Loading...
HomeMy WebLinkAboutPlanning 07/23/1986PLANNING BOARD'S MINUTES JULY 23, 1986 Present: Chairperson Flynn*, Clerk Quinn Planners: Annino, Genatossio, Lantz, Madan Planning Director Callinan 1. Meeting called to order at 7:35 P.M. 2. Clerk's Report Correspondence Memo from the Conservation Commission to Richard J. Callinan regarding determinations on three subdivisions and one site plan. Letter to the Planning Board from Richard J. Callinan regarding Grief Bros. site plan. Letter from The Broderick Corporation requesting release of funds for "Camelot Estates"* Letter from Keith Properties to Richard Callinan regarding release of covenant for Francis Avenue. Letter from Robert Currivan requesting extension for "Eastleigh Estates North" requesting an extension until August 13, 19860 Motion: To accept extension for "Eastleigh Estates North" to August 13, 1986. (Madan - Flynn) All in favor. PASSES. Public hearing notice, Town of Foxboro, for approval of preliminary plan entitled "Ridgewood". Public hearing notice, Town of Foxboro, for reapplication for variance previously denied for the End Zone Motel & Lounge, Inc. Public hearing notice, Town of Foxboro, for approval of preliminary plan entitled "Gusnic Drive". Public hearing notice, Town of Foxboro, for special permit for for clustering of housing units with frontage on Cocasset Street. Public hearing notice, Town of North Attleboro on the applciation of Steven & Samuel White to abandon a section of Cooper and Maynard Sts. -1- Planning Board's Minutes July 23, 1986 Page -2- 3. Variance Applications Clyde and Beverly Madan-, 491 Maple Street A hearing will be held on August 5, 1986 on the application of Clyde and Beverly Madan for a Variance from Section IV Schedule B of the Zoning By -Law to divide a parcel of land at 491 Maple Street, said parcels to contain less than 30,000 Square feet, both of which will be non -conforming in an Agricultural Zone* Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Madan for 491 Maple Street due to the fact that no hardship was shown and because applicant did not have sufficient square footage for two house lots.i, (Quinn-Annino) Planners Flynn, Genatossio, Lantz, n favor. Planner Madan abstained. PASSES. Louis & Doris Cinelli, 7 Riverside Drive. A hearing will be held on August 5, 1986 on the application of Louis and Doris Cinelli for a Special Permit from Section V.A.2.b. of the Zoning By -Law to use an existing building at 7 Riverside Drive for a business servicing scales, weights and measures, said use being non -conforming in a Residence A Zone. Motion: To send a positive recommendation to the Zoning Board of Appeals on the Special Permit application of Cinelli for 7 Riverside Drive. (Quinn -Madan) All in favor. PASSES. David Murray, 26 Fuller Place A hearing will be held on August 5, 1986 on the application of David Murray for a Special Permit under Section V Schedule B of the Zoning By -Law to construct an addition to an existing two family dwelling, said addition having less than 30 foot front yards, which are non -conforming in a Residence*C Zone* Motion: To send a positive recommendation to the Zoning Board of Appeals on the Special Permit application of Murray for 26 Fuller Place. (Quinn -Madan) All in favor. PASSES. Richard J. & Kathleen Sullivan, Columbine Road A hearing will be held on August 5, 1986 on the application of Richard J. and Kathleen Sullivan for a Variance from Section V Schedule B of the Zoning By -Law to construct a single family dwelling on a lot on Columbine Road, known on Assessors Map 36 as lots 41 and 42, said lot containing less than 15,000 square feet which is non -conforming in a Residence A Zone. Motion: To send a negative recommendation to the Zoning Board of Appeals on the Variance application of Sullivan for Columbine Road -2- Planning Board's Minutes July 23, 1986 Page -3- because it derogates from the Zoning By -Law. (Genatossio - Annino) All in favor. PASSES. Paul Ethier, Sr., 109 Union Street A hearing will be held on August 5, 1986 on the application of Paul Ethier, Sr. for a Special Permit to construct an addition to an existing single family dwelling at 109 Union Street, said dwelling having less than 30 feet front yard and less than 15 feet side yard, both of which are non -conforming in a Residence B Zone. Motion: To send a positive recommendation to the Zoning Board of Appeals on the Special Permit application of Paul Ethier of 109 Union Street, with the stipulation that the garage not be used for business purposes. - (Quinn - Madan) All in favor. PAS SES O Joseph E. Fillion, 28 Azelea Road. A hearing will be held on August 5, 1986 on the application of Joseph E. Fillion for a Special Permit under Section -IV Schedule B of the Zoning By -Law for an addition to an existing single family dwelling at 28 Azelea Road, the existing dwelling having less than 30 foot front yard, less than 40 foot rear yard, on a lot with less than 15,000 square feet, all of which are non -conforming in a Residence A Zone. Motion: To send a positive recommendation to the Zoning Board of Appeals on the Special Permit application of Joseph E. Fillion for 28 Azelea Road. (Genatossio - Quinn) All in favor. PASSES. 