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HomeMy WebLinkAboutPlanning 08/13/1986PLANNING BOARD'S MINUTES AUGUST 13, 1986 Present: Acting Chairman Quinn, Acting Clerk Sohn Planners: Annino, Boldrighini*, Genatossio, Madan Planning Director Callinan 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report Correspondence Copy of a letter from Richard Callinan to the Master Plan Advisory Council regarding scheduled meeting of Wednesday, August 20, 1986. Letter from Peter Cavalieri & Sons, Inc. to the Planning Board requesting another meeting with the Planning Board with regard to "Chambers Court Subdivision". Municipal Assistance Request Form to update town base maps from SRPEDD. Letter to SRPEDD froin Planning Board notifying them of the selection of Linda Sohn as representative from Mansfield to the Southeastern Regional Planning and Economic Development District Commission. Letter to the Board of Selectmen regarding Application of Paul J. Folkman for a variance from the parking requirements for a lot at 28 Court St. A copy of a notice of public hearing from the Town of Foxboro to be held August 19, 1986. A copy of a notice of public hearing from the Town of Foxboro to be held August 19, 1986. A copy of a notice of public hearing from the Town of Foxboro to be held August 19, 1986. A copy of a notice of public hearing from the Town of Foxboro to be held August 19, 1986. A letter from the Attleborough Savings Bank regarding Pasco Construction Corp. Performance Guarantee balance for "Mansfield Manor". A copy of a notice of public hearing from the Attleboro Planning Board to be held August 18, 19860 A copy of court's decisions regarding dead-end streets submitted with reference to "Treetop Estates". Letter to the Planning Board from R & R Realty Trust authorizing the release of the balance of the performance bond for "Granada Park" Subdivision. -1- q-4 SEP 4p 44 Copy of a letter from Richard Callinan to the Master Plan Advisory Council regarding scheduled meeting of Wednesday, August 20, 1986. Letter from Peter Cavalieri & Sons, Inc. to the Planning Board requesting another meeting with the Planning Board with regard to "Chambers Court Subdivision". Municipal Assistance Request Form to update town base maps from SRPEDD. Letter to SRPEDD froin Planning Board notifying them of the selection of Linda Sohn as representative from Mansfield to the Southeastern Regional Planning and Economic Development District Commission. Letter to the Board of Selectmen regarding Application of Paul J. Folkman for a variance from the parking requirements for a lot at 28 Court St. A copy of a notice of public hearing from the Town of Foxboro to be held August 19, 1986. A copy of a notice of public hearing from the Town of Foxboro to be held August 19, 1986. A copy of a notice of public hearing from the Town of Foxboro to be held August 19, 1986. A copy of a notice of public hearing from the Town of Foxboro to be held August 19, 1986. A letter from the Attleborough Savings Bank regarding Pasco Construction Corp. Performance Guarantee balance for "Mansfield Manor". A copy of a notice of public hearing from the Attleboro Planning Board to be held August 18, 19860 A copy of court's decisions regarding dead-end streets submitted with reference to "Treetop Estates". Letter to the Planning Board from R & R Realty Trust authorizing the release of the balance of the performance bond for "Granada Park" Subdivision. -1- Planning Board's Minutes August 13, 1986 Page -2- Planning Director Callinan stated that he had sent a letter to the Engineering Department regarding "Granada Park". The Engineering Department's response was that they would have to analyze the Planning Department folder. Planning Director Callinan stated he would have to review inspection reports and review the "As -built" plan with the approved profile. Planning Director Callinan stated that he is recommending the Board take no action on the request for release of the performance bond at this time. The Board has forty-five (45) days to act on "Granada Park". Acting Chairman Quinn asked Planning Director Callinan at this time what decisions had been made on the Cavalieri issue. Planning Director Callinan stated that since the Board voted to have the deficiencies corrected in "Chambers Court" by August 20, 1986 and the parties of interest were notified of that, Mr.. Callinah feels-- that this- last-minute testing is out of order. Planning Director Callinan stated that Cavalieri* provided the testing and that he was the contractor for the subdivision. Therefore, the Planning Director does not find it very convincing that Cavalieri did the testing, Planning Director Callinan feels the Board should proceed in assuming the bond on August 20, 1986, Acting Chairman Quinn stated that a letter should be sent to Cavalieri advising him that the Planning Board is in receipt of Cavalieri's letter which states the Board has chosen to take no action so that Cavalieri is aware that the Board has his letter and that there are no misunderstandings and the original decision stands. Planner Genatossio would also like to add that it was discussed at the testing that Al Andrews felt that the testing at this time wouldn't be a good idea. Planning Director Callinan stated that it could be added to the letter and also add that Al Andrews also mentioned that if there were to be any tests that the Town supervise and this was not done. Motion: To send a letter to Cavalieri notifying him that the Town would assume the bond for "Chambers Court" on August 20, 1986; that the Planning Board did receive Mr. Cavalieri's letter and that the original decision stands. Also mention that Al Andrews did not feel the time was