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HomeMy WebLinkAboutPlanning 04/30/1986PLANNING BOARD'S MINUTES APRIL 30, 1986 Present: Chairperson Flynn, Clerk Quinn Planners: Madan, Annino, Genatossio* and Boldrighini* Planning Director Callinan 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report Correspondence I *Planner Genatossio entered during correspondence. A copy of the Planning Board's Agenda for April 30, 19860 A memorandum from the Conservation Commission to the Planning Department regarding subdivision plan reviews. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mr. Bertram M. Cook, Inspector of Buildings, regarding the Board's recommendation on the surplus material removal request for the "Camelot at Mansfield" Subdivision. A copy of a memorandum from Marydee Flynn, Chairperson of the Mansfield Planning Board, to the Board of Health, Conservation Commission and Water Department regarding a workshop meeting to be held by the Easton Planning and Zoning Board, A copy of the Planning Board's pending business list. A copy of a legal notice from the Town of Foxboro Planning Board. A hearing will be held on Thursday, May 8, 1986, at 8:30 P.M. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield.Planning Board, to Mr. Bertram M. Cook, Inspector of Buildings, regarding the Cabot Pond Restoration Project. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk, regarding the Board's decision on the "Jason Lane" Definitive Subdivision Plan, A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mr. Rande J. Wilson, Town Manager, regarding the removal of surplus material from the fish and game area, Planning Board's Minutes April 30, 1986 Page 2 A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk, regarding the Board's decision on the "Shiloh Estates" Definitive Subdivision Plan. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk, regarding the Board's recommen- dation on Article 57. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mrs. Judith F. Scott, Tow # n Clerk, regarding the Board's recommen- dation on Article 58. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk, regarding the Board's recommen- dation on Article 24. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk, regarding the Board's recommen- dation on Article 45. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk., regarding the Board's recommen- dation on Article 44. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk., regarding the Board's recommen- dation on Article 50. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk., regarding the Board's recommen- dation on Article 46. A copy of a letter from Marydee Flynn, Chairperson of the Mansfield Planning Board, to John McNair, Chairman of the Mansfield Board of Selectmen, regarding the Gelerman and Cashman bill. A copy of a notice of public hearing from the Town of Norton Planning Board. A hearing will be held on Tuesday, April 15, 1986, at 8:30 P.M. A copy of a notice of public hearing from the Town of Sharon Board of Appeals. A hearing will be held on Thursday, May 1, 1986, at 8:00 P.M. A copy of a notice of public hearing from the Town of Foxboro Planning Board. A hearing will be held on Thursday, May 8, 1986, at 8:00 P.M. A copy of a notice of public hearing from the Town of Foxboro Planning Board. A hearing will be held on Thursday, April 24, 1986, at 9:00 P.M. A copy of a notice of public hearing from the Town of Foxboro Planning Board. A hearing will be held on Thursday, April 24, 1986, at 8:45 P.M. A copy of a notice of public hearing from the Town of Sharon Board of Appeals. A hearing will be held on Thursday, May 8, 1986, at 7:30 P.M. Planning Board's Minutes April 30, 1986 Page 3 A copy of a notice of public hearing from the City of Attleboro Planning Board. A hearing will be held on Tuesday, May 6, 1986, at 8:30 P.M. A copy of a notice of public hearing from the Town of Sharon Department of Public Works. A hearing will be held on Thursday, May 15, 1986, at 7:30 P.M. A letter from Anthony N. Fiore, Jr., to John McNair, Chairman of the Mansfield Planning Board, submitting his resignation as a member of the Mansfield Planning Board effective immediately. A copy of the Mansfield Conservation Commission minutes for Monday, February 24, 1986. Minutes of April 23, 1986 Motion: To approve the minutes of April 23, 1986. (Madan - Quinn - Flynn - Annino) (Genatossio abstained from voting) PASSES 3. Variance Applications Sousa - 1720 West Street This variance request is to construct an addition to an existing single family dwelling at 1720 West Street, said addition having less than a 40 foot front If I Z yard set back which is non -conforming in an Agricultural Zone. The size of the existing structure is 38 feet by 24 feet and the extent of the proposed alterations is an attached breezeway and two -car gambrel garage. After con- siderable discussion, the Planning Board came to the conclusion that the applicant could place his garage in a different position and, therefore, no hardship was shown. Motion: To send a negative recommendation to the Zoning Board of Appeals on the application for Sousa due to the fact that there is no hardship shown. (Annino - Madan - All in favor) Maloon - 473 Maple Street This variance request is to construct an.addition at 473 Maple Street, said addition