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.
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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.
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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
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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'
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DATE
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