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HomeMy WebLinkAboutPlanning Brd Minutes 10/12/1988PLANNING BOARD'S MINUTES OCTOBER 12, 1988 Present: Chairman Annino, Clerk Madan Planners: *Caponigro, Flynn; McClanahan, Community Development Director LaCasse Meeting called to order at 7:30 P.M. �£ �! 1028 Quinn, *Sohn 2. 7:30 P.M. - Continuation of Public Hearing - "Balcom Ridge Estates II" - Applicant: Nicholas C. Harris, Jr. - Deadline: October 20, 1988 At 7:30 P.M., Chairman Annino continued the public hearing for "Balcom Ridge Es- tates II ". At 7:40 P.M. this public hearing was continued until November lb, 1988 at 8:00 P.M. The following person spoke at this public hearing: Nicholas C. Harris, Jr., Applicant. The following motions were made at this public hearing: Motion: To accept an extension of the deadline for "Balcom Ridge Estates II" until November 18, 1988. (Quinn - McClanahan) All in favor. PASSES. Motion: To send a letter to the Board of Selectmen stating that the Planning Board supports the principle of the land swap with the Town of Mansfield being suggested by Mr. Nicholas C. Harris, Jr. (Quinn - Flynn) All in favor. PASSES. Motion: To continue the public hearing for "Balcom Ridge Estates II" until November ib, 1988. (Quinn - Flynn) All in favor. PASSES. 3. Clerk's Report Correspondence Copy of memo to Michel LaCasse from Thomas E. Dwyer, Town Manager, regarding stop signs in Mansfield. Letter to Planning Board from Paul J. Folkman regarding modification to "Fuller Estates" subdivision. Memo from secretary to Planning Board informing them that conditions of approval were not met for "Northridge Estates" within the twenty (20) day appeal period. Motion: To send a letter to Judith F. Scott, Town Clerk, informing her that the applicant for "Northridge" definitive plan failed to comply within the twenty (20) day appeal period and the Planning Board is denying this plan. (Quinn - Flynn) All in favor. PASSES. Letter to Robert E. Powers from Aldo Paglia, The Bonwood Company, Inc., regard- ing scheduling to bring the roads at "Massapoag Estates" subdivision up to base coat. ( Letter from Attleboro /Pawtucket Savings Bank acknowledging release of funds for 1 Planning Board's Minutes October 12, 1988 Page -2- "Mansfield Manor ". Letter to Planning Board from OMNIS Corporation regarding release of funds for "Hidden Estates ". Memo from Robert E. Powers recommending partial release of funds in the amount of 823,258.61 for excavation at "Matthews Estates ". Motion: To release 1=23.258.51 for excavation at "Matthews Estates" subdivi- sion. (Quinn- McClanahan) All in favor. PASSES. Memo from Robert E. Powers recommending partial release of funds in the amount of 853,302.80 for roads and sidewalks at "Van Koert Farms ". Motion: To release 853,302.80 for partial completion of roads and sidewalks at "Van Koert Farms ". (Quinn - McClanahan) All in favor. PASSES. Memo from Robert E. Powers recommending partial release of funds in the amount of 8114,550.20 for partial completion of excavation, drainage and water at "Massapoag Estates ". Motion: To release 8114,550.20 for partial completion of excavation, drainage and water at "Massapoag Estates ". (Quinn - McClanahan) All in favor. PASSES. Copy of letter to Attorney Elliott Fine from Michel LaCasse regarding refund of filing fee for "Pine Terrace Estates ". Copy of letter to Special Town Counsel, Alphonse Query, from Michel LaCasse regarding reserve strips and also enclosing a copy of letter from the attorney for Nicholas Harris. Copy of letter to Judith F. Scott, Town Clerk, from Planning Board regarding denial of "Oakview" definitive subdivision plan. Copy of letter to Hutchins /Trowbridge Associates, Inc. from Planning Board regarding waivers for "Maple Hill Estates I ". Public hearing notices for the Town of Foxboro. Zoning Board of Appeals Statement of Facts for Jameson. S/F Magazine. EOCD Land Use Manager. EOCD memo regarding CDAG third round funding. 4. Variance Requests Karl D. Clemmey, 33 Henry Street Motion: To send a positive recommendation to the Zoning Board of Appeals on variance application of Clemmey to construct /relocate a building at 33 N Planning Board's Minutes October 12, 1988 Page -3- Henry Street with less than the required rear yard and area which is non- conforming in the General Business Zone. (Madan- McClanahan) Planners Madan, McClanahan and Quinn in favor. Chairman Annino opposed. Planner Flynn abstains. PASSES. ( *Planner Sohn entered the meeting at 7:50 P.M.) ( *Planner McClanahan left the meeting at this time.) Michael A McClanahan, Wood Avenue (Maryalice Way) Motion: To send a positive recommendation to the Zoning Board of Appeals on variance application of McClanahan to construct a two family dwelling on Maryalice Way which is non - conforming in the Residence A Zone, (Flynn - Quinn) All in favor. PASSES. ( *Planner McClanahan returned to the meeting at this time.) ( *Planner Caponigro entered the meeting at 7:55 P.M.) 5. 