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HomeMy WebLinkAboutPlanning Brd Minutes 3/25/1987PLANNING BOARD'S MINUTES MARCH 25, 1987 Present: Chairman Quinn, Acting Clerk Sohn Planners: Caponigro, Flynn, Madan 1. Meeting called to order at 7:20 P.M. Motion: To appoint Planner Sohn Acting Clerk. (Madan - Flynn) All in favor. PASSES. 2. Mr. Alphonse Query, Special Town Counsel - Discussion of M.G.L. 412 Section elm Mr. Query agreed to meet with the Planning Board discuss the "gray" areas of M.G.L. 41, Section elm. Off -site improvements, and how far the Planning Board could go with the off -site improvements was discussed. Legally, the developer does not have to make any off -site improve- ments. Planner Caponigro stated there is a bill before the Legislature that will force the developer to make off -site road improvements leading to the developer's subdivision. Planner Madan asked if a subdivision was going to create a larger hazard to the community as far as public safety, would this be grounds to deny the subdivision under elm. Mr. Query stated this probably would not be sufficient grounds to deny. Mr. Query and the Planning Board discussed Section IV.0 of the Zoning By -Laws, Screenings and Buffers. Mr. Query of- fered his assistance in submitting a draft to correct some of the deficiencies in that section of the by -laws. The Board accepted this offer. Some of the requirements discussed would be to have each zone have its own buffer requirement. Shallow lots should also be considered. The Board asked Mr. Query when a Zoning By -Law takes effect, at the time of the advertisement or does the old Zoning By- Law apply until the Town takes action. Also, does the Build - ing Inspector enforce the new zoning articles when the adver- tisement appears in the paper? Mr. Query stated he thought the Building Inspector did have to enforce the article when it appears in the paper. .If the hearing is cancelled, does not go to Town Meeting, the article would be tied up until the Town takes action. The Planning Board has sixty -five days to hold a public hearing once it is submitted to Town Clerk. 1 Planning Board's Minutes March 25, 1987 Page -2- A request (not a Court Order> has been submitted by Mr. El- liott Fine, Attorney for "Pine Terrace Estates" asking for rules and regulations of the Planning Board for the period of January 1985 through December 31, 1986, including all amend- ments) recisions, and additions; transcripts of all meetings, hearings and any other discussions relating to this subdivi- sion, all communication from Town of Mansfield Agencies and any other parties, all files of every subdivision that the Planning Board has granted a waiver with regard to any sub- division plan approved by Planning Board within the years 1982, 1983, 1984, 1985 and 1986; injunction and copying shall take place at the office of Fine & Kravetz, 55 Leonard St., Foxboro on April 15, 1987 at 10:00 A.M. Aside from the fact that this request would be extremely time consuming, no files or plans may leave the Town Hall for any reason. Planners felt that Mr. Fine could obtain most of this information by going through the minutes on file in the Town Clerk's office. Copies of the rules and regulations from previous years are also available in the Town Clerk's Office. Also, the Registry of Deeds in Taunton has a card index of all waivers granted to approved subdivisions. (Planner Madan left the meeting at 7:45 P.M. to attend the Board of Selectmen meeting.) Regarding the check being held by Town Treasurer for "Pine Terrace Estates ", Attorney Query recommended that the check continue to be held by the Town. A question was raised regarding whether or not the applicant for "Concetta Drive II" should pay a filing fee for this sub-- division as he had paid the fee for "Concetta Drive ". Mr. Query feels "Concetta Drive II" should be treated as a separate subdivision and the filing fee should be paid. Following is a list of items Attorney Query will respond to for the Planning Board: 1. When is a Planning Board - i.e, excluded from vot abutter within 300 feet. 2. The effective date where 1979, judgment upholding 1983 - what would be the changes? member in conflict of interest? ing possibly because he is an a subdivision was approved in the subdivision approval in effective date of zoning law a Planning Board's Minutes March 25, 1987 Page -3- 3. General opinion under 41, BIM as to how far you can go in regulating subdivisions where they are affecting an ad- jacent way. Where a subdivision may surcharge an ad- jacent way in existence. 4. Drafting a proposed buffer zone section for the Zoning By -Laws. 5. Effective date of zoning changes. Planning Board asked Mr. Query the proper procedure for requesting his assistance in the future. Mr. Query suggested sending requests to John Dwyer, asking Mr. Dwyer to forward to Mr. Query, copy to Rande Wilson, Town Manager. (Planner Madan returned from the Board of Selectmen's meeting at 7:58 P.M.) The Board of Selectmen has voted to allow Rande Wilson, Town Manager, to terminate the contract with IEP (consultants for Master Plan) and enter into negotiations with another body to be the consultants for the Master Plan. Motion: The Planning Board will concur with the Board of Selectmen to terminate IEP and authorize the Town Manager to find a new consultant. (Madan -Sohn) All in favor. PASSES. (Planner Madan Left the meeting at 8:00 P.M. to attend the Board of Selectmen meeting once again.) 