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HomeMy WebLinkAboutPlanning Brd Minutes 3/16/1988PLANNING BOARD'S MINUTES MARCH 16, 1988 Present: Chairman Quinn, Clerk Annino Planners: Capanigro, Flynn, Madan, *McClanahan, *Sohn Planning Director LaCasse 1. Meeting called to order at 7:30 P.M. APR ; 2. Clerk's Report Correspondence Covenant for "Pine Woods Estates" subdivision. Motion: To accept the covenant for "Pine Woods Estates ". (Madan - Caponigro) Planners Madan, Caponigro, Annino and Chairman Quinn in favor. Planner Flynn abstains. PASSES. At this time, the definitive subdivision plan, "Pine Woods Estates" was signed. Letter to the Planning Board from David and Janice Longendorfer, residents of "Mansfield Manor" subdivision, thanking the Board for the prompt response regarding problems at this subdivision. Copy of letter to Judith F. Scott, Town Clerk, from John T. Mahoney, III, requesting information on Town ways which have been accepted by the Town. Letter to the Planning Board from Mr. Paul Thibault regarding a "Form A" (ANR) plan for land located at Franklin and Maple Streets approved in 1984. The Building Inspector has questioned where actual frontage is. (*Planner Sohn entered the meeting at 7 :35 P.M.) (*Planner McClanahan entered the meeting at 7:38 P.M.) Motion: To send a letter to Mr. Thibault stating that this "Form A" (ANR) plan is valid as approved in 1984 with frontage on Maple Street provided this plan has been duly recorded. (Flynn- Madan) All in favor. PASSES. Copy of letter to Bertram M. Cook, Inspector of Buildings, from Alphonse Query, Special Town Counsel, regarding approval of "Form A" lots. Copy of letter to Michel LaCasse, Planning Director, from Alphonse Query, Spe- cial Town Counsel, regarding 198B proposed zoning amendments. Letter to Michel LaCasse, Planning Director, from Laurie Cohen, resident of "Green Acres" subdivision, regarding completion of this subdivision. Letter to Planning Board from John H. Michelmore, Attorney, requesting concur- rence from the Board that subdivision approval is not necessary for construction of multi - family dwellings on Assessors Map 30. Motion: To send a letter to Attorney Michelmore requesting more information and that a map showing the area in question be brought to the Planning Board. (Flynn- Madan) All in favor. PASSES. Memo to the Planning Board from Wilbur G. Tirrell, Esq., Legal Specialist from SRPEDD, regarding the public hearing for the proposed amendments to the Zoning i Planning Board's Minutes March 16, 1988 Page -2- By -Laws - Minimum Lot Size. (To be filed with material for public hearing.) Letter to Planning Board from Attleboro Savings Bank with balance remaining in bond for "Massapoag Estates ". Copy of memo to Bertram M. Cook from Planning Board regarding site plan for Webb Place. Copy of letter from Planning Board to Attleboro Savings Bank releasing funds for "Massapoag Estates ". Copy of letter from Planning Board to Francis X. Cannata regarding final release of bond for "Cedar Meadow ". Copy of letter to Judith F. Scott, Town Clerk from Planning Board regarding ac- ceptance of withdrawal for "Witch Pond Estates II" preliminary plan. Copy of letter to Judith F. Scott, Town Clerk from Planning Board regarding denial of "Form A" (ANR) plan for Edward F. Brown, Jr. Copy of letter to Judith F. Scott, Town Clerk from Planning Board regarding ap- proval of "Beaumont's Pond" preliminary plan. Copy of letter to Bertram M. Cook regarding covenant for "Maryalice Way" sub- division. Letter from Michel LaCasse, Planning Director to the Planning Board in Norton regarding proposed re- zoning for a portion of Rte. 140 in Norton. Master Plan Advisory Council minutes of March 3, 1988. Master Plan Advisory Council minutes of March 10, 1988. Booklet for Land Use Conference, Request from Land Law regarding new subdivision regulations adopted since Decem- ber 1987. Water Resources Research Newsletter. EOEA Newsletter, First District Facts brochure. Zoning Board of Appeals Statement of Facts for James & Carmella Tarte; Albert Brintnall. Public Hearing Notices, Town of Foxboro. Public Hearing Notice, Town of Easton. Public Hearing Notice, Town of North Attleboro. N Planning Board's Minutes March 16, 1988 Page -3- Public Hearing Notice, City of Attleboro. 