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HomeMy WebLinkAboutPlanning 05/07/1986PLANNING BOARD'S MINUTES MAY 71 1986 Present: Chairperson Flynn, Clerk Quinn Planners: Genatossio, Boldrighini, Madan and Annino Planning Director Callinan 1. Meeting called to order at 7:30 P.M. 2. Edward Broderick - Discussion of PlannedResidentialDevelopment Article Edward Broderick approached the Board and stated that he would like to thank the Board for allowing him to speak when he was not formally placed on the agenda. He would like to get a general consensus of the Board on how they feel about the reconsideration of Article 50 - Planned Residential Develop- ments at the next session of the Annual Town Meeting. He stated that he would make amendments to this article if it should be reconsidered. He would state make an amendment that states the -minimum number of acres on which a proposal such as this could be developed; he would also make an amendment which states the minimum lot size with a minimum amount of front- age; and a statement about the amount of buildable area would be placed in the Bylaw. He stated that he would like the Board to feel comfortable with this proposal before he proceeds further with it. Planner Genatossio stated that these amendments should have been brought up at the public hearing and should not be put on the floor at the Town Meeting because she does not feel that this is fair to the people who are voting on this amendment. Clerk Quinn pointed out that the Planning Board's vote has changed from the original vote subject to the discussion which occured at the meeting held prior to the Annual Town Meeting on Monday, May 5, 1986; the vote changed from a positive recommendation to a negative recommendation due to the fact that the Board re- ceived a determination from Town Counsel stating that a one-year limit could not be placed on this zoning article. Motion: To reconsider the Planning Board's vote for the recommendation on Article 50 - Planned Residential Development. (Quinn - Genatossio - SECONDED FOR DISCUSSION) Planner Annino stated that his concern is the fact that Edward Broderick made an amendment to this article which, in effect, would not limit the num- ber of bedrooms allowed to the square footage of the lot and he is very worried about this because this development is in the water protection dis- trict. Mr. Broderick stated that the reason he made this amendment is because it would be difficult to sell a house with less than four (4) bed- rooms; he is planning to have detached four-bedroom single family homes in this development. Planning Director Callinan stated that the Board should Planning Board's Minutes May 7, 1986 Page 2 4 consider the effects of a conventional subdivision being placed in this area versus the advantages of having a cluster development being placed in this area. He stated with the Special Permit procedure, which these developments would fall under, certain items can be addressed that cannot be addressed in a conventional subdivision. Chairperson Flynn stated that she feels this type of proposal would be best addressed in a Master Plan even though Planning Director Callinan informed her that the Master Plan cannot be site-specific and cannot tell which areas should be pro- posed for this type of development. Clerk Quinn stated that he has changed his original vote on this proposal because although it appears like a good idea on the surface, he is worried about the accuracy of Spe- cial Permit provisions that would be drawn up for this type of proposal and he would not want something approved that the Town does not have total control over. Mr. Broderick stated that he appreciates the Board's time and he now has an idea of the Board's position on this matter. FINAL VOTE FOR RECONSIDERATION OF THE BOARD'S RECOMMENDATION: (Planners Madan and Boldrighini in favor or reconsideration) (Genatossio - Flynn - Quinn - Annino opposed to reconsideration) FAILS 3. 8:00 P.M. - Continuation of Public Hearing - "Massapoag Estates" - 99 lots off Maple Street The public hearing continuation for the "Massapoag Estates" Definitive Sub- division plan began at 8:00 P.M.. At 9:00 P.M..,, the hearing was again con- tinued until Wednesday, May 14, 1986, at 8:00 P.M. A copy of the transcript is available in the Planning Department office. The following people spoke at this public hearing: Paul J. Folkman - Applicant Ralph I. Maloon - Engineer Joseph Zeneski - 842 East Street, Mansfield The Planning Board would like a memorandum sent to the Town Engineer requesting him to attend the Planning Board's meeting on Tuesday, May 13, 1986, to dis- cuss his concerns for the "Massapoag Estates" definitive subdivision plan. A coppy of this letter will be sent to the Town Manager. The meeting is to be held at 7:00 P.M. 4. 11 Discuss a preliminary plan located off of North Main Street - Paul J. Folkman Paul J. Folkman, applicant, stated that he is coming before the Board this evening in order to briefly outline what he is planning to do with this land which is located off of North Main Street and consists of approximately seven (7) acres and is zoned for Residence C which allows multi -family dwellings. This is a rather simple subdivision consisting of three lots. The owners of the land are going to retain their homes which are the corner lots of the proposed 'subdivision. The house shown in the middle of the proposed roadway is going to be removed. He stated that this subdivision will be back before the Planning Board and the Zoning Board of Appeals for a Special Permit be- cause he is proposing condominiums in this area which is allowed under the Zoning Bylaw. He stated that he has obtained the services of approximately Planning Board's Minutes May 7, 1986 Page 3 a five or six individuals to work with him on this project; he outlined the individuals for the Planning Board members. He stated that there are approximately 