HomeMy WebLinkAboutPlanning Brd Minutes 4/8/1987PLANNING BOARD'S
MINUTES
APRIL e, 1987
Present: Chairman Quinn, Clerk Annino
Planners:. *Caponigro, Flynn, *Genatossio, Madan, *Sohn
1. Meeting called to order at 7:30 P.M.
2. Clerk's Reoort
Correspondence
Letter to Planning Board from Attorney John T. Mahoney III
regarding "Maplewood I" performance bond and the installation
of lights in this subdivision.
Motion: To send a letter to Attorney Mahoney informing him
that the Planning Board has asked the Light Commis-
sioners and the Light Department to review the
situation at "Maplewood I" and advise the Planning
Board by April 15, 1987 of their findings.
(Flynn - Madan) All in favor. PASSES.
( *Planner Sohn entered the meeting at 7:40 P.M.)
Memo to Planning Board from Richard Lewis, Conservation
Agent, regarding modification of York Road and Lancaster
Drive at "Forest Park" subdivision.
Motion: Send a letter to Edward Broderick advising him to
bring in the revised subdivision plan for "Forest
Park" for the Planning Board to review.
(Flynn- Annino) All in favor. PASSES.
Copy of letter from Rande Wilson, Town Manager, to IEP
notifying them of the cancellation of their contract with the
Town of Mansfield as consultants to the Master,Plan Advisory
Council.
Copy of letter to J. T. Cronin, District Highway Engineer,
from Rande Wilson, Town Manager requesting authorization of a
heavy commercial vehicle exclusion on Hope Street and Swett
Street.
Letter to Planning Board from Special Town Counsel, Alphonse
Query regarding Conflict of Interest.
Copy of letter to Mr. Day and Mr. elandari from Planning
Board regarding Unaccepted Street Subdivision - Off Webster
Street.
Public Hearing Notice, City of Attleboro, definitive plan
"Briggs Park Estates" off Park St.
1
Planning Board's Minutes
April 8, 1987
Page -2-
Foxboro Zoning Board of Appeals - various public hearing
notices.
Public and Professional meeting announcement from EOEA,
Department of Environmental Management.
American Planning Association Bulletin.
Zoning News.
3. 8:00 P.M. - Public Hearing - Subdivision Rules and Regula-
tians - Sight Distance
At 8 :00 P.M., Chairman Quinn opened the Public Hearing to
discuss changes in the Subdivision Rules and Regulations
regarding Sight Distance. At 8:10 P.M. this public hearing
was closed.
The following people spoke at this public hearing:
Jeff Brunetti, Boston, MA, Engineer.
Michael Foss, 660 North Main Street, Mansfield, MA
Paul Folkman, 190 Winter Street, Mansfield, MA
No motions were made during this public hearing
4. Variance Requests
Louis J. & Katherine L. Certuse - 208 Winter Street
Motion: To send a positive recommendation to the Zoning
Board of Appeals on the Variance Application of
Certuse for an existing dwelling at 208 Winter St.
(Annino -Sohn) All in favor. PASSES.
Lawrence Zonenshine - 27 Angell Street
Motion: To send a positive recommendation to the Zoning
Board of Appeals on the Variance Application of
Zonenshine, 574 East Street, for less than the.'
required width of the buffer strip at 27 Angell
Street, in the Industrial Zone.
(Madan -Sohn) All in favor. PASSES.
Motion_ To send a letter to Bertram Cook, Building Inspec-
tor, notifying him that, although Mr. Zonenshine
might get a variance for the required width of the
buffer strip at 27 Angell St., Mr. Zonenshine must
come before the Planning Board for site plan review.
(Sohn - Annino) All in favor. PASSES.
2
Planning Board's Minutes
April 8, 1987
Page -3-
G. Timothy & Jane E. McIntyre, 52 Sprinq Street
Motion: To send a negative recommendation to the Zoning
Board of Appeals on the Variance Application of
McIntyre to construct an addition to an existing
dwelling at 52 Spring Street due to the fact that
this variance derogates from the intent of the
Zoning By -Law.
(Flynn - Annino) All in favor. PASSES.
James Shriver, 34 Clinton Street
Motion: To send .a negative recommendation to the Zoning
Board of Appeals on the Variance Application of
Shriver to construct an addition to an existing
dwelling at 34 Clinton Street due to the fact that
this variance derogates from the intent of the
Zoning By -Law.
