HomeMy WebLinkAboutPlanning Brd Minutes 10/5/1988PLANNING BOARD'S
MINUTES
OCTOBER 5, 1988
( Present: *Chairman Annino, Clerk Madan
Planners: Caponigro, *Flynn, McClanahan, Quinn, *Sohn
Community Development Director LaCasse
1. Meeting called to order at 7:35 P.M.
Motion: To appoint Planner Flynn Acting Clerk.
(Caponigro- McClanahan) All in favor. PASSES.
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2. 7.35 P.M. - Continuation of Public Hearing - "Balcom Ridge Estates II" -
Applicant• Nicholas C Harris, Jr - Deadline: October 20, 1988
At 7:35 P.M., Acting Chairman Madan continued the public hearing for "Balcom
Ridge Estates II ". At 7:59 P.M. this public hearing was continued until the
opening and continuation of the public hearing for "Oakview ".
( *Chairman Annino entered the meeting at 7:45 P.M. and - assumed his respon-
sibilities as Chairman. Planner Madan assumed his responsibilities as Clerk.)
At this time, Mr. Harris asked that a letter from Donald G. Kethro, Kelly,
Kethro, Flannigan & Thomas, Mr. Harris' attorney be read. This letter was
received in the Planning Department office on September 29, 1988 and is
addressed to the Chairman of the Planning Board. Attorney Kethro, an behalf of
Mr. Harris, requests the Chairman have Planner Quinn abstain from further
deliberations involving plans relating to projects of Mr. Harris and /or Global
Realty Trust. Planner Quinn requested that this letter be forwarded to Special
Town Counsel Alphonse Query for his advise. Until Mr. Query responds, Planner
Quinn will continue to review plans involving Mr. Harris and /or Global Realty
Trust.
The following people spoke at this public hearing:
Nicholas C. Harris, Jr., Applicant.
Michael Perreault, Commonwealth Engineering.
Roger Wilcox, 200 Balcom Street, Mansfield.
Norabelle Wilcox, 200 Balcom Street, Mansfield.
The following motions were made at this public hearing:
Motion: To continue the public hearing for "Balcom Ridge Estates II" until the
opening and continuation of the public hearing for "Oakview ".
(Madan - Flynn) All in favor. PASSES.
( *Planner Sohn entered the meeting at 7 :55 P.M.)
3. 8:00 P.M. - Public Hearing - "Oakview" - Applicant: Donald DesVergnes -
Deadline: November 222 1988
At 8:00 P.M., Chairman Annino opened the public hearing for the definitive sub-
division "Oakview ". At 8:01 P.M., this public hearing was continued until the
close of the public hearing for "Balcom Ridge Estates II ".
\ The following motion was made at this public hearing:
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October 5, 1988
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Motion: To continue the public hearing for "Oakview" until the close of the
public hearing for "Balcom Ridge II ".
(Quinn - Flynn) All in favor. PASSES.
4. 8.02 P.M. - Continuation of Public Hearing - "Balcom Ridge Estates II"
At 8:02 P.M., Chairman Annino continued the public hearing for "Balcom Ridge Es-
tates II ". At 8:20 P.M. this public hearing was continued until October 12,
1988 at 7:30 P.M.
A consensus vote of the Planning Board was taken regarding whether the waiver
for the length of the cul -de -sac should be granted. Two in favor, five opposed
to granting the waiver.
The following motions were made at this public hearing:
Motion: To leave the public hearing open to allow Mr.- Harris time to speak to
the Board of Selectmen regarding a land swap for a possible well site,
subject to Town Meeting approval.
(Quinn - Flynn) All in favor. PASSES.
Motion: To write a letter to the Board of Selectmen to let them know what the
Planning Board is thinking about in preparation for Mr. Harris and let
the Board of Selectmen know that time is of the essence.
(Flynn - Caponigro) All in favor. PASSES.
Motion: To continue the public hearing for "Balcom Ridge Estates II" until
October 12, 19BO at 7:30 P.M. at which time Mr. Harris will submit an
official extension form to the Planning Board.
(Quinn- Madan) All in favor. PASSES.
5. 8;25 P.M. - Continuation of Public Hearing for "Oakview"
At 8:25 P.M., Chairman Annino continued the public hearing for "Oakview" defini-
tive subdivision. At 8:59 P.M., this public hearing was continued until the
opening and continuation of the public hearing for "Yoezem Meadow ".
The following people spoke at this public hearing:
Robert Colleran, Hutchins - Trowbridge Associates, Inc.