8:00 P.M. - Public Hearing Zoning Amendment - By Petition to Amend the Zoninq By -Laws and to Amend the Town's Zoning Map to Rezone from Residence C to Residence A a Parcel of Land Bounded by Shield Street, Hope Street, Thompson Street, Fuller Place and Oakland Street At 8:00 P.M., Chairman Annino opened the public hearing to amend the Zoning By- Laws and the Town's Zoning Map to rezone from Residence C to Residence A a par- cel of land bounded by Shield Street, Hope Street, Thompson Street, Fuller Place and Oakland Street. At 8:45 P.M. this public hearing was continued until Decem- ber 14, 1988 at 8:00 P.M. The following people spoke at this public hearing: John Colbert, 29 Kingman Avenue, Mansfield, representing petitioners. Attorney Garen Bresnick, representing, owners of property. Arduina D. DeSantis, 28 Kingman Avenue, Mansfield Donald Baker, Hope Street Mansfield Realty Trust, owner of property. The following motions were made at this public hearing: Motion: To close the public hearing with the exception of accepting written input from appropriate public officials to include Special Town Coun- sel, Alphonse Query. (Madan - WITHDRAWN. - Motion: To continue the public hearing for sixty (60) days until December 14, 1988 at 8:00 P.M. (Madan - McClanahan) All in favor. PASSES. b. 9:00 P.M. - Public Hearing Zoning Amendment - by Planning Board to Amend Section I.E. and Section IV .B. of the Zoning By -Laws At 9:00 P.M., Chairman Annino opened the public hearing to amend Section I.E. and Section IV.B. of the Zoning By -Laws. At 9:04 P.M., this public hearing was closed. 3 Planning Board's Minutes October 12, 1988 Page -4- No public was present for this public hearing. The following motions were made at this public hearing: Motion: To waive the reading of the public hearing notice. Properly written documents are available to the public. (Quinn- Madan) All in favor. PASSES. Motion: To close the public hearing. (Quinn - Caponigro) All in favor. PASSES. Motion: To support the amendment to Section I.E. and Section IV.B. of the Zoning By -Laws as written. (Quinn - Flynn) All in favor. PASSES. 7. Variance Requests (Cont.) Fred J. Barrows, 440 East Street Motion: To send a negative recommendation to the Zoning Board of Appeals on the Variance application of Barrows to construct a single family dwelling at 440 East Street with less than the required frontage, which is non- conforming in the Residence A Zone because this is an unbuildable lot due to the fact that there is insufficient square footage and insufficient frontage on a public way. The portion of Church Street shown on the plan is Town owned property. The lot should be deemed as three separate parcels - two of which are not buildable and one of which is owned by the Town of Mansfield. (Quinn -Sohn) All in favor. PASSES. B. 9.15 P.M. - Public Hearing Zoning Amendment - By Planning Board to Amend Section III.E.a and b. of the Zoning By -Laws At 9:15 P.M., Chairman Annino opened the public hearing to Amend Section III.E.a. and b. of the Zoning By -Laws. At 9:20 P.M., this public hearing was closed. No public was present for this public hearing. The following motions were made at this public hearing: Motion: To waive the reading of the public hearing notice. Properly written documents are available to the public. (Quinn- Madan) All in favor. PASSES. Motion: Amend this amendment by deleting the letter "b" from the public notice. (Quinn - Madan) All in favor. PASSES. Motion: To close the public hearing. (Quinn -Sohn) All in favor. PASSES. Motion: To support the amendment to Section III.E.a. of the Zoning By -Laws as 4 Planning Board's Minutes October 12, 1988 ( -- Page -5- amended. (Quinn - Caponigro) All in favor. PASSES. 9. Variance Requests (Cant,) Charles Tegan, 1B Coach Road Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Tegan to construct an addition to an ex- isting dwelling at 18 Coach Road with less than a 25' sideyard, which is non - conforming in the Residence AA Zone due to the fact that the plan submitted is not acceptable and is not drawn by a registered land surveyor. Applicant should consider building his addition one foot smaller. (Quinn - Flynn) Planners Quinn, Flynn, Madan and Chairman Annino in favor. Planners Caponigro, McClanahan and Sohn opposed. PASSES. 10. Minutes of August 10 and 242 1988 Motion: To approve the minutes of August 10 and 24, 1988 as written. (Flynn- Madan) All in favor. PASSES. II. "Form A" (AMR) Plans Allen L Willis, Jr. - Willow Street Motion: To sign the "Form A" (AMR) plan for 1•)illis for property located off Willow Street. (Caponigro -Sohn) Planners Caponigro, Sohn, Quinn, Madan and McClanahan in favor. Planner Flynn and Chairman Annino opposed. PASSES. 