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HomeMy WebLinkAboutPlanning 05/29/1986PLANNING BOARD'S 19 JUL MINUTES MAY 28, 1986 TO Present: Chariperson Flynn, Clerk Quinn Planners: Genatossio, Boldrighini, Madan, Annino and Lantz Planning Director Callinan 1. Meeting called to order at 7:30 P.M. 2. Shiloh Estates Subdivision Plan. Plan signed by all members. Mr. Philip Beatty took the signed plan. 3. Hidden Estates Subdivision Plan. Plan signed by all members. Discussion ensued concerning the time of the plan's approval (August 1985). mHooffiffiffiR Planning Director Callinan stated that SRPEDD was going to update base maps Chairperson Flynn asked if the Selectmen were going to give twenty (20) hours. Planning Director Callinan said that the Selectmen are looking into downtown parking, but he felt that twenty hours was not enough. Planner Genatossio asked if the 1983 downtown plan addressed parking. Chairperson Flynn suggested the 1983 plan be brought out and that SRPEDD use the twenty hours for the Master Plan. It is her understanding that the Board is in favor of this work. 5. Balcom Ridge Estates.. Planning Director Callinan stated the he, Chairperson Flynn, Al Andrews and the Engineer, Frank Moricz, had visited the site on Wednesday morning, May 28, 1986. He noted there were two retention areas, a trail system and then a thickly wooded area. Drainage on Lot 28 was discussed; Mr. Andrews would be satisfied if the drainage easement on Lot 28 is relocated along the proposed streets. The slopes within the -proposed retention area are 3 to 1, covered with vegetation. Two and one-half to three inches of washstone at a depth of one foot is recommended for the bottom of the retention areas. Frank Moricz approached the Board and said that they had done everything they were asked to do, but that the Town Engineer had not had time to review it as yet. Bill Lewis addressed the Board and stated that a stream runs behind his property and voiced concern as to how many drains will be emptying into that area. Planner Genatossio asked if he was referring to an overflow and Mr. Lewis replied affirmatively. Mr. Harris addressed the Board and said that he had walked the property and had never seen a stream, any drainage, or any inden- tations from run-offs. Frank Moricz stated that the land had perced for two to three minutes and that two catch basins were installed every three hundred (300') feet. Chairperson Flynn said she would like to see the report of the Planning Board's Minutes May 28, 1986 Page 2 environmental scientist, Charles Cardusio. Planner Genatossio asked if the Soil Conservation Committee has look into this. Planning Director Callinan said that they had not. Mr. Lewis expressed concern about dirt getting into the bottom of the basins and what would result from this in years to come. Chairperson Flynn stated that the town cleans them. Planner Genatossio asked if the catch basins were enlarged and if gravel was put at the bottom. Frank Moricz replied affirmatively. Mrs. Nealy in the audience expressed concern about traffic in that area. Pat Gagnon of Planting Field Road voiced concern regarding the lack of sidewalks in that area and asked if any consideration had been given to the fact that the Town Engineers are not monitoring. Chairperson Flynn noted that the Town DPW does not have the time, funds, or personnel to monitor everything. Planner Genatossio suggested to Pat Gagnon that she bring her concerns to the Board of Selectment. Chairperson Flynn said that there is a twenty (20) day period in which a decision may be appealed in Court. Clerk Quinn asked if there was any contiguous building possible and if this was being planned. Mr. Harris said it was his intention to purchase an adjoining town - owned parcel to connect two parcels of land that he owns. However, Town Meeting this past May voted not to sell the land and therefore cannot expand any further. He stated the only change made was the slope. Clerk Quinn read a memo from the Town Engineer dated May 9, 1986 regarding the water main, Motion: To continue until Wednesday, June 11, 1986. (Madan - Annino - All if favor) 6. Form A Plan - West Street - Broderick Corporation. Clerk Quinn read the description. Planner Boldrighini noted that the plan and description did not agree. Chairperson Flynn noted that Pamela Bennoch is an abutter and also suggested the Town Clerk should be notified of the reason for denying. Motion: To deny because abutters not listed properly, (Boldrighini - Madan - All in favor) 7. West View Woods - Broderick Corporation. Partial release of $11,723.00 bond, Planner Genatossio asked whether the Engineering Department had been contacted. Planning Director Callinan stated that it had been two weeks since they were notified with no response as yet. Chairperson Flynn inquired about the Riverside Drive Extenstion. Planning Director Callinan replied it was the same thing. Attleborough Savings Bank has a balance of $20,000 - we say $19,000+. 