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HomeMy WebLinkAboutPlanning 07/02/19860 44' Present: Chairperson Flynn, Clerk Quinn Planners: Annino, Boldrighini, Genatossio, Lantz, Madan Planning Director Callinan 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report Correspondence Memo read from Joseph J. Campo to Planning Director Callinan regarding "Golden Hills Homes". Letter to Philip Grefe regarding "Erick Road" continuation of public hearing (referencing conversation of 6/25/86) from Richard J. Callinan, Letter from The Broderick Corporation requesting Partial Release of Performance Bond for "Westview Woods" Subdivision. Memo from Joseph J. Campo, Town Engineer, regarding problems with drainage, roadway and curbing at "Chambers Court" Subdivision sent to Richard J. Callinan, Letter to Richard J. Callinan from Joseph J. Campo regarding partial release of funds for "Golden Hills" subdivision, Letter to Richard J. Callinan from Joseph J. Campo regarding completed drainage for partial release of bond for "Highland Avenue". Notice of Public Hearing, Town of Foxboro, to be held 7/8/86 for site plan of Arthur Duro., before the Site Plan Review Board, Notice of Public Hearing, Town of Foxboro, Board of Selectmen, to be held 7/15/86 for site plan approval of Arthur Duro, Notice of Public Hearing, Town of Foxboro before the Site Plan Review Board, to be held 7/8/86 for site plan of Columbia National Corporation. Notice of Public Hearing, Town of Foxboro, Board of Selectmen, to be held 7/15/86 for site plan approval of Columbia National Corporation. Notice of Public Hearing, Town of Foxboro, Zoning Board of Appeals for variances for Ferdinand M. & Alice M. Longabard; RPCV Realty Trust; Special Permit for William K. & Phyllis J. Owen; Special Use Permit for Patrick and Helen O'Sullivan to be held 7/16/86, -1- Planning Board's Minutes July 2, 1986 Page -2- Public Notice, Town of Foxboro, Site Plan Review Board, for Site Plan of Skanco Sharon/Foxboro Associates, Inc. to be held 7/8/86. Public Notice, Town of Foxboro, Board of Selectmen, for Site Plan Approval for Skanco Sharon/Foxboro Associates, Inc. to be held 7/15/86. Letter to Planning Board from The Folk-mcaLn Co. regarding release of roadway 0 0 construction funds for "Highland Avenue" subdivision. Letter from Golden Hill Homes, Inc. for release of bond for "Golden Hill Estates" subdivision. Zoning Board of Appeals Statement of Facts regarding Application of the Village at :Mansfield Depot for a Comprehensive Permit. 0 4. I Zoning Board of Appeals Statement of FactsregardingApplication of James F. Fasino for Special Permit. Zoning Board of Appeals Statement of Facts regarding Application of Paul J. A. Demty for a Variance. Zoning Board of Appeals Statement of Facts regarding Application of Joanne 0 0 0 Leanues for a Special Permit. Zoning Board of Appeals St-d-itement. of Facts regarding Application of Philip M. Hunt for a Variance. Zoning Board of Appeals Statement of Fa-cl.:'-s regarding Application of Frank J. ZD and Mary E. Eckler for a Variance. Zoning Board of Appeals Statement of Facts regarding Application of 0 Marianne Mackie for a Variance. Zoning Board of Appeals Statement of Fact -S) regarding Application of James & 4- Carmella Ta.LL. for a Variance. Minutes of May 28, 1986 Motion: To accept the minutes of May 28, 1986 as corrected by adding to Page 5 that Chairperson Flynn left the meeting at 10:00 P.M. (Annino - Quinn) All in Favor. PASSES. "Highland Avenue" Motion: To release $13,535.00 for satisfactory completion of the installation of reinforced concrete pipe, manhole and/or catch basins. (Quinn -Madan) All in favor. PASSES. "Chambers Court" The Planning Board and Planning Director held a discussion regarding problems with the roadway, drainage and curbing. The Planning Board would like a report from Al Andrews and discussed inviting the developer, his subcontractors and the Town Engineer to attend a meeting of the Planning Board to discuss the problems with this subdivision, V Planning Board's Minutes July 2, 1986 Page -3- Planning Director Callinan stated that the Engineering Department would visit "Chambers Court" and take pictures, Motion: To invite the developer of "Chambers Board meeting to discuss the problems (Quinn -Madan) All in'favor. PASSES. Court" to a Planning with this subdivision. Planning Director Callinan discussed a letter received from Town Counsel, John Dwyer, citing common law precedents allowing Planning Boards to deny subdivisions relating to public safety concerns. Clerk Quinn stated that what Town Counsel is actually saying is that it is a common law precedent and not a statute. Clerk Quinn feels that Town Counsel has alluded to an issue and should address it very specifically. Clerk Quinn stated that the Lou Andrews case is a perfect example of the Planning Board denying something based on public safety and Town Counsel is representing the Board on this