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HomeMy WebLinkAboutPlanning Brd Minutes 11/4/1987PLANNING BOARD'S MINUTES NOVEMBER 4, 1987 I DECD Present: Chairman Quinn, Clerk Annino Planners: Caponigro, Flynn, Genatossio, Madan, Sohn Planning Director LaCasse 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report Motion: To reconsider the issue involving the possibility of filing an appeal of the Zoning Board of Appeals decision for John C. Colella for a variance at 16 Church Street. (Flynn - Genatossio) All in favor. PASSES. Motion: To elicit support to instruct the Board of Selectmen that the Planning Board is appealing the decision of the Zoning Board of Appeals on John C. Colella for 16 Church Street in order to maintain Downtown Zoning as voted by Town Meeting. (Flynn - Annino) Planners Flynn, Annino, Genatossio, Sohn and Chairman Quinn in favor. Planners Madan and Caponigro opposed. PASSES. Planning Director LaCasse will look into lawyers to represent the Planning Board and will ask Town Counsel for recommendations. Mr. Gelerman is currently repre- senting the Town for litigation on another case and is not available. (Chairman Quinn left the meeting at this time to present this decision to the Board of Selectmen.) Correspondence Request to change the date of the public hearing for "Wilson Place Ext." defini- tive subdivision to December 12, 1987 (no public hearing notice has been placed with the newspaper). Motion: To change the date of the public hearing for "Wilson Place Ext. to December 12, 1987. (Madan -Sohn) All in favor. PASSES. Memo to Planning Board from Joseph J. Campo, Town Engineer regarding his posi- tion of reviewing preliminary plans.d (Chairman Quinn returned to the meeting at this time.) "Form J" Release of Covenant for "Bradford Estates ", which was approved at the meeting of 10/28/87, was signed. Letter to Planning Board from fir. Paul St. Martin requesting sidewalks for Ware Street, along with copies of letters of support from Police Chief Jesse Earls, Town Engineer, Board of Selectmen, School Department and school bus drivers. Motion: To send a letter to fir. St. Martin telling him how to petition for sidewalks at Town Meeting. Also state that sidewalks should be built according to the standards of the Subdivision Control Law. Send copies of this letter to all concerned departments. (Madan - Flynn) All in favor. PASSES. Motion: To send a letter to the Board of Selectmen stating that it has come to the attention of the Planning Board this date that has initiated dis- 1 Planning Board's Minutes November 4, 1987 Page -2- cussion for the need for sidewalks in our growing community and that the Planning Board suggests that maybe Board of Selectmen should in- itiate a warrant article for a study to be done for sidewalks in this community. (Genatossio- Madan) All in favor. PASSES. 3. 8:00 P.M. - Mr. Michael Emerson - "Form A" (ANR) Plan - School Street Mr. Emerson requested permission to speak to the Planning Board regarding this "Form A" plan. Also present was Mr. Emerson's associate, Mr. Paul Holian. Mr. Emerson explained that he has been before the Conservation Commission with this plan (which, under another owner, had been previously denied by the Plan- ning Board) and has received an Order of Conditions for the road. Once the road has been completed, Mr. Emerson will return to Conservation for every lot. Mr. Emerson and Mr. Holian have met with Mr. Query and given him a copy of this Or- der of Conditions. Mr. Emerson then explained the layout of this "Form A" plan, which would consist of one private right -of -way, approximately 1500 feet in length, for six lots. Clerk Annino reviewed the Checklist, which is complete with the exception of the Zoning Classification. The Conservation Commission's Order of Conditions was entered as a matter of record. Planning Director LaCasse feels this plan is cluster housing which is not al- lowed in Mansfield. In speaking with Mr. Emerson earlier, Planning Director LaCasse stated to the applicant that it appeared Mr. Emerson was trying to cir- cumvent the Subdivision Control Laws and questioned using a twenty foot access for six lots. A request was also made to have Special Town Counsel, Alphonse Query, send a letter as to the legality of using one access for these six lots. Motion: To deny this "Form A" (ANR) Plan due to lack of adequate access, also because the Planning Board feels this is an attempt to circum- vent the Subdivision Control Laws and public safety considerations. (Madan - Flynn) NO MOTION. The Board discussed asking for comments from the Police and Fire Chiefs and also from Special Town Counsel, Al Query. Notion: To table this "Form A" (ANR) plan for School Street until November 18, 1987 at 9:00 P.M. (Annino -Sohn) All in favor. PASSES. (Planner Flynn left the meeting at this time.) 4. 