right for testing and that if it was done, the Town should have supervised the testing. (Madan - Quinn) All in favor. Planner Genatossio stated a concern regarding minutes and correspondence not being produced quickly enough. Planner Genatossio mentioned that she understands that there is a lot going on right now but that minutes have not been received for quite some time and they are necessary to keep up with what has been going on at the meetings. She stated correspondence has not been sent out and Planner Genatossio feels that these are important issues. There are also public hearing transcripts that must be typed out. Planner Genatossio feels that possibly a letter should go to the Selectmen requesting extra clerical help for the Planning Board in order to do the work that the department has been inundated with due to the recent growth spurt in the community. Motion: To request extra secretarial help from the Selectmen in order to get transcripts to the Board, minutes to the Board and correspondence out. (Genatossio-Madan) All in favor. Planning Board's Minutes August 13, 1986 Page -3- Planner Madan asked the Planning Director if he thought this would be a help. Planning Director Callinan stated that he has discussed this with Rande Wilson and he stated that any new positions must be established at the Annual Town Meeting. As far as other departments pitching in, they are all pretty well strapped. Planning Director Callinan did discuss with Rande the part-time Board of Health secretary becoming full-time Community Development secretary so that half her time would be for the Board of Health and the other half for the Planning and Building Departments. As far as the Planning Board, they can make a recommendation to the Board of Selectmen and the Town Manager. Planning Director Callinan stated that as department head he would also have to send correspondence to support that. Planner Genatossio stated that she is making the motion only for the time period that is necessary to get whatever is in front of the secretary out. Planner Genatossio stated that she is not trying to create a new position. Planner Madan suggested that the Selectmen can figure out how to do it. Tell the Board of Selectmen that there is a need. Planning Director Callinan stated that the only question is who would pay for this extra help. Acting Clerk Quinn stated that the Board of Selectmen did ask the Planning Board if they could help (at the joint meeting of the various Town Boards and the Selectmen) in any way and Acting Clerk Quinn feels a letter is necessary to request this extra help. Acting Clerk Quinn mentioned a discussion he had with Planning Director Callinan regarding the interpretation by Don Schmidt regarding voting on plans when people are not present for the opening of a public hearing. Planning Director Callinan explained that last Friday, Marydee telephoned to inform the Planning Department that she would not be available for tonight's meeting. Realizing that certain plans had been extended only to tonight, Planning Director Callinan spoke with Marydee and told her that he believed her presence would be necessary. However, Planning Director Callinan told Marydee he would check with Don Schmidt. Don Schmidt stated that the courts have ruled that in special permit cases, because the special permit is a highly discretionary permit, that Planning Board members, or Zoning Board of Appeal members, whoever is authorized, must be at the opening of the public hearing in order to render a decision on that particular case. They must be familiar with all the facts in the case in order to make a rational decision. Don believes that an argument can be made that, since subdivisions are a relatively mechanical process, governed only by specific rules and regulations of the Board, any Planning Board member can vote on a particular plan without being present at the beginning of a public hearing. Planning Director Callinan feels this resolves a lot of problems with covenants and deeds, etc. Planner Genatossio asked Planning Director Callinan if Don Schmidt's opinion was one which was not based on a court decision. Planning Director Callinan stated the Special Permit case was the "Mullins Case". Don Schmidt has written about this in "Land Use Manager". In subdivision cases,,, Don stated that the courts have not ruled. Since Don works with both Legislature and to some degree the courts, he feels fairly competent in stating that Planning Board members do not have to be there. Acting Clerk Quinn stated that it is an internal rule, or the policy of the Board, and could be changed by the Board. ISIM Planning Board's Minutes August 13, 1986 Page -4- Planner Madan asked if the Planning Board had ever operated that way in the past. Planner Genatossio stated that under Chad Maurer, the Planning Board did not operate this way. At that time, whoever was present at the vote of approval, voted on plans. Planner Genatossio stated that it was not until Joe Mannarino that it was changed to only those present at public hearings could vote on plans. Planner Boldrighini asked if now, what Planning Director Callinan is saying, that Board members do not have to be at a public hearing to vote. Planning Director Callinan stated that it seems to be a case where the court rules on a special permit and everyone assumed it must apply to subdivisions as well and that is not what the court has rules. Planner Genatossio asked if everyone had a copy of the Planning Board's policies and procedures which states what has been adopted by the Planning Board and how procedures should be followed for certain instances. Planner Genatossio feels that this policy could be added to the Planning Board's procedures. Motion: To adopt the policy that any member of the Planning Board may vote on subdivision approval, which does not require a special permit, even if the member is not present at the opening of a public hearing. (Genatossio - Madan) All in favor, 3. 