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
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