8:30 P.M. - Mr. David Osborne - Morgan Associates Mr. David Osborne and Mr. Paul of Morgan Associates came before the Board to discuss development of property off Williams Street. Mr. Osborne and Mr. Morgan were before the Planning Board May 20, 1987 with a drawing of this proposed subdivision. This plan is to be called "Pine Woods Estates" and will consist of six, oversized lots. The Planning Board reviewed this as a "Preliminary Plan ". Applicant would need to request a waiver for street length. Planning Board suggested the street be redesigned as a "T" shape (refer to Section IV.A.2.f of the Subdivision Regulations) to avoid waivers. Addi- tionally, the following items must be addressed before this plan is submitted in the definitive stage: Oil /water separators must be added; information on I i Planning Board's Minutes November 4, 1987 Page -3- groundwater elevations must be supplied; a landscaped island for the cul -de -sac was suggested, which would increase the diameter of the cul -de -sac; increase in peak flow and run -off be addressed carefully; a complete EIS be supplied (clearly stating anything which does not apply); information on soils; road borings must be done; more emphasis on the wetlands; Tess use of the term "minimal impact ". (Planner Flynn returned to the meeting at this time.) 5. 9 :00 P.M. - Continuation of Public Hearing - "Eastbrook Estates" = Applicant: James Vadala, Jr. - Deadline: February 5 198B At 9:00 P.M., Chairman Quinn continued the public hearing for "Eastbrook Estates" definitive subdivision plan. At 9:30 P.M. this public hearing was closed. The following people spoke at this public hearing: Paul J. Folkman, President, The Folkman Company, representing the applicant. James Dunn, Dunn Engineering. Marilyn Ouellette, Conservation Commission. John Gilligan, 1282 East Street. The following motion was made at this public hearing: Motion: To approve the definitive subdivision plan "Eastbrook Estates" subject to the following waivers: 1. Applicant to install Cape Cod berm on straight positions of road- way. Standup granite will be installed on the turning radii of roadways. 2. Applicant to install a sidewalk on only one side of the street (the same side as "Echo Hills Estates "). Grading will conform to regulations on both sides of the street. 3. A waiver for the fence around the retention basin in lieu of addi- tional stone. Approval also subject to the following conditions: 1. That an agreement be entered into with the Town of Mansfield for the installation of water main. 2. Fire alarm box and fire hydrant locations as specified in Fire Chief's comments (attach copy) must be put on the plan. 3. Conditions must be met within the twenty (20) day appeal period. (Annino- Madan) Planners Annino, Madan, Caponigro, Sohn and Chairman Quinn in favor. Planners Genatossio and Flynn opposed. PASSES. b. Clerk's Report (Cont.) Correspondence (Cont.) Memo from Michel LaCasse to all departments, enclosing copy of blaster Plan sur- vey results from IEP. (Copies to be mailed to all Planning Board members.) 3 Planning Board's Minutes November 4, 1987 Page -4- Master Plan Advisory Council minutes of October 22, 1987. Building construction for the month of October. SRPEDD bulletin. NECAPA Annual Meeting, Fa SEED meeting notice. Notice of Public Hearing, Notice of Public Hearing, Notice of Public Hearing, Notice of Public Hearing, it River success story, Town of Plainville. Town of Easton. City of Attleboro. Town of Foxboro. Minutes of September 23, 1987 Motion: To approve the minutes of September 23, 1987 as written. (Flynn - Genatossio) All in favor. PASSES. 7. "Form A" (ANR) Plans Kenneth Blackman, Williams Street Motion: To sign the "Form A" (ANR) plan for Blackman for property located on Williams Street. (Genatossio- Caponigro) All in favor. PASSES. The Folkman Company, Prince Street Motion: To table until November 18, 1987 (to be reviewed the evening of the public hearing for "Morrow Street Ext. "). (Annino - Flynn) All in favor. PASSES. Motion: To reconsider the vote to table. (Annino- Genatossio) Planners Annino, Genatossio, Caponigro, Madan and Chairman Quinn in favor. Planner Sohn opposed. PASSES. Motion: Not to sign the "Form A" (ANR) plan for Folkman for property located on Prince Street because Lot "C" lacks adequate frontage on an ac- cepted way. (Annino - Flynn) Planners Annino, Flynn, Caponigro, Madan, Genatossio and Chairman Quinn in favor. Planner Sohn abstains. PASSES. 