case. Planner Genatossio would like to have a straight answer from Town Counsel because of the number of subdivisions coming up that front on Stearns Avenue and are also in deplorable condition where safety could be an issue. Planning Director Callinan asked the Board to allow him to speak with Don Schmidt and ask Mr. Schmidt about 81M (the Purpose of the Subdivision Control Law) and Mr. Schmidt would be able to cite cases where courts have repeatedly ruled that if the Board doesn't have a specific- regulation then it cannot approve or deny with conditions. Planning Director Callinan stated that he would then write a letter to Town Counsel citing those cases and ask Town Counsel if there are cases where the Planning Board has denied a subdivision based on 81M. Planner Genatossio stated that occasionally she goes through the Building Inspector's book which shows case laws also, particularly for the Zoning Act. Planner Genatossio stated that in most cases, Courts do..-- find in favor of the Town. A judge would rather see a community solve its own problems where it concerns the safety of the community because each community knows its own problems. Planning Director Callinan stated that to some degree the Board can use 81M more for a "Form All plan than with a subdivision plan. In many cases in recent years, the Courts have been more sympathetic to towns when "Form A" plans have been denied because of public safety. The Courts feel that "Form A" does not require subdivision approval and does not come under the direct Rules and Regulations of the Planning Board. Therefore, the Board has some discretion on "Form A's". Planner Genatossio stated that on "Form A's", only frontage can be cited. Planning Director Callinan stated that in 1953 most of the Subdivision Control Law was written in this way. Planning Director Callinan mentioned that Section 81U states that relating to subdivisions, specific detail must be given why approval or denial is given. The Board cannot state that a subdivision is simply unsafe, unless the Board has a specific regulation. Clerk Quinn feels that, rather than write a letter to Town Counsel, the Planning Board should invite John Dwyer in to discuss public safety. Planning Director Callinan stated that a letter would have to be sent to the Town Manager requesting the presence of Town Counsel at a Planning Board meeting. Motion: To ask Rande Wilson, Town Manager, to request the presence of Town Counsel at a Planning Board meeting to explain the contents of Town Counsel's letter to the Planning Board dated 7/1/86. (Quinn - Madan) All in favor. PASSES -3- Planning Board's Minutes July 2, 1986 Page -4- 3. 8:00 P.M. - "Massapoag Estates" - Review of Revised Plan Paul Folkman approached the Board and asked to postpone the review because RIM Engineering is still working on a few revisions and the plan is not complete. Mr. Folkman would rather wait until the entire checklist is complete and the drainage highlighted. He would like to be on the agenda for the week of July 9, 1986. Chairperson Flynn stated this would not be a problem. 4. Request for Release of Funds "Westview Estates" - The Broderick Corporation, Chairperson Flynn asked Planning Director Callinan if he had looked over this release request for $23,204.00. Planning Director Callinan stated that a copy had been given to the Engineering Department to see if they had any comments. Mr. Broderick has donated money to the "Gift Account" for an inspector and there is a full time inspector on the site. Planning Director Callinan stated he had not heard from the Engineering Department but does not think they have any objections to the release of funds because Mr. Broderick does have a full time inspector on the site. Planner Madan asked Planning Director Callinan if Mr. Broderick had hired the inspector. Planning Director Callinan stated that the Town hired the inspector for Mr. Broderick to inspect "Camelot" and "Westview". Planner Genatossio asked what was wrong with the Town's Construction Inspector. Planning Director Callinan explained that the Construction Inspector is the only person working approximately a dozen subdivisions and there have been requests for his services that the Construction Inspector cannot meet. In order to remedy this situation, as is done in many other towns in Massachusetts, the Town established a "Gift Account" for inspection services. The developer donates to the "Gift Account" from which the Town hires inspectors, engineers, to be on the site for these various developers and the inspectors report to the Town. Chairperson Flynn stated that she believes this would be expensive for the developer and she does not feel it is right. Planner Boldrighini stated this is something which is done all the time. The developer sets up a schedule and can get the work done without waiting four days because something isn't inspected. Planner Boldrighini stated this way the rest of the