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HomeMy WebLinkAboutPlanning Brd Minutes 10/28/1987PLANNING BOARD'S MINUTES OCTOBER 2B, 1987 y , :DEC, 081 Present: Chairman Quinn, Clerk Annino Planners: Caponigro, Flynn, Genatossio, Madan, Sohn Planning Director LaCasse 1. Meeting called to order at 7:00 P.M. 2. Executive Session - Joint with Board of Selectmen Planning Board adjourned to go into executive session with the Board of Selectmen regarding Bird Road litigation. 3. 7 :50 P.M. - Keith Development Corporation "Village at Mansfield Depot" Mr. Phil Corbett, Project Manager, Keith Development Corporation was present to review the Planning Board's negative recommendation to the Zoning Board of Ap- peals regarding the Special Permit application for the "Village at Mansfield Depot ". Mr. Corbett asked the Planning Board for reconsideration of their nega- tive recommendation. After discussion with Mr. Corbett, the Planning Board realized all the facts were not made available to them at the time of their ini- tial review of this special permit. Mr. Corbett also explained that it would be possible to receive a CDAG grant if this project is approved, which could benefit the Town of Mansfield. The public hearing held by the Zoning Board of Appeals closed October 16, 1987. ( *Clerk Annino left the meeting at 8:25 P.M.) Motion: To appoint Planner Sohn Acting Clerk. (Madan - Caponigro) All in favor. PASSES. 4. B :30 P.M. - Preliminary Plan Review o "Balcom Ridge Estates II" This review was continued from October 14, 1987. Neither the applicant nor his engineers were present for tonight's meeting. They were supposed to be in touch with Planning Director LaCasse and the Conservation Commission before this eve- ning. However, this was not done. 5. 8:35 P.M. - Mr. & Mrs. George Silvi for Discussion of Abandonment of Paper Street Mr. and Mrs. Silvi have asked the Planning Board for information as to how they would abandon Willis Street from Court Street to Samoset, which abuts their property and which they have been paying taxes on for twenty -one (21) years. The Board explained that a public hearing would have to be held by the Planning Board, at the applicant's request, to abandon a paper street provided this is not a street accepted by Town Meeting. If this has been accepted by Town Meet- ing vote, the street can only be abandoned by Town Meeting. The Silvi's will also check into this property further to be sure it has not already been aban- doned. Planning Director LaCasse will also check with the Assessor's on this piece of property. 1 Planning Board's Minutes October 28, 1987 Page -2- 6. Clerk's Report Correspondence Request to hold public hearing for "Wilson Place Extension" definitive subdivi- sion plan on December 2, 1987 at 8:00 P.M. Motion: To hold a public hearing for "Wilson Place Ext." on December 2, 1987 at 8:00 P.M. (Madan - Flynn) All in favor. PASSES. Irrevocable Letter of Credit and "Form J" Release of Covenant, for "Bradford Estates" definitive subdivision plan. Motion: To accept the Irrevocable Letter of Credit for "Bradford Estates ". (Sohn - Madan) All in favor. PASSES. Motion: To accept the "Form J" Release of Covenant for "Bradford Estates ". (Sohn - Caponigro) All in favor. PASSES Letter from Alphonse Query, Special Town Counsel, to Planning Board notifying the Board to seek outside counsel regarding possible appeal of the decision of the Zoning Board of Appeals for a variance for J. Colella at 16 Church Street. Motion: To request Attorney Gelerman represent the Planning Board in this appeal if needed. (Flynn- Genatossio) Planners Flynn, Genatossio, Sohn and Chairman Quinn in favor. Planners Caponigro and Madan abstain. PASSES. Copy of letter to Mansfield Cooperative Bank regarding release of funds for Rosemont Development for Fruit Street. Copy of letter to Joan Cutillo, Acting Town Manager, regarding Town Engineer, Joseph J. Campo's refusal to review preliminary plans. Copy of letter to Judith F. Scott, Town Clerk, regarding approval of "Northridge Estates" definitive plan. Letter from Attleboro Savings Bank acknowledging release of funds for "Mansfield Manor ". Letter from Commonwealth