HomeMy WebLinkAboutPlanning Brd Minutes 11/30/1988Present:
Planners:
PLANNING BOARD'S
MINUTES
NOVEMBER 30, 1988
Chairman Annino, Clerk Madan
*Caponigro, Flynn, McClanahan, Quinn, *Sohn
1. Meeting called to order at 7:30 P.M.
2. Clerk's Report
Correspondence
"Form J" Release of Covenant for lots 5, 7 -18 at "Balcom Ridge Estates ".
Motion: To release lots 51 7 -18 at "Balcom Ridge Estates ".
(Quinn - McClanahan) All in favor. PASSES:
Letter to Planning Board from Joan Cutillo, Town Treasurer, stating she holds a
passbook for the Town of Mansfield and Chauncy Realty Trust in the' amount of
$100,683.37.
Memo to Planning Board from Robert E. Powers recommending partial release of
funds for "Cowan Meadow" in the amount of $8,420.00.
Motion: To approve the partial release of funds for "Cowan Meadow" in the
amount of $8,420.00.
(Quinn - McClanahan) All in favor. PASSES.
Memo to Planning Board from Robert E. Powers recommending partial release of
funds for "Timberline" in the amount of $19,341.00.
Motion: To approve the partial release of funds for "Timberline" in the
amount of $19,341.00.
(Flynn - Quinn) All in favor. PASSES.
Memo to Planning Board from Robert E. Powers recommending partial release of
funds for "Matthews Estates II" in the amount of $8,738.90.
Motion: To approve the partial release of funds for "Matthews Estates II" in
the amount of $8,738.90.
(McClanahan - Quinn) All in favor. PASSES.
Memo to Planning Board from Robert E. Powers recommending partial release of
funds for "Morrow Street Ext. - Phase II" - Prince Street in the amount of
$8,316.72.
Motion: To approve the partial release of funds for "Morrow Street Ext. Phase
II" - Prince Street in the amount of $8,316.72.
(Flynn - Quinn) All in favor. PASSES.
Memo to Planning Board from Robert E. Powers recommending partial release of
funds for "Massapoag Estates" in the amount of $256,678.00.
Motion: To approve the partial release of funds for "Massapoag Estates"
in the amount of $256,678.00.
(Flynn - McClanahan) All in favor. PASSES.
Memo to Planning Board from Robert E. Powers recommending partial release of
funds for "Echo Hills Estates" in the amount of $192,219.47.
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November 30, 1988
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Motion: To approve the partial release of funds for
in the amount of $192,219.47.
(Quinn - McClanahan) All in favor. PASSES.
( *Planner Caponigro entered the meeting at 7:45 P.M.)
Irrevocable Letter of Credit from Mansfield Cooperative Bank for "Southpark"
within "Forest Park" Subdivision.
Motion: To accept the Letter of Credit from the Mansfield Cooperative Bank for
the Southpark portion of "Forest Park ". ,
(Quinn- McClanahan) All in favor. PASSES.
Irrevocable Letter of Credit from Mansfield Cooperative Bank for "Cowan Meadow"
extending the deadline of the original letter of credit until July 1989.
(At this time, the board discussed the wording of this letter of credit and
asked the secretary to check the original to see if a deadline was listed on
it.)
Copy of letter to Mr. James Mark from the Conservation Commission regarding
Boundry Road.
Motion: To send a memo to Robert E. Powers requesting an update, in writing to
to the Planning Board, regarding Boundry Road.
(Quinn - Flynn) All in favor. PASSES.
( Letter from Joel Hard, Attorney, Kopelman and Paige, P.C., enclosing a bill in
the amount of $1,419.30 for services on behalf of the Planning Board during the
case against Colella.
Motion: To approve payment to Kopelman and Paige, P.C. in the amount of
$1,419.30 for services rendered on behalf of the Planning Board.
Copy to Alphonse Query, Special Town Counsel, and ask if the Board
has any recourse to recover this money.
(Quinn - Flynn) All in favor. PASSES.
Letter to Planning Board from George H. Wojtkiewicz, Chairman, Zoning Board of
Appeals, regarding reasons for denial of Elm Street (DesVergnes) Variance.
(+Planner Sohn entered the meeting at 8:00 P.M.)