64 units proposed on this property. He stated that he has had a meeting with the people in this area and will be doing so throughout the entire process in order to keep them updated on this matter. The next step is to conduct a traffic survey and to have de- tailed landscaping plans drafted. He stated that there is sewer in this area and he has written a letter to the Town Manager asking if there was capacity in this area to handle this type of development. The Town Manager informed Mr. Folkman that there would be no problem with this proposal., but a'lift station will have to be constructed in accordance with the specifications and the Home Owner's Association will own this lift station. He stated that there will be underground parking and above ground parking on this site. He stated that the road- way would be owned by the Town and the private roadways would be owned by the Home Owner's Association. Chairperson Flynn would like to know how long it will be before Mr. Folkman is ready to go to the Zoning Board of Appeals to get a Special Permit and Mr. Folkman replied that he should be ready to obtain the Special Permit immediately following the definitive stage of this subdivision. He again pointed out to the Board that this is in the rough stages and much work still has to be conducted on the site before they are ready to go for the Special Permit. Planner Genatossio stated that this use is allowed in this particular area and she feels that it is good that Mr. Folkman has approached the Planning Board and the neighbors with this matter in the manner he did. She had a question on the open area and stated that 40% is supposed to be open area; she would like to know if this includes parking and road- ways. Mr. Folkman stated that he believes the 40% is strictly open area, no parking or roadways included in this area. Mr. Folkman thanked the Board for their time and stated that he will keep them informed of this matter as it progresses. 5. Connie Pietrafetta, Ronald Buck et al - Discussion on Edgewood Condominiums Connie Pietrafetta stated that she would like to have Andrew Barr speak for the residents in this area. Andrew Barr approached the Board and stated that the neighbors in this area are concerned with the culvert that is placed across the roadway for the Edgewood Condominiums. He would like to know if there is a change in this culvert, as he has been told there would be, does the applicant have to come before the Board to obtain permission to conduct this change. Chairperson Flynn informed Mr. Barr that if this is an approved subdivision and there is any signif- icant change to the subdivision, another public hearing has to be held by the Planning Board to approve this change. Planning Director Callinan informed the Board that he has reviewed this file as well as the Zoning Board of Appeals file and has found that there was a performance bond which was renewed yearly for this site. However, he spoke to the bank that was holding the performance bond and was informed that it is no longer in affect, therefore, there is no performance bond on this site. He stated that the Planning Board can rescind or modify this plan as per the Subdivision Control Law and may be able to have this subdivision con- form to the present Subdivision Rules and Regulations of the Town because the plan has failed to conform to the Subdivision Rules and Regulations from when the plan was approved. Planner Boldrighini would like to know Planning Board's Minutes May 7, 1986 Page 4 what the problem is in this particular area and Planning Director Callinan stated that the drainage is not working properly. After considerable dis- cussion, the Planning Board decided to hold a hearing to rescind this sub- division or modify this subdivision and to also notify the Building Inspector and request him to issue a cease and desist on this project. Planning Director Callinan stated that he would like to speak with Town Counsel on this matter because he is concerned about how the existing occupancy permits would be affected by this matter, he will also speak with the Building Inspector on -this matter. Motion: To hold a public hearing to modify of rescind the Elmwood Park subdivision and to notify the Building Inspector and request him to issue a cease and desist on this project pending a full review of the subdivision at this public hearing. (Quinn - Genatossio - All in favor) 6. Discuss the "Subdivision of Land off Mill Street" preliminary plan Clerk Quinn stated that the Board has received no response back from the Town Engineer on this subdivision plan, but he did read the comments from the Planning Director on this subdivision. Planning Director Callinan stated that since there is no drainage calculations on the plan, the Town Engineer cannot really give any definite comments on this plan, but he believes that due to the size of the development and the conditions of the development the Engineer would want to have leaching pits constructed in this subdivision. Charles Woodard stated that if the Town Engineer wants retention or detention areas in this subdivision, there may be a problem because of the lots being only of minimum size requirements. He also stated that they have conducted perc tests on this site and they were all under two minutes per inch and they have gone down 12 feet and have not hit the water table. Planning Director Callinan stated that the Board can get further feedback on the drainage when the definitive plan is submitted, but he feels that the leaching pits would be the best avenue to go with this plan. He also stated that the applicants feel more com- fortable with the leaching pits; he stated that if the Board approves this plan with the leaching pits, it has not legal binding on the Board's deci- sion on the plan at the definitive stage. Planner Genatossio would like to know if the Board can approved the plan and state that the drainage system