7:50 P.M. - "Forest Park" - The Broderick Corporation - Environmental Impact Statement Ed Broderick was present for The Broderick Corporation along with his consultant., Peter Wells. Mr. Broderick stated that after his presentation of the "Forest Park" Preliminary Plan on July 23, 1986, he understood that the Board discussed asking Mr. Broderick for an Environmental Impact Statement. Therefore, The Broderick Corporation would like to propose to the Board a list of Impact Statements that Mr..-,IBr.o'derickl',Mould ,Tike to do for "Forest Park". Planner Genatossio asked Mr. Broderick if the seven months had passed for the preliminary plan. Acting Chairman Quinn noted the date of filing for this preliminary as March 21, 1986. Planner Genatossio stated that the impact statement was something the Board requested because there may be certain things being requested for "Forest Park" which come under the new Subdivision Rules and Regulations. Mr. Broderick stated that he was not sure because he was not present at the time the Board discussed the Environmental Impact Statement. Mr. Broderick stated that the Definitive Plan is well under way and he wanted to address any needs of the Environmental Impact Statement. Acting Clerk Quinn asked if Mr. Broderick was asking for waivers from certain regulations such as a sidewalk on just one side. Mr. Broderick stated he thought this was so, but again, he was not present when the Board discussed the Environmental Impact Statement. He stated that the waiver would be for one sidewalk on a secondary road. Planning Director Callinan asked if there would also be one sidewalk on minor streets and Mr. Broderick stated this was correct. At this time Mr. Wells gave copies to the Board of his Environmental Impact Statement. Planner Genatossio asked if this included everything the Board requires and Mr. Wells stated that they had done most of the items required. Mr. Wells stated that he had met with Planning Director Callinan who had highlighted certain aspects of the Impact Statement Planning Board's Minutes August 13, 1986 Page -5- that he felt were most appropriate to this project. Mr. Wells stated that he did his own analysis as to what they feel i ^ s in the Town's interest in this project versus some of the aspects he feels are not quite so important. What he is proposing to give the Planning Board is most of the items on the list, but a few that, #1 -'are not that important because of the elite features of the site; #2 - will require a lot of investigation on their part which would be expensive and not that productive. Mr. Wells stated that one of the concerns is the fact the subdivision is close to the Wading River and they are proposing to analyze surface water and soils in some detail. Mr. Wells stated that careful drainage studies have been done and wetlands investigations are done. Also, Town services will be addressed along with traffic studies. Mr. Wells stated that the main thing being omitted is the subsurface investigation, primarily because the site is fairly flat, close to the water table with very good gravely soil. Mr. Wells also stated that some of the requirements under Section 2.2 regarding construction as the construction is taking place to prevent erosion and sedimentation, will be discussed with the Conservation Commissions Planner Genatossio stated that she would like to give Mr. Broderick and Mr. Wells specific information that is needed in order to make a judgement on what impact this is going to have to the community. Planner Genatossio feels that previous impact statements submitted to the Board did not have enough information. Planner Genatossio stated she tends to disagree with Mr. Wells on subsurface conditions and does not feel that the site is relatively flat. The Board walked the site and there are undulations many times in that particular site. The Board looked at a gravel pit. There were kettle holes. Referring to Mr. Wells' statement that septic systems will work, Planner Genatossio stated that this site is on an aquifer and the Board will need information regarding what the septic systems will do to the ground water. She feels that this is something that should be seriously looked into. Planner Genatossio also stated that there will be removal of unsuitable materials for roadway or the septic system and the Board needs to know what is going to be removed. What cutting and filling will be done on the road? How much will be done? Mr. Wells stated that, although he agrees with much of Planner Genatossio's statement, some of the specifics such as taking a lot of percolation tests, they are not prepared to do at this time. Planner Genatossio pointed out that percolation tests would have to be done for the Board of Health. Planner Genatossio would like to have the applicant put subsurface conditions back into the EIS along with any comments that the Board has regarding subsurface conditions. Planner Madan does not feel that this is necessary because the applicant cannot build on the lots until the percolation tests are done. Planner Genatossio explained that the EIS would go to all Boards and whatever is in the EIS would help the other Boards make their decisions. Planner Madan does not feel that this is necessary for the Planning Board to make a decision. Planner Genatossio stated that the Board needs to know what soils are there for roadway construction. Planner Annino feels that it is necessary also, and