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HomeMy WebLinkAboutPlanning Brd Minutes 7/13/1988PLANNING BOARD'S MINUTES JULY 13, 1988 Present: Chairman Annino, Clerk Madan f °3 Planners: Caponigro, *Flynn, McClanahan and Quinn ' Planning Director LaCasse and Robert E. Powers, Subdivision Supervisor 1. Meeting called to order at 7:00 P.M. 2. 7.00 P.M. - Continuation of Public Hearing - "Whitetail Acres" - Applicant. School Street Realty Trust - Deadline: July 26, 1488 At 7:00 P.M., Chairman Annino continued the public hearing for "Whitetail Acres ". At 7:20 P.M., this public hearing was closed. The following people spoke at this public hearing: William Buckley, Bay Colony Surveying Co., Inc. Eugene Boyle, Trustee, School Street Realty Trust. The following motions were made at this public hearing: Motion: To close the public hearing for the definitive subdivision "Whitetail Acres ". (McClanahan - Madan) All in favor. PASSES. Motion: To approve the definitive subdivision plan "Whitetail Acres" subject to the following conditions: 1. A traffic engineer prepare the final design for the improvements on the corner of the Otis and School Street intersection with the approval of the Planning Director. Fire Chief and Police Chief. All of this would be conditional on approval by the Road Commis- sioners. 2. Applicant agrees to pay for subject improvements. 3. Design to be completed within the twenty (20) day appeal period. (McClanahan- Caponigro) All in favor. PASSES. 3. Clerk's Report Correspondence Copy of letter from Kelli Baker, Chairman, Master Plan Advisory Council, to Mr. Donald Kaufman. Copy of letter from Kelli Baker, Chairman, Master Plan Advisory Council, to Mr. Daniel B. J. Ryan. Environmental notification for Whiteville Pond. Copies of letters to various banks from Planning Board authorizing release of funds for Massapoag Estates, Elmwood, Bradford Estates, Mansfield Manor, Shiloh Estates, Hidden Estates and Blandori /Dei subdivision. - 1 Planning Board's Minutes July 13, 1988 Page -2- Letters from various banks acknowledging release of funds for above mentioned subdivisions. Letter from Planning Board to Judith F. Scott, Town Clerk, regarding approval of "Modification to Hallett Crossing II ". Copy of letter to Conservation Service; DEQE and SRPEDD from Planning Board regarding pretreatment marshes. Memo from Board of Selectmen regarding appointment of Planning Board member to new Solid Waste Alternative Committee. Motion: To appoint Michael A. McClanahan to the newly formed Solid Waste Alternative Committee. (Quinn - Caponigro) All in favor. PASSES. Letter from Eugene F. Reilly, National Development Associates, requesting time on the Planning Board agenda for site plan review of Three Mansfield Corporate Center.. Time has been arranged for July 27, 1988 at 7 :30 P.M. Letter from Massachusetts Development Corporation requesting a meeting with the Planning Board for a pre - preliminary review of a special permit for Cobbler's Corner. Motion: To write a letter to M.D.C. stating that the Planning Board agrees with the concept and requests all material and information available be presented for review before meeting with the Board. (Quinn - Caponigro) All in favor. PASSES. Letter from R. F. Merrikin Associates requesting time on the Planning Board agenda for a discussion of the special permit for addition to the Bristol Plaza development. Copy of letter to the Mansfield News from Thomas E. Dwyer, Town Manager, as a follow -up to a recent Letter to the Editor which appeared in the Mansfield News. 4. 7 :30 P.M. - Public Hearing - "Scenic Road - Mill Street" At 7:30 P.M., Chairman Annino opened the public hearing for the "Scenic Road - Mill Street ". At 7:31 P.M., this public hearing was continued until 8:00 P.M. to run consecutively with the continuation of the public hearing for "Sandy Hill Estates ". Motion: To continue the public hearing for the "Scenic Road - Mill Street" un- til 8:00 P.M. to run consecutively within the continuation of the public hearing for "Sandy Hill Estates ". (Madan- McClanahan) All in favor. PASSES. 5. Clerk's Report Correspondence (Continued) Memo to Michel LaCasse from Robert E. Powers recommending partial release of bond for "Green Acres" in the amount of $99,881.13. Motion: To release $99,881.13 for partial completion of water, drainage, electric and miscellaneous work on Green Acres Drive and Jennifer Drive at the "Green Acres" subdivision. 