3. Clerk's Report Minutes of February 25, 1987 Page Seven - Following the motion to submit the Downtown Zoning Article, add the following: "This article will be advertised in the March 5 and 12, 1987 editions of the Mansfield News, along with the Trash -to- Energy article." Motion: To accept the minutes of February 25, 1987 as amended. (Flynn -Sohn) All in favor. PASSES. k 3 Planning Board's Minutes March 25, 1987 Page -4- Minutes of February 11, 1987 Motion: To approve the minutes of February 11, 1987 as written. (Flynn - Caponigro) All in favor. PASSES. Minutes of February 18, 1987 Motion: To approve the minutes of February 18, 1987 as written. (Flynn - Caponigro) All in favor. PASSES. Minutes of March 3, 1987 Motion: To approve the minutes of March 3, 1987 as written. (Flynn- Caponigro) All in favor. PASSES. Minutes of March 4, 1987 Motion: To approve the minutes of March 4, 1987 as written. (Flynn - Caponigro) All in favor. PASSES. Correspondence Memo to Planning Board from Rande Wilson, Town Manager regarding proposed zoning articles for Special Town Meeting. Copy of minutes for Capital Improvements Committee for Chair- man Quinn and Planner 8enatossio. (Chairman Quinn briefly explained what has been happening at the Capital Improvement Committee meetings.) (Planner Madan rejoined the meeting at 8 :10 P.M.) Copy of memo to Joseph J. Campo, Town Engineer, from Planning Board pertaining to information regarding drain lines in relation to gravesites. Memo from Commonwealth of Massachusetts, EOEA, regarding reconstruction of Route 140. Master Plan Advisory Council minutes of March 12, 1987. Covenant for "Eastleigh Estates, North ". Motion: To accept the covenant for "Eastleigh Estates, North ". (Madan -Sohn) All in favor. PASSES. a m Planning Board's Minutes March 25, 1987 Page -5- Letter from Mr. Nicholas C. Harris to Planning Board regard- ing "Balcom Ridge Estates" monitoring pipes. Motion: Send a letter to Mr. Harris informing him that the the Planning Board will accept an extension of thirty (30) days to provide information on ground- water and its effect on retention basins at "Balcom Ridge Estates ". (Flynn - Caponigro) All in favor. PASSES. Community Revitalization Training Center courses for 1987. Copy of memo to Joseph J. Campo, Town Engineer regarding site walk for "Hallett Crossing II ". Booklet from American Planning Association - Professionalism in Planning: Not for Professionals Only conference 4/4/87. Copy of letter to Harrington /Matto from Planning Board regarding delay in refund of filing fee for "Cowan Meadow ". Copy of memo to Joseph J. Campo, Town Engineer, regarding "channel" at "Cancetta Drive II ". Copy of letter to Judith F. Scott, Town Clerk, regarding resignation of Marydee Flynn as Chairman of the Planning Board and the appointment of Stephen H. Quinn as Chairman and Douglas R. Annino as Clerk. Copy of letter to Cablevision regarding possible suggestions for changes to the Subdivision Rules and Regulations concern- ing installation of cable lines within subdivisions. Public hearing notices, City of Attleboro, Zoning Board of Appeals. Statement of Facts from Zoning Board of Appeals for Patrick Newport granting variance, but stating Mr. Newport needs a Special Permit. Notion: Send a letter to Bertram Cook, Inspector of Build- ings, notifying him that, in the Planning Board's opinion a Special Permit is not required under Section III.g, Item 17 of the Zoning By -Laws. (Sohn- Madan) All in favor., PASSES. Statement of Facts from Zoning Board of Appeals for John C. and Joanne White. , I Planning Board's Minutes March 25, 1987 Page -b- (At this time, Chairman Quinn changed the order of the agenda to accommodate Mr. Charles Woodward for "Van Gemert Drive" subdivision.) 4. "Van Gemert Drive" Mr. Charles Woodward was present for the applicant, Mr. Leonard Van Gemert and explained to the Board that he had requested that Al Andrews notify the Planning Board that all conditions had been met on this plan. The plan must be signed by the Town Clerk to certify that no appeals have been made on this definitive plan within the twenty day appeal period. Once a covenant is received by the Planning Board, this plan will be signed by the Board. Motion: For the record, Mr. Woodward was present before the Planning Board and all conditions have been met within the twenty (20) day appeal period for "Van Gemert Drive" Definitive Subdivision Plan. (Madan - Flynn) All in favor. PASSES. (Planner Madan left the meeting at this time.) 5. 