has been recommended to be leaching pits, however, in the definitive stage, the Town Engineer will have to give recommendations on the final drainage and whether the system will work properly. Planning Director Calli- nan stated that the items in his memorandum to the Planning Board on this subdivision should also be addressed at the definitive stage. He also stated that he would like to investigate whether any accesses to adjoining parcels would be desirable. Chairperson Flynn stated that on the definitive subdivi- sion plan, the well sites in proximity of this subdivision would have to be shown. The applicant stated that this is not a problem. Motion: To approve the preliminary plan for a "Subdivision of Land off Mill Street" subject to the comments from the Planning Director being addressed at the definitive stage and the fact that the final drainage must be reviewed by the Town Engineer. (Boldrighini - Quinn - All in favor) Planning Board's Minutes May 7, 1986 Page 5 6. Discuss the Comprehensive/Master Plan Planning Director Callinan stated that the last time that the Board discussed this matter was with the Board of Selectmen and, at that time, it was decided that a breakdown of exactly what was being done was needed. Planning Director Callinan reviewed the 1958 and the'1970 Master Plans and compared what he had proposed in his outline to what was accomplished in the 1958 and 1970 Master Plans and also to two (2) other Towns who have completed updates to their Master Plans. All the itmes and activites which he explained in his outline will be compar- able to the items in these Master Plans. In 1960, the Master Plan cost $50,000, HUD granted the Town $25,000 for this plan and the Town matched these funds, it took 24 months to complete. In 1972, the Master Plan was updated and this cost $26,000, most of the funding which came from the Town and it took 18-24 months to complete. He pre- sented the Board with a list of the scope of services that he is pro- posing; he is proposing that an open space plan be accomplished, a market analysis be accomplished as to what is likely to be developed and what the rate of development is going to be, and also the existing land use and traits would be outlined. The second phase of this plan would in- volve an inventory of what the Town has at the present time. Planner Annino would like to know if the plan will address the Town wells and the capacity of these wells and Planning Director Callinan informed him that it would address these issues. Planner Annino, would also like to know if items such as the Town Hall facilities and the Police facilities would be addressed. Planning Director Callinan stated that this will be addressed and this activity will also be shared with SRPEDD. He stated that he would like the consultant to be involved in the implementation phase of this plan rather than just the data phase of this plan because a lot of information that the Town presently has can be used by the con- sultant which will cut down on the time and cost necessary to complete this update. He stated that Phase 1 will address the present land use regulations. Planner Genatossio had a concern about the type housing in certain areas and the land use in these areas. Planning Director Calli- nan stated that that element would come under the housing study portion of this proposal. It would deal with the build out requirement - what land is vacant and what land is underused; it will also address the im- pacts on traffic, schools, sewer, water service, tax base, etc. This will tie into what the community's goals and objectives are for the Town. Clerk Quinn would like to know if this is the vehicle the Board would use for a moratorium. Planning Director Callinan stated that a moratorium would fall under the implementation process of the plan. He stated that phase 3 involves at least six (6) public hearings and much public input, he also stated that Town Meeting is a very good place to obtain input on this plan. Clerk Quinn stated that he believes that the final project can be written by the Board and voted on by the Board, but any zoning changes that are needed would have to go to the Town Meeting. He also stated that the implementation of the plan lies with the Board of Select- men. Planning Director Callinan stated that this is true to a certain degree, but it is beyond just the Selectmen's control or the Planning Board's control; all Town boards and committees have to be involved in the implementation of this plan because it is a combination of things that Planning Board's Minutes May 7, 1986 Page e 6 1 make the plan work correctly. Planner Boldrighini would like to know if the housing study is going to be accomplished by utilizing the grant money from the EOCD and working with Norton and Taunton, then SRPEDD gets involved and their services are free, then comes the community plan which is basically the Master Plan; he would like to know if Requests for Proposals have been sent out yet. Planning Director Callinan stated that they have been sent out yet. Planner Boldrighini stated that the next step would be the open space plan which is part of the community plan. Planning Director Callinan stated that this is true and the the $1,000 grant for the open space will be used which was awarded last year to the Town by the EOCD and in the request for proposal the items also include a requirement for open space assessment and capital improvements. He has already received proposals back from several consultants and the major- ity of the proposals state that the costs would be approximately $25,000. He also stated that the scope of services is going to be refined further in the future because the plan will focus in on what the major problems in the Town are and how to address these problems, it will also point out what grant programs the Town can apply for in the future -and, therefore, will be an on-going project. Planner