(Annino - Flynn) All in favor. PASSES.
Lincoln Bradner, 45 Walnut Street
Motion:. To send a positive recommendation to the Zoning
Board of Appeals on the Special Permit application
of Bradner to add a second story to an existing
non - conforming structure at 45 Walnut Street.
(Madan -Sohn) All in favor. PASSES.
Louis J. & Katherine L. Certuse, 20B Winter Street
Motion: To send a positive recommendation to the Zoning
Board of Appeals on the Variance Application of
Certuse for an existing dwelling at 208 Winter
Street due to the fact that it would pose a hard-
ship on the applicant if he had to tear down exist-
ing structure.
(Annino - Madan)
( *Planner Genatossio entered the meeting at 8 :25 P.M.)
At this time, the Planning Board discussed a letter written
by Chairman Quinn, which he plans to submit as a letter to
the editor at the Mansfield Mews, relating to the public
hearing for proposed zoning amendments. Chairman Quinn asked
the Board if they would like the letter to speak for the en-
tire Planning Board or if the Board would prefer the letter
/ - to represent Chairman Quinn's personal thoughts. Consensus
of the Board is to have Chairman Quinn write the letter to
the editor as an expression of his own thoughts.
3
Planning Board's Minutes
April 8, 1987
Page -4-
5. "Form A" (ANR) Plans
Douglas Allen, 221 Essex Street
Franklyn Allen, Jr., 795 Ware Street
This "Form A" (ANR) Plan is for a parcel of land located
southerly of Ware Street and westerly of Essex Street. The
reason this plan does not constitute a subdivision is due to
the fact that lots have sufficient, area and frontage as per
zoning.
Motion: To sign this "Form A" (ANR) Plan for Douglas Allen
and Franklyn Allen, Jr., Ware and Essex Streets.
(Madan -Sohn) Planners Madan and Sohn in favor.
Planners Genatossia, Flynn and Annino opposed. NO
VOTE.
The Planning Board discussed requesting an opinion from Spe-
cial Town Counsel, Alphonse Query, regarding frontage for
these lots and the landlocked parcel which may be created by
approving this "Form A" Plan.
Motion: To table this "Form A" Plan for two weeks to request
an opinion from Town Counsel.
(Flynn- Annino) All in favor. PASSES.
b. 9:05 P.M. - Discussion of Proposed Changes to Sight Distance
for Subdivision Rules and Regulations
Motion: Referring to Page 22, Section IV, Paragraph 2, Sub-
paragraph g., delete sub - paragraph g. and replace
with: "Sight distance shall be in accordance with
regulated speed:
500'
a
55
mph
440'
�)
50
mph
365'
a7
45
mph
300'
a
40
mph
240'
a
35
mph
200'
@
30
mph
Setback distance between Point "B" and Street "A"
to 15'.
(Madan -Sohn) All in favor. PASSES.
Motion: To send letters to the Town Clerk, Registry of
Deeds (Certified), SRPEDD, Building Inspector,
Engineering Department and Recorder of Land Court
(Certified) notifying each of the change in the
Subdivision Rules and Regulations pertaining to
4
Planning Board's Minutes
April 8, 1987
Page -b-
sight distance.
(Madan -Sohn) All in favor. PASSES.
( *Planner Caponigro entered the meeting at 9:10 P.M.)-
7. 9:15 P.M. - "Balcom Ridge Estates" - Attorney Elliott Fine
Attorney Fine came before the Planning Board representing
Mrs. Marion Szabo of Balcom Street. Also present was Mr.
Scott Fuller, relative of Mrs. Szabo. Mr. Fine requested a
partial release of covenant for "Balcom Ridge Estates" for
lot 27 only. Most of this property was owned by Marion Szabo
before she transferred to Nicholas Harris as Trustee. Mrs.
Szabo made an agreement with Mr. Harris whereby he basically
bought a portion of her property. A relatively small sum of
money was exchanged and Mrs. Szabo was to receive Lot 27 and
four other one acre lots in addition to the money settlement.
The agreement called for Mrs. Szabo to retain title to the
property where Mrs. Szabo now resides, which is Lot 27. The
Board informed Mr. Fine that, due to the fact that the
property is in Mr. Harris's name, Mr. Harris is the only one
who can request a partial release of covenant. Mr. Harris
apparently has not recorded this plan, nor has he recorded
the covenant. A bond must also be posted if any lots are to
be released.
