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HomeMy WebLinkAboutPlanning 06/18/1986PLANNING BOARD'S MINUTES JUNE 18, 1986 Present: Chairperson Flynn, Clerk Quinn Planners: Boldrighini, Genatossio, Lantz, Madan* Planning Director Callinan 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report Correspondence 047 gy Ir 0. il LW' Letter from James L. McIntyre, Attorney representing "Eastleigh Estates North and South" requesting an extension of the preliminary plans for an additional thirty days, moving the deadline to July 30, 1986. North Attleboro Planning Board Public Notice on "Heritage Glen" North Attleboro Planning Board Public Notice to rescind a previously approved gravel removal permit issued to Sam Cash and/or Franklin Corps. located easterly of the intersection of Paine Rd. and Rawson Rd. Town of Sharon Board of Appeals, Public Notice, variance at I Hampshire Avenue., Town of Sharon Board of Appeals, Public Notice, for variance at 179 Wolomolopoag St. Letter from The Broderick Corporation requesting partial release of performance bond for "Camelot at Mansfield Subdivision". Letter from the Executive Office of Environmental Affairs, Certificate of the Secretary of Environmental Affairs on the Environmental Notification Form, "Village at Mansfield Depot". To Richard J. Callinan from Joseph J. Campo regarding "Balcom Ridge" concerning depth of retention basins. Letter to Richard Callinan from Wallmark Corporation estimates to complete "Hallet Crossing I" prepared by Dunn Engineeering. Request for extension on "Homefield Farms" by Stanley Zola to July 11, 1986. Request for extension on "Plantation Estates" by Stanley Zola, to July 11, 19860 Request for extension on "Autumn Acres" by Stanley Zola, to July 11., 19869 Request for extension on "Oakland Place" by John E. Tigh, Sr. to August 1,, 19860 Planning Board's Minutes June 18, 1986 Page -2- Chairperson Flynn read a letter from Mr. Stanley Zola requesting an extension of "Sturbridge Estates" until July 11, 1986. Motion: To approve extension of "Sturbridge Estates" until July 11, 1986. (Madan - Boldrighini) All in favor. Mr. Zola is also requesting extention of "Pleasant Valley" until July 11, 1986. Motion: To approve extension of "Pleasant Valley" until July 11, 1986. (Quinn - Madan) All in favor, Motion: To approve extension of ' "Autumn Acres" until July 11, 1986. (Quinn - Madan) All in favor. Motion: To approve extension of "Plantation Estates" until July 11, 1986. (Quinn - Madan) All in favor. Motion.* To approve extension of "Homefield Farms" until July 11, 1986* (Quinn - Madan) All in favor, The Board held a discussion of the drainage problems at "Plantation Estates". Planner Boldrighini feels that the Town Engineer should address the problem of drainage in this area and when the Board has his report a decision can be made on whether or not a drainage study should be done. Planner Genatossio stated concerns with drainage for all of Mr. Zola's subdivisions draining into the East Street area. Planner Boldrighini mentioned that since most of the developments in this area are with one particular developer and that the Board should send a letter to the builder and his engineer just to let them know that the drainage is a concern of the Board, with a copy to Mr. Campo. Planning Director Callinan stated that he would send a letter to Mr. Zola, Mr. Post and possibly Mac Homes as well, Chairperson Flynn discussed the request for an extension of "Eastleigh North and South" made by Attorney McIntyre, to July 30, 1986. Motion: To approve extension of "Eastleigh North and South" to July 30, 19860 (Madan - Quinn) All in favor, Motion: To extend "Oakland Place" to August 1, 1986, requested by John Tighe. (Quinn - Boldrighini) All in favor. 3. Release of Covenant - "Hallet Crossing I" Walmark Corporation Clerk Quinn reads letter from Ed Marcheselli requesting an amount for bonding. Planning Director Callinan checked with the construction inspector as to whether the improvements have been made accordingly and was told they had been. They have submitted a Tri -Party Agreement which Planning Director Callinan has reviewed, Motion: To release covenant for "Hallet Crossing I". (Madan - Boldrighini) All in favor, -2- Planning Board's Minutes June 18, 1986 Page -3- Motion: To approve bond, tri -party agreement for $45,689.82. (Quinn - Madan) All in favor, 4. Partial release of Performance Bond "Camelot at Mansfield" - The Broderick Corporation Clerk Quinn mentioned he thought this had been turned down at the June 11, 1986 meeting. Chairperson Flynn stated that the vote was 3 to 3. Clerk Quinn feels it should be postponed until there is a full board as it could be a 3 to 3 vote again this week. Planning Director Callinan spoke with the Town Engineer regarding excavation of detention basins. Mr. Campo did not have a problem with this. Second, the Bond covers the detention basin for drainage as a separate line item. The Broderick Corporation is requesting 80% of Earth Excavation (Roadway, Sidewalks & Detention Pond). Chairperson Flynn stated that Mr. Campo stated that this is in accordance with his estimate of completion and he recommends release. Richard Callinan also recommends that it be released. Motion: To release $41,088.00 for "Camelot at Mansfield". (Boldrighini - Madan) All in favor. 