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HomeMy WebLinkAboutPlanning Brd Minutes 11/9/1988PLANNING BOARD'S MINUTES NOVEMBER 9, 1988 Present: Chairman Annino, Clerk Madan Planners: Caponigro, Flynn, McClanahan, Quinn, *Sohn Community Development Director LaCasse 1. Meeting called to order at 7:30 P.M. 2. 7:30 P.M. - Continuation_ of Public Hearing - "Special Permit - Maple Street" At 7:30 P.M., Chairman Annino continued the public hearing for the "Special Per- mit - Maple Street ". At 7:40 P.M., this public hearing was closed. ( *Planner Sohn entered the meeting at 7:35 P.M.) The following person spoke at this public hearing: Robert Brunelle, Applicant. The following motions were made at this public hearing: Motion: To close the public hearing for the "Special Permit - Maple Street" for Robert Brunelle and to approve this Special Permit but note the physical structure of the building was not shown an the plan. (Madan - McClanahan) All in favor. PASSES. 3. Clerk's Report Correspondence Letter from Mr. Robert Folsom regarding "Whitetail Acres ". 4. Executive Session At 7:45 P.M., the Planning Board polled to enter into Executive Session for dis- cussion of litigation involving "Whitetail Acres ". Planner Sohn -- Aye Planner Quinn - Aye Planner Madan - Aye Planner Flynn - Aye Planner McClanahan - Aye Planner Caponigro - Aye Chairman Annino - Aye At 8:05 P.M., the Planning Board resumed their scheduled meeting. 5. Correspondence (cont.) Memo to Michel LaCasse from Robert E. Powers recommending partial release of bond for "Morrow Street Ext., Phase II" - Prince Street in the amount of 836,379.09. Motion: To approve the partial release of bond for Prince Street in the amount of $36,379.09. (McClanahan - Quinn) All in favor. PASSES. Advertisement for Community Development Director, written by Thomas E. Dwyer, Town Manager. 1 Planning Board's Minutes November 9,'19p8 Page -2- Motion: To send a letter to the Town Manager stating that the Town Charter clearly states that the Planning Board will receive, read and review all resumes for the position of Town Planner and will send three candidates to the Town Manager for selection of the final candidate. (Quinn - WITHDRAWN) Motion: To go into Executive Session for the purpose of discussing hiring pro- cedures and personnel that are currently employed by the Town which might prove embarrassing if done during public session. (Quinn - WITHDRAWN) Motion: To let the Chairman handle this problem. (Madan - No second) Special Town Counsel's response to suit filed by School Street Realty Trust. Copy of report from Sanford Ecological Services Inc. regarding "Witch Pond Estates ". Letter to the Planning Board from Attleboro Pawtucket Savings Bank regarding bond release for "Fuller Estates ". Letter from Planning Board to Zoning Board of Appeals regarding Denzler /Couture property. Zoning Report. Annual Report from the Massachusetts Housing Finance Agency. Public Hearing Notices for the Town of Foxborough. Statement of Facts from Zoning Board of Appeals for Clemmey, Uva, and McClanahan. 6. Variance Requests Janet Epstein, 79 Walnut Street Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Epstein for an existing deck with less than the required rear yard, which is non - conforming in the Residence A Zone. (Flynn - McClanahan) All in favor. PASSES. Thomas and Christine Vera, 52 Henry Street Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Vera for an existing deck with less than the required side yard, which is non- conforming in the Residence A Zone. (Flynn- McClanahan) All in favor. PASSES. ( Donald H. DesVergnes, Elm Street Motion: To send a positive recommendation to the Zoning Board of Appeals on il Planning Board's Minutes November 9, 19f3 Page -3- the variance application for DesVergnes to subdivide a parcel of land on Elm Street, one of said lots having less than the required frontage which is non - conforming in the Agriculture Zone, and ask Community Development Director LaCasse to send a strong letter to the Zoning Board of Appeals explaining the alternative (previously denied) sub- division plan presented to the Planning Board by Mr. DesVergnes. (Flynn - Caponigro) All in favor. PASSES. Normand E. Chartier, 1004 East Street Motion: To send a negative recommendation to the Zoning Board of Appeals on the special permit application of Chartier to convert a single family dwelling to a two - family dwelling at 1004 East Street, which is non - conforming in the Agriculture Zone due to the fact this variance derogates from the intent of the Zoning By -Laws and there is no hard- ship. (Quinn - Madan) All in favor. PASSES. 7. "Form A" (ANR) Plans J. B. Realty Co., Sean Drive Motion: To sign the "Form A" Plan for off Sean Drive. (Flynn - Quinn) All in favor. J. B. Realty Co. for property located PASSES. WRC Properties, Hampden and Middlesex (' Motion: To sign the "Form A" Plan for WRC Properties (CC&F) for property lo- cated off Hampden and Middlesex. (Madan - Quinn) All in favor. PASSES. l The Folkman Company, Clementine Drive Motion: To sign the "Form A" Plan for Folkman for property located off Clementine Drive. (Flynn - Madan) All in favor. PASSES. ISPD USA, Branch Street Motion: To sign the "Form A" Plan for ISPD for property located off Branch Street. ( Caponigro- Quinn) All in favor. PASSES. B. 8:45 P.M. - Master Plan Workshop Community Development Director LaCasse took this opportunity to explain how he plans to utilize his time working for the Planning Board as a Consultant. Mr. LaCasse hopes to set aside a minimum of ten to twenty hours per week, to include the Planning Board's meetings. He will be meeting with the Town Manager to dis- cuss this and told the Board they would have to prioritize the utilization of this time, which will include time on Master Plan. Motion: To request a maximum of twenty hours of Michel LaCasse's time per week. If his time goes over twenty hours, the Planning Board will go back to the Town Manager to request more time. This time will be for Planning Board issues, with the emphasis on Master Plan and major Planning Board projects. The Planning Board will rely heavily 3 Planning Board?s Minutes November 9, 198B. Page -4- on