job is not being delayed because of late inspections. Planner Genatossio agreed with Planner Boldrighini's explanation. Chairperson Flynn stated that the developer pays the same amount of taxes as every other contractor. Planner Boldrighini stated that he believes the "Gift Account" is the right way to do it. Chairperson Flynn would like to know which inspector the Planning Board is supposed to rely on for the proper information. Planning Director Callinan stated that all inspectors report to the Town Engineer. Planner Boldrighini asked if the inspector for Mr. Broderick's "Westview Estate" had reviewed this property and given the report that the work has done. Planning Director Callinan stated that he had given a copy of the report to Mr. Andrews and Mr. Andrews did not have a problem with this. Planner Boldrighini stated that the inspector is there for a purpose and Mr. Broderick should have had the inspector check out the requisition, initial it, or whatever. The requisition should then go to the Engineering Department. Chairperson Flynn stated that she cannot understand the report that has been submitted and that it was not reviewed by the Engineering Department. Planner Genatossio asked to have a cover letter from the Engineering Department stating that the work has been done and the money can be released. Planning Director Callinan stated -4- Planning Board's Minutes July 2, 1986 Page -5- that, as Chairperson Flynn pointed out, Mr. Broderick does not have to donate any money to the "Gift Account" inspections. One of th8 reasons Mr. Broderick did donate money was not only to get quicker inspections, but to get quicker releases. This particular report was given to Planning Director Callinan on Monday and, in turn, given to the Engineering Department. Engineering has not commented to date. Planner Genatossio asked who hired the inspector. Planning Director Callinan stated that the inspector was hired by the Engineering Department. Planner Genatossio stated that this engineer/inspector still reports to the Town Engineer and Planner Genatossio feels that all that is needed is a letter from the Town Engineer stating that this report is correct and the money cannot be released until the letter is received by the Planning Board. The Board asked if the Planning Director would request a letter from the Engineering Department. Planning Director Callinan stated he would request such a letter. 5. 8:30 P.M. - Preliminary Plans The following Preliminary Plans were discussed by the Planning Board and presentations were made by Ralph Maloon, RIM Engineering showing the sub- divisions in an overall view: "Pleasant Valley" "Plantation Estates" "Stearns Hill Estates" "Autumn Acres" "Sturbridge Estates" Comments from Planning Director Callinan were read relating to these sub- divisions. Checklist on "Autumn Acres" is complete with the exception of the name and address of the recorded owner. Conservation Commission wants to view all of these subdivisions. Ralph Maloon explained that these sub- divisions did not come to him all at once but were put together at a later date. Mr. Maloon stated that all frontage could be removed from Rte. 106, however, in doing so this would exceed the deadend requirements of the Planning Board. Clerk Quinn asked if there had been discussions regarding sewerage. Mr. Maloon state there had been some discussion, but that no decisions had been made at this time. Planning Director Callinan stated that the Master Plan shows the sewerage going down Mill Street and that sewer cannot connect to the downtown area. It would be very expensive to put in sewerage. Planning Director stated that there are some developments on Maple Street that might possibly be able to connect through the connection at Stearns and Maple Street and bring it all down. Paul Folkman of the Folkman Company stated there would be sewer work discussed for this entire area. Mr. Folkman mentioned there would be something coming out in the Fall regarding sewer. Planner Boldrighini asked if this involved the Town Engineers in their basic study on how to expand the sewer system. Mr. Folkman said this was correct. Clerk Quinn questioned the amount of cul-de- sacs. Mr. Maloon stated that eventually they hope to straighten the proprty lines of these subdivisions and might possibly avoid the cul-de-sacs. The Planning Board discussed the value of having cul-de-sacs and the alternative of connecting these roads. Planner Genatossio asked if these plans would be submitted as one definitive plan rather than separate plans. Mr. Maloon I&C Planning Board's Minutes July 2, 1986 Page -6- stated he hoped to present nt it as one definitive plan, eventually. The only problem Mr. Maloon could see at this time would be that some of the property may have to be transferred from one owner to another owner. The owners being the Zola Family and Jess Realty Trust. Planner Genatossio, asked about a drainage study