will be needed for drainage as well. Acting Chairman Quinn stated that this is only a request of the Planning Board, that it is not a mandate requirement to have an Environmental Impact Statement because this subdivision is under the old regulations. If the applicant refuses to -5- Planning Board's Minutes August 13, 1986 Page -6- to do an Environmental Impact Statementthe Board may enforce the old regulations in their entirety if they so choose. Planner Annino asked the Planning Director what he felt the value would be to have the applicant do this EIS. Planning Director Callinan stated that the perc test would have to be done under the old Rules and Regulations if there are detention or retention basins. The soil survey would also have to be done. Planning Director Callinan stated that he believes the applicant is proposing to drain into wetlands areas. As far as perc tests on the particular lots and the effects of septic systems on the groundwater quality, the Board of Health is only determining the perc rate and not the effect of septic systems on the groundwater table. Planning Director Callinan stated that definite answers could prove to be very expensive and, to some degree, would be of limited help. Motion: To recommend that the Applicant put back in the EIS subsurface conditions and any comments that the Board has further to request of the Applicant under subsurface conditions for "Forest Park" subdivision. (Genatossio-Annino) Acting Chairman Quinn, Acting Clerk Sohn, Planners Boldrighini and Madan Opposed. FAILS. Planner Genatossio stated that she has a number of concerns to be addressed in the EIS and would like to know if Mr. Broderick will be doing the EIS. Mr. Wells stated that as a compromise, if Planner Genatossio or any of the Board members have detailed items that should be included, he asks that this detailed list be forwarded to Planning Director Callinan or Mr. Broderick. -Planner Genatossio asked if the detailed list would be addressed if she supplies one to Mr. Broderick. Mr. Wells stated that in general the items would be addressed. If anything,was way out of line, Mr. Wells would like the opportunity to speak to the Board again. Planner Genatossio feels that the Board should be specific when asking for a description under EIS and that Mr. Broderick's interpretation of a description could be different from that of the Board. Planner Madan feels that a list should be given to Mr. Broderick of the detailed items to be addressed in the EIS. Planner Boldrighini suggests that Planner Genatossio write all the information she feels is required and the Board should discuss the list before it is given to Mr. Broderick. Planner Genatossio agrees to compile a list which will be typed and mailed to the Planning Board members before the next meeting so that a discussion may be held regarding the EIS from Mr. Broderick. Acting Chairman Quinn requests that a copy be sent to Mr. Broderick before the meeting of August 27, 1986 so that Ed may review it as well. Planning Director Callinan stated that as far as the traffic flow for EIS, Mr. Broderick will be using the "trip generation", etc. in accordance with the Institute ,of _Traff is _ Engineering standards. The same thing would hold true for population projections there are standards and models to be used. Planning Director stated these are some of the things that will be needed to give the Board a good idea, are low cost, but at the same time will give the Board something to research. Planning Director Callinan stated that soil erosion recommendations should also be cited. I Me Planning Board's Minutes August 13, 1986 Page -7- 4. 8:20 P.M. - Public Hearing "Robinson Estates" Definitive Subdivision Plan Acting Chairman Quinn opened the public hearing for "Robinson Estates" Definitive Subdivision Plan at 8:20 P.M. At 9:05 P.M. this public hearing was continued to August 27, 1986. (Tape of hearing on file at Planning Dept. Office.) Motion: To accept an extension of "Robinson Estates" until August 28, 1986. (Boldrighini - Madan) All in favor. PASSES. Motion: To give applicant a waiver for a 24' pavement. (Genatossio - Madan) All in favor. PASSES. The following people spoke at this public hearing: Mr. Garrett Splaine, Attorney for the Applicant. Mr. Christopher Yarworth, RIM Engineering. Mr. Carlton Shepard, 1200 West Street, Mansfield. Mr. Dumaine, 29 Pine Street, Mansfield. 5. 9:15 P.M. - Continuation of Public Hearing "Northridge Estates". Acting Chairman Quinn continued the public hearing for "Northridge Estates" at 9:15 P.M. At 10:00 P.M. this continuation of the public hearing was continued to August 27, 1986. (Tape of hearing on file at Planning Department. --- Office.) Motion: To accept an extension of "Northridge Estates" until August 29, 1986. (Madan - Annino) All in favor. PASSES. Motion: To request assistance from Town Counsel on Grandfathering of the Form A lots for "Northridge Estates" - Lots I through 6 - and to verify that they have been duly recorded and the dates they were recorded. Town Counsel to respond in writing to Planning Director Callinan by August 27, 1986. (Madan - Annino) All in favor. PASSES. Mr. Christopher Yarworth, RIM Engineering was present for this hearing. 6. 10:00 P.M. - Continuation of Public Hearing "Treetops" Acting Chairman Quinn continued the public hearing for "Treetops Estates" at 10:00 P.M. At 10:35 P.M. this continuation of the public hearing was continued to August 27, 1986. (Tape of hearing on file at Planning Department Office.) Motion: To accept an extension of "Treetops" until August 29, 1986. (Madan - Annino) All in favor. PASSES* The following people spoke at this public hearing: Mr. Garen Bresnick, Attorney for the Applicant. Mr. Ralph Maloon, RIM Engineering. -7- Planning Board's Minutes August 13, 1986 Page -8- 7. 