4. 8: 00 P.M. - The Broderick Corporation - "Forest Park" - Preliminary _Plan Mr. Edward Broderick, President, The Broderick Corporation held a discussion with the Planning Board regarding changes to the "Forest -Park", 151 lot, preliminary . subdivision plan. Mr. Peter Wells, engineer for this development, was also present for this discussion. This subdivision comes under the old subdivision regulations. However, both Mr. Broderick and Mr. Wells will comply with as many of the new regulations as possible. Mr. Broderick plans to deed four lots to the Town. A request to waive a sidewalk on one side of the road was discussed as well as meandering sidewalks. The lots will be designed in such a way as to maintain as many trees as possible. Mr. Wells discussed the fact that a Revolutionary War cemetery is located within this subdivision plan and plas are to have a walkway to this cemetery so that people may visit it. Bike paths were also discussed for this development. The Board stated they were impressed with the site for this subdivision, which they have walked. The wetlands for this site were also discussed. Motion: For a concensus of the Board for Mr. Broderick to proceed with his subdivision plans. (Madan - Quinn) All in favor. PASSES* -3- Planning Board's Minutes July 23, 1986 Page -4- 5. 8:20 P.M.- Fish & Game - Surplus Materials Hearing Mr. Kenneth Gray and Mr. Gregory Caldwell from Fish & Game were present for this •hearing. The question involved here is whether it is surplus material or an earth removal project. The material being removed is being given to the Mansfield D.P.W. One of the major problems is that the excavation would seem to be very close to the ground water. The Planning Board suggested that a couple of monitoring wells be installed. Motion: To send a positive recommendation to the Building Inspector with condition that three (3) monitoring wells be installed; removal not be less than ten (10) feet above water table. CM adan-Annino) Planners Flynn, Genatossio, Lantz in favor. Clerk Quinn abstained. PASSES. Copy of this recommendation will be sent to the Town Manager. "Massapoag Estates" Definitive Subdivision - Review of Revisions 6. 8:50 P -Me Clerk Quinn read correspondence from Joseph J. Campo to Richard Callinan and to the Planning Board from Richard Callinan relative to further improvements to be made at "Massapoag Estates" (copies attached). Paul Folkman, The Folkman Company, was present for this discussion* Mr. Folkman stated that he had been waiting to hear from the Town Engineer relative to the drainage at Massapoag. The Board held a lengthy discussion regarding the drainage and roadway improvements. Mr. Folkman agreed to make changes suggested by Planning Director Callinan, with the exception of Item #4 (See attached memo) which relates to a possible easement to provide an opportunity for an alternative means of access to an improved Bird Road* Mo t ion: If Mr. Folkman chooses to put an easement on the "Massapoag Estates" plan to provide access to Bird Road, the Board will accept it as part of the approved plan. (Quinn - Madan) Planner Lantz in favor. Planners Annino, Genatossio and Flynn opposed. FAILS. Planner Genatossio stated that the Board did not have the right to change this approved plan without a public hearing. Planning Director Callinan stated that the Board was not requesting Mr. Folkman to make this change but if he chose to do so, the Board should have no objections. Mr. Folkman requested permission to be placed on the agenda for next week for the signing •of "Massapoag Estates" plan. Several members will be on vacation. Clerk Quinn stated that even though he did not vote in favor of this plan, he felt he could still sign it because it is a plan approved by the majority of the Planning Board. Planning Director Callinan stated that under 81L Clerk Quinn would be allowed to sign this plan. 7. 