.
Madan - Aye.
MOTION: To go into
litigation.
( Royle- Arnold)
Royle - Aye.
Arnold - Aye.
Robinson - Aye.
executive session to discuss
PLANNING BOARD MINUTES
APRIL Z, 1993
PAGE 4 OF 5
2. „JQINT.PLANNING BOARD /BOARD OF SELECTMEN MEETING CONTINUED
MOTION: In the spirit of .cooperation, the Planning
Board_ supports the..Board of Selectmen.
(Caponigro- Flynn) WITHDRAWN.
3. 8:40 P.M. - LAND USE STUDY WORKSHOP
Both Land Use Study consultants, Rick Taintor' and Mark
Bobrowski „were present for this workshop.
The workshop began with Mark Bobrowski giving a
presentation of .,his findings from an analysis he
conducted of Mansfield's existing zoning, a copy of the
report is attached. Attorney Bobrowskis's presentation
was broken into four parts, the first being a general
disucssion of the area being studied, second overlay
districts, third, Administrative concerns, and lastly,
housekeeping items
Following Attorney Bobrowski's presentation, Rick Taintor
Presented the results of his build -out analysis (copy
attached) for the study area, Mr. Taintor's build -out
analysis was based upon his interpretation of the poorly
drained soils by -law that would make a large portion of
the land within the study area unbuildable.
Planning Board members asked questions at the conclusion
of each of the presentations. Questions were concerning
interpretation of the poorly drained soils by -law,
estimated time frame of total build -out, effect of
abutting land in Norton, and location of NRT land.
4. CORRESPONDENCE
Memorandum from Joseph Pasquale, Chairman, Board of
Selectmen, to the Chairmen of all Boards, Committees,
and Commissions regarding a workshop meeting
Chairman Madan stated that he may be unable to attend the
workshop because he has another meeting scheduled for
that evening.
MOTION: To send a letter to the Board of Selectmen
stating that the Planning Board is in favor of
them releasing lot 21B under the Bird Road
agreement.
(Caponigro - Sullivan) All in favor. PASSES.
Letter to Harrington & Matto regarding drainage within
the Pheasant Hollow subdivision