10:35 P.M. -"Eastleigh Estates North"- Preliminary Plan Mr. Robert Currivan, Applicant and Mr. James Dunn, Dunn Engineering, were present for the discussion of "Eastleigh Estates - North", a 62 lot subdivision, Mr. Dunn explained the roadway system, to require that the water line run in from East Street over to land on the southerly side owned by Mr. Currivan. The drainage system, or storm water runoff will follow the same route. One road is 2600' and the other is 2100'. There are Form A lots on this plan and, as with "Northridge", the Board asked if they have been recorded. Mr. Currivan stated that they had been recorded and he can present the deeds to the Board. Planner Madan asked where the water would be coming in and Mr. Currivan explained that it would be coming in from East Street across Rte. 106, Mr. Dunn stated there is a potential of looping into the Folkman development as well. Planner Genatossio asked Mr. Dunn if "Eastleigh - South" will be developed at the same time as "Eastleigh - North" so that the water will hit both subdivisions. Mr. Dunn stated that the water would be brought up to the road for "Eastleigh - South". Acting Clerk Quinn asked Mr. Dunn if he had heard the discussion for "Northridge" regarding acceleration and deceleration plans. Mr. Dunn had not heard this discussion and a copyof-Planning_Di-rect-or---Ca-l-linan'-s--Istatement regarding "Northridge" will be given to Mr.. Dunn. Planner Genatossio asked if it would be possible to change the plan so that the homes facing Rte. 106 could possibly have a road going behind them with the fronts of the homes facing this street rather than Rte. 106. Mr. Currivan stated that there is a concern with the access onto Rte. 106 and there has been some consideration given to Planner Genatossio's suggestion. Planner Genatossio also asked about swamp land in the area. Mr. Dunn stated that the roadway network changes a bit because it would take the cooperation of abutting landowners. They are not in total agreement, but Mr. Dunn said he has some basis to work with to reach an agreement. What Mr. Dunn proposes to do is bring a road in, avoiding the swamp area and looping it around through land of Jess Realty. Mr. Dunn showed the Board where this particular roadway would be located and how it would work for traffic circulation as well as water mains, Mr. Dunn explained that at the same time, there would be more curbal linear roads.- Mr. Dunn and the Board viewed the plan at length discussing location of roads and proposed homes to be built. Mr. Dunn explained location of driveways and where the water lines would -cross Rte. 106, Planning Director Callina'n asked Mr. Dunn if the idea of having, instead of two, only one access way in. Mr..Dunn stated that he is still sensitive to the problem of having the development occur on a timely basis and is afraid of ending up with a very long road. Planner Genatossio asked Mr. Dunn about the high berm on this subdivision plan. Mr. Dunn explained that the berm showing on the plan would act as a buffer for the roadway. Acting Chairman Quinn asked Mr. Dunn if he felt the need for an island in this roadway, or a divider. Planning Director Callinan and Planner Genatossio do not feel there is a need for one. Planner Sohn asked if the road would be wide enough for traffic to enter the subdivision without causing problems for people going straight on Rte. 106. Planning Director Callinan stated that the passing zones on Rte. 106 might have to be changed. Planning Director Callinan asked about the lining up proposed roads with "Easterly Estates - South" to minimize the intersections, Mr. Dunn explained that there would only be one intersecting road to "Easterly Estates - South".. (Planner Boldrighini left the meeting at this time - 11:00 P.M.) Planning Board's Minutes August 13, 1986 Page -9- 8. "Witch Pond Estates" - Discussion of Road Length Requirement Mr. Bernard J. Monbouquette, Attorney, representing the applicants, Mr. Zoppo and Neponset Associates. He stated that the Board voted in July to deny the preliminary plan for "Witch Pond Estates" for two reasons. Mr. Monbouquette stated that they would like to ask the Board for further thoughts on one of these points. Initially, the two reasons were length of roadway and whether or not it was a deadend street or a thoroughfare and secondly, the need for other than one access into the subdivision. Mr. Monbouquette asked the Board for their thoughts on whether or not the street is a deadend or a thoroughfare. Mr. Zoppo had requested that Mr. Monbouquette research case law for a similar case. Mr. Monbouquette found a case in 1974 in Westboro called "Sparks". An appellate established the definition in the case of a deadend street as that of being a single roadway without connection at the far end to another roadway. He explained that if it was not a deadend street it was called a thoroughfare. The plan involved in that case showed a single road with a "T" at the top, The Court ruled that it was not a deadend street if there was a connection at the top. Mr. Monbouquette referenced the Subdivision Rules and Regulations regarding deadend streets. He does not feel that Mr. Zoppo's roads do not come under the definition of "Deadend Street" under the Rules and Regulations. Mr. Monbouquette mentioned his concern with the two paragraphs, 5A and 5B and asked if this was amended in 1986. Acting Chairman Quinn stated that this issue was discussed at the last meeting of the Planning Board and these paragraphs remained the same. Planner Genatossio stated that there was a change to 5B,- the addition of