8. Cowan Meadows. Planning Director Callinan brought two items to the attention of the Board: (1) the distance from the road to the existing home,, and (2) how far center lines are from proposed road and Plain Street. Chairperson Flynn asked whether 'Planning Board's Minutes May 28, 1986 Page 3 the Board could ask them to loop the road to the adjoining Chambers Court development. Planner Genatossio asked if Chambers Court is as yet built or sold. Planning Director Callinan replied yes, but there is a bond. Clerk Quinn asked if the engineer could come in and address the Board. Chairperson Flynn asked how long the Board had for a preliminary, to which Planning Director Callinan responded, sixty (60) days. Motion: To disapprove based on the setback violations to be caused by the construction of the,proposed street. (Boldrighini - Annino - All in favor) 9. Gourdin Estates. Mr. Curtis addressed the Board explaining that the eighteen (18) proposed lots are located off Mill Street, approximately one-half mile from the Norton line. Upon viewing the plan, Planner Genatossio informed Mr. Curtis that he was making himself a nonconforming lot. Planning Director Callinan responded that that cannot be done. Mrs. Curtis asked., if the deeds were writeen and bounded in the past, if they could be "grandfathered" in. Planning Director Callinan stated that this would be a variance situation and would require action from the Zoning Board. He inquired as to the size of the lots along Mill Street and if they were all owned under the same name. Mrs. Curtis stated that they were all under the same name and were 65 x 200 and 75 x 300. Clerk Quinn suggested that Mr. & Mrs. Curtis come in during the day to speak to Planning Director Callinan. Planner Genatossio asked if there were one or two roadways and if there were any identifying stone walls or fences. Planning Director Callinan said that there would be one roadway, that plans in the past have allowed this configuration, and suggested that the plan should be drawn by a land surveyer. He noted that the deadline is the 31st of May. Chairperson Flynn suggested they refer to pages 7 and 8 of the subdivision regulations as a guideline. Mrs. Curtis asked if there was a specific period of time in which they must reapply and then wait another sixty (60) days. Planning Director Callinan answered that it would not be a two month wait, probably thirty (30) days. Motion: To disapprove Gourdin Estates Plan based on its lack of informational content as required by subdivision rules and regulations. (Quinn - Annino - All in favor) 10. Witch Pond. Planning Director Callinan reported that he had spoken to Mr. Timothy Higgins, Planning Administrator of Foxboro, in regards to a secondary means of access to the development through Foxboro. It was reported that Mr. Higgins stated that the Foxboro Planning Board would probably not be opposed provided that in so allowing it, the State DEQE would not then require the applicant to abandon the proposed street connecting into Mansfield. The street, as proposed, would require a waiver for its length. 'Planning Board's Minutes May 28, 1986 Page 4 11. Field Brook Subdivision. Chairperson Flynn asked the Board to reconsider it's denial of the Field Brook Subdivision plan. Mr. Andrews addressed the Board and said that he thought the reason for denial could not hold up in litigation. He stated that prior to any building he will submit the necessary forms to the FAA. Planner Boldrighini said he would like to see the FAA flight path requirements. Planner Genatossio asked if this wasn't the building inspector's jurisdiction. Mr. Andrews replied that it was. He pointed out that the clear zone is two hundred (200') feet from its center line for a total of four hundred (400') feet and that if the airport purchases the land, they will extend that to three hundred twenty-five (325') feet from the center line. Planner