3. Preliminary Plan Review "Preliminary Plan of Land in Mansfield" (off Oakland Street) An engineer from Dunn Engineering, representing the applicant, Joan Russell, explained to the Planning Board that this plan was being resubmitted due to the fact the applicant was not sure if there had been a zoning change since the plan was originally approved in 1986. The Planning Board reviewed the plan and sug- gested several items to be addressed in the definitive stage. Motion: To approve the "Preliminary Plan of Land in Mansfield" (Off Oakland Street) subject to the following concerns being addressed in the definitive stage: 1. Applicant should tie into existing sewer and drainage system. 2. Drainage must be addressed. 3. Comments from department heads should be addressed. 4. Area is located in the Water Protection District and must be addressed in the EIS. 5. Traffic study must be done. 6. A full EIS must be done. (Madan- McClanahan) All in favor. PASSES. 4. Zoning Variances Janet Haydon - 304 Elm Street Motion: To send a positive recommendation to the Zoning Board of Appeals on variance application of Haydon for 304 Elm Street provided paved park- ing is shown on the plan and driveway cut not be allowed. (Caponigro - McClanahan) Planners Caponigro, McClanahan, Annino, Flynn and Sohn in favor. Planner Madan and Chairman Quinn opposed. PASSES. Richard L. VanTassell - B Langley Drive Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of VanTassell due to the fact that this variance derogates from the intent of the Zoning By -Laws. (Madan - Flynn) All in favor. PASSES. Gary D'Ambra - 69 Charles Street Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of D'Ambra for 69 Charles Street. (Annino - McClanahan) Planners Annino, Caponigro, Flynn, McClanahan and Sohn in favor. Planner Madan and Chairman Quinn opposed. PASSES. Peter J. Fontanini - Thomas Street and Old Colony Way Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Fantanini to erect a sign on the corner of Thomas Street and Old Colony Way stating the applicant should erect a sign the size called for in the Zoning By -Laws. (Flynn - Annino) Planners Flynn, Annino, Madan, Sohn and Chairman Quinn in favor. Planners Caponigro and McClanahan opposed. PASSES. 3 Planning Board's Minutes March 16, 1988 Page -4- Arthur and Rose Kovich - 20 Bellview Street Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Kovich for 20 Bellview Street due to the fact that this variance derogates from the intent of the Zoning By- Laws, usage of the lot is too intense and the addition would be too close to the road. (Annino- Madan) All in favor. PASSES. 5. "Form A" (ANR) Plans Big Bear Construction - Tremont Street Motion: To sign the "Form A" (ANR) plan for Big Bear Construction for property located on Tremont Street. (Madan - Caponigro) All in favor. PASSES. John C Hurley - Fruit Street Motion: To sign the "Form A" (ANR) plan for Hurley for property located on Fruit Street. (Caponigro- McClanahan) All in favor. PASSES. Remus Realty Trust - Jacob Drive Motion: To sign the "Form A" (ANR) plan for Remus Realty Trust for property located on Jacob Drive. (McClanahan - Flynn) All in favor. PASSES. Global Realty Trust - Balcom Street Motion: To sign the "Form A" (ANR) plan for Global Realty Trust for property located on Balcom Street. (Sohn - McClanahan) All in favor. PASSES. (Planner Sohn left the meeting at this time.) Albert Brintnall - Jewell Street Motion: To sign the "Form A" (ANR) plan for Brintnall for property located on Jewell Street. (Caponigro- Madan) All in favor. PASSES. b. Clerk's Report (Cont.) Minutes of February 17, 1988 Motion: To approve the minutes of February 17, 1988 as written. (Madan - Flynn) Planners Madan, Flynn, Caponigro, McClanahan and Chairman Quinn in favor. Planner Annino abstains. PASSES. (Planner Sohn returned to the meeting at this time.) Minutes of February 24, 1988 Motion: To approve the minutes of February 24, 1988 as written. (Madan- McClanahan) Planners Madan, McClanahan, Flynn, Sohn, Caponigro and Chairman Quinn in favor. Planner Annino abstains. PASSES. CPlanner Flynn asked about the progress of the fence around the retention basin at "Maplewood Estates ". Applicant will erect a two rail fence around a portion 4 Planning Board's Minutes March 16, 1988 ( Page -5- of the retention basin. Minutes of March 2, 1988 Motion: To approve the minutes of March 2, 1988 as written. (McClanahan - Caponigro) Planners McClanahan, Caponigro, Madan, Sohn, Flynn and Chairman Quinn in favor. Planner Annino abstains. PASSES. 