stating the area is a serious area for drainage, Planner Genatossio stated her concerns with drainage going onto East Street which is now experiencing severe flooding situations. Planning Director Callinan has spoken with the Town Engineer, Joseph Campo, and Mr. Campo has stated he is aware of the drainage problems in the Bristol Arms area and feels a drainage study of these particular subdivisions would be justifiable. Mr. Maloon stated he is aware of the drainage problems in this area. Chairperson Flynn stated this is a major concern of the Planning Board and this is the ideal situation to address this concern. Planner Genatossio, stated that the Board needs to know which way the drainage flows, what the Town will have to do for structures along the way. Planning Director Callinan stated that "Eastleigh Estates North" subdivision does abut the "Stearns Hill Estates" subdivision and Planning Director Callinan has discussed with Mr. Currivan the possibility of connecting the two subdivisions. Planner Annino stated his concerns with the "maze" of roads within these subdivisions and the access of safety vehicles to these roads and would prefer to see an easily understood roadway network. Clerk Quinn explained the confusion which sometimes occurs within these developments when emergency vehicles are trying to locate a particular home within the cul-de-sacs, Clerk Quinn stated he does not want to see a checkerboard effect either, but some type of compromise made for the roadway system. As Ralph Maloon stated, the subdivision plans came in to him piece meal and he does want to change the layout of the roads now that the subdivisions are connecting. Clerk Quinn asked Mr. Maloon when they might be returning to the Board with a Definitive Plan. Mr. Maloon stated that, although he does not want to come back with another preliminary plan, he would like to return with these plans showing road layout and the connection of water. Clerk Quinn also stated drainage should be shown. Chairperson Flynn stated that the new subdivision regulations say that the Board can ask for an Environmental Impact Statement including drainage and traffic studies. In light of the magnitude of this development, Chairperson Flynn stated she would lean toward requesting the Environmental Impact Statement. These particular preliminary plans are not under the new regulations, but if Mr. Maloon returns with a new preliminary, the new plan would be under the new regulations. Planner Genatossio stated concerns regarding a traffic study. Mr. Folkman stated that speaking for himself and Jay Zola, they would be willing to do this. Mac Homes is also involved in these subdivisions but is not present this evening, being represented by Mr. Maloon. Mr. Folkman stated he and Mr. Zola would be agreeable to the traffic and drainage study, but could not speak for others involved in these subdivisions. Planner Genatossio stated it could be to everyone's advantage to come in with a new Preliminary Plan that conforms to the new regulations. Mr. Folkman agreed. 9:00 P.M. - Motioo--n: To continue discussion after meeting with the Board of Selectmen. (Madan - Quinn) All in favor. ff*M Planning Board's Minutes July 2, 1986 Page -7- At this time, the Planning Board adjourned to the Selectmen's Meeting Room for a joint meeting with the Selectmen, Master Plan Advisory Council, IEP, Inc. and the Henderson Group. Mr. Michael A. Beck and Mr. Jon Witten of IEP, Inc. along with Mr\. Phillip Henderson, President, The Henderson Group were in attendance for the presentation. Mr. Beck stated that both IEP, Inc. and The Henderson Group were looking forward to their association with the Town of Mansfield in conjunction with the Master Plan. Mr. Henderson mentioned some of the areas that would be covered including zoning, planning, analysis detailing market demand, Mr. Jon Witten detailed the presentation with the different phases that would be covered, Phase I: Establish Mansfield's Assets and Constraints Phase II: Policy Formulation Phase III: Action Plan Each of these phases will cover certain tasks and each of these tasks will cover more detailed issues. Mr. Witten stated that IEP planned to attend Town Meetings. Planning Director Callinan mentioned that he will also be working jointly with Connery Associates along with the towns of Norton and Taunton, updating the Comprehensive Plan for Norton, Taunton and Mansfield. Preliminary Plans (Cont.) "Pleasant Valley" Motion: To accept as submitted with conditions and recommendations duly noted including, drainage, Environmental Impact Study, possibly join with "Plantation Estates". "Stearns Hill Estates". "Autumn Acres" and "Sturbridge Estates" forming one major subdivision, lots 1, 2, 3s 8 and 9 shall be excluded from subdivision approval unless redesigned to provide frontage along Valley Road, Traffic Study, Comments on Road layout must be more specific, road should be at a 90* angle to