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HomeMy WebLinkAboutPlanning 09/10/1986PLANNING BOARD'S MINUTES SEPTEMBER 10, 1986 Present: Chairperson Flynn, Clerk Quinn Planners: Annino, Genatossio, Madan, Sohn Planning Director Callinan 1. Meeting called to order at 7:40 P.M. 2. Clerk's Report Correspondence Letter to Marydee Flynn and John McNair from Kelli Spedden regarding progress of Master Plan Advisory Council. Letter to Marydee Flynn and John McNair from Kelli Spedden requesting the sum of $2500.00 for the Master Plan Advisory Council for secretarial assistance. Copy of letter to John McNair regarding schedule of meetings for Master Plan Advisory'Council. Minutes of Master Plan Advisory Council meeting of September 4, 19860 Copy of letter of resignation from Albert J. Boldrighini sent to the Selectmen. Motion: To send a letter to Mr. Boldrighini thanking -him fo'.r* :his '.dedication and contributions during the many years he served on the Planning Board. (Genatossio-Madan) All in favor. PASSES. Memo to the Planning Board from Rande Wilson regarding "Gift Account" for inspections. Letter to Judy Scott regarding Zoning changes. "Form J" for Hallett Crossing I to be initialled and notorized. Memo from Joseph J. Campo regarding "Shiloh *Estates". Copy of letter to Town Counsel from-R-ichard Callinan regarding lots divided by Zoning Boundaries. Copy of letter to Garen Bresnick, Attorney, regarding extension of time for "Treetops" until September 26, 1986. Copy of letter sent to Rande Wilson from the Planning Board regarding meeting rooms. Copy of letter sent to Joseph J. Campo from the Planning Board regarding three options made to developers by Mr. Campo. -1- Planning Board's Minutes September 10, 1986 Page -2- Letter from RIM Engineering withdrawing "Form A" (ANR) plan for Massapoag. Motion: To accept withdrawal of "Form A" (ANR) plan for Massapoag. (Quinn -Madan) All in favor. PASSES. Memo from Joseph Campo regarding "Shiloh Estates", "Highland Avenue" and Van Koert Farms" failure to turn in gravel slips needed to determine amount of gravel placed in existing subdivisions. News letter from Massachusetts Historical Commission* Copy of letter from Planning Board to Town Manager regarding secretarial assistance. Letter from Board of Selectmen to the Planning Board regarding Planning Board's request for Special Town Counsel. Copy of Interlocutory order regarding Bertram M. Cook vs. Norman Gray, Jr., satellite parking. Public Hearing Notices, Town of Easton, Planning and Zoning, to amend Zoning Map. Public Hearing Notice, Town of Foxboro, preliminary subdivision plan entitled "Whispering Pines". Public Hearing Notice, Town of Foxboro, Zoning Board of Appeals, Variances. Town of Mansfield, Zoning Board of Appeals, Statement of Facts on application of Jonathan L. Chilson. Petition granted. Town of Mansfield, Zoning Board of Appeals, Statement of Facts on application of Dave Murray. Petition Granted. Town of Mansfield, Zoning Board of Appeals, Statement of Facts on application of Clyde and Beverly Madan. Petition Granted subject to conditions. Town of Mansfield, Zoning Board of Appeals, Statement of Facts on application of Joseph E. Fillian. Petition granted. 3. 8:00 P.M. - Public Hearing - "Hallett Crossing II" Chairperson Flynn opened the public hearing for "Hallett Crossing II" Definitive Subdivision Plan at 8:00 P.M. At 8.-15 P.M. the public hearing closed for "Hallett Crossing II". The following people spoke at this public hearing: Mr. Edward Marchaselli, The Walmark Corp., applicant. Mr. and Mrs. Zeola (abutters - not listed on Assessor's List) Planning Board's Minutes September 10, 1986 Page -3- The following motions were made at this public hearing: Motion: To accept the withdrawal of the "Hallett Crossing II" Definitive Subdivision Plan to be resubmitted at a later date, and to accept applicant's request to apply the filing fee which has been paid to the resubmittal of this plan. (Quinn -Madan) All in favor. PASSES. 