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HomeMy WebLinkAboutPlanning Brd Minutes 4/13/1988PLANNING BOARD'S MINUTES APRIL 13, 1988 Present: *Acting Chairman Annino, Acting Clerk Mad, Planners: Capanigro, Flynn, McClanahan Planning Director LaCasse 1. Meeting called to order at 7:30 P.M. J � Motion: To appoint Planner Flynn Acting Chairman. (Caponigro - McClanahan) All in favor. PASSES. Motion: To appoint Planner Madan as Acting Clerk. (McClanahan - Caponigro) All in favor. PASSES ( *Planner Annino entered the meeting at 7:32 P.M. and assumed his position of Acting Chairman in Chairman Quinn's absence.) 2. Clerk's Report Correspondence Irrevocable Letter of Credit from Capitol Bank and Trust Company in the amount of $178,000 for Balcom Ridge Estates. Motion: To release the Covenant for six (b) lots at Balcom Ridge Estates, specifically, lots 11 23 3, 4, 29 and 30 on Claire Avenue, and accept the Irrevocable Letter of Credit in the amount of $178,000. (Caponigro- Madan) All in favor. PASSES. Letter to the Planning Board from Attleboro /Pawtucket Savings Bank regarding release of funds for Massapoag Estates. EOCD report. Master Plan Advisory Council minutes of March 31, 1988. Copy of letter to Judith F. Scott, Town Clerk, from Planning Board, regarding approval of "Matthews Estates II ". Copy of letter to Bertram M. Cook, Inspector of Buildings, regarding gravel removal for Keith Properties. Copy of memo to Judith F. Scott, Town Clerk from Michel LaCasse regarding filing fee for "Hallett Crossing II ". Copy of letter to Judith F. Scott, Town Clerk, from Planning Board regarding ap- proval of "Preliminary Plan of Land in Mansfield" (off West Street). Copy of letter to Vincent S. Mallozzi regarding procedure to follow when propos- ing a zoning change. Copy of letter to Mr. Greg Guimond, SRPEDD, from Planning Director LaCasse notifying Mr. Guimond of the date he is scheduled on the Planning Board agenda. Public Hearing notices, Town of Foxboro. 1 Planning Board's Minutes April 13, 1988 Page -2- Public Hearing notices Town of North Attleboro. Public Hearing notice City of Attleboro. 3. Variance Requests Normand E. Chartier, Mansfield Auto Body Shop, 1004 East Street The Planning Board reviewed this special permit application but postponed their decision until after the 8 :00 P.M. scheduled public hearing. 4. 8:00 P.M. - Continuation of Public Hearing - "Conrod Acres" Definitive Subdivi- sion Plan - Applicant: Herbert Linn - Deadline: April 28, 1988 At 8:00 P.M., Acting Chairman Annino continued the public hearing for the definitive subdivision plan, "Conrad Acres ". At 8:02 P.M., this public hearing was continued until April 27, 1988 at 8:30 P.M. The following motion was made at this public hearing: Motion: To accept the applicant's request for an extension of the deadline un- til April 30, 1988 for "Conrod Acres" and continuation of the public hearing until April 27, 1988 at 8:30 P.M. (Madan - McClanahan) All in favor. PASSES. 5. Variance Requests (Continued) Chartier, 1004 East Street Motion: To send a positive recommendation to the Zoning Board of Appeals on the Special Permit application of Chartier for 1004 East Street adding the fact that if this permit is granted, the Planning Board would appreciate a condition be added to limit on -site storage of automobiles outside of the building. (Caponigro- Madan) All in favor. PASSES. Patrick and Deborah Ruta, Tremont Street Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Patrick and Deborah Ruta of Foxboro to construct a dwelling on a lot on Tremont Street owned by Stephen Benoit. (Flynn -Madan for discussion) Planners Flynn and Annino in favor. Planners Caponigro, Madan and McClanahan opposed. FAILS. Motion: To send a positive recommendation to the Zoning Board of Appeals an the variance application of Patrick and Deborah Ruta of Foxboro to construct a dwelling on a lot on Tremont Street owned by Stephen Benoit. (Caponigro- Madan) Planners Caponigro and Madan in favor. Planners Flynn, Annino and McClanahan opposed. FAILS. Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Patrick and Deborah Rule of Foxboro to construct a dwelling on a lot on Tremont Street owned by Stephen Benoit. (Flynn - Madan) All in favor. PASSES. 2 Planning Board's Minutes April 13, 1988 Page -3- G & M Realty Trust - 660 East Street Motion: To send a negative recommendation to the Zoning Board of Appeals on the special permit application of G & M Realty Trust for expansion of a non - conforming use at 660 East Street, which is in the Water Protec- tion Zone, due to the fact that this special permit would intensify the use of a site where traffic is currently a hazard and a traffic study should be addressed. (Flynn - Annino) Planners Flynn, Annino, Madan and McClanahan in favor. Planner Caponigro opposed. PASSES. 6. 8:30 P.M. - Mr. and Mrs. James Cleary - Discussion - "Massapoag Estates" Barrel Entrance Mr. and Mrs. Cleary approached the Planning Board to request a modification of the barrel entrance an Patty's Road at the "Massapoag Estates" subdivision. At the time of the purchase of their home on lot 4, the Cleary's were shown a plan ° which included their house lot and the opening in the barrel entrance allowing access to Elyse Road (formerly Barbara Road). Mr. and Mrs. Cleary expressed concern that their driveway opening did not access the opening at the barrel entrance. They were informed by the real estate broker that it was passible the plan was not to scale and that the opening was not accurately presented. After speaking with the builder, Mr. Cleary was told the problem would be taken care of. However, ngthing has been done to date. The Cleary's requested cutting back the barrel entrance to accommodate their driveway. After a lengthy discus- sion of this problem, the Planning Board asked Planning Director LaCasse to re- search this problem and ask for opinions from Joseph J. Campo, Town Engineer, Robert E. Powers, Subdivision Supervisor and Patrolman Lance Lawson. 