Stearns Avenue, also address Planning Director's comments dated 5/7/86. (Quinn - Annino) All in favor. PASSES. "Autumn Acres" Motion: To accept as submitted with conditions and recommendations duly noted including, drainage, Environmental Impact Study, possibly join with "Plantation Estates".. "Stearns Hill Estates".. "Pleasant Valley" and "Sturbridge Estates" forming one major subdivision, Traffic Study, comments on road layout must be more specific, also address Planning Director's comments dated 5/7/86. (Quinn - Boldrighini) All in favor. PASSES, -7- Planning Board's Minutes July 2 1986 Page -A- "Stearns Hill Estates" Clerk Quinn stated that he could not read the signature of the applicant, no checklist included and no comments from Planning Director Callinan. This subdivision was submitted April 4, 1986. Previously submitted in November 1985 at which time the plan was denied by the Planning Board. One of the problems at that time was only one means of access. It has been resubmitted for zoning purposes. Planning Director Callinan made a recommendation to the Planning Board that they approve the plan with conditions. Also, there is a possibility that this subdivision could tie in with the remaining subdivisions in the area. Planner Madan stated that to get the owner involved in tying in his subdivision with the others, the way to give him direction would be to continue to deny this plan. Planning Director Callinan stated that his concern is that some applicants have been in complaining about the denial of a preliminary plan and they do not understand that the decision is not binding. Motion: To disapprove "Stearns Hill Estates" preliminary plan because there is only one means of access and the roadway is over 650'. (Boldrighini - Madan) All in favor. PASSES. "Sturbridge Estates" Checklist is complete. Comments listed on checklist: One secondary street off Rte. 106 to minimize intersection at 106. Intersection should be at a 90* angle. Consider making "Cooper Court" into a cul-de-sac to provide back frontage to lots along Route 106. Alternative: Connect directly to Arapaho Lane which will eliminate the need for cul-de-sacs if frontage is not a problem, Motion: To disapprove "Sturbridge Estates" preliminary plan because there is only one means of access and the length of roadway, to include Planning Director's comments. (Boldrighini - Quinn) All in favor. PASSES, "Plantation Estates" No checklist. No recommendations from Planning Director Callinan. Planning Director Callinan stated that this plan meets Subdivision Rules and Regulations. Lots 1, 20 and 21 are Form "A" lots. Motion: To accept as submitted with conditions and recommendations duly noted including drainage, Environmental Impact Study, possibly join with "Pleasant Valley Estates", "Stearns Hill Estates", "Autumn Acres" and "Sturbridge Estates" forming one major subdivision. Lots 1, 20 and 21 should be excluded from the plan as they are Form "A" lots, traffic study, comments on road layout must be more specific. (Boldrighini - Quinn) All in favor. PASSES. Planning Board's Minutes July 2, 1986 Page -9- 6. "Balcom Ridge Estates The Definitive Plan for this subdivision won by default. Town Clerk, Judith F. Scott, has requested a vote by the Planning Board to approve her signature on this plan. Motion: To send a letter to Judith F. Scott stating that, even though this plan won by default, it does meet with the Planning Board's requirements. (Boldrighini - Quinn) Chairperson Flynn, Planners Annino, and Madan. All in favor. Planners Genatossio and Lantz not present at opening of Public Hearing, 7. "Form A" (ANR) Plans The applicant of this "Form A" (ANR) Plan is Carl A. Nelson, Jr. This "Form A" Plan consists of a parcel of land at the corner of Jewell and Williams Streets bounded as follows: Fagan on the South, Jewell Street on the East, Williams Street on the North -Northeast, Robinson on the West. The reason this plan does not constitute a subdivision is because there are no internal lots or roads being proposed. Checklist is complete with the exception of Item 11. Motion: To sign "Form A" (ANR) on Jewell and Williams (Boldrighini - Madan) 8. Around the Table Plan for Carl A. Nelson, Jr. for land Street. All in favor. PASSES. Planning Director Callinan stated that he will be mailing out IEP scope of services and other material. Clerk Quinn stated, for the record, he thought the presentation by IEP, Inc. was excellent. Planner Genatossio asked what the decision of the Board was as to the moratorium for the Town Meeting. Planning Director Callinan stated more research and preliminaries would have to be prepared. Planning Director Callinan stated that when he discussed this with the consultants for the Master Plan, one of the components of the Master Plan will be to do a market analysis to determine land use in Industrial Zone. Planning Director Callinan stated he was told that if the Board establishes a