3. 8.00 P.M. - Continuation of Public Hearing - "Yoezem Meadow" - Applicant:
Charles and Janice Meszoely - Deadline: December 11, 198B
At 8:00 P.M., Chairman Annino continued the public hearing for "Yoezem Meadow"
definitive subdivision. At 8 :02 P.M., this public hearing was continued until
December 14, 1988 at 8 :30 P.M.
The following people spoke at this public hearing:
Charles and Janice Meszoely, Applicants.
The following motion was made at this public hearing:
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Motion: To accept the extension of the deadline for "Yoezem Meadow" until
December 23, 1988 and to continue the public hearing until December
14, 1988 at 8:30 P.M.
(Quinn - McClanahan) All in favor. PASSES.
4. Correspondence (Cont.)
At this time, Chairman Annino's response to Mr. Wojtkiewicz was read for the
record. This will be presented to the Zoning Board of Appeals during their
meeting of December b, 1988.
Copy of the Fiscal 1990 Planning Department budget.
Letter to Planning Board from Dunn Engineering requesting waiver of filing fee
for "Modification to Eastleigh Estates North" subdivision.
Motion: To waive the filing fee for the "Modification to Eastleigh Estates
North
(Quinn- McClanahan) All in favor. PASSES.
Special Permit Decision for Brunelle for signing by the Planning Board.
Copy of letter to Bertram M. Cook, Inspector of Buildings, from Mr. William G.
Morton regarding complaints about the building of a Rifle Range by the Mansfield
Fish and Game Association.
Copy of letter to Thomas A. Pisaturo, SRPEDD, from Kelli Baker, regarding form
for forty hours of SRPEDD time by the Board of Selectmen and the Planning Board.
Copy of letter from Thomas E. Dwyer, Town Manager, to Michel LaCasse, regarding
agreement for consultant services.
(After a lengthy discussion of possible changes to the Town Charter involving
the position of Planning Director vs. Community Development Director, the Board
requested a copy of the job description for Community Development Director be
mailed to Chairman Annino.)
5. 8:30 P.M. - Site Plan Review
Hall, Davison & Company - Great Woods Office Park - Reservoir Street
Carol Foley and Jack Hall representing the Hall, Davison & Company presented
this site plan to the Planning Board. Several items were found to be missing
from this plan. Also, the sign which is located at the corner of Reservoir
Street and South Main Street is not allowed and should be removed. Applicant
does not have a permit from the Building Department.
Motion: To send a negative recommendation to the Inspector of Buildings by
virtue of the fact that this site plan does not conform to the
Mansfield Zoning By -Laws regarding signs and also for the following
reasons:
1. Planting plan should be submitted, stamped by a registered
landscape architect, architect or engineer.
2. The note that says: "This plan may be altered by on -site
conditions in order to save existing plant material" is vague and
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should be built according to the approved landscape plan.
3. The loading dock adjacent to the proposed building should be
shown and should conform to our Zoning By -Laws in size and
configuration.
4. Future signage must be shown.
5. Detailed lighting be shown.
6. Lot coverage could be a problem - 69% versus 50% as specified
in the Zoning By -Laws.
7. Planning Board will review how many compact spaces should be
allowed - currently have 41%.
8. Parking should be 5 per thousand, not 3.5 per thousand as shown.
9. Check storm drainage system as to whether it conforms to the ten -
year storm.
10. Show where storm drainage from the roof goes.
(Quinn -Flynn for discussion) NO VOTE.
There is
also a question as to whether or not two buildings should be allowed on
one lot.
(Should this property be submitted as a "Form A" CANRI plan ?)
Applicant
voluntarily withdrew this site plan and will notify Town Clerk of
same.
Motion:
To send a letter to Bertram M. Cook, Inspector of Buildings, notifying
him that the applicant has withdrawn the site plan for Great Woods
Office Park (copy Judith F. Scott, Town Clerk), and include the com-
ments which need to be addressed.
(Quinn- Caponigro) All in favor. PASSES.
Motion:
To send a formal complaint to Bertram M. Cook, Inspector of Buildings,
advising him that the Great Woods H.D.C. Realty Trust, c/o Hall,
Davison Co., is in violation of the Mansfield Zoning By -Laws, Section
5.h.2. in that they have a sign which is in excess of 48 square feet
on the property.