changing the existing single family dwelling to a two family dwelling, which is non -conforming in an Agricultural Zone. The present use of the pro- perty is a one family dwelling. The proposed use of the property is a one family with a mother-in-law apartment. Motion: To send a negative recommendation to the Zoning Board of Appeals on the application for Maloon due to the fact that the use derogates from the intent of the Zoning Bylaw. (Madan - Annino - All in favor) I 4. Work Shop MeetingwithEaston Planning and Zoning Board Chairperson Flynn stated that this workshop meeting will be held on Thursday, May 15, 1986, at 7:30 P.M. She would like to know what members will be going to this meeting. Clerk Quinn and Planner Genatossio stated that they will tentatively schedule on attending this meeting, 9 Planning Board's Minutes April 30, 1986 Page 4 5. "Camelot at Mansfield" Surplus Removal Chairperson Flynn stated that the Planning Board has sent a letter to the Building Inspector regarding the removal of this material. The recommen- dation was positive with the stipulation that the material be removed from 9:00 A.M. until 2:00 P.M. She stated that the trucks are still running at 7:00 A.M. in the morning and she would like to know what the Board can do re- garding the removal of material other than revising that section of the Bylaw. Planning Director Callinan stated that he questions whether the removal of the material should be under the Zoning Bylaw or under a General Bylaw. He stated that if this should be placed under a General Bylaw, any violation would be a criminal violation rather than a zoning violation because the General Bylaw is broader than the Zoning Bylaw. Chairperson Flynn stated that she would like this item placed on the Planning Board's work list so that this matter can be looked into further, *Planner Boldrighini entered the meeting at this point. 6. 8:00 P.M. - Continuation of Public Hearing - "Massapoag Estates" - 99 lots off of Maple Street The continuation of the public hearing for the "Massapoag Estates" definitive subdivision plan began at 8:00 P.M. At 8:55 P.M., -the hearing was again con- tinued until May 7, 1986, in order that the Board can obtain further comments from the Town Engineer and the Police Chief on this subdivision. The Board would also like a,letter from the electric company regarding the power lines within this subdivision and the possible effect they would have on homes which are proposed in this area. A copy of the transcript of this public hearing is available in the Planning Department office. The following people spoke at this public hearing: Paul J. Folkman - Applicant, The Folkman Company Ralph Maloon Engineer Ronald Bonvie The Bonwood Corporation Fred Clark - Easton Planning and Zoning Board The following motions were made at this public hearing: Motion: To accept the extension request received from Paul J. Folkman until May 8, 1986. (Annino - Madan - All in favor) Motion: To write a letter to Roger Rousseau, E.U.A. Service Corporation, P.O. Box 212, Lincoln, RI 02865 asking him if he has reviewed the "Massapoag Estates" subdivision plan and what the power com- pany's stance is regarding the power line easement, the location of homes in or around the easement area and whether there will be any problems with these matters. The Board would like a reply as soon as possible. (Annino - Madan - All in favor) Planning Board's Minutes April 30, 1986 Page 5 7. 8:55 P.M. - "Fieldbrook Village" - Continuation of Public Hearing - 8 lots off of Fruit Street The continuation of the public hearing for the "Fieldbrook Village" Sub- division began at 8:55 P.M. At 9:12 P.M., the public hearing was continued until Wednesday, May 7, 1986. A copy of the transcript is available at the Planning Department off ice. The following people spoke at this public hearing: Louis Andrews - Applicant The following motions were made at this public hearing: Motion: To accept the request for an extension for the "Fieldbrook Village" Subdivision until May 23, 1986. (Annino - Madan - All in favor) 8. Review the following subdivision plans: "Forest Park" Preliminary Subdivision Plan Planner Genatossio stated that regarding conventional subdivisions versus cluster development, she would like to know if anyone has done a study on how much open space will be in one compared to the other. Planning Direc- tor Callinan stated that a study has not been conducted, but there is generally more open space in a cluster development than in a conventional subdivision. Planner Genatossio would like to know if recreational faci- lities can be placed on this open space land; Planning Director Callinan stated that the Planning Board can approve the use of up to five percent (5%) of this open land for recreational facilities. It was pointed out to the Board that this subdivision plan is for conventional use at the time being and that is what must be voted on. Planning Director Callinan stated that this is the exact plan that the Planning Board approved a few -months ago, it was just resubmitted for zoning protection. Planner Annino stated that he feels having this land developed into a conventional subdivision is an inappropriate use of the land. Motion: To approve the preliminary subdivision plan for "Forest Park". (Quinn - Madan - Flynn - Genatossio - Boldrighini) (Planner Annino was opposed to this motion) PASSES "Oakhill Heights" Preliminary Subdivision Plan Clerk Quinn read the comments from the various department heads. He also read the checklist and found that the major features of the land (existing driveway) was not shown on the plan and the widths of adjacent streets were not shown on the plan. Planning Director Callinan stated that "Plantation Estates" and "Stearns Hill Estates" are further down the road from this pro- posed development and that the Hercules dump site is across the street so he does not know what type of problem this would pose to the on-site wells that are being proposed. He stated that there is the possibility of extending Planning Board's Minutes April 30, 1986 Page 6 the Town water to this as well as the other developments in this area be- cause there is over 100 lots in this area. He also stated that there are no drainage calculations on the plan. Planner Genatossio asked if the Town Engineer could speak to the applicant's regarding the drainage and the water in this particular area, he can ask them to design it differently. Planner Annino had a question as to the potential problem that may be caused because the Board does not know the location of the septic systems and additional structures on the existing lots; he does not feel that the plan can be approved without this knowledge. Planning Director Callinan stated that the applicant of this subdivision plan is not present tonight and he suggests that the Board make their decision this evening, but if the applicant would like to come in and speak with the Board regarding their decision, he should be allowed to do so. Motion: To disapprove the preliminary plan for the "Oakhill Heights" subdivision. (Annino - Madan seconded for discussion purposes) TABLED Planning Direct -or Callinan stated that he feels it would be best if the Board approved the plan based on certain conditions being met. The Board did not feel that this was the best way to handle the situation and, therefore, decided to make no decision on this matter this week and invite the applicant in to speak with the Board next week. Motion: To table this motion until next week. (Madan- Boldrighini - All in favor) Subdivision of Land off Mill Street Charles R. Herbert., engineer, stated that he, along with Charles Woodard and Mr. McDonald, met with the Planning Director last week. At this meeting, certain changes were recommended which they are in total agreement with at this time. He stated that this development consists of seven (7) acres lo- cated off of Mill Street, the applicant lives on the corner of this subdivi- sion plan. He stated that percolation tests have been conducted on this property and all were two (2) minutes per inch. The Canoe River is 450 feet from the end of their property and there is a gradual slope to the property. The engineer briefly explained the drainage to the Planning Board members. Planning Director Callinan stated that the roadway easement encumbering Lots 6, 7 and 8 is not needed or recommended because the 150 foot requirement between streets is measured from the centerlines. Planner Genatossio had a question as to how far away the Town wells were from this subdivision and Planning Director Callinan stated that he does not know, but it is at least 400 feet. After considerable discussion, the Board stated that it would be better to have on-site drainage rather than the drainage going into the Canoe River as the engineer has stated, but they informed the applicants that the Town Engineer must review this plan and give his recommendations on it. They also informed the applicants that an oil/water separator would be needed because this proposed development is within the Water Supply Pro- tection District. Planning Director Callinan also stated that the notation on the plan should refer to the floodway map, not the flood plain. He also stated that he will contact the Town Engineer and request comments on this plan in order that the Board can review this and make a decision on it next week. Planning Board's Minutes April 30, 1986 Page 7 9. "Form A" (ANR) Plans Nicholas C. Harris - School Street The applicant of this "Form A" (ANR) plan is Nicholas C. Harris. This "Form A" (ANR) plan consists of property on the southerly side of School Street. The reason this plan does not constitute a subdivision is be- cause the lots have adequate area and frontage on a public street. The checklist is incomplete. Planning Director Callinan noted that due to the lack of identifying permanent monuments, there is no accurate basis for determining whether the plan requires subdivision approval or not. The site also contains a large tract of wetlands which may effectively preclude access to the respective lots. He also stated to the Board that he has' spoken to the applicant regarding this matter and developing this land in the conventional manner and came to the conclusion that this can be devel- oped in the conventional manner. Motion: To deny the "Form A" (ANR) plan for Nicholas C. Harris for land on School Street based on the lack of permanent monuments not being on the plan and there is no adequate way the Planning Board can determine whether subdivision approval is required or not. (Annino - Quinn - All in favor) Nicholas C. Harris - Gilbert Street The applicant of this "Form A" (ANR) plan is Nicholas C. Harris. This "Form A" (ANR) plan consists of property on the westerly side of Gilbert Street. The reason this plan does not constitute a subdivision is be- cause there is adequate area and frontage on a public way. The checklist is incomplete. Planning Director Callinan stated that although there is a lot of information missing from the plan, the Board can vote to approve the plan and then they will not sign it until all the proper information is placed on the plan. *Chairperson Flynn left the meeting at this point. *Clerk Quinn to be Acting Chairperson for the remainder of the meeting. Motion: To have Planner Genatossio be Acting Clerk for the remainder of the evening. (Annino - Madan-- All in favor) Motion: To approve the "Form A" (ANR) plan for Nicholas C. Harris for land on Gilbert Street subject to all the pertinent information being incorporated on the plan. (Genatossio - Annino - All in favor) The Folkman Company - Morrow Street Extension The applicant of this "Form A" (ANR) plan is The Folkman Company. This "Form A" (ANR) plan consists of a parcel of land on the northwesterly end of Morrow Street Extension bounded northerly by the Robinson Brook, east- erly by The Folkman Company, southerly by Morrow Street and westerly by Massachusetts Electric, Depillo and Scarpellini. The reason this plan does not constitute a subdivision is because Lot 4A has sufficient frontage and area as per zoning. Lot 4B is to be transferred to abutting ownership. The checklist is complete. Acting Chairperson Quinn did not agree with this Planning Board's Minutes April 30, 1986 Page 8 "Form A" (ANR) plan because he did not feel that these lots had adequate frontage because he knows the area personally. Planning Director Callinan informed him that he did not have to vote in favor of this "Form A" (ANR) plan if he is against it. Motion: To sign the "Form A" (ANR) plan for The Folkman Company for land on Morrow Street Extension. (Boldrighini - Madan - Genatossio - Annino) (Acting Chairperson Quinn was opposed to this motion) PASSES Kamen - Ware Street The applicant of this "Form A" (ANR) plan is Irwin L. and Marie A. Kamen. This "Form A" (ANR) plan consists of property northerly by Ware Street, Farrell, Hughes and Delano; easterly by Farrell and Allen; southerly by Allen, Fontanini and Pisano; westerly by Pisano, Butler, McQuaid and Schmidt. The reason this plan does not constitute a subdivision is be- cause the lots front on a public way and have frontage and area that con- form to zoning. Although the checklist is not complete, Mr. Irwin Kamen approached the Board and stated that the only thing this "Form A" (ANR) plan is accomplishing is the movement of one of the lot lines ,by one (1) foot for recording purposes. Motion: To sign the "Form A" (ANR) plan for Irwin and Marie A. Kamen for land on Ware Street. (Boldrighini - Annino - All in favor) 10. Around the Table Planner Annino would like to know how the Board is going to approach the Town Meeting regarding their Water Supply Protection District article and he would like to know if the Selectmen are going to support this article since their article for the Water Supply Protection District failed at the last session of Town Meeting. Planner Genatossio stated that this article is the first order of business when the Town Meeting resumes on Monday, May 5, 1986. Joseph Zeneski, 842 East Street, informed the Board that the Selectmen are not going to sponsor the Planning Board's article for the Water Supply Protection District. Planner Genatossio stated that she has driven by the lot on Rumford Avenue where the condominiums are being erected and she stated that there are quite a few changes on the site than the items that were on the site plan when the Board reviewed it. Planning Director Callinan stated that this site plan was for originally 16 units and now they are putting in 12 units which will be in the two (2) structures. When Planner Genatossio pointed out that there is only one (1) structure allowed on a lot, Planning Director Callinan stated that he cannot discover anything regulating this matter. After further dis- cussion on this matter, the Planning Board decided that further work has to be conducted on this requirement and, therefore, it will be placed on the Planning Board's work list. Planner Annino had a concern because the Town does not have a fire district and he thinks that the Fire Chief would be very interested in having one established. Planning Director Callinan stated that this is presently being worked on and he suggested that it should be addressed to the Building Inspector directly. Planner Genatossio still had a concern because she feels that if a site plan is revised, the Planning Board should then have the opportunity to review it and issue another recommendation. Planning Director Callinan stated that the drainage and the parking area did Planning Board's Minutes April 30, 1986 Page 9 not change and, therefore, the Building Inspector did not feel that it needed to go back to the Planning Board for another recommendation. Motion: To write a letter to the Inspector of Buildings asking him why this particular site plan was not resubmitted to the Planning Board when the easement was discovered on the pro- perty and the