Mr. Fine requested time on the Planning Board agenda for
April 153 1987. The earliest time available is 10:30 P.M.
S. "Granada Park "_ - R & R Realty Trust
Mr. Morton Libbey, representing R & R Realty Trust and Mr.
Bruce Evans, Trustee were present for this discussion. Mr.
Libbey took exception to an additional nine items which were
recently brought to the attention of the applicants regarding
the subdivision "Granada Park ", citing the fact that a pre-
vious letter to the applicant only included three items -
which had been addressed. The Construction Inspector, Al
Andrews, has now found catch basins which do not conform to
subdivision rules and regulations. Mr. Andrews recommended
that the applicant approach the Planning Board for a waiver
for these catch basins. The plan for this subdivision shows
the catch basins exactly where they should be. However-,
driveways are not shown on the plan and were installed in the
wrong location. Mr. Libbey asked if the bond would be
released if all nine items are completed on Mr. Andrew's
list, with the exception of the catch basins at the
driveways. Members of the Board would like to walk this sub-
division.
5
Planning Board's Minutes
April e, 1987
Page -6-
Motion: To notify developers of any subdivisions under con
struction that the Planning Board will not tolerate
c:,tch basins being located at the end of driveway =_
and that waivers will not be granted.
(Caponigro - ) No second.
The Planning Bea,-d discussed possibly changing the Subdivi-
sion Rules and Regulations to include curb cuts and drive.wa\-
grading.
9. Around the Table
Planner Flynn stated that she had been reviewing a Land Use
Planner. One of the Court cases refer -aced was Mansfield and
=fated that the Town was va onq in that pigs are noF el lowed
in the Agricultural Zone. clothing has been heard from Tovn7
Counsel, John Dwyer, but he did represent the Town in this
case and the Court declared the Town wrong in this
Planner Flynn feels this should be changed immediately.
Planner Flynn also questioned the drainage for the subdivi-
sion at Tremont and West Street. After all the rain we have
recently had, the s„ater e :tends across the front of four- com-
plete house lots (480'). There is a dirt road cut in for the
subdivision which only goes 300'. The eiate'r is at least tr -,o-
thirds of the way up this road. Board members recalled that
the drainage problems have been properly addressed and will
be taken care of.
Planner Annino announced that he will be resigning from
Master Plan Advisory Council dui to a heavy work load. Board
members discussed whether or not Master Plan Advisory Council
would replace anyone who resigned. Planner Flynn felt the
Board should replac := the Planning Board appointee and sug-
gested Mr. Richard Gordon be, ause he is always present for
the Ma =_ter Plan Advic_oi-y Council meetings. The Board a,ill .
discuss this further at their ne>ct meeting.
1n, Pi!.blic Discus =inn_
Mr. Joseph 7en�-s4� 842 East Street. Mr . enesk i as.F,ed the
Board if the sight distance reoulation applys only to the
streets, within the s_ubcaivision or the acres from the maii,
road as well. Ch=_irmar Guinn stated that the Board voted
:3pecifi, :ally with access from the main road in mind and is
W
Planning Board's Minutes
April 8, 1987
Page -7-
sure it applies within the subdivision also. Mr. Zeneski
stated that one of the issues on Folkman's property an North
Main Street was whether the regulation applied only to the
road within the piece of land to be subdivided. Chairman
Quinn stated the way the Board voted tonight would apply to
any intersection. Mr. Zeneski asked if the Board was going
to inform people submitting "Form A" plans that their remain-
ing land will come under the requirement=_ of sight distance
and that applicants be more aware of where they put any
access road for future subdivisions. Board members discussed
possibly adding this to the checklist.
Mr. Franklyn Allen asked the Board to return the "Form A"
plan for Were and Essex Street to the table to give Planner
Caponigro a chance to review.
Motion: To return the "Form A" (ANR) plan for Ware and Es =_e;;
Street to the table.
(Madan -Sohn) Planner Caponigro in favor. Planners
Genatossio, Flynn, Annino and Quinn opposed. FAILS.
11. Meeting adjourned at 10 :20 P.M.
QIVV-? } _
CLERK
h. 21
DOTE