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HomeMy WebLinkAboutPlanning 10/15/1986PLANNING BOARD'S MINUTES OCTOBER 15, 1986 Present: Chairperson Flynn; Clerk Quinn Planners: Annino*, Genatossio, Madan, Sohn Planning Director Callinan I. Meeting called to order at 7:30 P.M. 2. Clerk's Report Copy of letter sent to Mr. Bert Cook from Mr. John Thompson, 92 Williams Street, regarding earth removal from "Camelot Estates". Letter to Planning Board from Philip Beatty regarding release of funds for "Shiloh Estates" in the amount of $5,832.00. Motion: To release $5,2832.00 for "Shiloh Estates" for satisfactory completion of road trees. (Genatossio-Madan) All in favor. Memo to John Dwyer from Richard Callinan regarding transcripts of public hearings. Copy of letter to Attleboro Savings Bank regarding release of funds for "Hidden Estates". Copy of letter to Richard Callinan regarding bonding for "Maplewood Estates II" from John Mahoney. C) Letter to Marydee Flynn from Bertram Cook regarding Mansfield Cooperative Bank Site Plan, Letter to Richard Callinan from Paul Folkman regarding application for public hearing for "Concetta Drive". Letter to Richard Callinan from Paul Folkman regarding application for pubclic hearing for "Wind Chime Acres". Memo to Richard Callinan from Albert H. Andrews regarding "Cedar Meadows" improvements. Bulletin from Metropolitan Area Planning Council regarding new publication entitled "Inclusionary Hous I ing and Linkage Programs in Metropolitan Boston". Budget report from Great Woods Center for the Performing Arts. Notice of the Fourth Annual Meeting of SEED Corporation, Public Hearing Notice, Town of Attleboro for Definitive Plan approval for Belair Realty Trust, -1- Planning Board's Minutes October 15, 1986 Page -2- Public Hearing Notice, Town of Attleborofor Definitive Plan application entitled "Willow Tree Estates". Legal Notice, Town of Foxboro, Board of Appeals Duoba, for variance for Peter Public Hearing Notice, Town of North Attleboro for approval of Definitive Plan entitled "Mount Hope Villasly, Master Plan Advisory Council report for September 1986. MINUTES Motion: To approve minutes of July 2, 1986 as written. (Quinn -Madan) All in favor. Motion: To approve minutes of July 9, 1986 as written. (Genatossio-Quinn) All in favor. Planner Genatossio asked Planning Director Callinan if there was a response to a letter written to Mr. Douglas King (motion made and recorded in minutes of July 2, 1986) regarding update of bond for "Canoe River Estates". No response has been received in the Planning Department office. Motion: To send another letter to Mrs Douglas •King stating that the Planning Board has been waiting since approximately Jul9 y , 1986 for a response to their letter and would appreciate a response to the letter written July 5, 1986. Present letter to be mailed "Certified - Return Receipt Requested". (Genatossio-Sohn) All in favor. Motion: To approve minutes of October 1, 1986 as amended. (Genatossio - Sohn) Flynn, Quinn in favor. Planner Madan abstains. The following amendments to be made to the minutes: Page 10, Item 113 Second Paragraph - Amend to read: Planner Madan asked if it would be possible for the .applicant to request "sections of the EIS be waived in the preliminary stage"...., and Planner Genatossio stated that the next item would be to hold an informal public hearing within thirty (30) days of submittal on all preliminary subdivisions to h el scope the EIS." Add after sentence ending with "not applicable": discussion was held reA garding Definitive review procedures. 3. 8:00 P.M. - Paul Folkman - Discussion ofConcetta Drive Mr. Folkman was before the Planning Board to request Public Hearing dates for both "Concetta Drive" and "Wind Chime Acres" for modifications of previously acted upon plans. Letters to Planning •Director Callihan, -2- Planning Board's Minutes October 15, 1986 Page -3- including applications for these public hearings, were read by Clerk Quinn. Motion: To schedule the public hearings for "Concetta Drive" and "Wind - Chime Acres". (Quinn - Madan) No vote taken at this time. The Board held a discussion regarding the legality of the public hearing and whether "Concetta Drive" actually is an approved plan. This plan had been approved with conditions and the concensus is that all conditions were not met within the twenty day appeal period, specifically the sight distance waiver. Originally the public hearings were to be held tonight, but were improperly advertised and cancelled. Mr. Folkman requested that the Board make their decision to hold a public hearing to discuss the problem of the sight distance waiver to give every- one the chance to make a decision on the waiver. (*Planner Annino entered the meeting at 8:30 P.M.) Motion: To hold the public hearing for "Concetta Drive" on Tuesday, November 18, 1986 at 8:00 P.M. To hold the public hearing for "Wind Chime" on Tuesday, November 18, 1986 at 8:30 P.M. (Quinn -Madan) All in favor. PASSES. At this time, Mr. Folkman stated that, as there is no official form for an application of this type and as he is