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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