Engineering Co. requesting permission to use the scale of 1" = 100' when submitting a subdivision plan consisting of 250 acres. Motion: To allow Commonwealth Engineering Co. to change the scale from 1" _ 1000' to 1" = 100'. (Madan - WITHDRAWN Motion: To allow the change to a scale of 1" = 100' for the preliminary plan only. (Sohn - Caponigro) All in favor. PASSES. Zoning Board of Appeals Statement of Facts for J. Colella for Church Street Variance; Mona & Byron Cohen for Lancelot Lane; Ronald N. Harrison for Rustic Drive and Tamara & Paul Anderson for Warren Avenue. Public hearing notice, Town of Foxboro. E Planning Board's Minutes October 28, 1987 Page -3- 7. Variance Requests Robert J. Palanza, 22 John Street Motion: To send a positive recommendation to the Zoning Board of Appeals for the Special Permit application of Palanza to construct an addition to an existing non - conforming dwelling at 22 John Street. (Flynn - Caponigro) All in favor. PASSES. Island Sales, Inc., 369 Central Street, Foxboro and Tom Flurkey Chevrolet, 12 Pratt Street, Mansfield. Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Island Sales, Inc. and Tom Flurkey Chev- rolet for storage of automobiles on a lot on Copeland Avenue. (Caponigro -Sohn, for discussion) Planner Caponigro in favor'. Planners Sohn, Genatossio, Flynn and Chairman Quinn opposed. Planner Madan abstains. FAILS. Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Island Sales, Inc. and Tom Flurkey Chev- rolet for storage of automobiles on a lot on Copeland Avenue due to the fact that this is a change of use. The Planning Board recommends the applicant go to Town Meeting for a Zoning change for this par- ticular use. (Flynn - Genatossio) Planners Flynn, Genatossio, Sohn and Chairman Quinn in favor. Planner Caponigro opposed. Planner Madan abstains. PASSES. B. Minutes of September 9, 1987 Motion: To approve the Minutes of September 9, 1987 as written. (Flynn- Caponigro) Planners Flynn, Caponigro, Madan, Sohn and Chairman Quinn in favor. Planner Genatossio abstains. PASSES. Minutes of September 16, 1987 Motion: To approve the minutes of September 16, 1987 as written. (Flynn - Caponigro) All in favor. PASSES. 9. Discussion of Variance for J. Colella - 16 Church Street For the record, Chairman Quinn's written comments opposing the Zoning Board of Appeals decision regarding this variance are attached to the minutes for this meeting. Planning Director LaCasse stated he had met with Alphonse Query this afternoon and it is felt that Mr. Colella should have applied for a Special Permit, not a variance. Also, it would appear that there is no financial hardship involved in this variance and it also appears that Mr. Colella is trying to extend the Downtown District. The Board discussed the possibility of appealing the Zoning Board of Appeals decision once again. Motion: To send a letter to the Board of Selectmen to institute a suit against the Zoning Board of Appeals because of their determination on the Variance Request of John C. Colella to construct a multi - family dwelling to contain nine units in one building on a lot at 16 Church 3 Planning Board's Minutes October 28, 1987 Page -4- Street and to request the funds to engage Mr. Gelerman for this pur- pose. (Flynn- Genatossio) Planners Flynn, Genatossio and Chairman Quinn in favor. Planners Caponigro, Madan and Sohn opposed. FAILS. 10. Around the Table Planning Director LaCasse discussed the "Village at Mansfield Depot II" and the possibility of assisting Mr. Corbett in getting the CDAG grant for improvements within the Town. Also, that the Planning Board notify the Zoning Board of Ap- peals that they approve the concept of the "Village at Mansfield Depot 11" but state the concerns the Planning Board feels should be addressed before the Zoning Board of Appeals makes a final decision. The Board discussed the areas of the Town where possible improvements might be made. Master Plan Advisory Council has changed its meeting date from November 5 to November 12, 1987 at which time Connery Associates will make a presentation of their Trends Extended report. 11. Meeting adjourned at 10 :00 P.M. CLERK' 1 �, 2' 411 DATE 4