2 Planning Board's Minutes July 13, 1988 Page -3- (Quinn - Caponigro) Planners Quinn, Caponigro, Flynn, McClanahan and Chairman Annino in favor. Planner Madan abstains. PASSES. Memo to Michel LaCasse from Robert E. Powers recommending release of funds for "Eastbrook Estates" in the amount of $25,003.63. Motion: To release $25,003.63 for excavation work on Marjac Way, Eastbrook Road and the retention basin at the "Eastbrook Estates" subdivision. (Quinn- McClanahan) All in favor. PASSES. Copy of letter to Bertram M. Cook, Inspector of Buildings, from Alan E. Brown, requesting permission to remove approximately 200 cubic yards of material from lot 37 Copeland Drive to 200 Chauncy Street. Motion: To send a positive recommendation to Bertram M. Cook, Inspector of Buildings, regarding the surplus material removal for Alan E. Brown. (Quinn - Caponigro) All in favor. PASSES. Public hearing notice from the Town of Foxboro regarding "Witch Pond Estates" Copy of-letter to the Town of Foxboro from Michel LaCasse requesting a set of plans for this subdivision. Building Construction report for the month of June. 6. Variance Requests Daniel F. Bortolussi, Great Woods Chrysler /Plymouth, 515 South Main Street Motion: To support the decision of the Inspector of Buildings and ask that the Zoning Board of Appeals hold a full hearing for a variance for expan- sion of a non - conforming use. (Quinn - Flynn) All in favor. PASSES. Arthur & Rose Kovich, 20 Bellview Drive Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Kovich to construct an addition to an existing dwelling at 20 Bellview Drive, with less than 15' sideyard, which is non - conforming in the Residence A Zone. (Flynn - Caponigro) Planners Flynn, Caponigro and McClanahan in favor. Planners Quinn, Madan and Chairman Annino opposed. FAILS. Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Kovich to construct an addition to an existing dwelling at 20 Bellview Drive, with less than 15' sideyard, which is non - conforming in the Residence A Zone. (Madan - Flynn), Planners Madan, Flynn, Quinn and Chairman Annino in favor. Planners Caponigro and McClanahan opposed. PASSES. 7. 8:00 P.M. - Continuation of Public Hearing "Sandy Hill Estates" - Applicant: Keith Development Corporation - Deadline: July 24, 1988 At 8:00 P.M., Chairman Annino continued the public hearing for "Sandy Hill Estates" and reopened the public hearing for the "Scenic Road - Mill Street" at the same time. At 8 :59 P.M., Chairman Annino continued this public hearing to open and close the public hearing for " Chauncy Place ". At 9:02 P.M., this public hearing was reopened. At 9:25 P.M., Chairman Annino closed the public 3 Planning Board's Minutes July 13, 1988 Page -4- hearings for "Sandy Hill Estates" and "Scenic Road - Mill Street" The following people spoke at this public hearing: Ralph Maloon, RIM Engineering. Phil Corbett, Keith Development Corporation. Kenneth Carlson, 228 Mill Street, Mansfield, MA Joseph Gonsalves, 137 Mill Street, Mansfield, MA Bettina Leonard, 198 Mill Street, Mansfield, MA Marilyn Ouellette, 149 Oak Street, Mansfield, MA The following motions were made at this public hearing: Motion: To continue the public hearings for "Sandy Hill Estates" and "Scenic Road - Mill Street" until the opening and continuation of the public hearing for "Chauncy Place ". (Quinn- Flynn) All in favor. PASSES. Motion: To deny the request for a waiver from granite curbing in that the tradeoffs are not in the best interests of the Town. (Quinn - Flynn) WITHDRAWN. Motion: To waive sidewalks on one side of the road throughout the subdivision, retaining granite curbing on both sides of the roads, accepting a donation of Lot 57. Note on the plan that Lot 57 to be deeded to the Conservation Commission or the Town of Mansfield. (Madan- McClanahan) All in favor. PASSES. Motion: To deny the applicant's request for a waiver from installing granite curbing. (Flynn- Quinn) All in favor. PASSES. Motion: To not require open space lots be set aside for the Town of Mansfield within the "Sandy Hill Estates" subdivision. (Quinn - Madan) All in favor. PASSES. Motion: To close the public hearing for the definitive subdivision plan en- titled "Sandy Hill Estates ". (Quinn- McClanahan) All in favor. PASSES. Motion: To approve the definitive subdivision plan entitled "Sandy Hill Estates" subject to the following conditions: 1. A waiver is granted for only one sidewalk throughout the subdivi- sion for donation by applicant of Lot 57 to be deeded to the Town and must be shown on the plan. 2. Driveway for lot 33 be place on Sandy Hill Road and driveway for lot 34 to be placed on Essex Street and must be shown on the plan. 1 3. School bus stop /shelter be provided at the entrance to "Sandy Hill 4 Planning Board's Minutes July 13, 1488 Page -5- Estates" from Mill Street and must be shown on the plan. 4. All conditions to be met within the twenty (20) day appeal