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HomeMy WebLinkAboutPlanning Brd Minutes 12/7/1988PLANNING _BOARD'S __ MINUTES DECEMBER 7, 1988 Present: Chairman Annino, Acting Clerk Quinn Planners: * Caponigro, Flynn, *McClanahan, *Sohn Michel LaCasse, Consultant Robert E. Powers, Subdivision Supervisor Meeting called to order at 7:30 P.M. Motion: To appoint Planner Quinn Acting Clerk. (Flynn - McClanahan) All in favor. PASSES. aww 6� 2. Clerk's Report Correspondence ( *Planner Caponigro entered the meeting at 7:35 P.M.) Letter to Planning Board from Mr. Gregory Spier requesting time on the Planning Board agenda to discuss "Eastwind" subdivision once again regarding road length. Memo to the Planning Board from Robert E. Powers regarding status of Golden Hills Homes Subdivision and a recommendation from Bob to release $2B,565.00. Motion: To approve the partial release of bond for work completed at "Golden Hills Homes" subdivision in the amount of $28,565.00. (McClanahan- Flynn) All in favor. PASSES. Memo to Planning Board from Robert E. Powers recommending partial release of bond for work completed at the "Shamrock Heights" subdivision in the amount of $21,952.00. Motion: To approve the partial release of bond for work completed at the "Shamrock Heights" subdivision in the amount of $21,952.00. (Quinn - McClanahan) All in favor. PASSES. Memo to Planning Board from Robert E. Powers recommending partial release of bond for work completed at the "Captain John Williams" subdivision in the amount of $55,043.00. Motion: To approve the partial release of bond for work completed at the "Captain John Williams" subdivision in the amount of $55,043.00. (Quinn- McClanahan) All in favor. PASSES. Memo to Planning Board from Robert E. Powers recommending partial release of bond for work completed at the "Matthews Estates" subdivision in the amount of $17,389.50. Motion: To approve the partial release of bond for wort: completed at the "Matthews Estates" subdivision in the amount of $17,389.50. (Quinn - McClanahan) All in favor. PASSES. Memo to Planning Board from Robert E. Powers recommending partial release of bond for work completed at the "Trowbridge Woods" subdivision in the amount of 93,849.13. Motion: To approve the partial release of bond for work completed at the "Trowbridge Woods" subdivision in the amount of $93,849.13. (Quinn - Flynn) All in favor. PASSES. l Planning Board's Minutes December 7, 1988 Page -2- Memo to Planning Board from Robert E. Powers recommending partial release of bond for work completed at the "Oak Hill" subdivision in the amount of $86,968.47. Motion: To approve the partial release of bond for work completed at the "Oak Hill" subdivision in the amount of $863968.47. (Quinn - Flynn) All in favor. PASSES. Memo to Planning Board from Robert E. Powers recommending partial release of bond for work completed at the "Timberline" subdivision in the amount of $8,656.00. Motion: To approve the partial release of bond for work completed at the "Timberline" subdivision in the amount of $8,656.00. (Quinn - Flynn) All in favor. PASSES. Memo to Planning Board from Robert E. Powers recommending partial release of bond for work completed at the "Matthews Estates" subdivision in the amount of $17,389.50. Memo to Planning Board from Robert E. Powers recommending partial release of bond for work completed at the "Chauncy Place" subdivision in the amount of $4,265.76. Motion: To approve the partial release of bond for work completed at the "Chauncy Place" subdivision in the amount of $4,265.76. (Quinn - McClanahan) All in favor. PASSES. Memo to the Planning Board from Robert E. Powers notifying them that he will be leaving for Florida next week and will be returning in April. Copy of letter from the Conservation Commission to Board of Selectmen regarding gift of land at the "Forest Park" subdivision. Letter to Planning Board from Richard Lewis, Environmental Planner, regarding revised plan for "Captain John Williams Estates" subdivision. Planning Board reviewed this plan and feels a "Form A" (ANR) plan should be submitted. A Modification hearing is not necessary. Letter of Credit extending the deadline of the original for "Cowan Meadow" to July 1989. Motion: To accept the revised letter of credit for "Cowan Meadow" with a new deadline of July 1989. (Quinn- McClahanan) All in favor. PASSES. Copy of a letter from Mirione Construction Corp. to Bertram M. Cook, Inspector of Buildings, requesting permission to remove 5,000 yards of loam from the Na- tional Lumber Warehouse Facility. Motion: To send a letter to Bertram M. Cook, Inspector of Buildings, stating that the Planning Board needs more clarification as to the loam removal project - what is the purpose of removing 5,000 yards of loam? Does the applicant need a permit from Mr. Cook or should this be a Special Permit from the Planning Board? Also, until this problem is q Planning Board's_ Minutes December 7, 1488 Page -3- solved, the applicant should not be hauling anything from the site. (Quinn - Flynn) All in favor. PASSES. Building Report for the month of November. Letter from Canton Institution for Savings acknowledging release of funds for "Shiloh Estates ". Copy of letter to Judith F. Scott, Town Clerk, from Hall, Davison & Company regarding withdrawal of site plan for Great Woods Office Park. Copy of letter to Hall, Davison & Company from the Planning Board regarding site plan for Great Woods Office Park (no formal application or filing fee was ever submitted to the Town Clerk). Copy of letter to Bertram M. Cook, Inspector of Buildings, from the Planning Board regarding illegal sign at the Great Woods Office Park. Copy of memo to Robert E. Powers from Planning Board requesting an update on Boundry Road. Copy of memo to Board of Selectmen from Planning Board requesting time on the Board of Selectmen agenda for a discussion of possible changes to Town Charter. Copy of memo to Thomas E. Dwyer, Town Manager, enclosing invoice from Kopelman and Paige, P.C. Copy of letter from Planning Board to Special Town Counsel, Alphonse Query, regarding recovery of money spent for lawyers during the Court action involving James Colella and the Church Street property. Copies of letters to the Zoning Board of Appeals regarding decisions for John W. Pickard; Diversified Realty Trust and Christopher Flynn. Copies of letters to various banks authorizing release of funds for Prince Street; "Timberline "; "Echo Hills "; "Massapoag Estates" and "Matthews Estates II ". Copy of letter to Judith F. Scott, Town Clerk, notifying her of the waiver of the filing fee for the "Modification to Eastleigh Estates North ". EOCD Land Use Manager. Massachusetts Historical Commission Newsletter. APA Magazine. Public hearing notices for North Attleboro and Foxboro. E7 Planning _Board's _Minutes December 7, 1488 Page -4- 3. Site Plan Review Cabot, Cabot & Forbes - Hampden Road This site plan review is for a proposed 104,000 square foot warehouse addition to an existing warehouse /distribution facility currently operated by Rolf C. Hagen U.S.A. Corporation at Hampden Road. Mr. David Grant of Cabot, Cabot & Forbes and Mr. Robert Crucial of Norwood Engineering made a presentation to the Board. ( *Planner Sohn entered the meeting at 8:15 P.M.) Motion: To send a positive recommendation to Bertram M. Cook, Inspector of Buildings for the site plan at 722 and 724 Hampden Road, subject to the following conditions: 1. Comments from Robert Swanson, Town Engineer, must be addressed. 2. Drainage to be reviewed by Robert Swanson, Town Engineer. 3. Lighting specifications be put on the plan. 4. Landscaping plan should be submitted, if necessary. (Quinn - Flynn) All in favor. PASSES. 4. Variance Requests Edward J. Proteau, Jr. - 22 Elyse Road Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Proteau to construct a single family dwelling at 22 Elyse Road with less than the required front yard, which is non - conforming in the Agriculture Zone, due to the fact there is no hardship. (Chairman Annino passed the gavel to Acting Clerk Quinn to second this motion.) (Flynn - Annino) Planners Flynn, Annino, McClanahan, Sohn and Caponigro in favor. Acting Chairman Quinn opposed. PASSES. (Gavel returned to Chairman Annino at this time.) Selwyn Stearns, 37 Chilson Avenue Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Stearns to construct additions to an existing non- conforming dwelling at 37 Chilson Avenue with less than the required rear yard and side yard, which is non - conforming in the Residence C Zone. (Flynn - McClanahan) All in favor. PASSES. (Planner Caponigro left the meeting at this time.) Antonino Caponigro, Elm Street Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Caponigro to construct a single family dwelling on a lot on Elm Street with less than the required frontage, which is non - conforming in the Agriculture and Residence AA Zones. (McClanahan -Sohn) Planners McClanahan, Sohn and Quinn in favor. Planner Flynn opposed. Chairman Annino abstains. PASSES. (Planner Caponigro returned to the meeting at this time.) 0 Planning Board's Minutes December 7, 1988 Page -5- 5. General Discussion Planner Quinn spoke to the Planning Board regarding the current year's Planning Department budget and the fact that funds for the accounts under line item "02" will be depleted very soon. Motion: To send a memo to the Town Manager informing him that the Planning Board will sign their own vouchers, effective immediately. Copy the Town Accountant, Town Treasurer, Board of Selectmen and Finance Committee. When a new Director is appointed and the Planning Board feels comfortable with he/she, they will then delegate the authority back to the department head. (Quinn - McClanahan) All in favor. PASSES. Motion: Prepare a transfer request to the FinCom (signed by the Planning Board), asking