5. 8:15 - Continuation of Public Hearing - "Balcolm Ridge Estates" Chairperson Flynn opened the Public Hearing at 8:15. Mr. Nicholas Harris and Mr. Frank Moricz were present at the Hearing. The deadline for "Balcom Ridge Estates" is June 27, 1986. Clerk Quinn notified Mr. Harris and Mr. Moricz that there are not four people available tonight to vote on this subdivision. Tape of this public hearing is on file in the Planning Department office (to be typed when time permits). Chairperson Flynn will keep the public hearing open until June 25, 19860 6. 8:30 P.M. - Discussion of "Witch Pond Estates II" Preliminary Plan Planning Director Callinan stated that Mr. Mike Stanton had asked to meet with the Board last week in regards to the fact that he has yet to receive written denial of this plan. He was told that the Foxboro Planning Board is opposed to the idea of providing normal means of access to this subdivision through Foxboro. Mr. Stanton was told of the Board's decision to deny based on the only means of access being only 1800+ feet away from South Street. Mr. Stanton asked to come in and discuss the plan more closely. Planning Director Callinan has spoken with Mr. Tim Higgins of the Foxboro Planning Board and feels at the very most, all they could allow would be an emergency access through to Foxboro. Mr. Zoppo does agree that having to go through Foxboro to reach this subdivision would definitely be an inconvenience to the Fire Department, Police Department, School Buses, etc. but it also puts him in a dilemna. Mr. Zoppo mentioned that he has spoken with Mr. Boro regarding his willingness to provide an access road to "Witch Pond Estates". Mr. Boro's . Sand and Stone Gravel business abuts a part of this subdivision. Mr. Zoppo stated that the major part of Mr. property is swamp and the dry land would be difficult to connect to the subdivision property. Mr. Zoppo also feels that -3- Planning Board's Minutes June 18, 1986 Page -4- the gravel operation will be there for several years and he would not want to bring prospective home buyers through there. According to a letter received from the Foxboro Planning Board, they are opposed to an access road to this subdivision being the only means of access into Mansfield. Chairperson Flynn stated that even if Foxboro did approve a secondary means of access, DEQE could step in and we would be right back at step one. Planner Boldrighini feels that if the Mansfield Board has no objections to this design, assuming Foxboro goes along with it, before anything is approved, the DEQE and Corps of Engineers should approve it. Planning Director Callinan stated that regulations and length of the roadway are issues here and feels Mr. Zoppo should show the Board how it is in the public interest to waive the length of the road. Mr. Zoppo stated that he knows there are rules and regulations to be followed and he is going to find a way to do this. Planner Genatossio explains that all of this evenings discussion was a courtesy to Mr. Zoppo as the Board has already voted to deny this preliminary plan. Planning Director Callinan said decision -s --.on Preliminary Plans have no legal standing. He asked Mr. Zoppo to please address those issues of primary concern to the Board, the road, length of access and the wetlands. Also, Planning Director Callinan feels that Mr. Zoppo should have something more definite from Foxboro. Clerk Quinn suggests that Mr. Zoppo should make arrangements to continue this discussion during the day with Planning Director Callinan. Mr. Zoppo agrees to this suggestion. 7. 8:45 P.M. - "Golden Hill Homes" - Drainage Inspection - Hugo DiMartino Planning Director Callinan stated that Mr. DiMartino has been hired by the owner of "Golden Hill Homes" to install the drainage system. This is near the Foxboro border, along Franklin Street. The work was conducted without the inspections. The Engineering Department stated that they were never notified of inspections. Planning Director Callinan met with Mr. DiMartino about two weeks ago and explained to him that the Town must inspect the system before recommendation of release of any portion of the bond. He came back later in the day and met with Al Andrews, Planning Director Callinan and the Town Engineer. They examined alternatives, such as spot checks. However, it was determined that would not be satisfactory. The result of the conversation was to uncover the pipe and have it re -inspected. Mr. DiMartino explained that he wanted to let the Board know his side of the story. He stated that he had told Planning Director Callinan when he was going to begin installation and also told Al Andrews so that he could be present when water line was