the expertise of the Town Engineer. (Quinn - Madan) All in favor. PASSES. The Planning Board agreed to work an the changes to the Zoning Map for this evening's workshop. Community Development Director LaCasse discussed the two areas which were over- looked while reviewing the zoning changes for Master Plan, one for Mr. DeTrolio on Elm Street and the other for Mr. Mathews at Creeden and Central Streets. Both of these people would like to rezone to General Business. Mr. Mathews land is half in Residential and half in Business. Mr. DeTrolio owns property on Elm Street which was a business property prior to zoning. However, in order to keep this as business, variances must be applied for. Motion: To adjust the lot line on the Zoning Map for the property at Creeden and Central Streets. (Madan- Quinn) All in favor. PASSES. Motion: To change the Zoning Map for the area on Elm Street at the West Mansfield Variety to Neighborhood Business. (Madan - Flynn) All in favor. PASSES. Community Development Director LaCasse next discussed the area at Rte. 106 and Rte. 140, at the end of Wood Avenue and Creeden Street, which is currently Residence A, will be changed on the map to General Business. In the Downtown, in the area near the Spaulding School between the car dealer and the Downtown, will be changed to Zone B2. The land off Willow Street which is currently zoned both Agricultural and Residence A will be changed to R -3, which is the equivalent of Residence A. A strip of Agricultural land near Bicentennial Court will be changed to R -3. The Reservoir District was changed at the last workshop from PRD to RD so as not to confuse this with the Planned Residential District. Planner Quinn informed the Board that several attempts have been made to change zoning lines -in recent years and have all failed at Town Meeting. He feels that by incorporating these changes within the Master Plan, it could bring about a failure of the Master Plan. Board members discussed this problem at length. Planner Quinn stated he is willing to advertise for the public hearing for the Master Plan document as written in order to get as much public input as possible before finalizing the document. Motion: To advertise the Master Plan as written with the few minor changes which have been brought to the attention of the Planning Board and not have the Planning Board wait to pass judgment until after the public hearing in order to expedite the process. i (Quinn - Caponigro) NO VOTE TAKEN. 4 Planning Board's Minutes November 9,1988 Page -5- Motion: Set a date to schedule one more workshop to review the Master Plan document and set a date for the public hearing. (Quinn - Madan) Planners Quinn, Madan, Sohn, McClanahan, Caponigro and Chairman Annino in favor. Planner Flynn opposed. PASSES. Motion: To set a workshop date for Wednesday, December 7, 1988 and the public hearing date for January 4, 1989) keeping January 11, 1989 open to continue this public hearing. (Quinn - McClanahan) All in favor. PASSES. Planner Quinn suggested putting a couple of hundred copies of this document at the Library (if money is available in the budget) to make it more readily avail- able to the public. Possibly advertise this fact. Motion: To take Mr. Kaufman's Variance Request out of order. (Flynn- McClanahan) All in favor. PASSES. Variance Request Donald Kaufman, 505 and 509 West Street. Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Kaufman from Section IV.B.2.a. to con- struct a warehouse building on property located at 505 and 509 West Street, owned by Kaufman and David G. Dutra, said use not permitted in the Agriculture and Residence A Zone, due to the fact this variance is consistent with natural barriers and is abutting the Industrial Zone. Also, the Master Plan Advisory Council is recommending this area be rezoned for this use. (Quinn - Caponigro) All in favor. PASSES. Return to Master Plan Workshop Community Development Director LaCasse reviewed various areas of Town which are both residential and industrial. The area on Branch Street near Compo Chemicals was discussed. Board members do not feel residential should be allowed in this area even by Special Permit. This area was recently designated as an hazardous waste site. This land cannot be sold until the pollution is cleaned up. The Board discussed lot sizes for controlling density for cluster. Cluster should be added to the matrix showing areas where it will be allowed. The note at the bottom of page 28, "75 foot front yard setback on lots over 30,000 sq. ft. with frontage located on a road ", should read "scenic" road. The 75' setback was discussed at length. FAR (floor area ratio) and allowable open space was reviewed. The Planning Board will review the Master Plan document independently and will 1, be prepared for the next workshop which will be held December 7, 1988. 5 Planning Board's Minutes November 9, 198 Page -6- 1 Board of Selectmen will be holding a meeting for the Master Plan on November 30, 1988 and the Planning Board feels a Planning Board member should be present. 9. Around the Table Planner Flynn asked if a response has come from Special Town Counsel, Alphonse Query, regarding reserve strips and street abandonment. Community Development Director LaCasse stated he has been trying to push Mr. Query for this informa- tion but nothing has been submitted to date. Planner Flynn also asked about the status of the cash bond being proposed for "Chauncy Place ". Mike explained that the cash bond is acceptable because it is a passbook account. Planning Board discussed abandoning Paine Road, which is listed as a private way, due to the fact it will be directly across from the Chauncy Place opening. Community Development Director LaCasse spoke to Roger Rec referencing the letter from Mansfield Cooperative Bank notifying the Planning Board that the letter of (' credit for "Cowan Meadows" had expired. Mike asked Mr. Rec to notify the Plan - ning Board in the future 60 days prior to the expiration of any letters of credit. A letter will be sent to the bank stating prior to expiration, the Planning Board must be notified by Certified Mail. 10. Meeting adjourned at 10:05 P.M. CLERK DATE 6F APPROVAL -- r C