the landscaped island in the middle of the turnaround. Mr. Monbouquette stated that after a quick look at the Registry of Deeds, he did not find the new amendment recorded and that it would not be valid until it is recorded. Planning Director Callinan informed Mr. Monbouquette that the Planning Department has a signed receipt from the Registry of Deeds. It was explained to Mr. Monbouquette that "Witch Pond Estates" is, essentially, still under the old Rules and Regulations. Mr. Monbouquette stated that the point he would like to raise for the Board's attention and hopefully discussion would be the reference to the Spark's Case. He stated that the judge on the Spark's Case stated that there really isn't a definition in Massachusetts Law as to what a deadend street is. Using the Spark's Case, Mr. Monbouquette does not feel Mr. Zoppo has a deadend street in this situation. Acting Chairman Quinn asked Mr. Monbouquette if he was aware of the Intent of limiting deadend streets. Mr. Monbouquette stated he was not aware of the Intent and Acting Chairman Quinn explained that the Intent is public safety - providing for adequate access by police and fire departments. Mr. Monbouquette stated he is limiting comments by the Board to their reaction to the Spark's Case, copies of which were made available to the Board. Planner Genatossio explained that the Board had just received their copies of the case this evening and had not had adequate time to review it. Mr. Monbouquette asked the Board for their review of the Sparks Case directly as it applies to "Witch Pond Estates" and for the Board's opinion. Acting Chairman Quinn asked if Mr. Monbouquette would like the Board's opinion at this meeting, in writing at a later date or verbally at a later date. Mr. Monbouquette stated that he would like to be able to re -draw the plan and the issue of the deadend street would have to be addressed properly before the plan can be re -drawn and would like the Board to meet with Town Counsel and read the case and advise the applicants of the decision. 1 Planning Board's Minutes August 13, 1986 Page -10- Planner Annino stated that even reading the Sparks Case extensively he still would not be convinced that the "Witch Pond Estates" road is not a deadend street. He feels there is a big issue regarding public safety. Planner Annino feels it is a dangerous situation, a large road going into this subdivision; a good amount of vehicle trips per day; the road is going over a river so that there would be need of a bridge. Planner Annino feels that if the bridge ever went out, there would be intense problems with the subdivision. Mr. Monbouquette stated that this is the other issue and he is not asking for review on tonight. Acting'Chairman Quinn asked if anyone else had thoughts on this or if the issue should brought to an end now or if the Board should think this over and speak to Town Counsel. Planner Genatossio does not feel the need to speak to Town Counsel regarding this issue. She mentioned that the Board has already voted and the decision should stand. Planner Madan agrees as does Planner Sohn. Acting Chairman Quinn stated that he is competent that is a deadend street. Mr. Monbouquette does not feel that this meets the definition which is in the byline. Planning Director Callinan stated that under Section 4, 2.f. "Streets shall be laid out so as to intersect at intervals in a range of six hundred feet (600') to twelve hundred feet (1200') in length, unless otherwise specified by the Planning Board. In special instances, the Planning Board may approve an easement for a future street in lieu of actual construction of a cross street." Planning Director Callinan stated that there are similar cases. However, the streets are connected to adjoining subdivisions. Acting Chairman Quinn asked the Board if anyone would care to make a motion to reconsider the definition of the length of road. No motion was made and Acting Chairman Quinn stated that the Board would not reconsider the original decision. At this time, Mr. Zoppo approached the Board and asked where he could find the definition of the "Intent". Mr. Zoppo stated that other communities cite a different definition of "Intent". Acting Chaiman Quinn stated that the Board could give him a copy of the definition in the Subdivision Rules and Regulations located on Page 22. 9. "Form A" (ANR) Plans The Folkman Co., Inc. - Columbus Avenue The applicant of this "Form A" (ANR) Plan is The Folkman Co., Inc. This "Form A" Plan consists of a parcel of land on the Westerly side of Columbus Ave. bounded as follows: Northerly by Lombardi, Easterly by Columbus Ave., Southerly by Court Street and Westerly by the Town of Mansfield. The reason this plan does not constitute a subdivision is because lot'has sufficient area and frontage on a public way as required by zoning. The checklist is complete. Motion: To sign the "Form A" (ANR) plan for The Folkman Company for land on Columbus Avenue. (Genatossio - Sohn) All in favor. PASSES. The Broderick Corporation - Lancelot Lane The applicant of this "Form A" (ANR) Plan is The Broderick Corporation. This "Form A" Plan consists of a parcel of land (containing 12 lots) on the northerly side of Williams St. and on the easterly side of Tremont -10- Planning Board's Minutes August 13, 1986 Page -11- Street bounded northerly by land of Shortsleeves, easterly by land of the Broderick Corporation and southeasterly by land of Wieczorek. The reason this plan does not constitute a subdivision is because lots have sufficient frontage on Planning Board approved roads. The checklist is complete with the exception of Number 14 and Number 8 which is not applicable. Motion: To deny the "Form A" (ANR) plan because existing structures were not shown on the D--lan.