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Home My WebLink Aboutmin of planning brd 9/9/1998PLANNING BOARD MINIJ`f'ES ' ,ICE September 9, 1998 c„ -8Ori - -7 r r:39 Present: H. Thomas French, Jr., Chairman; John D. Sullivan, Jr., Clerk; Bernie J. Dolan; Scott Frank; and Kenneth H. Torman. Also present was AWq� , P Burke -: (J ctor of Planning and Development. Meeting called to order at 7:30 p.m. Correspondence ➢ Minutes of August 26, 1998 Motion: To approve. (Dolan- Sullivan) 4 -0 with Mr. Frank not present. PASSES Request for partial release of surety — Stearns Hill Estates Phase IV Motion: To release $15,216.38 for work completed, leaving a balance of $21,114.15. (Dolan- Sullivan) 4 -0 with Mr. Frank not present. PASSES Request for partial release of surety — Stearns Hill Estates Phase V Motion: To release $6,690.00 for work completed, leaving a balance of $132,023.76. (Sullivan- Dolan) 4 -0 with Mr. Frank not present. PASSES l Request for partial release of surety — Sturbridge Estates Motion: To release $16,857.87 for work completed, leaving a balance of $74,690.48. (Sullivan- Dolan) 4 -0 with Mr. Frank not present. PASSES Request for partial release of surety — Homefield Farms. Motion: To release $26,179.85 for work completed, leaving a balance of $106,556.34. (Sullivan - Dolan) 4 -0 with Mr. Frank not present. PASSES r Request for partial release of surety — Mayhew Farm Motion: To release $5,136.90for work completed, leaving a balance of $70,694.41. (Sullivan- Tonnan) 4 -0 with Mr. Frank not present. PASSES Letter from Folkman and Zola requesting waiver of subdivision requirements for sloped granite curb in Homefceld Farms in exchange for a donation to the Sidewalk Fund with memorandum from Dan Clifford recommending waiver be granted and donation to be used for sidewalks in the Back Bay. Motion: To deny the waiver request as the subject had been discussed previously and the board's requirement for sloped granite curbing has not changed. t (Sullivan- Torman) 4 -0 with Mr. Frank not present. PASSES Minutec nr Centemher 9 1 QQR ➢ Zoning Board of Appeals application of Mark and Paula Nelson for a Variance from Section 4.2.1 of the Zoning By -Law to add a garage at 18 Nelson Way with less than the required sideyard setback in an R -1 Zone. Motion: To send a negative recommendation since a standard 24 foot two -car garage can be built without the need for a variance. (Torman- Sullivan) 2 -3 with French, Dolan and Frank opposed. FAILS Motion: To send a positive recommendation. (Dolan- Frank) 3 -2 with Torman and Sullivan opposed. PASSES Walsh Well Site Plan Review — Gilbert Sheet Town Engineer Lee Azinheira, Mike Ahern of the DPW, and Ron Howard of Tata and Howard were present to review the site plan for the Walsh Well Site on Gilbert Street. The site will comprise of an unmanned brick pump station. Drainage plans were reviewed and comments were read from the following department heads: Mike Ahern, DPW Shaun Burke, Director of Planning and Development Ptlmn. Lance Lawson, Police Department Lt. Joseph Sarro, Fire Department. Motion: To send a positive recommendation to the Building Inspector with the understanding that Gilbert Street is a Scenic Road and issues related to the removal of trees and/or stonewalls within the right -of -way will be dealt with during a separate Scenic Road Public Hearing. (Sullivan - Torman) 5 -0 PASSES Memorial Park Site Plan Review Lee Azinheira, Town Engineer, and Mike Ahern, project manager for the DPW, were present to review the plan. The drainage analysis done by the Engineering Department was reviewed. Comments were read from Shaun Burke, Director of Planning and Development, and Ptlmn. Lance Lawson of the Police Department. Mr. Azinheira noted work will continue to prepare drainage design and calculations for the tennis courts and site work and drainage for the parking area proposed for Hope Street will be addressed at a later date. Motion: To send a positive recommendation to the Building Inspector on the plans as presented, not including the proposed parking area on Hope Street which the board understands will be the subject of further discussion, and with the further understanding that work will continue under the direction of the Town Engineer to include an infiltrator for the proposed tennis courts. (Sullivan - Dolan) 5 -0 PASSES 9 MinwPC of SPntPn+Pr 9 109R 147 Chauncy Street Special Permit Public Hearing 1 Motion: To continue the public hearing to September 23, 1998 at 8:30 p.m. at the request of the applicant. (Dolan - Frank) 5 -0 PASSES Griffin Farm Public Hearing Motion: To continue the public hearing to October 7, 1998 at 8:30 p.m. at the request of the applicant, with the applicant granting an extension of time to make the decision, and