Boldrighini stated that the Town is not going to get what they are expecting out of a Master Plan if they only spend $25,000 on it to get it completed; he also stated that in order to obtain all the facts a lot of the work will have to be conducted by sub- committees in the Town. Planning Director Callinan pointed out to the Board that part of the scope of services is the fact that the consultant will have to present this plan and all the background information that was used to arrive at the facts stated in the Master Plan., this will have to be done at the public hearings as well as the Town Meeting. The Board discussed the fact that if certain questions were not asked to the consultant, then the plan will not contain the answers that the Town is looking for to their pro- blems. Therefore, it was the consensus of the Board that each committee and board had to write down what they wanted to see addressed in a Master Plan, the particular problems that they feel should be addressed in a Master Plan. Planning Director Callinan stated that he is currently considering three (3) consultants for this position (IEP, On -Site Insight and Tobey-Meader) and that the Board may wish to interview these consultants before they are hired by the Town. Planning Director Callinan also stated that he would like to stress that the housing study is a component of the Master Plan, it is not a separate study and he stresses the need to integrate the housing study with the Master Plan. Planner Boldrighini stated that the only problem he had with this was that $40,000 was going to be used for a housing study. Planning Director Callinan stated that the housing study is a joint project with Norton and Taunton and the Town is not putting any money into this housing study. Planner Genatossio would like to know how the Town is going about the Master Plan Committee. Planning Director Callinan stated that this committee is comprised of approximately 15 members, members from various boards and commi- ttees and four citizen -at -large members. Planner Boldrighini stated that the minutes of these meetings should be forwarded to the Planning Board in order that they will know what is going on at all times to make sure that the Board's problems and concerns are being addressed. It was also pointed out that the money for a secretary would have to be appropriated and also money for additional expenses, there was a concern if this would have to be Planning Board's Minutes May 7, 1986 Page 7 Xt drafted for the Town Meeting which is to be held on Monday, May 12, 1986, in order that the appropriate funds can be voted upon. Planning Director Callinan stated that he will work on a proposal for this appropriation. Planner Genatossio would like to know if the Board can review the requests for proposals at the Board's meeting next week. Planning Director Callinan stated that he will arrange it. It was the consensus of the Board that they were in favor of this proposal. 7. Around the Table The Board asked if they had received a response back yet from either the Building Inspector or the Town Manager on the removal of material from the fish and game area as they have requested. Planning Director Callinan stated that a written response has not been received as yet, but it is his belief and also the Building Inspector's belief that municipalities are exempt from the provision of obtaining a permit for this removal of material. Planner Genatossio would like to know, if this is surplus material, where the plan is because she has a concern because this is in the Water Supply Protection District and in close proximity to the Town wells. She feels that the Town should follow the correct procedure as stated in the Zoning Bylaw. She feels that the Board should get a ruling by Town Counsel on the matter of the Town being exempt from such a provision since they cannot obtain an answer from the Town Manager or the Building Inspector. Planner Boldrighini disagreed with this because it is the Town's property that the material is being removed from and it is the Town's property that the mate- rial is being used for. Planner Madan was also opposed to this because it is Town land, it abuts the Highway Department, and the material is being used for Town projects such as the covering of the landfill. Planner Genatossio stated that she would still like a determination from Town Counsel and if he states that the Town is exempt, the matter can be left alone. Motion: To send a letter to Town Counsel questioning the removal of material from the rod and gun area for the Town land- fill. Explain to Town Counsel the fact that the Board has written to the Town Manager and the Building Inspector and has received no written response from either individual. Also ask him, in this letter, if there will be a problem with enforcing this regulations should a private developer come before the Board in the future. (Genatossio - Quinn - All in favor) Chairperson Flynn would like to know if the meeting with the Easton Planning and Zoning Board is next week. Planning Director Callinan informed her that it is to be held next Thursday, May 15, 1986. Chairperson Flynn requested that the Planning Director write to the Soil Conservation Service and ask them for new books and maps for the Planning Board. Planning Director Callinan stated that he will take care of this matter. Chairperson Flynn would like to know if the Board has received a response from the Building Inspector on the letter regarding the Rumford Avenue con- dominiums. ondominiums. Planning Director Callinan informed her that a letter has not been received. Chairperson Flynn stated that she will call the Building Inspector and talk to him personally. Planning Board's Minutes May 7, 1986 iPage 8 8. Public Discussion No comments at this time. 9. Date of Next Meeting is Monday, May 12, 1986, at 7:00 P.M. at the High School. 10. Meeting adjourned at 11:45 P.M. CL&K DATE