installed. However, Mr. Andrews never showed up that day. Mr. DiMartino started the drain work. He feels there was a misunderstanding in communications. He was somewhat upset when he found out that the drain had to be dug up. Planning Director Callinan explained that no inspections are done verbally. There is a form which must be filled out before any Inspections are done. Planning Director Callinan stated Mr. DiMartino was afraid that word was going to reach the Board that things had been done which were not in accordance with Subdivision Rules and Regulations and Mr. DiMartino wanted to clear the air. Planner Genatossio asked if all the work has Planning Board's Minutes June 18, 1986 Page -5- been inspected. Planning Director Callinan explained that all the work has been done and inspected. Mr. DiMartino was told that he should have had a copy of Subdivision Rules and Regulations so that he would be aware of requirements before installing any type of drainage, etc. He was told that inspection requests musts be filled out before any work is to be done on any subdivision. (Planner Madan left the meeting at 9:15 P.M.) 8. Preliminary Plans "Highview Estates" Clerk Quinn read comments from Richard J. Callinan to the Planning Board. Chairperson Flynn would like to have comment #3 which reads: "Lots 1 through 5 and 11 through 13 should be excluded from subdivision approval unless their access is from the proposed street." changed to read "Lots 1 through 5 and 11 through 13 shall be excluded from the subdivision." Because they are just getting subdivision approval for Form "A" lots. Clerk Quinn moves to send a letter to the Applicant advising him of Planning Director Callinan's comments. Motion: To approve the "Highview Estates" Preliminary Plan with the condition that a letter be sent to the applicant listing Planning Director Callinan's comments. (Quinn - Boldrighini) All in favor. 9. "Form A" (ANR) Plans Foxfield Realty Trust - West Street The applicant of this "Form A" (ANR) Plan is Foxfield Realty Trust. This "Form A" Plan consists of a parcel of land on the northwesterly side of West St., bounded southwesterly by land of Foxfield Realty; northwesterly by Interstate Rte. 495; and easterly by land of Albert G. & Margaret M. Rose. The reason this plan does not constitute a subdivision is because there is adequate area and frontage on a public street* The checklist is complete with the exception of No. 8 which is not applicable. Motion: To approve this "Form A" plan for Foxfield Realty Trust. (Quinn - Genatossi I o) All in favor. Balcom Realty Corporation - Copeland Drive The applicant of this "Form A" (ANR) Plan is Balcom Realty Corp. This "Form A" Plan is located on the easterly side of Copeland Drive, bounded Westerly by Copeland Drive, Clemmey and New South Properties Realty Trust, Northerly by New South Properties Realty Trust, Easterly by Castelli, Bray, DeGirolamo and Grant and Southerly by Slayton and DeLong. The reason this plan does not constitute a subdivision is because there is adequate area and frontage on a public street. The checklist has a footnote to #3, Dimensional Requirements which reads: "Lot 1 is located along the overpass of Copeland Drive. This would effectively preclude the feasibility of any vehicular access along the proposed frontage to Lot 1. Therefore, I recommend the Board endorse the plan for Lot 2 only." This note was written by Planning Director Callinan. The rest Planning Board's Minutes June 18, 1986 Page -6- of the checklist is complete. Planner Genatossio stated that she would not sign a "Form A" plan with only one lot. Planning Director Callinan stated that he would like to review this further to be sure there is no other means of access to Lot 1. There is time to hold off on this "Form A" until next week. At this point, the Board held a discussion as to whether or not this plan had been signed by the Town Clerk* Planning Director Callinan stated he would look into this. 10. Around the Table Planner Genatossio mentioned that a couple of weeksago the Board looked at a subdivision plan in West Mansfield and discuss . ed looking into road abandonment for a large subdivision. Those roads have not been built. Maybe it is time to look into abandoning the roads. Planning Director Callinan stated that is cause for a public hearing under 81W. Chair- person Flynn stated that it should be looked into. The roads in question are located off Gilbert Street, Nick Harris' property. Planner Genatossio also raised a. question as to who owns the property at Bristol Arms, specifically Lot 2. 