- (Annino - Genatossio) All in favor. PASSES. The Broderick Corporation - King Arthur Way The applicant of this "Form A" (ANR) Plan is The Broderick Corporation. This "Form A" plan consists of a parcel of land with frontage on King Arthur Way and Lancelot Lane, bounded easterly by land of Smith, and land of Pillsbury, southerly by lands of Burke, Wieczorek, and the Broderick Corporation, westerly by land of the Broderick Corporation and northerly by Lancelot Lane and land of the Broderick Corporation. The reason this plan does not constitute a subdivision is because lots have sufficient frontage on Planning Board approved roads. The checklist is complete with the exception of Number 14 and Number 8, which is not applicable. Motion: To sign the "Form A" (ANR) plan for The Broderick Corporation for land on King Arthur Way. (Genatossio - Annino) All in favor. PASSES. The Broderick Corporation - King Arthur Way & Lancelot Lane The applicant of this "Form A" (ANR) Plan is The Broderick Corporation. This "Form A" plan consists of a parcel of land (containing five lots) on the westerly side of King Arthur Way and the northerly side of Lancelot Lane, bounded southeasterly by Lancelot Lane, easterly by lands of the Broderick Corporation, Gordon H. and Katherine Y. Shortsleeves, and J. P. and Martha B. Smith, northerly by land of the Broderick Corporation and easterly by King Arthur Way. The reason this plan does not constitute a subdivision is because lots have sufficient frontage on a Planning Board approved road. The checklist is complete with the exception of Number 14 and Numbers 8 and 11 which are not applicable. Motion: To sign the "Form A" (ANR) plan for The Broderick Corporation for land on King Arthur Way and Lancelot Lane. (Madan - Annino) All in favor. PASSES. Susan Brown - Otis Street The applicant of this "Form A" (ANR) Plan is Susan Brown. This "Form A" plan consists of a parcel of land on the northerly side of Otis Street, bounded southerly by Otis Street, westerly and northerly by land of the Town of Mansfield and easterly by land of Susan Brown. The checklist is complete with the exception of Numbers 8 and 11 which are not applicable. Motion: To sign the "Form A" (ANR) Plan for Susan Brown for land on Otis Street. (Annino - Madan) All in favor. PASSES. -11- I Planner Madan asked Planning Director Callinan if Town Counsel has responded to the Planning Board's letter regarding "Fieldbrook". Planning Director Callinan stated that he has asked Town Counsel twice for his response and told him that the Court gives him a certain amount of time to.respond. Planner Madan would like Planning Director Callinan to find out when this response is due. The Planning Director agreed to do this. Planner Genatossio stated that she would like to call to the Board's attention a letter that was sent from Richard J. Callinan to the Planning Board on 3/17/86 regarding subdivision approval. Planner Genatossio stated she thinks the Planning Director brings out a good point on the first page of this letter regarding approval or denial of a plan, or conditional approval of a plan. The Planning Director's letter states "in our approval of a plan, the Board could say that if an applicant fails to comply with conditions within the twenty (20) days thereafter, this would result in automatic denial of the plan." Planner Genatossio feels this would be a good practice for the Board to get into because of situations the Board has run into where plans have gone on and on after the twenty day appeal period. It is up to the applicant to make sure the changes necessary to approve the plan are made within the twenty (20) days. If the applicant does not think he can get it done, then the Board should not hold up the plan approval for the applicant's benefit. It should be stated as part of the conditional approval that if the applicant doesn't come up with the changes within the twenty (20) day period, then the plan will be denied. Planner Genatossio stated that this was not done for Massapoag and she feels the Board should be consistent. Planner Genatossio stated that she had reviewed the EIS statement for Paul Folkman and the request made by Planning Director Callinan for Kelton Potter's EIS and found that the Planning Director required different things of both applicants. Planner Genatossio stated she feels the Board needs to be consistent. Planning Director Callinan did not require certain items of Mr. Folkman that were required of Mr. Potter and Planner Genatossio feels that this is something the Board should be careful of so they are not deemed arbitrary in how people are handled. Acting Chairman Quinn stated that perhaps, in everyone's best interest, a copy of a properly filled out EIS could be acquired to use as a sample for applicants. Planning Director Callinan stated that the State and Federal Government require EIS's and can be twenty, twenty-five or one hundred pages long depending on what is being requested. Acting Chairman Quinn asked if any towns in this area use EIS reports. Planning Director Callinan stated he believed North Attleboro or Attleboro uses them. Planner Genatossio stated Easton uses them. Acting Chairman Quinn asked if the Planning Director could request a copy of a properly filled out EIS statement. Planner Madan stated he does not think it is fair to ask an applicant of a small subdivision for information that is not needed just because the Board is asking the same of another subdivision which might be much larger. Planner Genatossio stated she believes that Mr. Folkman's subdivision is comparable to Mr. Potter's. Planner Sohn asked if the Board should consider revising