HomeMy WebLinkAboutPlanning Brd Minutes 8/10/1988PLANNING BOARD'S
MINUTES
AUGUST 10, 1988
Present: *Chairman Annino, Clerk Madan
Planners: Caponigro, Flynn, McClanahan, Quinn, Sohn
Community Development Director LaCasse
Subdivision Supervisor, Robert Powers
1. Meeting called to order at 7:00 P.M.
Motion: To appoint Planner McClanahan Acting Clerk.
(Flynn - Caponigro) All in favor. PASSES.
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2. Clerk's Report
Correspondence
Letter to Michel LaCasse from Massachusetts Development Corporation (MDC), which
accompanied preliminary special permit plans for Cobbler's Corner Life Care
Facility for review by the Planning Board, requesting time on the agenda 9/7/88.
Motion: To put the MDC on the agenda to review the preliminary special permit
plans for Mansfield Life Care Facility.
(Flynn - Caponigro) All in favor. PASSES.
Memo to Michel LaCasse from Robert E. Powers recommending partial release of
funds for "Massapoag Estates" subdivision in the amount of $272,609.
Motion: To release $272,609 for partial completion of water and drainage at
the Massapoag Estates subdivision.
(Flynn - Caponigro) All in favor. PASSES.
Memo to Michel LaCasse from Robert E. Powers recommending partial release of
funds for "Oak Hill" subdivision in the amount of $15,224.98.
Motion: To release $15,224.98 for partial completion of water, sewer and roads
at the Oak Hill subdivision.
(Flynn- Caponigro) All in favor. PASSES.
( *Chairman Annino entered the meeting at 7:10 P.M. and assumed his position as
Chairman. Planner Madan assumed his position as Clerk at this time.)
Copy of letter to Conservation Commission from Anderson - Nichols notifying Con-
servation of a necessary field adjustment at the Chrysler Motors building.
Letter from James N. Salem regarding modification to Otis Street entrance to
School Street as it pertains to "Whitetail Acres" subdivision. At this time,
the Planning Board allowed Mr. Eugene Boyle, applicant, to speak regarding the
letter from Mr. Salem which stated in part that these modifications could not be
done. Community Development Director LaCasse will have a traffic engineer visit
the sight and comment on this situation.
Letter to Michel LaCasse from David Grant regarding outstanding bonds for Cabot,
Cabot & Forbes Industrial Park. Al Andrews will be asked to inspect the roads
and give the Planning Board a checklist. At this time, Mr. Grant will be in-
vited to a Planning Board meeting.
Letter to Michel LaCasse from Mr. and Mrs. Longendorfer regarding completion of
the Mansfield Manor subdivision. Robert E. Powers informed the Planning Board
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1 that Mr. Pasqualino has been making an effort to complete this subdivision.
3. 7.30 P.M. - Continuation of Public Hearing - "Chauncy Place" - Applicant:
Chauncy Realty Trust - Deadline: August 15, 198B
At 7:30 P.M., Chairman Annino continued the pubic hearing for "Chauncy Place ".
At 7:31 P.M. this hearing was postponed for fifteen minutes.
The following motion was made at this public hearing:
Motion: To postpone the public hearing for "Chauncy Place" to await the ar-
rival of James Dunn of Dunn Engineering.
(Caponigro- Flynn) All in favor. PASSES.
4. Correspondence (Cont.)
Copy of memo to Master Plan Advisory Council members from Kelli Baker, Chairman
regarding meeting of August 4, 1988.
Memo to Planning Board from Kelli Baker, Master Plan Advisory Council Chairman,
requesting a joint meeting with the Planning Board and Board of Selectmen to
discuss the Master Plan on either September 14 or 15. (Community Development
Director laCasse stated he would like to hold a workshop on August 24 to discuss
the Master Plan report.)
5. 7.45 P.M. - Reopen Continuation of public hearing for "Chauncy Place"
At 7:45 P.M., Chairman Annino reopened the continuation for the public hearing
for "Chauncy Place ". At 9:00 P.M., this public hearing was continued until
August 24, 1988 at 7 :30 P.M.
The following people spoke at this public hearing:
James Dunn, Dunn Engineering Co. Inc.
Edward Marchaselli, applicant.
( *Planner Quinn entered the meeting at 8:15 P.M.)
The following motions were made at this public hearing:
Motion: To accept an extension of the deadline until August 26, 1988.
(Madan - Quinn) All in favor. PASSES.
Motion: To accept the letter signed by Mr. Marchaselli dated August 10, 1988
The Board and that the Board will attempt to put the first and second
waivers into it's final motion to approve the subdivision at the close
of the public hearing.
1. Waiver from Section IV.A.2.b. - Minimum Centerline Radius -
Secondary Road to use 50' instead of 250' minimum as the
result of extending existing public way.
2. Waiver from Section IV.A.3.a.1. - Minimum Street Width
To be allowed the use of 40' width due to the fact applicant
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will be connecting to an existing 40' way (Giles Place).
(Quinn - Madan) All in favor. PASSES.
Motion: To grant a waiver from Section IV.H - Roadway Cross - Section, Schedule
A. When the final plan is adopted, the plan is to show a 35' roadway
easement and a 5' sidewalk. A 5' sidewalk easement on the opposite
side of the roadway should also be shown.
(Quinn - Flynn) All in favor. PASSES.
Motion: To allow the applicant to speak to the Planning Board regarding the
5' sidewalk easement.
(Caponigro- McClanahan) All in favor. PASSES.
Motion: To request the applicant try, from the abutters, to secure a trian-
gular piece of land for the easement.
(Flynn -Madan for discussion) WITHDRAWN.
Motion: To require the applicant to attempt to deal with the Mansfield Credit
Union. If they are not successful, to ink on the plan a wider radius
on the Town's property.
(Madan - Quinn) Planners Madan, Quinn, Sohn, Caponigro and Chairman
Annino in favor. Planner McClanahan opposed. PASSES.
Motion: To require the applicant to put a five (5') foot easement along the
applicant's property.
(Quinn - Madan) All in favor. PASSES.
Motion: To continue the public hearing until August 24, 1988 at 7:30 P.M.
(Quinn -Sohn) All in favor. PASSES.
6. Discussion
Planner Madan spoke to the Board regarding a discussion the Board of Selectmen
had during their meeting this evening on sewering East Mansfield. Planner Madan
stated some of the developers are very interested in working with the Planning
Board to see if something could be negotiated to have sewer lines installed in
East Mansfield and asked if the Board would like to undertake this project from
start to finish. Community Development Director LaCasse would like to invite
the interested developers to a Planning Board workshop discussion on sewering
East Mansfield. The Board discussed various solutions to paying for this
project.
Motion: To nominate Planner Madan to represent the Planning Board at the Board
of.Selectmen's meeting tonight for sewering East Mansfield and inform
the Selectmen that the Planning Board would like to undertake this
project.
(Quinn -Sohn) All in favor. PASSES.
(Planner Madan left the meeting at this time to attend the Board of Selectmen
meeting.)
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7. Executive Session
Poll of Planning Board to enter into Executive Session to discuss litigation for
Church Street (Colella).
Motion: To enter into Executive Session for the purpose of discussing litiga-
tion regarding Church Street (Colella).
Planner Sohn - Aye
Planner Quinn - Aye
Planner McClanahan - Aye
Planner Flynn - Aye
Planner Caponigro - Aye
Chairman Annino - Aye
B. Discussion of Changes to the Subdivision Rules and Regulations
Community Development Director LaCasse reviewed the changes to the Subdivision
Rules and Regulations as previously presented to the Planning Board.
1. Section II.E - Fee Structure - Accepted as presented.
2. Section III.A - Approval Not Required Plans
Item g. - accepted as presented.
Item 2 - accepted as presented.
3. Section III.B.1. - Preliminary Plan - Accepted as presented.
4. Section III.B.2. - Preliminary Plan - Accepted as presented.
5. Section III.C. - Definitive Plan - Accepted as presented.
b. Section III C 3 - Environmental Impact Statement - Accepted as presented.
7. Section III.C.10 - Certificate of Approval - Add subparagraph to read "The
Board may decline to approve any plan unless the applicant agrees to
complete the ways shown thereon and install the public utilities aforesaid
within a specific time period from the date of approval. (Refer to Section
III.C.il.)"
8. 'Section III.C.11. - Performance Guarantee - Delete last paragraph of Section
a. and replace by the following: "Said covenant shall include a period of
time for the applicant to start the construction and complete the ways
and other improvements proposed in the subdivision plan (See Section
III.C.10). The covenant shall state that "failure to comply within the
above mentioned time period will result in the automatic rescission of the
subdivision plan "."
9. Section IV.A.2.g. - Design Standards - Accepted as presented.
10. Section IV.A.5.b. - Design Standards - Add "The Planning Board may also
also require..."
11. Section IV.K. Unaccepted Streets - Correct typographical error referencing
size of water main from "six" to "eight" inches.
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12. Section V.C.b. - Utilities - Accepted as presented.
13. Section V.C.q. - Utilities - Accepted as presented.
14. Section V.I. - Street Signs and Names - Accepted as presented.
15. Section VI.D. - Inspections - Accepted as presented.
Community Development Director will work with the new Engineer, Robert E. Powers
and several of the engineers that live in Mansfield to update the drainage
regulations at a later date. Pre - treatment marshes were discussed briefly at
this time.
Board members asked Community Development Director LaCasse to add the following
to Item 13: "Driveway cuts shall be shown on the plan. Said driveway cuts may
be changed after endorsement of a plan if reviewed and approved by the Planning
Board Agent."
Motion: To advertise for a public hearing for changes to the Subdivision Rules
and Regulations as soon as possible.
(Flynn - Caponigro) All in favor. PASSES.
9. Discussion
At this time, the Planning Board invited a member of the public to speak to the
Board due to the fact she had been waiting all evening.
Kim Priesing of OMNIS Corporation spoke to the Board regarding the bond status
at "Hidden Estates" in relation to a letter in Correspondence this week from
OMNIS which has not as yet been read. This letter was a request for release of
funds in the amount of $10,394.15 for repairs to Brown Avenue and stated if a
response is not forthcoming, possible legal action may be taken against the
Planning Board and the Town of Mansfield.
Ms. Priesing was informed that in the future if she wished to speak to the Plan-
ning Board that she contact the Planning Secretary and request time on the
agenda.
Motion: To engage Town Counsel and give him copies of all correspondence pend-
ing possible litigation.
(Quinn - Caponigro) Planners Quinn, Caponigra, Flynn, McClanahan and
Sohn in favor. Chairman Annino abstains. PASSES.
10. Correspondence (Continued)
Letter to Judith F. Scott, Town Clerk, from Richard Staples requesting copies of
all correspondence relating to the "Windermere" subdivision.
Letter to Planning Board from Attorney Elliott Fine regarding "Eastbrook
Estates" release of funds.
Copy of letter to Leonard Flynn from Associated Building Inspectors which was
presented to the Planning Board after the close of the public hearing for
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"Windermere ".
Building Construction for the month of July.
Copy of letter from Planning Board to Judith F. Scott, Town Clerk, regarding
denial of "Windermere" definitive plan.
Copy of letter from Planning Board to Judith F. Scott, Town Clerk, regarding ap-
proval of "Campbell Street" definitive plan.
Copy of letter from Planning Board to Judith F. Scott, Town Clerk, regarding
denial of "Form A" (ANR) Plan for Allen L. Willis.
Copy of letter from Planning Board to Home Developers Inc. regarding "Green
Acres" Subdivision.
Copy of letter from Community Development Director LaCasse to R. F. Merrikin As-
sociates regarding improvements to Bristol Plaza.
Copy of letter from Community Development Director LaCasse to Special Town Coun-
sel Alphonse Query regarding Hazardous Waste Site Designation.
Copy of letter from Planning Board to Mansfield Cooperative Bank regarding
release of funds for "Oak Hill" subdivision.
Copy of letter from Planning Board to Attleborough /Pawtucket Savings Bank
regarding release of funds for "Massapoag Estates" and "Mansfield Manor" sub-
divisions.
APA membership renewal.
Motion: To subscribe to the APA Journal and renew the membership for one year
at a total cost of $58.00.
(Quinn - McClanahan) All in favor. PASSES.
Public hearing notices for the Towns of Foxboro, Easton and North Attleboro.
11. Variance Requests
David Jameson, 194 Mill Street
Motion: To send a positive recommendation to the Zoning Board of Appeals for
the variance request of Jameson to construct an addition to an exist-
ing dwelling at 194 Mill Street with less than a 25' sideyard, which
is.non - conforming in the Agriculture Zone.
(McClanahan - Caponigro) Planners McClanahan and Caponigro in favor.
Planners Flynn, Sohn, Quinn and Chairman Annino opposed. FAILS.
Motion: To send a negative recommendation to the Zoning Board of Appeals for
the variance request of Jameson to construct an addition to an exist-
ing dwelling at 194 Mill Street with less than a 25' sideyard, which
is non - conforming in the Agriculture Zone due to the fact this
variance derogates from the intent of the Zoning By -Laws and substan-
tially encroaches on the privacy of the neighbors.
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(Flynn - Quinn) Planners Flynn, Quinn, Sohn and Chairman Annino in
favor. Planners Caponigro and McClanahan opposed. PASSES.
12. "Form A" (ANR) Plans
R. T. Realty Trust, Francis Avenue
Motion: To sign the "Form A" (ANR) Plan for R. T. Realty Trust for property
located on Francis Avenue (for Land Court purposes).
(McClanahan - Quinn) All in favor. PASSES.
( *Planner Madan returned to the meeting at this time.)
Allen L. Willis, Willow Street
Motion: To sign the "Form A" Plan for Willis for property located on Willow
Street.
(McClanahan -Sohn) Planners McClanahan, Sohn, Madan and Caponigro in
favor. Planner Flynn and Chairman Annino opposed. Planner Quinn
abstains. PASSES.
The Bonwood Co., Inc., Gander Lane
Motion: To sign the "Form A" Plan for Bonwood for property located on Gander
Lane.
(McClanahan - Caponigro) Planners McClanahan, Caponigro, Sohn and Madan
in favor. Planners Flynn, Quinn and Chairman Annino opposed. PASSES.
Planning Board signed the definitive subdivision plan "Conrad Acres" at this
time.
13. Around the Table
Planner Madan explained to the Planning Board that the Board of Selectmen were
in the process of discussing the West Mansfield sewer system. They are going
for design proposals for both east and west. Planner Madan informed the
Selectmen of the Planning Board's intentions to work with the developers on this
project. The Board of Selectmen, as of tonight's meeting, did not make a deci-
sion as to who would represent them at a joint meeting with the developers.
However, Thomas E. Dwyer, Town Manager, may take part in the discussions.
The Planning Board held a lengthy discussion regarding the pro's and con's of
sewering either East or West Mansfield. Community Development Director LaCasse
stated he had recently given a memo to the Board of Selectmen regarding the
sewer system with the number of proposed house lots for East Mansfield. They
were also given a copy of the estimate for sewering done by RIM Engineering when
it became available.
Motion: To send a letter to the Board of Selectmen with the enact number of
house lots in both the preliminary and definitive stage.
(Sohn- Quinn) All in favor. PASSES.
Motion: To send a letter to the Board of Selectmen inviting them to come to
the joint meeting with the developers regarding the negotiations to
send the sewer line to East Mansfield.
(Madan- Quinn) WITHDRAWN
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Community Development Director LaCasse stated he is working on the modification
to several old subdivision plans.
The Board discussed the procedure to abandon paper streets.
14. Meeting adjourned at 11:05 P.M.
CLERK
DAT�
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