trying to follow the guidance of the Planning Board and the Planning Director, if his use of the "Form C" and the letters submitted requesting the public hearings is not satisfactory, he would be happy to resubmit the forms in whatever form the Board would like. Planning Director Callinan stated that the request was properly submitted. The Board agreed that Mr. Folkman's request was satisfactory. Clerk Quinn* stated at this time that at the end of the public hearing for "Concetta Drive" the Board will request a waiver for the sight distance. Nothing else will be discussed. Should the waiver pass, the Planning Board will be approving the plan in its entirety. If the waiver does not pass, this would in fact, kill the plan in its entirety. Both would take a majority vote of Board members present for the hearing. Chairperson Flynn stated that she had received a phone call from Mrs. Carol Foss requesting permission to comment at this meeting. Mrs. Foss asked for clarification on why "Concetta Drive" was being called an approved plan when all the conditions were met. (Refer to attached transcript of this portion of tonight's meeting.) Planning Board's Minutes October 15, 1986 Page -4- 4. P.M. - Continuation of Public Hearing for "Treetops" opsly Chairperson Flynn opened the continuation of the public hearing for "Treetops" at 8:30 P.M. Mr. Garen Bresnick, Attorney for the applicant, was present for this hearing and requested an extension until October 31, 1986. Motion: To grant an extension for "Treetops" to October 31, 1986. (Madan -Sohn) All in favor. PASSES. Motion: To continue public hearing until October 29, 1986. (Madan -Sohn) All in favor. PASSES. Chairperson Flynn continued the public hearing at 8:45 P.M. until October 29, 1986. (Tape on file at Planning Department office.) Motion: To send a letter to the Town Engineer requesting comments be sent to the Planning Department regarding "Treetops" relating to the soil conservation. (Madan - Sohn) All in favor. PASSES, 5. .8:55 P.M. - Discussion of "Cedar Meadows" Clerk Quinn read a letter from Al Andrews regarding the deficiencies at this subdivision, Motion: To send a letter to the owner of the "Cedar Meadows" subdivision asking him to please address the problems listed in Mr. Andrews memorandum and include a copy of Mr. Andrews memo. (Madan - Sohn) All in favor. PASSES. The Planning Board will discuss the problems relating to this subdivision at a later date, 6. .9:00 P.M.- Public Hearing for "Cowan Meadow" Chairperson Flynn opened the public hearing for "Cowan Meadow" at 9:00 P.M. Persons speaking at this hearing: Michael Trowbridge representing Hutchins -Trowbridge. Steven Wright, Treasurer, Harrington & Matto Co., Inc. Robert Claf lin, Motion: To ask the applicant to provide an EIS on a paragraph by paragraph basis. If a section does not apply to him, he should request a waiver of a given sub -paragraph. (Quinn - Annino) All in favor, PASSES. Motion: To grant an extension for "Cowan Meadow" until October 31. (Madan - Quinn) All in favor. PASSES, Motion: To continue the public hearing to October 29, 1986. (Sohn - Quinn) All in favor. PASSES. Planning Board's Minutes October 15, 1986 Page -5- At 9:55 P.M. Chairperson Flynn continued this public hearing until October 29, 1986. 7. 10:00 P.M. - Joint Meeting with Building Committee Steven MacCaffrie acted as spokesman for the Building Committee. Also speaking at the meeting were Robert Saquet, Building Committee and Gail Farrugia, Council on Aging. The purpose of this joint meeting was to review the plans for the proposed Library/Senior Citizen Center. A discussion was held as to the best access to this building - off Hope Street or off Pratt Street. Sidewalks along Pratt Street, with the possibility of adding a crosswalk and crossing light, were also discussed. It was mentioned that the Planning Board reviews all plans for Town buildings, but only makes a report to the Board of Selectmen and the Town Manager. (*Chairperson Flynn left the meeting at 10:10 P.M.) Offsite improvements were discussed along with the cost of this project. There is a copy of this plan in the Planning Department. Motion: To send recommendations on off-site improvements as designated by Town Charter for possible future use by the Town. (Genatossio - Annino) All in favor. PASSES. 8. Meeting adjourned at 10:30 P.M. (This meeting was held in the Planning Department office due to the Selectmen's need for both meeting rooms this night.) CLERK 1�/rzl� DATE Planning Board Meeting Partial Transcript October 15, 1986 ADDENDUM TO MINUTES Page -I- Chairperson Flynn: Paul (Folkman), before yougo, Mrs. Foss called me this afternoon and was aware that you were going to be on the agenda and I told her that if she had some- thing interesting to say, or was 'concerned about some- thing, mainly becaue we are between hearings, that I would recognize her and see if she had any comments. Mainly because she is an abutter and I felt that it was important. Do you have any comment at all? Carol Foss: I would just, since we are clarifying everything, I admit a lot of