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HomeMy WebLinkAboutPlanning Brd Minutes 9/7/1988PLANNING BOARD'S MINUTES SEPTEMBER 7, 1988 Present: Acting Chairman Madan, Acting Clerk McClanahan NOV 418 Planners: Caponigro, *Flynn, Quinn, *Sohn Community Development Director LaCasse 1. 7:30 P.M. - Meeting called to order. Motion: To appoint Planner McClanahan Acting Clerk. ( Caponigro- Quinn) All in favor. PASSES. 2. Clerk's Report Correspondence Invitation from Dunn Engineering Co., Inc. for a Tenth Anniversary open house. ( *Planner Flynn entered the meeting at 7:31 P.M.) Copy of letter from Koppelman and Paige to Paul G. Murphy, Esq., regarding Town of Mansfield vs. Colella, Planning Board response to inquiry for possible uses of the church site and selection of new date to appear in Court. Letter to Michel LaCasse from Mr. and Mrs. Cohen thanking Mike and the Planning Board for the efforts made to complete "Green Acres ". Request from Global Development for release of Lots 4 -19, 21, 23, 24, 251 265 28 and 31 (total of 23 lots) at the "Balcom Ridge Estates" subdivision. ( *Planner Sohn entered the meeting at 7:35 P.M.) The Board tabled this request until their next meeting. Letter from National Development Corporation to Bertram M. Cook, Inspector of Buildings, regarding surplus material removal of 6,000 yards of top soil from the Mansfield Corporate Center III site. Motion: To approve the request by National Development Corporation for removal of 6,000 yards of surplus material from the Mansfield Corporate Center III site. (Flynn- Quinn) All in favor. PASSES. Memo from Thomas E. Dwyer, Town Manager, to the Planning Board regarding Con- struction and /or Siting of Resource Recovery Systems. Memo to Michel LaCasse from Thomas E. Dwyer, Town Manager, enclosing petition by private citizens for a zoning change. Motion: To schedule public hearings for zoning changes for October 5, 1988 at 9:00 P.M. (Quinn - Flynn) All in favor. PASSES. Letter to Michel LaCasse from Keith Development Corporation with Covenant re- corded number and book and page for recorded plan of "Sandy Hill Estates ". Letter to Planning Board from Karl Clemmey regarding work being done on property located on Perkins Avenue. 1 Planning Board's Minutes September 7, 1988 Page -2- Letter to Planning Board from North Attleboro Planning Board regarding reasons for not supporting Grant Application for Regional Study on Water Supply Protec- tion for the Towns of North Attleboro, Plainville, Mansfield and the City of At- tleboro and also to invite Planning Board's of respective communities to a joint meeting for a discussion of this. Motion: To have Michel LaCasse represent the Planning Board attend a North Attleboro Planning Board meeting to support the grant application for the next round. (Quinn - Flynn) All in favor. PASSES. Copies of letters to Dunn Engineering Co., Inc.; RIM Engineering and Hutchins - Trowbridge regarding alignment of lot lines. 3. Site Plan Review o Francis Avenue - Applicant: RIM Engineering Ralph Maloon presented this plan for a proposed office building on Francis Avenue. Motion: To send a positive recommendation to Bertram M. Cook, Inspector of Buildings for the site plan on Francis Avenue with the condition that lighting be added to the plan. (Flynn - McClanahan) All in favor. PASSES. 4. 8.00 P.M. - Public Hearing - "Balcom Ridge Estates II" - Applicant: Nicholas C. Harris Jr. - Deadline: October 20, 1988 At 8:00 P.M, Acting Chairman Madan opened the public hearing for "Balcom Ridge Estates II". At 8:55 P.M., this public hearing was continued until October 5, 1988 at 7:30 P.M. The following people spoke at this public hearing: Nicholas C. Harris, Jr., Applicant. Steven Clarke, Commonwealth Engineering. Ed Siedel, Commonwealth Engineering. Roger Wilcox, 200 Balcom Street, Mansfield. Gary DiNardo, representing James Knight, Jewell Street Ext., Mansfield. The following motions were made at this public hearing: Motion: To get a judgment from Special Town Counsel, Alphonse Query, regarding roadway length as a result of the Court's decision on the Potter case. (Quinn -Sohn) All in favor. PASSES. Motion: To continue the public hearing for "Balcom Ridge Estates II" until October 5, 1988 at 8 :30 P.M. with Mr. Query's opinion sent to the applicant and discussed Around the Table by the Planning Board. (Quinn -Sohn) Planners Quinn, Sohn and Acting Chairman Madan in favor. Planners Flynn, McClanahan and Capanigro opposed. FAILS. r' Motion: To continue the public hearing for "Balcom Ridge Estates II" until September 14, 1988 at 10:00 to discuss the opinion of Town Counsel 2 Planning Board's Minutes September 7, 1988 Page -3- only. Hearing will be continued at that date until October 5, 1988. ( Caponigro- Flynn) Planners Caponigro, Flynn and McClanahan in favor. Planners Quinn, Sohn and Acting Chairman Madan opposed. FAILS. Motion: To reconsider earlier motion by Planner Quinn to postpone the hearing until October 5, 1988. (Sohn - Flynn) All in favor. PASSES. Motion: To continue the public hearing for "Balcom Ridge Estates II" until October 5, 1988 at 8:30 P.M. (Quinn -Sohn) All in favor. PASSES. Motion: To continue the public hearing for "Balcom Ridge Estates II" until October 5, 198B at 7:30 P.M. due to the fact there is a public hearing scheduled for 8:00 this same night. (Quinn -Sohn) All in favor. PASSES. 5. Correspondence (Cont,) Copy of letter to Canton Institution for Savings from Planning Board regarding partial release of funds for "Shiloh Estates ". Copy of letter to Attleboro /Pawtucket Savings Bank from Planning Board regarding 1 partial release of funds for "Hidden Estates ". Copy of letter to Alphonse Query from Michel LaCasse regarding "Windermere" sub- division and civil action taken against Planning Board; letter from Hale and Dorr, Attorneys representing applicants for "Jackson Village" and a draft of a letter to be sent to the owners of "Hidden Estates ". Copy of letter to Home Developers, Inc. from Planning Board regarding completion of drainage at the "Green Acres" subdivision. Copy of letter to the Zoning Board of Appeals from Planning Board regarding variance application of Hultberg. Copy of letter to the Zoning Board of Appeals from Planning Board regarding variance application of Uva. Copy of memo to Bertram M. Cook, Inspector of Buildings from Planning Board regarding gravel removal on Franklin Street. Copy of memo to Board of Selectmen from Planning Board regarding Giles Place reconstruction. Letter from Canton Institution for Savings acknowledging release of funds for "Shiloh Estates ". Copy of letter to Judith F. Scott, Town Clerk, from Planning Board regarding ap- proval of "Chauncy Place" subdivision. 3 Planning Board's Minutes September 7, 1988 ( Page -4- Copy of letter to Frederick Clark, Chairman, Easton Planning /Zoning Board from Michel LaCasse regarding drainage problem at "Massapoag Estates ". Building Construction for the month of August, 1988. Copies of approval of Zoning By-Law amendments from the Attorney General. 6. Variance Requests Barbara Maxwell, West and Plain Street Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Maxwell to subdivide a lot on the corner of West and Plain Streets, lot 2 having an existing dwelling, lot 1 having a proposed dwelling with less than the required rear yard, which is non- conforming in the Residence A Zone due to the fact the applicant is creating her own hardship. (Quinn - Flynn) Planners Quinn, Flynn, Sohn and Acting Chairman Madan in favor. Planners Caponigro and McClanahan opposed. PASSES. Michael R. D'Antonio, 31 Lakeview Avenue Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of D'Antonio to construct additions to an existing non - conforming dwelling at 31 Lakeview Avenue, additions to have less than the required front yard, side yard and rear yard and less than the required Water Body set back, which is non - conforming in the Residence A Zone due to the fact this will be too intense usage of the lot and the applicant is creating his own hardship. (Flynn- Quinn) Planners Flynn, Quinn, Sohn and Acting Chairman Madan in favor. Planners Caponigro and McClanahan opposed. PASSES. 