'Planning Director Callinan stated that Mr. Malcolm Post is the trustee for this lot. Planner Genatossio asked if something should be asked of Town Counsel to get this going. Motion: To send a letter to Jack Dwyer questioning about Lot 2 and the possible recision of the subdivision based on the ownership of Lot 2 and all entities involved. (Genatossio - Quinn) All in favor. Planner Genatossio stated that Planning Director Callinan could take care of the proper wording, being very specific. Planner Lantz stated a concern regarding public safety at the airport and wondered if it would be logical for the Planning Board to examine that area and submit to Town Meeting a "No -Build" Zone. His concern is that future building in that area, with the possibility of a plane crash, endangers homeowners. Chairperson Flynn stated that what would have to be done is to submit an Article to buy that land. Planning Director Callinan stated that in the case -of wetlands, many towns have established what is called "conservancy" districts which allow no permanent structures to be erected. It can be used for agricultural purposes. You have to allow for some use of the land. Chairperson Flynn mentioned that there is a need for a member of the Planning Board for SRPEDD. Generally the responsibility goes to the newest member of the Board - in this case Richard Lantz. They hold their meetings every Wednesday night in Taunton. Further discussion will be held at a future meeting. The question was raised as to whether an "At Large" member could attend these meetings. Planning Director Callinan spoke with Planners of Norton and Taunton regarding interviews for the housing study. The four applicants were, again, Connery Associates, IEP, On Site/Insight and Land Use of Amherst. The decision was made to go with Connery Associates out of Winchester. az Planning Board's Minutes June 18, 1986 Page -7- They are working with Rolf Goetze. He is a national expert on housing policy. That should be getting underway simultaneously with the Master Plan. The decision at this time for the Master Plan is to hire IEP. They are working with the Philip Henderson Group. Planning Director Callinan has investigated the possibility of hiring the Economic Research Associates rather than going with the Henderson Group. He has made several calls to various towns for references. Technically ERA is fine, but as far as response, they seem to be a little bit lacking. Henderson Group is a small group that can address the needs of the community whereas ERA is a national group. As far as IEP, reports coming in have been nothing but favorable. The problem is that as we near the end of the fiscal year, .the monies for the Master Plan must be encumbered so the sooner a meeting is arranged with the consultants the better it will be. IEP and Henderson Group will be working with Connery Associates addressing both the Master Plan and the housing study. Possibly arrange to start the meeting for next week a little earlier to meet with the Planning Board and the Board of Selectmen. Chairperson Flynn wants the Selectmen invited immediately so they are aware that IEP and the Henderson Group will be coming in for a joint discussion next week. 11. Public Discussion Joseph Zeneski - Why can't special legal counsel be used in conjunction with the Malcom Post issue because it was used when the Planning Board was considering the special permit for Foxboro Terminal. Clerk Quinn explained that there are two accounts, Town Counsel Fee and Town Counsel Expense. Town Counsel Fee is basically the estimated fee which Dwyer will receive on a monthly basis. Town Counsel Expense is for the use of an attorney where you need to go through Town Manager. Mr. Zeneski stated his question deals with when Mr. Gelerman, who served as Planning Board's counsel during these special hearings on Foxboro Terminals came in. Why can't this be done again with the Bristol Arms issue? He feels the Planning Board should request counsel again because of the technical questions and ownership of lots at Bristol Arms. Scott Leite should also be made aware of the lot problems because the Board of Health should be forwarding septic system designs to DEQE. Clerk Quinn explained that Town Counsel is hired by the Selectmen. However, Town Manager, acting as pursing agent, gives contracts to consulting counsel. Planner Boldrigh i1ni does not feel the Board needs special counsel at this time. Planning Director Callinan mentioned to the Board that there is an Incentive Aid Program which allows for funding for Administrative Positions. He intends to submit a grant in July for an assistant. The purpose of that is to have the assistant deal with regulatory subdivision, etc. and the Planning Director would deal specifically with the Master Plan. They would each work together. (Refer to Page 8, Amendment approved at 8/6/86 meeting.) 12. Adjournment Meeting adjourned at 10:00 P.M. All CLERK Planning Board's Minutes June 18, 1986 Page -8- The following amendment was made to the minutes of June 18, 1986, and approved by the Board, at the August 6, 1986 meeting, Referring to discussion by Planning Director Callinan regarding an administrative position, having an assistant, Planner Genatossio stated she is not in favor of this grant application because it would take away the power of funding from Town Meeting and could result in a new position that may not be necessary in the future.