(Quinn - Flynn) All in favor. PASSES.
Motion:
To send a letter to Judith F. Scott, Town Clerk, stating that this
site plan is being withdrawn.
(Flynn- Quinn) All in favor. PASSES.
6. Correspondence (Cont.)
Memo from Tuft's University on Growth Management Forum for December 3 and 4,
1988.
Newsletter from Water Resource Research Center
Letter from APA regarding renewal of annual subscription to Land Use Law.
From the Office of the County Planner for the MAPD regarding survey proposing
Legislative changes to Special Legislative Committee for Affordable Housing.
MHFA Newsletter.
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Public Hearing Notices for Attleboro, Easton and North Attleboro.
Newsletter from Dunn Engineering.
Statement of Facts from the Zoning Board of Appeals for Maxwell, Tegan, Palanza
and Wing.
7. Variance Requests
Christopher Flynn, 20 Samoset Avenue
Motion: To send a positive recommendation to the Zoning Board of Appeals for
the variance application of Flynn for a Variance from Section IV,
Schedule B of the Zoning By -laws to construct an addition to an
existing non - conforming dwelling at 20 Samoset Avenue with less than
the required side yard and rear yard, which is non - conforming in the
Residence C Zone.
(Madan- Quinn) All in favor. PASSES.
John W Pickard 200 Chauncy Street
Motion: Regarding the application of Pickard for a Variance to construct a
sign on a lot at 200 Chauncy Street, send a letter to the Zoning Board
of Appeals stating that Section 5.h.2. of the Zoning By -Laws allows
signs 48 square feet in the General Business Zone.
(Quinn- McClanahan) All in favor. PASSES.
( Diversified Realty Trust 218 Franklin Street
Motion: To send a negative recommendation to the Zoning Board of Appeals on
the variance application of Diversified Realty Trust to subdivide a
lot of land at 218 Franklin Street into two lots, Lot 1 having an
existing non - conforming dwelling; Lot 2 to have a single family dwell-
ing with less than the required frontage, which is non - conforming in
the Agriculture Zone.
(Quinn - Flynn) Planners Quinn, Flynn, Sohn, Madan, McClanahan and
Chairman Annino in favor. Planner Caponigro abstains. PASSES.
B. Around the Table
Board members discussed reviewing applicants for the position of Community
Development Director. These resumes will be reviewed and commented on in-
dividually by Board members before Friday of this week and Chairman Annino will
contact several people for interviews over the weekend.
Planner Sohn asked when the ruling for piggeries was changed and was advised to
speak to Mr. Cook.
Planner Quinn stated that when the Planning Board addresses the Board of
Selectmen regarding the Town Manager /Community Development Director issue, he
would like to bring up the subject of the budget at the same time. The budget
is being prepared as a Community Development Department ". Planner Quinn thinks
the Board should maintain the integrity of the Planning Board's budget for their
Planning Director and not have a Community Development budget which is con-
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trolled by the Town Manager. Chairman Annino will be speaking with Thomas E.
Dwyer, Town Manager, regarding the questions the Planning Board has on the job
description for Planning Director /Community Development Director.
Planner Flynn suggested adding to the workshop to change the Zoning By -Laws by
increasing the number of plans submitted for site plan review.
Minutes of October 19, November 2, 9 and 16, 1988
Motion: To approve the Minutes of October 19, November 2, 9 and 16, 1988 with
an amendment to the Minutes of November 9 and 16, 1988 where the Plan-
ning Board entered into Executive Session for the purposes of discuss-
ing litigation involving "Whitetail Acres ", delete the word "pending ".
(Flynn- Madan) All in favor. PASSES.
9. Public Discussion
Marilyn Ouellette, Conservation Commission, informed the Planning Board that the
Conservation Commission will be meeting with Thomas E. Dwyer, Town Manager, for
the purpose of discussing their concerns over the budget. Conservation Chairman
is concerned with the joining of the line items of their budget with the Plan-
ning budget. Also, their other concern is that the job description of
"Environmental Planner ", who's chief responsibility is to be "Conservation
Agent ". Mrs. Ouellette stated that the position the Conservation Commission
fought for at Town Meeting was entitled "Conservation Agent" and should remain
as such.
10. Meeting adjourned at 10:25 P.M.
i
CLERK
DAT 0 APPROVAL
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