7. Around the Table Board members asked if there was any progress on the legal action by the Plan- ning Board regarding Colella & Sons for Church Street property. Planning Direc- tor LaCasse stated attorneys are awaiting a Court date and action might be filed jointly with a private citizen. A request for information regarding pretreatment marshes was previously made and Board members discussed who would be responsible for securing this information. Planning Director LaCasse explained that towns could hire a firm to do the hydrogeologist study at the applicant's expense. Planning Director LaCasse also briefly discussed the scheduled public hearing for "Beaumont's Pond" being held Thursday, March 17, 1988 by the Foxboro Planning Board, which the Mansfield Planning Board is invited to attend. A cursory review of "Beaumont's Pond" sent to the Planning Board from Joan Sozio (Foxboro Planning Board) and Donna D'Maurie (Easton Zoning /Planning Board), both members of the Canoe River Aquifer Committee, was briefly discussed. Planner Flynn requested that the Planning Board Worklist include the site plan approval information from Bertram M. Cook and placing John Larch on the agenda in the near future. Planner Flynn asked if the Planning Board would be working on the language for a Zone II. Planning Director LaCasse stated that the Town Planner from Norton has requested time on the Planning Board agenda in early April for the Canoe River Aquifer Committee. At this meeting, IEP will be making a presentation showing model by -laws; what can be done with Zone I1, etc. Planning "Van Koei curbing, Motion: Director LaCasse stated he had spoken with Edward Marchaselli, owner of t Farms ". Mr. Marchaselli is requesting permission to use Cape Cod rather than bituminous curbing as shown on his plan. To place a note in the file and send a letter to Mr. Marchaselli stat- ing that the Planning Board has no objection to using Cape Cod curbing in place of bituminous curbing as shown on the plan for "Van Koert 5 Planning Board's Minutes March 16, 1988 Page -6- Farms ". (Madan - Caponigro) Planners Madan, Caponigro, Annino, McClanahan, Sohn and Chairman Quinn in favor. Planner Flynn opposed. PASSES. Planning Director LaCasse spoke to the Planning Board regarding a discussion he recently had with Mr. John Cleary. Mr. Cleary bought Lot 4 at "Massapoag Estates ". The barrel entrance stops just beyond Mr. Cleary's driveway and Mr. Cleary feels this could create problems entering and exiting the property. Mr. Cleary asked if the island could be stopped just before the driveway, or if a driveway cut could be made. Board members discussed whether or not a modifica- tion hearing would need to be held. Motion: To amend the "Massapoag Estates" subdivision plan by stopping the barrel entrance before the driveway at Lot 4 or making a driveway cut in the island without a public hearing. (Madan- McClanahan for discussion) Planner Madan in favor. Planners Annino, McClanahan, Sohn, Caponigro, Flynn and Chairman Quinn opposed. FAILS. Motion: To adjourn the Planning Board meeting at the conclusion of joint meeting with the Board of Selectmen. (McClanahan- Madan) All in favor. PASSES. 8. 9 :30 P.M. - Joint Meetino Board of Selectmen and Master Plan Advisory Council Planning Board adjourned to the Board of Selectmen's meeting at this time. Planning Director LaCasse reviewed various scenarios relating to the Master Plan which have been discussed at Master Plan Advisory Council meetings with Connery Associates. 9. Meeting adjourned at 11:00 P.M. ! i' CLERK DATE • 1A -JUV 0