8:30 P.M. - Continuation of Public Hearing - "Robyn Estates" At 8:30 P.M., Chairman Quinn continued the public hearing for "Robyn Estates" Definitive subdivision plan. At 8:47 P.M. this public hearing was closed. The following people spoke at this public hearing: Mr. Elliott Fine, Attorney for the applicant. Mr. Christopher Bengel, RIM Engineering. Mr. Alexander J. Skene, Father of the Applicant. The following motions were made at this public hearing: Motion: To sign the definitive subdivision plan for "Robyn Estates ". (Sohn - Caponigro) All in favor. PASSES. Motion: To send a letter to the Mansfield Historical Commission notifying them that "Robyn Estates" definitive plan has been approved. ( Caponigro- Flynn) All in favor. PASSES. \ (Planner Madan returned to the meeting at this time. k N Planning Board's Minutes March 25, 1987 Page -7- 6. Variance Reauests Smith - 205 Lawndale Road Motion: To send a positive recommendation to the Zoning Board of Appeals on the application of Jack L. & Karen R. Smith for a variance for an existing, enclosed porch at 205 Lawndale Road with less than a 40' rear yard, which is non- conforming in the Agricultural Zone. (Madan -Sohn) All in favor. PASSES. Knight - 422 Williams Street Motion: To send a negative recommendation to the Zoning Board of Appeals on the application of Grace Knight for a variance for a lot at 422 Williams Street, said lot having less than 120' frontage, which is non - conforming in an Agricultural Zone because this variance derogates from the intent of the Zoning By- Laws. (Flynn - Madan) All in favor. PASSES. Batting - 5 Morini Street Motion: To send a positive recommendation to the Zoning Board of Appeals on the application of Richard and Leslie Dotting for a special permit to expand a non- conforming structure at 5 Morini Street. (Madan -Sohn) Planner Caponigro and Chairman Quinn in favor. Planner Flynn abstains. PASSES. 7. 9:00 P.M. - Continuation of Public Hearing - "Hallett Cross- ing II" Definitive Subdivision Plan - Deadline: March 29, 1987 At 9:00 P.M., Chairman Quinn continued the public hearing for "Hallett Crossing II ". At 9:40 P.M. this public hearing was closed. The following people spoke at this public hearing: Mr. James Dunn, Dunn Engineering. Mr. Edward Marchaselli, applicant. Mr. Robert Marks, 459 Fruit Street, Mansfield, MA Mrs. Priscilla Arno, 491 Fruit Street, Mansfield, MA Mr. Frank Allen, 795 Ware Street, Mansfield, MA 7 f Planning Board's Minutes March 25, 1987 Page -8- The following motions were made at this public hearing: Motion: To grant a waiver for sidewalks on one side of Jefferson Road in lieu of restoration of two additional drainage culverts crossing sewer inter- ceptor. (Caponigro- Madan) Planners Sohn, and Quinn in favor. Planner Flynn opposed. PASSES. Motion: To accept Lots 83 and 84 as open space lots. (Flynn -Sohn) All in favor. PASSES. Motion: To approve "Hallett Crossing II" Definitive Subdivi- sion plan with the following conditions: 1. Subject to final review by Town Engineer, Joseph J. Campo within the twenty (20) day appeal period. 2. Hawthorne Way will be changed to Nathan Road. 3. Waiver to be granted for sidewalks on one side of Jefferson Road in lieu of restoration of two additional drainage culverts crossing sewer interceptor. 4. Lots 83 and 84 to be reserved for open space lots. 5. Conditions must be met within the twenty (20) day appeal period or plan will be disapproved. (Sohn- Madan) All in favor. PASSES. 8. Site Plan Review - Oakland Street_ Mr. Richard Gurafo, President of Avary R.T.G., representing Nabisco Brands, was present with the new site plan for a cor- porate office building to be built at the Mercken's Chocolate Factory site. Motion: To send a favorable recommendation to the Building Inspector for the site plan for Nabisco Brands (Mercken's Chocolate Factory), referencing Town En- gineer, Joseph J. Campo's memo. (Caponigro - Madan) All in favor. PASSES. Planning Board's Minutes March 25, 1987 Page -9- 9. "Form A" (AMR) Plans Tifdan Development Corporation - Jewell and Williams Streets Motion: To sign the "Form A" (AMR) Plan for Tifdan for Jewell and Williams Street, (approved by the Plan- ning Board 3/18/87 with the condition that 100 -year flood plan and existing buildings be included on the plan - conditions have been met). (Sohn- Madan) All in favor. PASSES. 10. Around the Table The Planning Board discussed the memo from the Board of Selectmen which stated the Selectmen voted not to include the Downtown Zoning Article on the warrant for Special Town Meet- ing and transmitted the articles to the Planning Board. The Planning Board must hold a public hearing within 65 days be- cause the original public hearing was cancelled. The Board discussed when -to hold the public hearing, pending a decision on the litigation now in process against the Downtown Zoning Article. 11. Public Discussion Richard Carey, 461 Williams Street Mr. Carey mentioned that he will be attending a seminar to be held in the Town of Swampscott on April 25, 1987 relative to a facility that used to be a landfill area and was ordered to be sealed and capped. This same facility is now being used as a composting facility for organic matters and also util- izes cardboard and paper products from the compost material. Mr. Carey explained the Water Regulatory Act, which became effective in 1985, where all municipalities are required to register their water usage and give a five year back -dated water consumption. This will be put into a regulation which will come out in 1988 or 1989 and will put a cap ceiling on the amount of water the Town will use. 12. Meeting adjourned at 10:30 P.M. / l LIA ERK DA TX O