7. "Form A" (ANR) Plans J Brugliera Construction Co., Shiloh Drive Motion: To sign the "Form A" Plan for Brugliera for property located on Shiloh Drive. (McClanahan- Caponigro) All in favor. PASSES. Vestar Corporation, Reservoir Street Motion: To sign the "Form A" Plan for Vestar for property located on Reservoir Street. (Flynn- Quinn) All in favor. PASSES. S. 9:30 P.M. - Zoning Board of Appeals - Special Permit Review - Jackson Village Attorney Garen Bresnick and Robert Doyle of Dunn Engineering were present to represent the applicant at this review. Mr. Doyle gave a brief presentation of the plan for multi - family dwellings to be located off Hope Street, Charles Street, and Kingman Avenue. The Planning Board allowed several members of the public to speak, even though this review is not a public hearing. After a lengthy discussion, the Board made the following motion: Motion: To send a negative recommendation to the Zoning Board of Appeals on the Special Permit application of Hope Street Mansfield Realty Trust for "Jackson Village" for the following reasons: M Planning Board's Minutes September 7, 1988 Page -5- 1. Maximum intensity build -out may derogate from the intent of the Zoning By -Laws and may be increased by the addition of bedrooms in the attic at a later date. 2. Sufficient documents have not been produced to indicate to this Board that the soils will support this type of development (locations of poorly and very poorly drained soils). 3. Legal opinions concerning the ownership and usage of roads has not been received by Town Counsel. 4. This plan very likely could be considered a clustered development which is not currently allowed under Mansfield Zoning By -Laws. 5. Insufficient information to differentiate between the intensity usage with the Special Permit and as -of -right usage with duplex buildings and the subsequent effects on the Town, specifically the School Department. (Quinn -Sohn for discussion) Planners Quinn, Flynn, Caponigro and Acting Chairman Madan in favor. Planner McClanahan opposed. Planner Sohn abstains. PASSES. 9. Around the Table Planner Sohn asked to send a letter to the Board of Health regarding cars being stored on Balcom Street due to the fact this area is in the Water Protection District. It was explained to the Board that the Bertram M. Cook, Inspector of Buildings, has already investigated this issue and addressed the problem. Motion: To take a site walk at "Balcom Ridge Estates II" on September 24, 1988 at 9:00 A.M. (Sohn - Quinn) All in favor. PASSES. Planner Quinn stated he had spoken to Bertram M. Cook, Inspector of Buildings, regarding a letter dated August of 1987 which related to approval of "Form A" plans for property on Bird Road. At the time, the Planning Board was under the impression this was a County Road. Planner Quinn asked the Board if they have changed their opinion of this road. Community Development Director LaCasse refreshed the Board's memory regarding an Executive Session held with the Board of Selectmen regarding Bird Road. The Board discussed procedures which might be considered for abandoning streets. Alphonse Query, Special Town Counsel, is looking into this issue for the Plan- ning Board at this time. Community Development Director LaCasse informed the Board that the legal notice for a public hearing on the "Modification to Wayside Estates" will be in the paper 9/8/88 and abandonment of several streets within this subdivision will be reviewed at the time of the public hearing. I Planning Board's Minutes September 7, 1988 Page -6- Motion: To advertise for a public hearing to abandon paper streets in the area of Perkins Avenue. (Quinn - Flynn) All in favor. PASSES. Planner Sohn informed the Board that the Canoe River Aquifer Committee has come up with recommendations, by -laws, etc. She asked if this could be incorporated with the Master Plan by amending the overlay water protection by -laws. Com- munity Development Director LaCasse explained that the water protection district would not be changed and feels that changes should not be made until a Zone II study is complete. Board members discussed upgrading the Zoning By -Laws before the Master Plan. Motion: To allow Michel LaCasse, Community Development Director, to talk to the developers further on his own regarding the sewer extension to move this along. (Quinn -Sohn) All in favor. PASSES. Community Development Director LaCasse spoke to the Board regarding the tree farm on Franklin Street. Bertram M. Cook, Inspector of Buildings, has a large file on this and it shows that the owner was going to remove gravel but would have trees planted by 1987. Mike would like to visit the site and see what progress has been made. Community Development Director LaCasse stated he would like to meet with the Board for discussion of the Master Plan before the joint meeting with the Board of Selectmen. Og"O ", / 9, / 9 ,Ff Date of Approval 2