Robert Glover, 525 Elm Street, Mansfield, MA
The following motion was made at this public hearing:
Motion: To continue the public hearing for "Oakview" until the opening and
continuation of the public hearing for "Yoezem Meadow ".
(Quinn - Caponigro) All in favor. PASSES.
6. 9 :00 P.M. - Continuation of Public Hearing for "Yoezem Meadow" - Applicant:
Charles & Janice Meszoely - Deadline: December 11, 1988
At 9:00 P.M., Chairman Annino continued the public hearing for "Yoezem Meadow ".
At 9:01 P.M., this public hearing was continued until the close of the public
hearing for "Oakview ".
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October 5, 1988
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The following motion was made at this public hearing:
Motion: To continue the public hearing for
the public hearing for "Oakview ".
(Quinn - Caponigro) All in favor.
"Yoezem Meadow" until the close of
PASSES.
7. 9:02 P.M. - Continuation of Public Hearing for "oakview"
At 9:02 P.M., Chairman Annino continued the public hearing for "Oakview. At
9:45 P.M., this public hearing was closed.
The following motions were made at this public hearing:
Motion: To close the public hearing for "oakview" definitive subdivision
plan.
(Quinn -Flynn for discussion) All in favor. PASSES.
Motion: To deny the definitive subdivision plan "oakview" for the following
reasons:
Improper sight distance according to Section IV.A.2. of the
Town of Mansfield Subdivision Rules and Regulations and memorandum
from Patrolman Lance Lawson, Accident Reconstruction Specialist.
2. Use of a "reserve strip" which derogates from Section IV.A.1. of
the Town of Mansfield Subdivision Rules and Regulations.
3. Lack of an EIS, including insufficient drainage calculations, soil
borings and groundwater table. (Section III.C.3)
4. Granite curbing is not shown on the plan.
5. The proposed subdivision plan is circumventing the purpose of the
Subdivision Control Law as set forth in Chapter 41, Section 81.M.
(Quinn - Flynn) Planners Quinn, Flynn, Caponigro, McClanahan, Madan and
Chairman Annino in favor. Planner Sohn opposed. PASSES.
B. 9:50 P.M. - Continuation of Public Hearing - "Yoezem Meadow"
At 9 :50 P.M., Chairman Annino continued the public hearing for "Yoezem Meadow ".
At 10 :40 P.M. this public hearing was continued for five minutes at the
applicant's request and reopened at 10:45 P.M. At 10:50 P.M., this hearing was
continued until October 26, 1988 at 9:00 P.M.
The following people spoke at this public hearing:
Attorney H. Theodore Cohen, Tyler & Reynolds, Boston, MA
Richard Brink, Dunn Engineering.
Joseph Mannarino, Dunn Engineering.
Patricia McKeever, 1401 West Street, Mansfield.
Charles Holland, 1339 West Street, Mansfield.
Charles Meszoely, Applicant.
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( *Planner Flynn left the meeting at 10:35 P.M.)
The following motion was made at this public hearing:
Motion: To continue the public hearing for "Yoezem Meadow" until October 26,
1988 at 9:00 P.M.
(Quinn- McClanahan) All in favor. PASSES.
9. Clerk's Report
Correspondence
Memo to Planning Board and General Public apologizing for inconvenience of
telephone line 261 -7363 being out of order for one week.
Letter from Millbury Planning Board regarding Court judgment pertaining to Plan-
ning Boards requiring subdivisions standards to exceed Town standards in con-
structing roadways.
Request from School Street Realty Trust for copies of minutes pertaining to any
discussion of "Whitetail Acres" subdivision.
Letter from Koppelman and Paige regarding trial date of October 19, 1988 for
Church Street case.
Letter from Hutchins - Trowbridge Associates, Inc. requesting waivers for new sub-
( division entitled "Maple Hill Estates I ". (Consensus vote of the Planning Board
was in the negative to this request.)
Partial bond estimate for "Eastleigh Estates North" in the amount of
$466,978.71.
Motion: To accept the partial bond estimate for "Eastleigh Estates North" in
the amount of $466,978.71.
(McClanahan - Caponigro) All in favor. PASSES.
Letter of credit from Guaranty -First Trust Company for "Eastleigh Estates North"
in the amount of $466,978.71.
Motion: To accept the letter of credit from Guaranty -First Trust Company for
"Eastleigh Estates North" in the amount of $466,978.71.
(McClanahan - Caponigro) All in favor. PASSES.
"Form J" - Release of Covenant for lots 1 -77 at "Eastleigh Estates North ".