9:25 P.M. - "Mansfield Manorif - David Logendorfer - Resident ted permission to meet with the Board relative Mr. Logendorfer re nested of July 16, 1986 which will not to the Board's vote at the meeting allow Mr. Angelo Pasqualino of Pasco Construction to Put in 600' of binder at Danielle Lane and Angelina Road. Mr Logendorfer stated that -4- Planning Board's Minutes July 23, 1986 Page -5- he would like to know what rights the homeowners have regarding the road situation. The Board informed Mr. Logendorfer that the unpaved road problem would be between the homeowners and the builder. Mr. Pasqualino had asked the Board for permission to partially complete this road. Upon the advise of the Town Engineer, the Planning Board felt it would be in the best interest of the Town to have the road fully completed to avoid possible stress points* 7. Review of Site Plan off Plymouth Street The Planning Board reviewed this site plan for land off Plymouth Street* The owner is Greif Brothers. Mr. David Grant of CC & F, Mr. Robert Fisher, CWB Contractors, Mr. Al Costa, Architect and Mr. James Robertson, representing the owner of Greif Bros., were present for this review. Clerk Quinn read correspondence from Planning Director Callinan to the Planning Board and from Joseph J. Camp, Town Engineer, to Richard Callinan. The Checklist is complete. Motion: To send a positive recommendation to the Building Inspector for the proposed warehouse off Plymouth Street, Applicant CWB Contractors, Inc* with the following provisions: 1. Drainage calculation should be submitted. 2. More detail on the proposed detention basins is necessary including information on the slopes, method of controlling erosion along the sides and material proposed for the bottom of the basin. 3. Description of landscaping should be provided within the ten foot buffer along Plymouth Street. 4. The sewer service and water main pass under the detention area. It is necessary to view these utility crossing in profile to insure that the correct amount of cover is used. (Quinn -Madan) All in favor. PASSES. (*Chairperson Flynn left the meeting at 10:10 P.M.) 8. Around the Table The Planning Board will be meeting with the Board of Selectmen Wednesday, July 30, 1986 and Board members asked Planning Director Callinan what the meeting was in regard to. Planning Director Callinan stated he believed that it was in regard to the Downtown, Erick Road and Master Plan. Planner Genatossio asked to go on record that she will be on vacation, as will Chairperson Flynn, and will not be able to attend the meeting. The Board discussed some of the problems involving Erick Road that might be brought up at the Selectmen's meeting. Also, the fact that the bi-monthly meetings by all Boards with the Selectmen does not occur. The Downtown discussion will most probably relate to parking problems* This is due to the recent submittal of site plans for Samoset Street and Jackson Court. Planning Board's Minutes c;;p July 23, 1986 Page -6- Planner Gena'tossio asked why there was building going on behind Fernandes when there was no site plan. Planning Director Callinan stated that this went to the ZBA for a Special Permit or a Variance. A discussion followed as to whether the Planning Board should review site plans that have gone before ZBA for either a Special Permit or a Variance* Acting Chairman Quinn mentioned that he has personally observed satellite parking continuing at the Gray and Clemmey properties across from the Great Woods after Cease and Desist orders had been issued. Planning Director Callinan stated that complaints had been filed in Court this date. Mr. Gray's attorney had called the Planning Department with a request to come to the Planning Board for a Special Permit for a parking lot which is not allowed in some business districts. Planning Director Callinan stated that Dr. Stanley Sohn of East Street isproposing to build a kennel which would require a Special Permit as it is in the Agricultural Zone. Planning Director Callinan stated that Dr. Sohn has asked if he would need perc tests and other information the Board of Health has when he applies for the Special Permit. Planning Director Callinan told Dr. Sohn this information is not necessarily required by the Planning Board but that most times Special Permit granting authorities would like to see this information. 9. Public Discussion Mrs. Nelia Phillips, 285 Hope Street. Asked if Mr. Folkman was buying the land from Mr. Zola for the easement near Bird Road. Planner Genatossio stated that Mr. Zola still owns the land but that Mr. Folkman is buying sections of the land to build one Mr. Joseph Zeneski, 842 East Street stated that in addition to being aperson concerned with the community, he also works for an engineering firm that represents clients that do developments in this town. Mr. Zeneski asked if the proper procedure is for applicants to come in before the definitive plan and request waivers (relating specifically to Mr. Broderick's request for a waiver on sidewalks). Mr. Zeneski asked if the Board voted to approve the waiver this evening. The Board stated that there was no vote to approve the waiver. Just a general consensus of the opinion of the Board. Mr. Zeneski also discussed the fact that Mr. Broderick filed