that the exact amount (to be determined by the Town Manager) paid to Robert E. Powers in his capacity as Acting Town En- gineer, be replaced in the Planning Department budget, the 5303 Ac- count, for the purposes of maintaining the integrity of the Planning Department budget. Request a monthly printout of the Planning budget be given directly to the Planning Board. (Quinn - McClanahan) All in favor. PASSES. b. 9:05 P.M. - Executive Session Motion: To enter into executive session for the purpose of discussing litiga- tion regarding "Whitetail Acres ". Planner Sohn - Aye. Planner Quinn - Aye. Planner Flynn - Aye. Planner McClanahan - Aye. Planner Caponigro - Aye. Chairman Annino - Aye. (Robert E. Powers left the meeting at 9:25 P.M.) Board members discussed a request by Mr. Gregory Spier for another meeting with the Planning Board to review alternative sketches for his preliminary subdivi- sion plan "Eastwind ". Consensus of opinion was for Mr. Spier to send sketches for review by the Board or to file a definitive subdivision plan which is designed according to current regulations. ( *Planner McClanahan left the meeting at 9:29 P.M.) 7. 9:30 P.M. - Master Plan Workshop Mr. Eugene Reilly of National Development was present for this workshop and the Planning Board allowed him to comment on the proposed Master Plan. Mr. Reilly emphasized that he felt the document was very well done. Mr. Reilly's concerns were density in the industrial zone; the FAR percentages and open space as they specifically effect the Mansfield Corporate Center. Board members discussed the fact that they had previously asked to advertise for a public hearing, submitting as written the document the fourteen (14) member 5 Planning Board's Minutes December 7, 1988 Page -b- Master Plan Advisory Council had worked on, and give the public the opportunity to review the proposed zoning changes. Mike LaCasse stated he had spoken to Cannery Associates regarding the Mansfield Corporate Center and the questions raised by National Development and explained the results of this conversation to the Planning Board. Mr. Reilly suggested that he would prepare something for presentation at the public hearing and mentioned that he could have the people at National Develop- ment draft simple plans showing their suggestions and ask Cannery Associates to take a look at these plans. The Planning Board discussed having the public hearing and allowing everyone to submit and state their comments during the hearing. After the hearing, the Planning Board could hold a workshop open to the public to discuss the various issues brought to their attention. Mike LaCasse stated the tent for the public hearing notice has to be drafted and suggested holding the hearing at the Mansfield High School to allow for plenty of room for the public. The Board reviewed several sections of the Master Plan document with Mr. LaCasse. Mike stated he will be meeting with Cannery Associates and will review with them all questions raised by the Planning Board at that time. ( *Planner Flynn left the meeting at 10:59 P.M.) S. "Form A" (ANR) Plans Richard Dei, Stearns Avenue (for Land Court Purposes) Motion: To sign the "Form A" (ANR) plan for Dei for property located off Stearns Avenue. (Quinn -Sohn) All in favor. PASSES. 9. Around the Table Mr. LaCasse informed the Planning Board that the negotiations between the Town of Mansfield and Mr. Nicholas Harris for a land swap are not going smoothly at this time. The.Board of Selectmen are currently refusing Mr. Harris' offer of fifteen acres of land in West Mansfield for the five acre parcel which would connect the subdivisions "Balcom Ridge I and II ". They will allow Mr. Harris an easement between the two subdivisions, with cul -de -sacs at either side. Mr. LaCasse stated that MEPA has requested comments from the Conservation Com- mission regarding "Witch Pond Estates ". Richard Lewis, Conservation Agent, has submitted his comments, but has asked that the Planning Board emphasize the public safety aspect of the road length and access to the subdivision. Mr. LaCasse will respond. R Planning Board's Minutes December 7, 1988 Page -7- Chairman Annino asked the Planning Board to review the resumes for Planning Director and make a decision as to which ones to invite for an interview. A date of December 17, 1988 at 8:00 A.M. was set to interview approximately ten candidates. Chairman Annino stated that he had attended the Zoning Board of Appeals meeting to ask the ZBA to reconsider their denial of the variance application of Donald DesVergnes for property off Elm Street. The Zoning Board of Appeals said they would think it over. 10. Public Discussion Marilyn Ouellette reminded the Planning Board that the Open Space hearing for Conservation /Recreation open space plan is to be held Thursday night at the Town Hall. 11. Meeting adjourned at 11:05 P.M. CLE 2K cqia� -ld DATE OF APPROVAL 7