these rules I do not understand... Clerk Quinn: Neither do we. That's why we are trying to clarify everything. Carol Foss: Okay. So, just bear with me. It will be easier for me to understand also. The letter which Mr. Callinan put out on the 27th said that you would only approve the road if it met all the conditions (relating to Concetta Drive), which are seven conditions. I just don't understand, since it did not meet the corner sight distance, it seems like the plan should have been disapproved. Chairperson Flynn: I think that is what Grace brought up. Carol Foss: Then why are we still going through it again and again? Chairperson Flynn: Because obviously it's a mistake that the Planning Board has made and perhpas it should be rectified since the Planning Board was in error. Carol Foss: And so, actually we do not have an approved plan and, Mr. Quinn, as you were saying, if the whole plan fails, we're not going to come back for a waiver on a waiver, or an amendment to something else and just keep beating this horse dead, Clerk Quinn: It is important that you know the Planning Board can waive regulations. The Planning Board does regularly waive regulations and the Planning Board is not allowed to be arbitrary and capricious in granting the waivers. If we normally grant these types of waivers under similar circumstances, we are obliged to grant them sooner or later. A typical waiver - but something different - that we are not obliged to grant the waiver. That's what we call the gray area. Carol Foss: I see, -1- Planning Board Meeting Partial Transcript October 15, 1986 ADDENDUM TO MINUTES Page -2- Clerk Quinn: If we decide we don't like Paul Folkman this week, and we don't approve his waiver, he has the right to go to Superior Court and say that we are being arbitrary or capricious, because we have granted similar waivers in the past that are the same..... Carol Foss: Set a precedent. Clerk Quinn: And then we have a precedent. So this is not as clear cut and dry as one might think. Chairperson Flynn: Further clarification of Mr. Quinn's clarification* This Planning Board, since I have been on it, has never been accused of being capricious and arbitrary - has never. And, the waivers . that we have granted in the past have been few and far between. They have only been very recently since we've become concerned with the water protection district and acquifer and any waiver, generally, that we have granted, has been with, concerning, the, street width and we have felt that it has been in the best interest of the Town. Planner Genatossio: Excuse me. It is written down somewhere. Chairperson Flynn: But just to say that we have a precedent of granting waiver after waiver - not a subdivision rule. Clerk Quinn: I approved, have seen, a number of waivers since I have been here. Planner Genatossio: No you haven't. No - haven't. Clerk Quinn: Thank you. I'm lying then. Thank you very much. Chairperson Flynn: Okay, let's ... Carol Foss: Could I just follow that Planner Genatossio: It is in 81R of the General Laws that waivers can be granted. Carol Foss: If it is granted, do you give us the reasons why it's granted or just because you feel you want to grant it. Specific reasons. Planner Sohn: We have to have good reasons NOT to grant it. Plannter Genatossio: Can I read the Law? -2- Planning Board Meeting Partial Transcript October 15, 1986 ADDENDUM TO MINUTES Page -3- Carol Foss: In the same, you should have good reasons why you are granting it, not just because you have a precedent or because you feel like it. Why do you think it's in the best interest of the Town? Will you tell us? Chairperson Flynn: Grace has the Law in her hand. Planner Genatossio: Under Subdivision Regulations, Chapter 41, Section 81R, it's a waiver of compliance, "the Planning Board may, in any particular case, if such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law, waive strict compliance with its rules and regulations". And then it goes on. So, to me, it says where such action is in the public interest they may grant a waiver. Mr. Quinn, I don't think, has seen many waivers granted since he has been here. Since, as Marydee has stated, we have granted waivers before we started changing our subdivision regulations to go along with the water protection district, we started granting waivers on sidewalks and street widths within the water protection zone. There was a waiver granted while Mr. Quinn was here, and he may even have been the maker of the motion to grant a waiver... Clerk Quinn: We had seven of them on Treetops. Planner Genatossio: We haven't voted on Treetops yet. Clerk Quinn: We have approved seven waivers on Treetops. Planner Genatossio: Yes. In the best interest of the Town. Clerk Quinn: That's a lot of waivers. That's my opinion. Chairperson Flynn: I think we're beating a dead horse now. Clerk Quinn: I realize that. All I'm saying is when I say that I see waivers being granted regularly and I'm told that I'm incorrect, I take personal exception to being told at a public meeting that I am incorrect in my perception of what I have voted on. I