Boldrighini asked what is the planned expan- sion of the clear zone. Mr. Andrews replied that eventually they want three hundred twenty-five feet (325') at the widest point, two hundred fifty feet (250') at the narrowest point. Mr. Andrews further stated that the average house is twenty-five feet (25') and all will be within limit. Planner Annino asked Mr. Andrews why he had not submitted the necessary form yet. Mr. Andrews replied that he has not received subdivision approval as yet. Mr. Andrews asked how the appeals period would be affected, and the Planning Director Callinan responded by stating that the appeals period is still on, FINAL VOTE FOR RECONSIDERATION OF BOARD'S RECOMMENDATION: (Planners Quinn and Madan opposed to reconsideration) (Planners Flynn, Genatossio, Annino and Lantz in favor of reconsideration) 12. Stearns Hill Estates. Planner Genatossio pointed out that there is only one access way in. Planning Director Callinan pointed out this exact plan was submitted in November, 1985 which was denied by the Board due to the lack of access to the proposed develop- ment. Since then, efforts have been made between various developers within the Route 106/Stearns Avenue area to modify their respective plans to improve access. Motion: To disapprove due to the lack of access to the proposed development. (Annino - Madan - All in favor) 13. Massapoag Estates, Chairperson Flynn introduced Mr. Andy Barr who asked the Board to reconsider their vote on Massapoag Estates because of the following points: lack of detailed drainage plan; Maple Street cannot handle the traffic; town should not have to rebuild a road just, so that a development can go in; police and fire departments are overtaxed; and town should consider public safety, or lack of it. Planner Boldrighini asked if Mr. Barr was asking for a moratorium on building. Chairperson Flynn stated to the other members that the point is the Board approved of that subdivision before and would now require another public hearing to disapprove. Planner Boldrighini asked what input the Planning Board had in the first place. Chairperson Flynn responded that a plan was submitted, the Planning Board look at it; the Town Engineer reviewed it. Planner Genatossio pointed out that disapproval of a plan does not mean that it is dead. It can be appealed in Court. From the audience, Paul J. Folkman, the APlanning Board's Minutes May 28, 1986 Page 5 applicant, stated to the Board that it is his intention to come back to the Planning Board with all the necessary changes. He stated that what Mr. Campo says probably carried the most weight. He said the plan of leaching basins has approval. Andy Barr asked who repairs damaged roads such as Balcom Street, the Town or the developer. Chairperson Flynn replied that it cannot be proven that the developer caused the damage. Planning Director Callinan stated that Chapter 90 money can be used for any public street. Chairperson Flynn suggested that an Article should besubmittedto the Town Meeting. Clerk Quinn made a motion for reconsideration under Section 81W. No seconding of his motion occurred. (Chairperson Flynn left the meeting at this time.) 14. Around the Table. Planner Boldrighini asked how many lots had been approved since 1985 and how it can be stopped. Clerk Quinn said introducing a moratorium at Town Meeting would be one answer. Planner Genatossio suggested that the Board of Selectmen be approached regarding fire, police and schools handling the growth in the town. Planner Boldrighini suggested having a meeting with the Selectmen. Planning Director Calinan stated that even in a moratorium there have to be certain exceptions; there would have to be a public hearing under Section 5; it would require a two-thirds vote at a special town meeting; and finally, it would go to the Attorney General. Planner Lantz asked if a moratorium would prevent our children from building in the future. Planning Director Callinan stated that this was one of the exceptions he earlier pointed out and it would depend on how the moratorium was written. Planner Genatossio asked if there would be a time limit on a moratorium, Planning Director Callinan stated that there would be a time limit. He further stated that s weries of public meetings should be held to inform the public, prior to a Town Meeting. Clerk Quinn stated that the whole process would be taken out of the hands of the seven members of the Planning Board and