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HomeMy WebLinkAboutPlanning Brd Min_5319953") PLANNING BOARD 1VIINU1'ES MAY 3, 1995 1 i3 PRESENT: Chairman French, Clerk Sullivan PLANNERS: Bonda, Dolan, Flynn, McShane, Trombetta Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. 2. Public Hearing continued - Eastl►eld Village The clerk read a request from the applicant to continue the public hearing until May 24, 1995 at 8:30 P.M. Motion: To continue the public hearing until May 24, 1995 at 8:30 P.M. (Flynn - Bonda) All in favor. PASSES 3. Correspondence 1. Letter from Shaun Burke to Arty Mangiaratti RE: Endorsement of a previously approved subdivision plan and response. Planner McShane abstained. 2. Letter from Mr. Burke to Attorney Mangiaratti RE: Back Bay Circle and response. 4. Discussion of George Fram Estates Attorney Alan Gottleib, representing Kevin Kelley of Bull Contracting, explained his client had been in discussion with owner Ralph Fram about buying the front seven lots and building a temporary cul -de -sac approximately 850 feet long. Bull also plans to rough out the other road and loop the water, and buy and finish the back lots after selling the front seven. Bull proposes to submit a bond for all the work and the water. Mr. Burke explained the plan was submitted as a preliminary prior to the Master Plan zoning changes in 1989 and included a number of Form A lots and one large lot that runs to the Foxboro line. A condition of the plan had been the completion to binder of Bird Road, which has been done. Under the original approval, the lots were 30,000 square feet with 120 feet of frontage, and the maximum cul -de -sac length was 650 feet. Mr. Burke said if the board decided to allow the phasing of this plan, it would have to allow a waiver on the cul -de -sac length, which is now 850 feet. Planner Trombetta asked when the lots in the back would be developed. Attorney Gottleib explained the would depend on the market conditions, but added the developer would bond the fast lots and leave the rest under the original covenant. Planner Flynn asked why Bull did not want to build the whole subdivision. Attorney Gottleib explained that right now, Bull and Ivh•. Fram have an agreement regarding only the front seven lots. Planner Flynn was concerned about giving waivers that encourage development, such as for the cul -de -sac. She said if the plan takes advantage of the old lot size, it should also use the old cul -de -sac length. Planner Bonda agreed with Planner Flynn. Clerk Sullivan asked of what benefit the waiver would be. Attorney Gottleib explained it would be consistent with current standards, the water line would be fully looped and in place for all the lots, and there are two existing homes with driveways on the proposed street. Clerk Sullivan would like to see the stormwater calculations still work and agreed with Planner Flynn about the cul -de -sac length. Attorney Gottleib said his client wanted to get the subdivision started, and if the board was concerned with the project being finished, it could enforce the deadlines in the original covenant. Planner Dolan noted that the original plan had 20 lots, this would be for seven and he considered that a substantial change from the original plan. Mr. Burke said he thought the intent was two -phase development. Attorney Gottleib said someone would finish the second phase, whether Bull or Mr. Fram. Planner Flynn asked if this would require a modification hearing. Mr. Burke said the board could do that to phase the plan. He asked where the drainage area is located and was told Lot 12, which the developer would own and maintain based on the original approval. When the temporary cul -de -sac is removed, the edges will be loamed and seeded and deeded to the abutters, and the town would be given an easement. Planner Sullivan said he would be more receptive to a one -sided cul -de -sac. Planner McShane asked what the benefits and detriments of taking one subdivision plan and making it into what looks like two. He was concerned the people living on the cul -de -sac wouldn't want it extended and the developer might come in with another street from the other side. Planner Dolan said that would make it a different plan; ivir. Burke agreed, unless the developer were to request a waiver for a really long cul -de -sac. Attorney Gottleib said the board could