his preliminary plan before the Subdivision Rules and Regulations were revised. Therefore, Mr. Broderick does not have to submit an EIS when the definitive plan is submitted, even though Mr. Broderick stated he would do this. Mr. Zeneski asked if Dunn Engineering should suggest to their clients that they apply for waivers in the preliminary stage. The Board feels this would be a good idea* The Board discussed asking Mr. Broderick to do an EIS as a courtesy* Motion: To send a letter to Mr. Broderick stating that it was nice to Planning Board's Minutes July 23, 1986 Page -7- see him and his plan, the concensus of the Board is that they would like to see him go ahead with the plan and would like to see the sidewalks, traffic study, drainage, impact on schools, police and fire, water consumption addressed in the form of an Environmental Impact Statement. (Genatossio-Annino) No vote. Planner Madan feels that Mr. Broderick should be invited to another Planning Board meeting so that the Board could tell him in person what they would like to see done for the definitive, rather than send him a letter. Motion: To invite Mr. Broderick to the Planning Board meeting of August 6, 1986 to discuss items the Board thought of after meeting with Mr. Broderick earlier this evening. (Madan -Quinn) All in favor. PASSES. A discussion followed regarding the filing fees under the new and old subdivision regulations relating to reducing the fees under the new regulations for applicants who are willing to comform to some of the new regulations, even though they first submitted their preliminaries under the old regulations. Request for release of $45,087 for "Golden Hills Homes". A memo was read from Planning Director Callinan that Robert Albertini of the Water Department had stated a gate valve needed to be replaced at "Golden Hills Homes'. Therefore, Planning Director Callinan recommends release of $44,087.00. Motion: To release $44,087.00 for completion of "Golden Hills Homes". (Genatossio - Annino) Planners Lantz and Quinn in favor. Planner Madan abstains. PASSES. Request for release of performance bond for "Camelot Estates" for $156,763.00 for drainage installation. Letter read from the consulting engineer stating the total should be reduced to $148,589.60 until such time as the remaining 500'± of 12" R.C.P. is installed. Motion: To release $148,589.60 for satisfactory completion of manholes, manhole -special, reinforced concrete pipe and catch basins at "Camelot Estates". (Annino-Madan) All in favor. PASSES. Request for release of $79,470-00 for partial completion of installation of water mains at "Mansfield Manor" subdivision. Motion: To release $79,470.00 of the performance guarantee for "Mansfield Manor" for partial completion of installation of water mains. (Madan-Annino) All in favor. PASSES. 10. Variance Applications (Cont.) Jonathan L. Chilson, 1815 West Street A hearing will be held on August 5, 1986 on the application of Jonathan L. Chilson for a Special Permit to construct an addition to an existing single family home at 1815 West Street, the existing structure having less than a 30 foot front yard and less than a 15 foot sideyard5 all of -7- Planning Board's Minutes July 23, 1986 Page -8- which are non -conforming in a Residence A Zone. Motion: To send a negative recommendation to the Zoning Board of Appeals on the Special Permit application of Chilson for West Street. Recommend that Mr. Chilson look into not attaching the garage to section called "Great Room". (Genatossio-Madan) Planners Lantz, Annino and Quinn opposed. FAILS. Motion: To send a positive recommendation to the Zoning Board of Appeals on the Special Permit application of Chilson for West Street. (Quinn-Annino) Planner Lantz in favor. Planners Madan and Genatossio opposed. PASSES. Louis D. Restaino, 5 Aspen Street A hearing will be held on August 5, 1986 on the application of Louis D. Restaino for a Variance to construct a pool on an existing lot at -5 Aspen Street, said pool to have less than a 30' front yard, which is non -conforming in a Residence A Zone. Motion: To send a positive recommendation to the Zoning Board of Appeals on the Variance application of Restaino for Aspen Street. (Madan-Genatossio) All in favor. PASSES. Paul J. Folkman, 28 Court Street A hearing will be held on August 5, 1986 on the application of Paul J. Folkman for a Variance from the parking requirements for a lot at 28 Court Street, owned by Bart & Diane Jackson, located in the Downtown Business District. Motion: To send a negative recommendation to the Zoning Board of Appeals on the Variance application of Folkman for 28 Court Street due to the fact that Town parking must go to Town Meeting for a vote. (Genatossio-Madan) All in favor. PASSES. 11. Meeting adjourned at 11:10 P.M. CLE<K DATE