4. Correspondence (Continued) The Board discussed the memo from Town Manager relating to available funds for subdivision inspections. Possibility of a revolving fund was discussed at length. Questions were raised regarding Town Meeting approval for the "Gift Account". A discussion was also held regarding amount of funds contributed by developers to the "Gift Account". Planning Director Callinan explained that this money is used to hire consulting engineers to do inspections for the developers in, order to expedite inspections at the subdivision sites. Motion: To send a letter to the Board of Selectmen, Town Manager and the Finance Committee stating that the Planning Board suggests that the "Gift Account" stop immediately and that the Board supports actions to increase staffing levels if necessary. (Quinn-Genatossio) Planner Flynn in favor. Planners Sohn, Madan and Annino opposed. FAILS. Mr. Garen Bresnick, attorney for the applicant, "Treetops" approached the Board at this time relative to the Soil Conservation report for this subdivision, Mr. Bresnick stated that he and Ralph Maloon, RIM Engineering, are not pleased with this report and feel that many statements are were difficult to understand. Mr. Bresnick stated that he and Mr. Maloon will check the compensatory storage area which the Soil Conservation report states will be partially under water. Mr. Bresnick will work with Mr. Maloon over the next two weeks to improve the plan for "Treetops". Motion: To accept the request for an extension of "Treetops" until September 26, 1986. (Madan-Annino) All in favor. PASSES. The Planning Board reviewed Zoning Articles to be presented at Special Town Meeting as presented by Planning Director Callinan, for the Downtown District. 5. 9:00 P.M. - Continuation of Public Hearing - "Pine Terrace Estates" At 9:00 P.M. Chairperson Flynn continued the public hearing for "Pine Terrace Estates". At 9:53 P.M. this public hearing was continued until October 1, 19860 The following people spoke at this public hearing: Mr. Elliott Fine, Attorney for Kelton Potter. Mr. James Salem, Traffic Engineer. Planning Board's Minutes September 10, 1986 Page -4- Mrs. Margaret Carpeno 128 Branch Street, Mansfield, MA. Mr. Walter Volante, 7k Branch Street, Mansfield, MA The following motions were made at this public hearing: Motion: To grant a waiver f or road length f or "Pine Terrace Estates". (Quinn-Annino) Planners Madan and Flynn in favor. Planners Quinn, Sohn, Genatossio and Annino opposed. FAILS* (Chairperson Flynn stated at this time that she misunderstoon the motion and that she would like to go on record as being opposed to a waiver for the road length at "Pine Terrace Estates".) Motion: To accept an extension for "Pine Terrace Estates" to October 10, 1986 and continue the public hearing to October 1, 1986. (Quinn -Sohn) All in favor. PASSES. 6. 9:55 P.M. - Continuation of Public Hearing "Northridge Estates At 9:55 P.M. Chairperson Flynn continued the public hearing for "Northridge Estates". At 9:57 P.M. this public hearing was continued to October 10, 19860 Motion: To approve the extension of "Northridge Estates" to October 10, 1986. (Quinn -Madan) All in favor. PASSES* 7. 10:00 P.M. - Continuation of Public Hearing - "Eastbrook Estates" At 10:00 P.M. Chairperson Flynn continued the publiic hearing for "Eastbrook Estates". At 10:25 P.M. this public hearing was closed. The following people spoke at this public hearing: Van Hayhow, Attorney, representing the developer* The following motions were made at this public hearing: Motion: To not grant an extension should the applicant ask for one. (Quinn-Annino) All in favor. PASSES. Motion: To not ask the applicant for additional filing fees should he choose to withdraw the plan for "Eastbrook Estates" and resubmit at a later date. (Quinn-Annino) All in favor. PASSES. Motion: To approve withdrawal of the "Eastbrook Estates definitive subdivision plan. (Quinn -Madan) All in favor. PASSES. -4- Planning Board's Minutes September 10, 1986 Page -5- 8. 