would like the record to show that one also. Planner Genatossio: And I take exception to the fact that you don't know the General Laws. Chairperson Flynn: Could we discuss this at a later time, please? Planner Genatossio: Yes. Planning Board Meeting Partial Transcript October 15, 1986 ADDENDUM TO MINUTES Page -4- (At this time, the Planning Board continued the public hearing for "Treetops" at 8:30 P.M. which ended at 8:30 P.M.) Clerk Quinn: I would like to make a motion that the Chair be directed to advise all members of the committee to refrain from disparaging remarks, such as "You don't know the laws" or "You don't know what you're talking about" at public meetings. I take it as a personal affront at being told at a public meeting or public hearing that I do not know what I am talking about. The fact that my presentation or opinions or a particular law does not agree with somebody elses, is subject to debate. But, when (inaudible) personally at a public meeting and told that they don't know what they are talking about.... Chairperson Flynn: The Chair chooses not to recognize the motion. Clerk Quinn Then I make a motion to challenge the Chair, Chairperson Flynn: What happens once you challenge the Chair? Clerk Quinn: If the majority of the committee chooses to overturn the Chair, the Chair must allow the motion. Chairperson Flynn: So, you are challenging the Chair? Clerk Quinn: I am challenging the Chair's decision not to allow the first motion. Chairperson Flynn: Is there a second to the motion to challenge the Chair? Planner Madan: I'll second the motion. Chairperson Flynn: Is there any more discussion? Planner Sohn: The only discussion that I have is that I don't feel those comments should be done publicly. I feel that if someone has a problem, it should be done privately. Planner Genatossio: Yes. I think they should. You're absolutely right. And I think they shouldn't go to the Board of Selectmen because that's where all these comments Clerk Quinn: (Inaudible.) Planner Genatossio: Excuse me. I'm taking my turn now. On these discussions... Clerk Quinn: We've challenged the Chair. -5- Planning Board Meeting Partial Transcript October 15, 1986 ADDENDUM TO MINUTES Page -5- Planner Genatossio: Excuse me. This is obviously directed to me. You've insinuated at a public meeting that I don't know what I'm talking about, so I take exception to your insinuation. I'm more direct than you, Mr. Quinn. I do not come up with sarcasm. I do not come up with insinuations. I come up with direct comments. If you take exception to my direct comments, that's fine. But I ... that this Board and other members of this Board seem to go to the Board of Selectmen and, cry on their shoulders regarding certain things that go on in this Board. I have a personality conflict with you, Steve, and you obviously have one with me. But, I say to myself, everyone's different. We all have to deal with each other and I have dealt with a lot of personalities on this Board. But you obviously have a problem dealing with personalities that may be different from yours. Planner Sohn: There is only one comment that I have to cite since I started with this Board that I thought was a terrible thing and that was the night that we refused ... that we gave a waiver. Your comment was that we were "making a mockery of the Board" because we granted the waiver. Do you remember that? Planner Genatossio: Yes, I do. Planner Sohn: I don't think that was something that should have been said because ... Planner Genatossio: Because it embarrassed you! Planner Sohn: No. Not that it embarrassed me, but I just don't think it's something you should do at a public meeting. Planner Genatossio: Linda, I am here as a public servant and I will bring things up publicly if I think they're wrong, Planner Sohn: But, that's an opinion. Planner Genatossio: That's right. Planner Sohn: That's opinion Planner Genatossio: And you're all entitled to an opinion - as you're expressing your's now. Planner Sohn: My feels are that we should all try to work together well. Planner Genatossio: And I work. -5- Planning Board Meeting Partial Transcript October 15, 1986 ADDENDUM TO MINUTES Page -6- Planner Sohn: And I think that we shouldn't make comments I or anyone, shouldn't make comments to other 11 l are against their knowledge or their judge,"'11 else. I don't think that should be done. That's right. And you have obviously not 1 Mr. Quinn's insinuations and sarcasm to my my No I don't think it would matter who it was; r I'm saying Okay, I think that's enough discussion They don't know what sarcasm and insinuation Chairman. What I'm saying is We have a motion We have a motion to challenge the Chair not the motion to Okay. There has been amotion and a second tc the Chair. All in favor.? Motion: To challenge the Chair, (Quinn - Madan) In favor. Planners Genatossio, and Sohn - Opposed. FAIL I would like to continue this discussion next , Planner Genatossio: Planner Sohn: Planner Genatossio: Chairperson Flynn: Clerk Quinn: Planner Sohn: Chairperson'Flynn: Clerk Quinn: Chairperson Flynn: Chairperson Flynn: