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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. 1 OCT 4 1988 '< l al 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 1 Planning Board's Minutes August 10, 1988 Page -2- 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 N Planning Board's Minutes August 10, 1988 Page -4- 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.) 3 Planning Board's Minutes August 10, 1988 Page -4- 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. 0 I 1, Planning Board's Minutes - August 10, 1988 Page -5- 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 5 Planning Board's Minutes August 100 1988 Page -6- "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. ,1 Planning Board's Minutes August 10, 1988 Page -7- (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 7 Planning Board's Minutes August 10, 1988 Page -B- 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� I F-