12. 9 30 P.M. Public Hearing Zoning Amendment - By Planning Board to Amend Section IV C 1 of the Zoning By -Laws At 9:30 P.M., Chairman Annino opened the public hearing to amend Section IV.C.1 of the Zoning By -Laws. At 9:32 P.M. this public hearing was closed. No public was present for this public hearing. The following motions were made at this public hearing: Motion: To waive the reading of the public hearing notice. Properly written documents are available to the public. (Quinn - Madan) All in favor. PASSES. Motion: To close the public hearing. (Madan - McClanahan) All in favor. PASSES. Motion: To support the amendment to Section IV.C.1 of the Zoning By -Laws as written. (Quinn- Madan) All in favor. PASSES. 13. Around the Table Community Development Director LaCasse spoke to the Planning Board regarding a variance filed two years ago by Donald DesVergnes for the same property recently submitted as a definitive subdivision plan entitled "Oakview ", which the Plan- 9 Planning Board's Minutes October 12, 1988 Page -6- ning Board denied. Mr. DesVergnes has asked if the Planning Board would support his efforts if he reapplies to the Zoning Board of Appeals for a variance for this property. Consensus vote showed 100''% of the Board in favor of supporting this variance. Community Development Director LaCasse stated he spoke to David Welch, applicant for the "Trowbridge Woods" definitive subdivision, recently approved by the Planning Board. One of the conditions of approval was that a tree be left in the middle of the island at the roadway entrance to this subdivision. However, all the brush and trees have been removed from around the large tree and it ap- pears to be dying. Jameson Landscaping will be checking this: Mr. Welch does not want to cut the tree down and would like suggestions from the Planning Board. Board members will look at the tree. Planner McClanahan informed the Board that the Solid Waste Committee will be touring a trash -to- energy facility in Milbury on Saturday, October 22) 1968. Cable may be notified to accompany the committee. Planner Quinn stated the Fish & Game people had contacted him because they would like to demolish their old building and put up a quonset but -type building with an indoor pistol range and wanted to know if there would be any zoning problems. Planner Quinn informed Fish & Game they might need a Special Permit. Board mem- bers discussed adding to the Zoning By -Laws to include sportsmen clubs. 14. 9:45 P.M. - Public Hearing Zoning amendment - By Planning Board to Amend Section V C 3 i 1 of the Zoning By -Laws At 9:45 P.M., Chairman Annino opened the public hearing to amend Section V.C.3.j.1. of the Zoning By -Laws. At 9:47 P.M., this public hearing was closed. No public was present for this public hearing. The following motions were made at this public hearing: Motion: To waive the reading of the public hearing notice. Properly written documents are available to the public. (Quinn- Madan) All in favor. PASSES. Motion: To close the public hearing. (Sohn - Quinn) All in favor. PASSES. Motion: To support the amendment to Section V.C.3.j.1. of the Zoning By -Laws as written. (Quinn -Sohn) All in favor. PASSES. FAI Planning Board's Minutes October 12, 1988 / Page -7- 15. Around the Table (Cont.) Planner Sohn stated the Canoe River Aquifer Committee had recently asked for in- formation about the severing project in East Mansfield. Community Development Director LaCasse feels the Town is going in the right direction with this project and that he would like to meet with the developers again. Mr. LaCasse will be asking the developers for letters of support for sewering East Mansfield. Planner Sohn stated she would like to see the Planning Board put press releases in the newspaper prior to workshop discussions of the Master Plan. Community Development Director LaCasse felt this was a good idea but would like to wait until the plan is closer to completion. 16. 10.00 P.M. - Public Hearing Zoning Amendment - by Planning Board to Amend Sec- tion V.M.I. and V.M.2. of the Zoning By -Laws At 10:00 P.M., Chairman Annino opened the public hearing to amend Section V.M.I. and V.M.2. of the Zoning By -Laws, At 10:02 this public hearing was closed. No public was present for this public hearing. The following motions were made at this public hearing: Motion: To waive the reading of the public hearing notice. Properly written documents are available to the public. (Quinn- Madan) All in favor. PASSES. Motion: To close the public hearing. (Sohn - Quinn) All in favor. PASSES. Motion: To support the amendment to Section V.M.1. and V.M.2. of the Zoning By -Laws as written. (Quinn- McClanahan) All in favor. PASSES. 17. Meeting adjourned at 10:05 P.M. CLERK ll /� DATE APPROVED 7