7. Variance Requests (Continued) Charles G. Coffey, 15 King Street Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Coffey to sub - divide a parcel of land at 15 King Street. (McClanahan - Caponigro) All in favor. PASSES. Mark and Lynn Helm, 30 Oak Street Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Helm to build a principal structure on a lot at 30 Oak Street, said structure to be less than 100' from Hodges Brook, which is not allowed, and having a 15' sideyard, which is non- conforming in the Agricultural Zone due to the fact that this variance derogates from the intent of the Zoning By -Laws, is too close to wet- lands and no locus is shown on the plan. (Flynn - Annino) Planners Flynn, Annino, Madan and McClanahan in favor. Planner Caponigro abstains. PASSES. 8. 9:00 P.M. - Canoe River Aquifer Advisory Committee and IEP Mr. Christopher Clark of IEP gave a brief presentation to the Planning Board. Mr. Clark is working on the Canoe River Aquifer District and with the Canoe River Aquifer Advisory Committee and is engaged in a study of the water shed of the Canoe River, involving Mansfield, Norton, Easton, Foxboro and Sharon. Mr. Clark explained that the purpose of this meeting is to encourage the Planning 191 Planning Board's Minutes April 13, 1988 Page -4- Board's ideas and concerns specific to the Town of Mansfield regarding the Canoe River Water Shed and the underground body of water which supplies drinking water to the abutting towns. Also at tonight's meeting for this presentation by IEP was Mr. Edward Tartufo of the Canoe River Aquifer Advisory Committee. Mr. Clark presented the Board with a copies of a Preliminary Report of Findings prepared by IEP for the Committee and reviewed maps prepared by IEP. Tonight's presenta- tion was in preparation for a public workshop scheduled for May 11, 1988 with the Canoe River Aquifer Advisory Committee, IEP, Scott Worsley, a hydrogeologist and the Planning Board. Mr. Tartufo informed the Board that there is a "Canoe River Awareness Day" scheduled for May 7, 1988 and all Boards, Committees, EDCD, IEP, Water or Sewer Commissions from Towns which have them, State Reps and State Senators will be invited to attend. 9. "Form A" (ANR) Plans Annese Enterprises Inc. - East Street Motion: To sign the "Form A" (AMR) plan for Annese Enterprises Inc. for property located on East Street. (Caponigro- McClanahan) All in favor. PASSES. 10. Minutes of March 30, 1988 Motion: To approve the Minutes of March 30, 1988 as written. (Madan - Flynn) All in favor, PASSES. It. Around the Table Planner McClanahan stated he feels the Planning Board would be setting a prece- dent.by approving a cut in the barrel entrance for "Massapoag Estates" and that the Board should not allow the cut. Planners Annino and Flynn agreed. Planning Director LaCasse informed the Board that he and Bob Powers had met with Mr. Canaday and his lawyer today at the "Hidden Estates" subdivision and reviewed the punch list sent to Mr. Canaday. It is possible the money for the completion of the electric may be released within a week. John Larch, Director, Mansfield Municipal Electric Department, will be contacted to verify completion of the electrical work. Mr. Canaday stated he would like to complete his sub- division some time this summer. However, no money will be released for drainage and sidewalks until Mr. Canaday completes the items on the punch list. Planning Director LaCasse also stated the gravel at this site does contain some large rocks. Planning Director LaCasse asked the Board to set a date for a workshop in May to discuss subdivision fees and subdivision regulations. Bob Powers has some ideas for the oil /water separators that he would like to discuss with the Planning Board. Planning Director LaCasse stated there are some minor changes which will be necessary at the "Echo Hills" and . "Pine Terrace Estates" subdivisions. 4 Planning Board's Minutes April 13, 1988 Page -5- One minor change is due to the fact that when the developer started digging for the leaching catch basin at "Echo Hills ", a bad odor was noticed. A cesspool was found within thirty feet of the catch basin. Therefore, the catch basin will need to be moved and this will have to be shown on the plan, or a sketch will need to be drawn and kept in the file, so that some documentation will be available in the future. Master Plan Advisory Council minutes, which include the motions made regarding proposed changes in zoning sponsored by private citizens, will be included in the folder with other comments on the proposed zoning amendments. Planning Director LaCasse and the Planning Board discussed the motions and how these decisions affect each of the areas proposed for zoning changes. Planning Director LaCasse spoke with the Planning Board regarding the order of approval for the Master Plan as the Master Plan Advisory Council reaches the end of their study. Planning Director LaCasse feels the Master Plan Advisory Coun- cil should prepare a map showing general consensus ideas under density working with the Planning Board, but that the consultant, Connery Associates and the Planning Board will work on the Zoning By -Laws. The Board of Selectmen will be consulted as to their feeling on the direction the final approval should take. 12. Meeting adjourned at 10:10 P.M. CLERK _l o �I_f 1:10 DATE 5