moratorium,that skews market analysis and any information derived from that would be invalued and wouldn't be a good basis for determining impact. Second, as with major zoning articles in late March, early April, and November, a flurry of subdivision plans comes right in before Town Meeting. Planning Director Callinan stated that the Town of Sandwich was successful in establishing a General By -Law restricting the ,issuances of septic permits, but that does not stop subdivisions and is only good for a year or two, does not affect lot sizes. Planner Genatossio stated this would give a town the chance to catch up subdivision work and the Master Plan time to decide what should be done with lot sizes and zoning changes. Planning Director Callinan stated that to propose the moratorium IRM, 0 Planning Board's Minutes July 2, 1986 Page -10- before the Master Plan is done might elicit a flurry of subdivision plans. Planner Genatossio does not see this happening through zoning. Planner Genatossio does not feel that the Master Plan will stop subdivisions and feels the moratorium could have an effect on providing more water for the community and improving roads which could slow down subdivisions. ---------- Planner Genatossio asked Planning Director Callinan what the result was for the update of the bond for "Canoe River Estates". Planning Director Callinan stated that a letter had been sent about two months ago and there was no response. Motion: Send a letter to Mr. Douglas King requesting an answer to the Board's idea for the bond regarding "Canoe River Estates" and that the letter be send "Return Receipt Requested". (Genatossio - Boldrighini) All in favor. PASSES. ---------- Planner Genatossio asked if a site plan had ever come before the Board for the -building on Creedence Street behind Fernandes and asked Planning Director Callinan to check into this. Planner Madan stated that he believed it went to Zoning Board of Appeals because it was in a two zone area. Planner Genatossio asked if there was a bond estimate for "Van Koert Farms" as yet. Planning Director Callinan stated there was one now. Planner Genatossio stated that she and Chairperson Flynn had attended the meeting of the Zoning Board of Appeals on July 1, 1986 regarding the appeal to the Building Inspector's decision on gravel removal,at which time a letter from Mr. Campo to Mr. Cook regarding looking at the site and determining something regarding nine feet was referenced. Planner Genatossio requested a copy of this letter. Planning Director Callinan stated that a copy of a letter from Mr. Cook to the Fish and Game had been sent to the Planning Board. The Fish and Game people will be coming before the Planning Board for surplus material for a decision. Mr. Cook's letter states that "after receving a special permit from Board of Appeals, he will be able to apply for a surplus material permit from the Planning Board under Section 5g.f.l.b." Planner Genatossio feels there will be a problem if Mr. Cook feels this is surplus material. The by-law is specific and surplus material states "extra material". Planner Genatossio feels that surplus would be if the Town is doing Public Works in the street and they come up with extra material from laying a water pipe, this is surplus to what they are doing. Planner Genatossio stated that the Town is not laying a water pipe at the Fish & Game. They are not building a roadway. Planner Genatossio feels this is a commercial operation and that Fish & Game is conducting gravel removal. Planner Boldrighini asks if there is a problem with removing the gravel. Planner Genatossio stated her concern is whether conditions are being met under the gravel removal section and the Board should be asking Fish & Game to restore material, if necessary, if they are less than 10' above the groundwater. Chairperson Flynn stated there is no way to address this under "Surplus Material". -10- Planning Board's Minutes July 2, 1986 Page -11- Planner Boldrighini asked if Fish & Game was aware of Planner Genatossio's concerns. Planner Genatossio stated Fish & Game was told at the ZBA meeting. Planner Boldrighini asked if they were going to take elevations to see what depth they were at. Planner Genatossio stated Fish & Game was asked to come before the Planning Board and explain their concerns, not to meet all the requirements of gravel removal, but some of the conditions. Chairperson Flynn stated that Fish & Game wanted to speak with her and Planner Genatossio at this ZBA meeting but were told to come before the full seven members of the Planning Board. Chairperson Flynn stated that by coming before the Board, the Fish & Game people might be able to get certain aspects of the By -Law waived. Planning Director Callinan asked Chairperson Flynn to define which procedure was being discussed here, surplus material or special permit. Chairperson Flynn stated that no one at the ZBA meeting last night mentioned