Motion: To sign the "Form 7" for "Eastleigh Estates North" for lots 1 -77.
(Madan - McClanahan) All in favor. PASSES.
Bond estimate for "Matthews Estates II" in the amount of $68,237.40.
Motion: To accept the bond estimate for "Matthews Estates II" in the amount of
$68,237.40.
( Caponigro- McClanahan) All in favor. PASSES.
Tri -Party Agreement from Attleboro Pawtucket Savings Bank for "Matthews Estates
( II" in the amount of $68,237.40.
Motion: To accept the tri -party agreement from Attleboro Pawtucket Savings
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October 5, 1988
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Bank for "Matthews Estates II" in the amount of $68,237.40.
(McClanahan -Sohn) All in favor. PASSES.
"Form J" for release of Lots i, 2, 3 and 4 at Gordon Court, "Matthews Estates
II".
Motion: To release Lots 1, 2, 3 and 4 at Gordon Court, "Matthews Estates II"
(McClanahan -Sohn) All in favor. PASSES.
Copy of letter to Pasco Construction from Michel LaCasse regarding remaining
bond balance for "Mansfield Manor ".
Letter from Guaranty -First Trust Company acknowledging release of funds for
"Eastbrook Estates ".
Building Construction for the month of September 1988.
Copy of letter from the Planning Board to Judith F. Scott, Town Clerk, regarding
approval of the "Modification to Wayside Estates" subdivision by abandoning un-
paved sections of the roads.
Copies of letter from the Planning Board to the Attleboro /Pawtucket Savings Bank
regarding release of funds for Mansfield Manor and Cabot's Pond.
Copy of letter from Planning Board to the Mansfield Cooperative Bank regarding
release of funds for Cabot's Pond.
Copy of letter from the Planning Board to Judith F. Scott, Town Clerk, regarding
denial of "Whitetail Acres" subdivision and acceptance of amendments to the
Mansfield Subdivision Rules and Regulations.
Copy of letter from Planning Board to the Town of Foxborough regarding
"Beaumont's Pond ".
Copy of letter to owners of "Wayside Estates" from Planning Board regarding
safety hazard existing on this property.
Public Hearing notices for the Town of Foxboro; City of Attleboro; Town of North
Attleboro and Plainville.
10. Around the Table
Community Development Director LaCasse stated he had attended a Council on Aging
meeting regarding the Life Care Facility. COA took a position of not par-
ticipating in the change of zoning because they did not want to be stuck in a
political ballot. Mike explained that the zoning was changed at Town Meeting
and the Life Care people will file a special permit. Also, the Planning Board
needs to know how it would impact the COA. Some of the possible affected areas
are the "Meals on Wheels ", Transportation, escort service and social workers
that visit the elderly. All of Mansfield's elderly are entitled to those serv-
ices, which are paid for by taxpayers. The Planning Board should review what
types of services Life Care will supply their own people so as not to impact
COA. It may turn out the impact may lessen on COA. The people were very
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October 5, 1988
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pleased that a representative of the Planning Board went to their meeting to
keep the COA updated.
Chairman Annino attended a School Committee Meeting and a Board of Selectmen
meeting on water and informed the boards that the Planning Board supported both
issues.
Planner Quinn informed the Planning Board that a letter will be sent to the
Mansfield News by the subcommittee for the 2 1/2 override that every member of
this committee supports the concept, but does not necessarily support the over-
ride.
Community Development Director LaCasse spoke to the board regarding "T" shape
roads and cul -de -sacs length.
Chairman Annino asked if Community Development Director LaCasse was aware of a
problem with a "Form A" plan for Essex Street. The owner of the property was
not aware of the change in lot lines and the owner's name was entered on the ap-
plication, signed (and initialed) by someone other than the owner. Board mem-
bers discussed this and it was decided this is a civil matter.
Planner Madan asked the Planning Board what their feeling is regarding the pos-
sibility of no sidewalk snow plows for the Town of Mansfield. Planner
McClanahan stated sidewalk plows were approved during the Capital Improvements
process. Planner Madan will represent the Planning Board at next week's Board
of Selectmen meeting during which this issue is due to arise. All Board members
agreed to have Planner Madan inform the Board of Selectmen that if the Town does
not use snowplows, the Planning Board will entertain a change to their Subdivi-
sion Regulations and not require sidewalks in new subdivisions.
An opinion from Alphonse Query will be requested regarding reserve lots.
11. Meeting adjourned at 11:30 P.M.
CLERK
DATE APPROVED
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