10:30 P -M- S "Concetta Drive" Motion: To hold a public hearing so that the waiver request that was made by the applicant after the plan had been approved be addressed at the public hearing, Chapter 41, 81W - Amend, modify or rescind. (Genatossio- No vote. Motion: To reconsider the issuance of a waiver for sight distance for "Concetta Drive". (Quinn-Annino) No vote* Motion: To reconsider the issuance of a waiver for sight distance for "Concetta Drive". (Quinn -Sohn) No vote Motion: To move the question. (Madan -Quinn) All in favor. PASSES. Motion: To reconsider the granting of a waiver or sight distance for "Concetta Drive". 1P (Quinn -Sohn) Planners Genatossio and Annino in favor. Planners Quinn, Madan and Sohn opposed. Chairperson Flynn abstains. FAILS. Motion: To hold a public hearing under Section 81W, for modification of Concetta Drive. , Sohn, Quinn opposed. Chairperson (Genatossio-Annino) Planners Madan Flynn abstains. Motion: To move the question. (Madan -Sohn) All in favor. PASSES. Motion: To sign the plan, "Concetta Drive". (Quinn -Madan) Planner Sohn in favor. Planners Genatossio and Annino opposed. Chairperson Flynn abstains. PASSES. At this time the Board held a lengthy discussion regarding signatures for Sohn si "Concetta Drive". Planners Quinn, Madan and gned this plan. A fourth signature is necessary to record this plan. Plan cannot be recorded. Planning Director Callinan will speak with Don Schmidt as to the legality of having former Planner Boldrighini return to sign this plan. 9. Preliminary Plans 0 "Oakland Place" plan is Mansfield Realty Trust, John F. Applicant for this preliminary p is for a three (3) lot subdivision located Tighe, Sr., Trustee. This plan off Oakland Street Motion: To deny "Oakland Place" preliminary plan due to lack of following information: 1. Existing railroad right-of-way. 2. Location of existing building not shown. 3. Length of pending road not shown. -5- Planning Board's Minutes September 10, 1986 Page -6- 4. Drainage easement should be on both property lines. 5. Lots one (1) and f ive (5) should be "Form A" (ANR) plan and not included in the subdivisions 6. Water bodies need to be shown. 7. Locus must be shown. (Annino-Genatossio) All in favor. PASSES* 10. Zoning Articles Article I, to be presented at Special Town Meeting, to amend Section III.G. of the Mansfield Zoning By -Law, changing lines 12, 13 and 15, was discussed by the Planning Board at this time. One issue discussed was removing the restriction of twelve (12) units per -acre from the downtown zoning article. The Board felt this type of discussion should be held at the public hearing for zoning articles* Motion: To support Article I for Special Town Meeting* (Annino-Genatossio) Chairperson Flynn, Planner Sohn in favor. Planners Quinn and Madan opposed. PASSES. Article II, to amend Section V -M of the Mansfield Zoning By -Laws by changing the third sentence in.the first paragraph was discussed* Motion: To support Article II for Special Town Meeting. (Annino-Sohn) Chairperson Flynn, Planner Genatossio in favor. Planners Quinn and Madan opposed. PASSES. Board discussed moving the downtown lot line to the storefronts. Planner Madan feels these issues should be addressed by the Master Plan Advisory Council* Special Town Meeting is scheduled for October 14, 1986* The Public Hearing for the Zoning Articles will be advertised for October 8, 19860 11. Variance Requests *Planner Annino left the meeting at this time.) Douglas Annino, 151 Tremont Street This variance request on the application of Douglas Annino is to erect a detached garage on a lot at 151 Tremont Street, said garage to be located in the front yard, which is non -conforming. Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Annino for Tremont Street. (Quinn -Madan) All in favor. PASSES. (*Planner Annino returned to the meeting at this time.) -6- Planning Board's Minutes September 10, 1986 Page -7- William 0. Bechtel, 58 East Street This variance request on the application of William 00 Bechtel is to operate a machine shop at 58 East Street, said use being non -conforming in a Residence C Zone. Motion: To send a negative recommendation to the Zoning Board of Appeals because this variance asks to derogate from the intent of the Zoning By -Law and that use is not allowed on the application of Bechtel for East Streets (Genatossio-Madan) All in favor. PASSES* The Folkman Company, North Main Street The secretary to the Zoning Board of Appeals submitted the wrong plan to the Planning Board for a recommendation for The Folkman Company for a Special Permit at North Main Street. Motion: Send a letter to the Zoning Board of Appeals requesting that they continue the public hearing for The Folkman Company for the Special Permit for North Main 'Street because the Planning Board is not able to review the site plan as they did not receive the plan. The Planning Board will comment at the next meeting. (Genatossio-Madan) All in favor. PASSES. 12. Master Plan Budget The Board held a discussion relating to the letter sent by Kelli Spedden requesting $2,500-00 for the Master Plan Advisory Council for secretarial assistance. Planning Director Callinan stated the Planning Board needed a more complete breakdown of how the money would be used. Planner Madan stated the monies would be used for secretarial assistance, postage, purchase of books, etc* Motion: To approve a sum of money for presentation at the Special Town Meeting to be used by the Master Plan Advisory Council for secretarial assistance, postage, etc. This sum to be decided by the Planning Director after review of the breakdown, with a maximum sum of $2,500.00 to be considered. (Genatossio-Sohn) All in favor. PASSES* Motion: To send a letter to the Master Plan Advisory Council notifying the MPAC that the Planning Board has submitted an article to Town Meeting for maximum of $2500-00 with legitimate breakdown as approved by the Planning Director. (Genatossio-Sohn) Chairperson Flynn, Planners Annino and Quinn in favor. Planner Madan abstained. PASSES. 13. Around the Table Aquestion was raised as to who is appointing members to the Master Plan Advisory Councils Planner Sohn had been approached by Kelli Spedden to represent the Long Range Planning Committee. The Board felt that too many members of the Planning Board on the Master Plan Advisory Council might create problems. -7- Planning Board's Minutes September 10, 1986 Page -8- The Board discussed the problems at "Golden Hills Homes" as a result of their site walk. Also, "Chambers Court" site walk was discussed* Mr. Steven Wright of Harrington and Matto will meet with the Planning Board September 17, 1986 regarding "Chambers Court". "Camelot Estatesif site walk was also discussed. At this time, there are no problems. Motion: To send a letter to Mr. Jim Mark., developer of "Golden Hills Homes" notifying him that the current filling of the 20 foot drainage easement along the north side of the development is not in conformance with the approved subdivision plan for this site and that the remaining surety for drainage improvements will not be released until this area has been excavated to a grade which resolves this problem* -(Genatossio-Sohn) Chairperson Flynn, Planner Quinn, Planner Annino Annino in favor. Planner Madan abstains. PASSES. The Board discussed the easement at "Canoe River Estates" Planner Genatossio asked if a "Form A" (ANR) had been submitted for the Mansfield Cooperative Bank. At this time no "Form A" had been submitted. Updating bonds for the subdivisions was discussed. Planning Director Callinan stated that Joseph Campo is working out a program on the computer to resolve this problem. Cabot Pond restoration was discussed. Delays have occurred due to severe rain storms which have weakened the earthen dam. Planner Genatossio requsted time on the agenda to discuss procedural rules for preliminary and definitive plans. Copies will be made available for Board members. The Board discussed the problem with plans coming before the Board week after week. Any member of the Board may tell the applicants if they are not prepared, they should not be coming before the Board. 14. Meeting adjo r ed at 12:15 A.M. CLEX