surplus material and they understood exactly what she and Planner Genatossio were discussing. Planning Director Callinan stated that the discussion, then, was regarding "Special Permit". Planner Genatossio stated that Fish & Game cannot meet all the requirements, at this point, of the earth removal, by-law. Planning Director Callinan stated that Planner Genatossio and Chairperson Flynn are defining this operation as a commercial operation. Chairperson Flynn stated it is a Commercial Operation and that the main use of that property is where the Fish & Game Rifle Range is. Planning Director Callinan does not feel this is a Commercial Operation and stated if it is over 150 yards it comes to the Planning Board. Motion: To have Mansfield Fish & Game come to the Planning Board for a Special Permit for surplus material removal. (Madan - Quinn) Planners Annino, Boldrighini and Lantz vote in favor. Chairperson Flynn and Planner Genatossio opposed. Planner Lantz mentioned the possibility of having the Board of Selectmen appoint a new member for the Planning Board to attend the SRPEDD meetings, which are held on Wednesday evenings. This person would report to the Planning Board and deliver the Planning Board's members collective thoughts. Planner Genatossio stated that two members would need to be appointed to have an uneven number of members. Planner Boldrighini asked if one member of the present Board could attend the SRPEDD meetings. Planner Genatossio stated this is how it was done in the past. Planner Boldrighini stated he thinks one member of the present Board should attend these meetings. Clerk Quinn stated that the Town Charter states the Planning Board should consist of seven members only. Chairperson Flynn thanked Planner Genatossio for attending the ZBA meeting with her. A Cease and Desist order was issued against the Fish & Game people today. Chairperson Flynn feels they established a rapport with the people of Fish & Game. Chairperson Flynn stated that one of Mr. Cook's issues against the Planning Board was that the appeal time had lapsed. She stated it was difficult to determine the time that the appeal began. But, the letter to Mr. Cook stating that the Planning Board was appealing was two to three weeks late. Chairperson Flynn stated that she feels the -11- Page -12- July 2, 1986 Page -12- letters must go out on time and that Planning Director Callinan has to write them. 9. Public Discussion Joseph Zeneski, 842 East Street - stated concerns he has, along with many people he has spoken with who have expressed similar concerns with open gravel area with the Condyne sign in front of it, across from Big 4 (which he thought was to be the site of Tighe Trucking. Mr. Zeneski stated that with all the tracks there, and he is concerned that someone could drive in in the middle of the night and dump whatever they might want to dump - septic, oil, gas - whatever. Mr. Zeneski stated this is a great place for someone to dump because - one, the tracks would not be seen and, two, it Will disappear before you get off the site. Mr. Zeneski is quite concerned because of the groundwater protection that there is no activity there, no fence, nothing. Mr. Zeneski expressed his concern to the Planning Board because he did not who else might be involved. Mr. Zeneski stated that the Planning Director does speak to the Building Inspector and the Planning Board did approve the site plan. Even though the Town did appeal the Building Inspector's decision to grant a permit, they took away the top soil and sub soil and there is exposed gravel there, Motion: Send a letter to the Building Inspector and the Board of Health regarding the site of Tighe Trucking. (Genatossio - Annino) All in favor. PASSES, Nelia Philips, 285 Hope Street - stated a complaint about Turtlebrook Trucks driving through town without a top covering, no back, apparently unloading surplus material. Some material appeared to be left in the truck and was falling into the road. She stated that a 51" x 5" stone fell off 2 the truck in front of her car. The trucks turned into Wood Avenue. Another time, she stated the same trucking company pulled out of Wood Avenue in front of her, perhaps six car lengths in front of her. Mrs. Philips reported this to the Police. Mrs* Philips stated that she believed the police had gone to Wood Avenue to let the trucking company know that a complaint had been issued with regard to lack of covering on the trucks. They are also working in the area from 7:00 A.M. to 7:00 P.M. Mrs. Philips questioned whether Turtlebrook Trucking needs a permit to remove this surplus material. Mrs. Philips had also sent a letter to the Selectmen stating her concerns. The Selectmen decided to turn the letter over to the Town Manager. Clerk Quinn suggested that Mrs. Philips write a letter to the Chief of Police, the Registry of Motor Vehicles and the State Police, 10. Meeting adjourned at 11,-05 P.M. Clerk Date