make a condition of the covenant and deeds that the cul -de -sac is temporary. Mr. Frain said the subdivision would be done the way it was permitted. Planner Dolan said he would be in favor of an 850 foot cul -de -sac if it was made clear it is to be temporary. Planner Flynn said she would not make a decision until looking at the original plan. Planner Bonda agreed. The discussion will be continued until May 17, 1995 at 7:30 P.M. 3. Correspondence Continued 3. Memo from Mr. Burke to the Planning Board RE: Back Bay Circle 4. Memo from Mr. Burke to O. Conrad LaJoie RE: Massapoag Estates Pumps 5. Letter from Remus Realty Trust RE: Massapoag Estates Primps 6. Letter from lvh-. Burke to Remus Realty Trust RE: Massapoag Estates Drainage 7. Letter from Remus Realty Trust RE: Massapoag Estates Drainage 8. Letter from Mr. Burke to Ralph Maloon RE: Woodland Park Issues 9. Memo from Mr. Burke to Bob Swanson RE: Woodland Park Drainage 10. Letter from Mr. Burke to Ralph Maloon RE: Balcom 11 and III Curbing 11. Letter from Remus Realty Trust RE: Balcom II and III Bonds - They are requesting a waiver of slope granite curbing in exchange for a contribution to the sidewalk fund, which would be approximately $31,000. 12. Memo from Mr. Burke to Planning Board RE: Treetops Estates Street Trees Clerk Sullivan suggested finding some other place in town that needed trees and have Mr. Walsh plant the trees he would have used at Treetops there. Planner Flynn thought the trees should be planted at Treetops. 13. Letter from Lorilee Fish to William Williams RE: Gazollo Property Mr. Burke explained the owner of the property was offering the land on a 20 -year lease, then he gets it back unless the town buys it. Planner McShane asked what the Recreation Commission's plan was for the land. He said it would be a fringe field, so nothing important would be built, and if the owner asks an unreasonable price at the end of the lease, the town could let it go without losing. Motion: To send a letter of Planning Board support for the lease of the property if that fits in with the Recreation Commission's master plan. (Dolan- Flynn) All in favor. PASSES 14. Letter from Mr. Burke to Planning Board RE: Flag Lots 15. Letter from Attorney Thrasher to Mr. Williams RE: Fifth Amendment Violations. 16. Letter from Doranco Inc RE: Gilbert Street Planner Flynn would like to send a letter suggesting it isn't the Planning Board's responsibility to notify businesses of the board's meetings and suggested he check the newspaper. 17. Memo from Mr. Williams to Mr. Burke RE: future warrant article by the MBC Planner Bonds said she did not think the town should be exempt from zoning. Motion: To send Mr. Williams a letter saying the Planning Board does not support any motion suggesting the town should be exempt from zoning. (Sullivan- Flynn) All in favor. PASSES Motion: To send the MBC a letter reminding them the Planning Board is the municipal clearinghouse and ask if they plan to come before the board with the municipal projects. (Flynn- Bonda) All in favor. PASSES 18. Memo from the Board of Selectmen RE: Chairman's Meeting 19. Minutes April 5, 1995 Motion: To accept the minutes of April 5, 1995 (Dolan - Bonda) Planner Flynn asked it be noted she abstained from the Cabot Business Park motion and that she did not add "open space" to Article 33 for the Town Meeting warrant. Six in favor. One abstention. PASSES as amended 20. Minutes April 19,1 995 Motion: To approve the minutes as written (Flynn- Sullivan) Five in favor. Two abstentions PASSES 21. Letter from Ed Marcheselli RE: Beaumont's Pond surety Mr. Burke will acknowledge Mr. Marcheselli's letter and ask Mr. Clifford for confirmation everything is complete. 22. Letter from Board of Selectmen to Thomas McShane RE: Appointment 23. Form J Covenant - Kelli Green r' 24. Letter from Mr. Burke to Mr. Williams RE: 5 Robinson Court 25. Letter from Mr. Burke to Attorney Mangiaratti RE: 5 Robinson Court 26. Letter from Iv1r. Burke to Harry Blackey RE: 75 Branch Street 27. Letter from Richard Lewis to Jack Smith RE: Hodges Brook Estates 28. Letter from Mt•. Burke to Ralph Maloon RE: Woodland Park 29. Letter from Dan Clifford to Billie Mabry RE: Land Clearing Williams Street 30. Letter from Peggy Lawton Kitchens RE: Gilbert Street 31. Letter from Mass Highway RE: Players' Choice Sports Facility 32. Memo from Mr. Burke to Planning