8. Around the Table Planner Madan expressed the opinion that he is not happy with the services the Planning Board is receiving from the Town Engineer. Motion: To send a letter to the Board of Selectmen telling them that the Plan- ning Board is dissatisfied with the Town Engineer's services and to either instruct him to comply with Planning Board requests or to look for another Town Engineer, carbon copy Town Manager along with copies of last two letters sent to Joseph J. Campo, Town Engineer, requesting his assistance. (Madan - Flynn) Planners Madan, Flynn, Genatossio, Annino, Chairman Quinn in favor. Planner Caponigro opposed. Planner Sohn abstains. PASSES. 4 Planning Board's Minutes November 4, 1987 I Page -5- Planner Genatossio mentioned that the Planning Board might be the Board to ask for money at Town Meeting to have a study done on sidewalks, rather than the Board of Selectmen as previously voted. The letter to be sent to Board of Selectmen should state that the Planning Board would be willing to request these funds at Town Meeting. Planner Flynn mentioned that the Roadway Management plan which was done should have a study of sidewalks. Planning Director LaCasse will try to locate a copy of this study. The Board discussed "Form A" (ANR) plans coming before the Planning Board with 100' frontage that only set back one foot and asked Planning Director LaCasse to look into a by -law change to avoid this situation in the future. Planner Genatossio questioned Planning Director LaCasse's reasons for submitting comments for the "Eastbrook Estates" and "Echo Hills Estates" when there were no comments from him on other subdivisions. Planning Director LaCasse explained that these were the first subdivisions he was totally involved in from beginning to end. Planning Director LaCasse had spoken with Mr. Campo (who did not supply a memo for tonight's meeting) regarding "Eastbrook Estates" and wanted to keep the Planning Board informed. Board members asked Planning Director LaCasse to please supply this type of memo for each subdivision they are reviewing in order to have his opinion in writing for the record. Access to subdivisions through other towns will be added to the worklist for discussion. Planning Director LaCasse spoke to the Board about the new Planning Department Inspector, Mr. Robert Powers, who is now on the payroll and working part time. Planning Director LaCasse read two memos from Mr. Powers regarding problems with "Gloria Estates" and "Treetops" subdivisions. Planning Director LaCasse has checked into the abandonment of Willis Street for Mr. and Mrs. George Silvi. Apparently two deeds have been registered for this property, one in 1938 which shows Willis Street and one in 1947 which does not show Willis Street. Assessors records show that the Silvi's pay taxes only on the land which is on either side of the paper street. The Silvi's will be told to have a title search done. Planning Director LaCasse asked for the support of the Planning Board to go for a grant if the Zoning Board of Appeals approves the "Village at Mansfield Depot ". The Board discussed possible areas for improvements in the Town. Motion: If the Special Permit application of "Village at Mansfield Depot" is approved by the Zoning Board of Appeals, the Planning Board will support a CDAG grant which may include sidewalk improve- 3 Planning Board's Minutes November 4, 1987 Page -6- ments, traffic study improvements and other acceptable improve- ments as a result of the impact of this development in this area (Madan - Caponigro) All in favor. PASSES. Planning Director LaCasse stated that Bob Powers has a lot of expertise with oil /water separators and would like to make a presentation at the next Workshop of the Planning Board, Master Plan Advisory Council meeting has been postponed until November 12, 1987. Planning Board and Planning Director LaCasse discussed the procedure for apply- ing for grants. 9. Public Discussion Marilyn Ouellette, Conservation Commission, asked the Planning Board the status ( of "Witch Pond Estates" off South Street. This plan has been filed with Conser- vation to beat the new Wildlife Habitat regulations. The plan has a 78' roadway which goes through wetlands. They have filed under a limited project under the Wetlands Protection Act which allows for more than 5,000 square feet if it is the only reasonable access. Planning Director LaCasse has spoken with the Con- servation Agent, Richard Lewis regarding this plan. Planner Genatossio stated there were no services at this subdivision. Leonard Flynn, Jewell Street, stated that the Zoning Board of Appeals will be making a recommendation to the Planning Board to carry 120' frontage width for lots back to the house to avoid the many variance requests the Zoning Board of Appeals receives. Joseph Zeneski, East Street spoke with the Board about requiring "Form A" lots to have access to driveways through the individual lots. 10. Meeting adjourned at 10:40 P.M. CLERK 12' 2171 DATE 6