placement of the buildings differ from the site plan that the Board originally reviewed. The Board would like him to respond as soon as possible. (Annino - Genatossio - All in favor) Planning Director Callinan stated that the Building Inspector asked him to review this site plan which he did and found no problems with it which is why the plan was not resubmitted to the Planning Board. Planner Genatossio still feels that this plan should have been resubmitted to the Planning Board. It was also pointed out at this time, that if the Inspec- tor of Buildings makes a different determination on site plans, he must notify the Planning Board within seven (7) days of this determination. Motion: To send a letter to the Inspector of Buildings stating that it is the Board's understanding that if there is a change in a site plan, it should come back to the Planning Board. Could he please respond in writing on this matter. The same letter is to be sent to the Planning Director. If you disagree, please inform the Board as to the reasons why and if this should happen again, please inform the Board. (Annino - Genatossio - All in favor) Planner Genatossio would like to know if a response has been received from the Town Manager regarding the removal of gravel from the fish and game area. Planning Director Callinan stated that a response has not been re- ceived, but he has spoken to the Building Inspector on this matter and he is of the opinion that as far as the surplus material section of the Bylaw is concerned, it allows for public works without a permit and, therefore, it is exempt. He suggested that Planner Genatossio speak directly to the Building Inspector on this matter. Planner Genatossio stated that the Board should go down and look into this matter because they should know what is being removed as this is in the Water Supply Protection District. Planner Boldrighini stated that he feels this is a waste of the Planning Board's time because there are so many other things that they should be looking at at this time and they should not be looking at this matter because what they are saying is that every time the Town wants to remove two or three yards of material, they will have to come before the Planning Board to get a permit. *Planner Boldrighini left the meeting at this point, Planner Genatossio stated that the Board should give the Town Manager another week to respond to their letter and, if by that time there is no response, the Board should write him another letter. Planning Director Callinan stated that the Building Inspector's differs from the Planning Board in that he does not feel that a permit is needed. Motion: To send aletter to the Inspector of Buildings asking him what he calls this removal of gravel from the fish and game area; what is it called under removal. A copy of this letter will be sent to the Town Manager and the Board of Selectmen. (Genatossio - Annino - Quinn - Madan) Planning Board's Minutes April 30, 1986 Page 10 Planning Director Callinan stated that he has drafted copies of the proposals under the grant application and the other information that the Board asked for, he would like the Board to review this material in order that it can be discussed next week. He also stated that the Planning Board is scheduled to meet with the Board of Selectmen next week to discuss this matter. Acting Chairperson Quinn asked if an article has been drafted for additional funding for the Master Plan. Planning Director Callinan stated that he has spoken to the Town Manager and they have come to the conclusion that additional funding is not necessary. Although the Board argued this point, Planning Director Callinan stated that he has spoken to several consultants on this matter and he suggested that the Board members read the material submitted to them this evening. Acting Chairperson Quinn also had a question as to if the plan that is being proposed conforms verbatim to Chapter 41 which states what a Master Plan should consists of; Planning Director Callinan stated that this does conform, 11. Public Discussion Joseph Zeneski, 842 East Street, stated that there is a parking lot on the corner of Thomas Street and Old Colony Way which has never had a site plan submitted and this parking lot does not meet the requirements for setbacks and wetlands. He would like to know what the Planning Board is going to do about this matter. Planning Director Callinan stated that he has spoken to the Building Inspector on this matter and was told that this was just a temporary parking lot and informed Mr. Zeneski that he should speak to the Building Inspector on this matter. Motion: To send a letter to the Inspector of Buildings asking him if he believes that this parking lot conforms to the Zoning Bylaw, if is does not - why and if it is a temporary parking lot, when is it going to be finished. (Genatossio - Annino - All in favor) Joseph Zeneski also pointed out to the Board that when he was the Department of Public Works Director and he wanted to remove material from the fish and game area, he was told that a surplus removal permit would have to be obtained, he was also told that a site plan was needed. He would just like the Board to be aware of this fact, 12. Date of Next Meeting is Monday, May 5, 1986, at 7:00 P.M. 13. Meeting adjourned at 11:00 P.M. CLAK DATE