Board RE: Master Plan 33. ZBA application for finding - 7 Bliss Avenue Motion: To send the ZBA a positive recommendation providing the deck is on the west side of the structure (Sullivan - Bonda) All in favor. PASSES 34. ZBA application for finding - 55 South Street Motion: To send the ZBA a positive recommendation ((Sullivan - Dolan) All in favor. PASSES 35. ZBA application for finding - 556 North Main Street Motion: To send the ZBA a positive recommendation providing the applicant owns lots 47, 48 and 49. (Sullivan - Flynn) All in favor. PASSES 5. Form A (ANR) Plans 1. Form A Central/Summer Streets Motion: To sign the Form A (Flynn - Dolan) All in favor. PASSES 2. Land Court Plan Jewell Street The applicant, Ray Collins, an abutter, seeks to lay claim to lot 1 through land court. The lot has no recorded deed. Motion: Not to sign the Form A because it does not conform to the minimum requirements in that it does not list the owners (even if the owners are unknown), it does not reference the FEMA flood map, it does not show the wetland elevations, and the applicant lists himself as the owner, which is untrue according to the Assessor's Office. (Sullivan - Dolan) All in favor. PASSES 6. Public Comment Karl Clemmey said the town shouldn't lease the Gazollo land for 20 years, saying the town should be collecting taxes on it or purchasing it outright. Motion: To amend the earlier motion regarding the Gazollo land to say should the town seek to lease rather than purchase, the benefits of purchase vs. lease be thoroughly explored, the economic considerations be explored, and if the town accepts the lease, it does not mean the land can't be rezoned. (Sullivan- Flynn) Six in favor. One opposed. PASSES Mr. Clemmey asked the Planning Board to explain to the Selectmen how the site plan approval process works. He said after he went through site plan once, the Selectmen went through the whole thing again. He suggested a site plan checklist. 7. Master Plan Discussion Mr. Burke went over the memoranda he had sent discussing what will be required and what can be done in -house and what would have to go to a consultant. Mr. Burke suggested a Strategic Growth Management Plan instead of a Master Plan, but said that may not be what Town fleeting wants. Chairman French suggested the members look over the memos and come up with priorities. The discussion will be continued until June 7, 1995, 8. Around the Table Planner Flynn asked if the board would reconsider its recommendation to the Building Inspector regarding the site plan for a parking area on South Main Street. She said after hearing information on television from Police Chief O'Neill, she thought there were important considerations the board was not aware of. fir. Burke said he had spoken with Chief O'Neill, who did not put any of his comments in writing, even after receiving additional information from the Planning Office. Mr. Burke said all of his own comments had been addressed. Motion: To reconsider the vote to send the Building Inspector a positive recommendation (Flynn - Bonda) Clerk Sullivan asked what Chief O 'Neill had been concerned about. Planner Flynn said the Chief was concerned the lot will be unsafe, add hours of congestion, and cause confusion about where to park. He received a letter from the State Police in Foxboro saying satellite parking lots increase traffic problems. He was also concerned with the location of the driveway. Clerk Sullivan noted Mass Highway had issued a curb cut permit for the site, and that is the driveway. Planner Flynn though she had been in error when she made the motion to send a positive recommendation to the building insepctor and felt obliged to make the board aware of Chief O 'Neill's concerns as expressed on television. Clerk Sullivan disagreed Planner Flynn had been in error in making the motion for the recommendation to the building inspector. Two in favor. Four opposed. FAILS Planner Bonda suggested setting a time limit on Planning Board meetings. Clerk Sullivan recommended an 11 P.M. cut -off. Planner Bonda asked about the status of Weaver Lane. Mr. Burke said he had spoken with the developer, who said the problem should be resolved within two weeks. 9. Adjournment Motion: To adjourn at 12 A.M. (Dolan- Sullivan) All in favor. PASSES Date of next mpetin : May, 17, 19955 at 7:30 P.M. Si dture of Clerk —7 J /L�JS Date of Approval