the regulations to be more specific where the EIS is concerned. Planner Genatossio stated it could be looked into but the information the Board is requesting is not something out of the scope of the EIS written in the regulations. -12- Planning Board's Minutes August 13, 1986 Page -13- Planner Genatossio stated she would like to make it more definite how the Planning Board handles preliminary plans, scheduling site walks, looking at comments from department heads, etc. She would like to see a schedule or procedure to be followed written into the policy statement about preliminary and definitive plans. Planner Genatossio feels this would alleviate the problem of public hearings being continued week after week because department head comments are not available or because the Planning Board is seeing a plan for the first time. Planner Genatossio has a list of suggestions which she would like to discuss with the Planning Board. This list will be written out and given to the members of the Board to be discussed at a later date. Planner Genatossio brought to the Board's attention a proposal for the development of a public walk-way/greenway that was presented to the Downtown Advisory Committee on February 27, 1984 by various people on Court Street, Columbus Avenue area. This is the area Paul Folkman is proposing to put town parking. Planner Genatossio was a member of the D.A.C. when this proposal was presented and stated that the person who presented this proposal was given a hearty pat on the back by D.A.C. for such a wonderful proposal and ideas and the research that he put into this proposal. Mr. D'Onofrio, who was selectman at the time, gave it a hearty approval. Mr. Siefert, who was Chairman at the time, gave it a hearty approval. All of this led to the appointment of Mr. Kevin McNatt to the D.A.C. Mr. McNatt speaks about easements that were granted for the Bonwood Corporation and the Housing Authority for the use of that particular parking area that belongs to Bonwood and the Housing Authority solely. Planner Genatossio stated that Mr. Saunders' is a variance on an existing parking area so there is no need for an easement, Mr. Folkman would need an easement along the right-of-way because there was none granted at any Town Meeting for the use of the right-of-way. Motion: Send a copy of this proposal to the Board of Selectmen along with a letter stating the fact that this was presented to the D.A.C., of which Mr. D'Onofrio was a member, and that easments have not been granted through Town Meeting vote for the use of right-of-way from Court to North Main and that it would be necessary for an easement to be granted to Mr. Folkman for the use of that parcel of land as it has been done in the past for other developers. (Genatossio - Annino) All in favor. PASSES. Planner Genatossio asked the Board if anyone was aware of the excavation going on across from D'Angelo's on the old Rte. 140 and she 'questioned the zoning for the area - residential or business. If it is business, Planner Genatossio stated she would hope that there is a site plan for this. Acting Chairman Quinn stated he would make it a point to go by the area and check out this site. 11. Public Discussion Joseph Zeneski, 842 East Street - The Board made a request of Town Counsel. Planning'Director Callinan is going to go direct to Town Manager and Mr. Zeneski stated that normal procedures call for the request to be made through the Board of Selectmen. Mr. Zeneski stated he has made the statement before -13- Planning Department's Minutes August 13, 1986 Page -14- that he does not feel it is- unfair to question Town Counsel's response time and expertise in some areas. Mr. Zeneski feels the Board should request special legal counsel as was done for the Special Permit for Foxboro Terminal's. The Town is using special counsel to research the title for the Library building. There is precedence for having other than Tbwn',,*.C-ounse-l., do the work. Acting Chairman Quinn stated that the way finances are set up, the Town has always been split with Town Counsel expense and Town Counsel allowance. Town Counsel allowance is designated to be for the Town Counsel's retainer and the estimate of the work. The Town Counsel expense is for outside Town Counsel which Acting Chairman Quinn believes can be authorized by the Town Manager or perhaps the Board of Selectmen. Acting Chairman Quinn suggests that a letter be sent to Town Manager requesting outside counsel. Planner Genatossio feels that the letter would need to be very explanitory to the effect that Mr. Dwyer's expertise may be in corporate law or business law and that zoning is an area that the Planning Board needs expert information in. Motion: Send a letter to the Town Manager, copy to the Board of Selectmen explaining concerns of the Board and the need of counsel with expertise in zoning laws because of the development that has been happening in Mansfield. (Genatossio - Annino) All in favor. PASSES. Mr. Zeneski stated that the letter that Planne.L. Genatossio requested to the Selectmen should be clearly noted that the authority to grant an easement can only come from Town Meeting for Town land, not from the Board of Selectmen. Planning Director Callinan stated that a letter had already been sent to the Board of Selectmen and Town Manager. Mr. Richard Caron, Conservation Constable, stated that he would like to see a member of the Conservation Commission present at the Planning Board meetings on a regular basis, not in any kind of voting capacity, but in an advisory capacity. Acting Chairman Quinn stated that the meetings are open to the public and Conservation would be welcome at any time, 12. Meeting adjouned at 11:55 P.M. RK DATE