given over to the Town Meeting. Planner Madan inquired as to the number of committee members of the Master Plan Advisory Committee. Planning Director Callinan stated the committee consisted of one member from each of the following: Finance Committee, Board of Health, Zoning Board of Appeals, Selectmen, Planning Board, Housing Authority, Council on Aging, Conservation Committee, Industrial and Development Committee, an ex -officio member from the airport, and six citizens -at -large. Planner Genatossio requested a list of names of all committee members and asked if the airport had been notified of the ex -officio member. She stated that she is dissatis- fied with how this is set up. Planning Director Callinan reported that he planned to meet with three consultant firms and requested a list of concerns from each Board member before his meetings with IEP, Tobey-Meader, and On -Site Insight. Planning Director Callinan also asked the Board to comment on an outline of the Master Plan Advisory Committee he had distributed earlier in the evening. Motion: That a final draft of the report be jointly issued by the Planning Board and the Board of Selectmen. (Madan - Annino) (Planner Genatossio opposed) Planning Board's Minutes May 28, 1986 Page 6 15. Camelot Estates. Planning Director Callinan reported that he and Al Andrews had visited the site and some pipes had been taken up. Al Andrews might require them to unearth the drainage system. Planner Genatossio asked when this might take place. Planning Director Callinan said they were holding up release of the bond. Probably two weeks. Al Andrews will reinspect all sections. Planner Genatossio asked if the drainage was fruther down than originally planned and asked that Al Andrews write a letter saying this has taken place. Clerk Quinn stated that a request should be put in to attend the Executive Session of the Board of Selectmen next week. Planning Director Callinan pointed out that you have to have one of seven reasons to go to the Executive Session. Planner Genatossio suggested going to the Board of Appeals instead of the Selectmen. She asked how many decisions differ from the Building Inspector and asked if Board members could have a list of the differing decisions, 16. Public Discussion. Richard Gordon of 407 West Street stated that the Town Charter does not give the Board of Selectmen the right ao appoint an advisory committee similar to that proposed for the Master Plan. Planner Quinn replied that he believed it did. Amelia Phillips of 25 Hope Street expressed concern for the one hundred and fifty (150) units going in near Francis Street. She stated that she is not an abutter, but because she lives only two houses from an abutter, she thinks she should be notified on meetings. She asked if the term "berm" could be explained in the Planning Board's recommendation to the Zoning Board of Appeals. Planner Boldrighini responded that a "berm" is a mound of dirt approximately five, to six feet in height, used as a buffer for noise. Amelia Phillips inquired as to whether a fence would be constructed to prevent cut- ting through the existing yards. Planner Madan stated that a recommendation had been made to entirely fence the area. Clerk Quinn stated that the Zoning Board takes on all authority. Amelia Philips asked if it would be binding if a fence were shown on the plan. Planner Genatossio replied that it would be binding, if it appeared on the plan. Amelia Phillips expressed concern for water and traffic problems and asked if she could obtain a list of the truck- ing companies whose trucks would be using Hope Street. Planning Director Callinan stated that the traffic situation needs more study. Joseph Zeneski of 842 East Street spoke regarding the adequacy of the present wells to meet the needs of the community's growth. He noted the loss of the two Albertini wells and pointed out that a well can only be pumped for sixteen hours a day and that last summer 2.7 - 2.8 million gallons of water were being pumped per day, Planning Board's Minutes May 28, 1986 Page 7 17. Variances. Frederick & Ginny Laphan - addition to 31 Morrow Street. Positive recommen- dation. Planner Quinn refrained from voting because he is an abutter, D'Ambra. Residence C special permit - positive recommendation. 670 Ware Street - no recommendation. 18. Date of next meeting is Wednesday, June 4. 1986 at 7:30 P.M. 19. Meeting adjourned at 11:15 P.M. Clerk. . . . . ........... Date