period. (Quinn - Flynn) All in favor. PASSES. Motion: No objections were raised on the part of the Planning Board for the construction of "Sandy Hill Estates" located off the scenic road Mill Street as there are no trees or stone walls involved. (Quinn - McClanahan) All in favor. PASSES. b. 4.40 P.M. - Special Permit Review (Zoning Board of Appeals) for "Jackson Village" The Planning Board reviewed the special permit application at length, allowing the project manager, Rob Doyle, and the applicants, Donald A. Baker and Ted Mahoney, an opportunity to make a presentation. This special permit is for a 38 unit development off Hope Street, Charles Street and Kingman Avenue. After a lengthy discussion, during which time the Planning Board allowed members of the public to address the Hoard, a negative recommendation was made to the Zoning Board of Appeals citing the following reasons: 1. This development is not in the best interests of the Town. a. Does not provide public safety and convenience - adding to traffic congestion - Refer to Patrolman Lance Lawson's comments. b. There are no sidewalks - Refer to Patrolman Lance Lawson's comments regarding school children. C. Existing condition of Hope Street is questionable. 2. Plans are unacceptable to the Engineering Department. a. Refer to Al Andrew's (Engineering Department) comments and also to Ben Couture's (Water Department) comments. b. Questions on drainage calculations adding to Back Bay Brook flows. 3. Questions exist on status of roads. a. Ownership of paper streets, particularly Kingman Avenue. b. Access from side and rear yards versus frontage is ques- tionable. C. Town Counsel's opinion is advised on the roadway issue. d. Buffers and parking spaces may be necessary. e. Site lighting is inadequate. 4. Dwellings are designed for expansion into attics to provide for greater density. 5. This proposal is inconsistent with the Master Plan at this stage of the development. b. This may be a cluster development since there is no frontage for each unit. Cluster is not allowed at this time. Also include that the Planning Board may send a representative to the Zoning Board of Appeals public hearing. 1 (Quinn - Madan) All in favor. PASSES. 5 Planning Board's Minutes July 13, 1988 Page -6- ( *Planner Flynn left the meeting at 11:08 P.M.) 7. 11:10 P.M. - Continuation of Public Hearing - "Chauncy Place" - Applicant: Chauncy Realty Trust - Deadline: August 8, 1988 At 11:10 P.M., Chairman Annino continued the public hearing for "Chauncy Place ". At 11:40 P.M., this public hearing was continued until July 27, 1988 at 7:00 P.M. The following person spoke at this public hearing: Mr. James Dunn, Dunn Engineering. The following motion was made at this public hearing: Motion: To continue the public hearing for "Chauncy Place" until July 27, 1988 at 7:00 P.M. (Madan- Quinn) All in favor. PASSES. B. Clerk's Report (Cont.) Correspondence (Cant.) Zoning Board of Appeals Statement of Facts for Spring Brook Cemetery and Ronald N. Harrison. Public Hearing notices for the City of Attleboro and the Town of Foxboro. Planning Director LaCasse spoke to the Planning Board regarding expansion of the Bristol Plaza shopping area which came before the Board previously as a variance request through Zoning Board of Appeals. Openings to East Street would need to be addressed further and a traffic study should be done before the Planning Board would consider reviewing this plan. 9. "Form A" (ANR) Plans Tifdan Development, -Elyse Road Motion: To sign the "Form A" (ANR) Plan for Tifdan for property off Elyse Road. (Caponigro- Madan) Planners Caponigro, Madan, Quinn and McClanahan in favor. Chairman Annino opposed. PASSES. Armando L. Giovino Bicentennial Court Motion: To sign the "Form A" (ANR) Plan for Giovino for property located off Bicentennial Court. (Quinn- McClanahan) All in favor. PASSES. Annie L. Bauer Maple Street Motion: To sign the "Form A" (ANR) Plan for Bauer for property located off Maple Street. (Quinn- Caponigro) All in favor. PASSES. 6 Planning Board's Minutes July 13, 1988 Page -7- Richard & Celeste Hoffman and Frank & Margaret Allen Ware Street Motion: To sign the "Form A" (ANR) Plan for Hoffman and Allen for property located off Ware Street. (McClanahan- Madan) All in favor. PASSES. 10. Around the Table Planners Quinn, Madan and McClanahan stated they would not be at the Planning Board meeting of July 27, 1988. Planner Flynn left a message that she would like to begin proceedings to abandon Barbara Road and Wayside Road. Planning Director LaCasse stated he is attempt- ing to get information on the proper procedure to follow to abandon streets. 11. Meetin4 adjourned at 12:10 A.M. CLERK l DATE 7