with the applicant readvertising the public hearing and with renotification of abutters. (Frank - Sullivan) 5 -0 PASSES Correspondence (continued) ➢ Memorandum from Mike Ahern of DPW regarding scenic road brush and tree trimming operations — Mr. Ahern asked if it would be possible to get a blanket permit for maintenance operations along scenic roads. Following discussion, the board agreed that a public hearing would have to be held, but it might be possible to grant a permit on an annual basis with conditions and limitations as to what can be done. Application for a Finding in accordance with Section 3.10.413 of the Zoning By -Law for an addition to a pre - existing, non - conforming structure at 35 Court Street in an R- 3 Zone Motion: To send a positive recommendation to the ZBA since the addition will be within the same footprint of the existing dwelling. (Sullivan - Dolan) 5 -0 PASSES r ZBA Decision — Robert Rubino for a Variance from Section 4.2.1 for an addition at 73 Jewell Street with less than the required front and/or sideyard setback for a corner lot in the R -1 Zone — Granted; Planning Board — 3 -3 -1 negative > Memo from John D'Agostino re: Sewer Extension Workshop October 15 °i at 7:30 p.m. Building Construction Report — August, 1998 Copies of letters to Trudy Coxe re: Great Waves Notice of Project Change from: • Shaun P. Burke, Director of Planning and Development • John O. D'Agostino, Town Manager • To: Bernard McCourt, District 5 Highway Director from Ptlm. Lance Lawson Memorandum from John D'Agostino re: Route 495 /Route 140 Interchange Subcommittee Meeting September 14`h at 7:00 p.m. Minntec of RPntPn,hPr 9 IQQR ➢ Public Hearing Notices — Sharon Board of Appeals ➢ Notice of Dismissal of Administrative Appeal — Easton Board of Appeals ➢ Public Hearing Notice — Attleboro ZBA ➢ Public Hearing Notice — Norton Planning Board ➢ Public Hearing Notice — North Attleboro ZBA ➢ Public Hearing Notice — Foxboro ZBA ➢ Request for Proposals — Attleboro Redevelopment Authority ➢ The Beacon ➢ Department of Housing & Community Development Grant Alert ➢ "Mass.Means" newsletter ➢ Seminar information — "The Basics of Subdivison Control Law" ➢ "Preservation Advocate" newsletter of Mass. Historical Commission ➢ Memorandum from Dan Clifford re: surety amount for Stearns Hill Estates Phase VI — Freedom Trail, to be set at $152,620.21 with copy of check filed with the Town Treasurer in this amount Motion: To accept surety of $152,620.21 for Stearns Hill Estates Phase VI — Freedom Trail (Sullivan- Frank) 5 -0 PASSES ➢ Form J Release for Stearns Hill Estates for Lots 82, 83, 84, 102, 145, 146 and 147 Motion: To sign Form J releases for the above lots. (Sullivan - Frank) 5 -0 PASSES Copy of letter to Trudy Coxe from Leonard Flynn, Natural Resources Trust, re: Great Waves Notice of Project Change Letter from Karl Clemmey dated September 4, 1998 re: prior correspondence Board members discussed the letter and reviewed what information had been sent to Mr. Clemmey in response to his previous request for information. Members expressed confusion as to what it is Mr. Clemmey is looking for and stated he should file a complaint with the Zoning Enforcement Officer if he believes there is some violation and that he should identify what he believes the violation to be. Mr. Burke was directed to draft a letter with Mr. French's review and input in response. Around the Table Mr. Dolan asked if the River Edge site walk scheduled for Saturday, September 12 "' could be moved back to 8:00 a.m. It was agreed to meet at the site at 8:30 a.m. with Mr. McShane and Mrs. Flynn to be notified and the meeting re- posted. Jim Dunn and Steve Benoit will also be notified. Mr. Burke advised the board he had attended the Great Waves site meeting and suggested that when the site plan comes before the board for review it be treated as any other site plan would be. Mr. Burke stated that as with the contentious Lego proposal, he would recommend that the Planning Board maintain its practice of keeping all politics out of the 4 Minntec of SPntemhvr I6 IQQR process. He also reminded the board that site plan review is not a public hearing and that required public hearings would be held by the appropriate boards. He noted that the board's recommendation should, as always, be based upon whether or not the plan submitted meets the requirements of the Mansfield Zoning By -law. Dr. Torman asked for clarification regarding subdivision requirements in preparing and submitting test plans for conventional subdivisions when special permit cluster developments are proposed. Adjournment Motion: To adjourn at 9:45 p.m. (Frank - Torman) 5 -0 PASSES Sioature of Clerk 1 Date of Approval Date of Next Meeting: September 16, 1998 5 Min,itrcnr CPniPn+Pr 16 IOQR