Loading...
HomeMy WebLinkAboutPlanning 10/21/1986PLANNING.BOARD7S MINUTES OCTOBER 21, 1986 Present: Chairperson Flynn, Clerk Quinn Planners: Annino, Genatossio, Madan, Sohn Planning Director Callinan 1. Meeting called to order at 7:35 P.M. Chairperson Flynn read a brief statement to Board members relating to Planning Board meeting of October 155 1986. This meeting became unruly due to arguments between Board members. (Copy of statement attached.) Planner Genatossio gave Board.membersa copy of a statement she wished to pass along to the Board. (Copy attached.) Motion: To change the public hearing notice for "Concetta Drive" that will appear in the Mansfield News on October 23, 1986 to read "the Planning Board will hold a public hearing in accordance with Chapter 413 Section 81-T and Section el -u of the Massachusetts General Laws etc." to be followed by "to discuss a waiver request under Section IV.2.g. regarding corner sight distance in order to meet condition 3.d. as outlined on a previously acted upon plan." (Genatossio-Annino) Chairperson Flynn, Planner Sohn) Planners Madan and Quinn Opposed. PASSES" Motion: To amend the motion to read "should Mr. Folkman agree to advertise under Bl -T and 81-U". (Quinn -Madan) All in favor. PASSES. (Planners Genatossio and Annino left the meeting at e:lo P.M. to attend Zoning Board of Appeals meeting.) 2. Clerk's Report Correspondence Letter from SRPEDD to Planner Sohn regarding meeting date. Memo from University of Massachusetts to Chairperson Flynn regarding Conference on Growth and Change in Massachusetts Communities - proposed agenda for meeting of 11/15/860 Letter to Richard Callinan from Al Andrews regarding "Wind Chime Acres" regarding problems with manholes and catch basins. Also retaining walls along roadway. 1 Planning Board's Minutes October 21, 1986 Page -2- Motion: To send a copy of this memo to Paul Folkman for his review before the scheduled public hearing. (Madan -Quinn) All in favor. PASSES. Letter from Paul Folkman requesting withdrawal of the recently submitted preliminary plan for "Concetta Drive". Motion: To send a letter to Town Clerk Judith Scott notify- ing her Of the withdrawal of the "Concetta Drive" preliminary subdivision plan. (Quinn -Madan) All in favor. PASSES. Memo from Joseph Campo to Richard Callinan regarding release of funds for "Highland Avenue" in the amount of $193023.00. Motion: To approve release of $1001,023.00 for improvements at "Highland Avenue" subdivision. (Quinn -Sohn) All in favor. PASSES. Memo regarding telephone call from Attorney Elliott Fine requesting permission to be on the agenda for "Pine Terrace" October 29, 1986 due to the fact that the Conservation Com- mission will not be meeting until 10/27/e6 to discuss "Pine Terrace". Motion: To send a letter to Attorney Fine asking for sufficient time until the next extension to allow for total completion of the definitive plan for "Pine Terrace". Failing that, it is possible that the Planning Board will no longer accept extensions and could deny the plan because it does not conform to regulations. (Quinn -Sohn) All in favor. PASSES. COPY Of letter to Attorney Fine from Richard Callinan regard- ing non-payment of fee for "Pine Terrace Estates" in the amount of 6e,295.00. Motion: That se,295.00 be received from the applicant in the form of a certified check and that an additional filing fee will be necessary if the road is constructed. (Quinn -Madan) All in favor. PASSES. Copy of public hearing notice scheduled to appear in the Mansfield News for "Concetta Drive". Copy of public hearing notice scheduled to appear in the Mansfield News for "Wind Chime Acres". Planning Board's Minutes October 21, 1986 Page -3- Invitation from the Tahana Restaurant to attend an open house on 10/26/e6. Copy of letter to Canton Institution for Savings releasing funds for "Shiloh Estates". Copy of letter to the Zoning Board of Appeals from Mr. Paul Folkman withdrawing his Special Permit application for "Concetta Drive." Memo from Joseph Campo to Richard Callinan regarding "Erick Road". I Letter from Robert Currivan to the Planning Board requesting indefinite hold on the preliminary plan "Eastleigh Estates, South". Motion: To send a letter to Robert Currivan informing him that the Planning Board accepts withdrawal of the preliminary plan "Eastleigh Estates, South" which may be submitted at a later date. (Quinn -Madan) All in favor. PASSESO 3. Variance Requests Robert B. Morrison, Eastman Avenue (Route 106) This variance application is to construct a building for landscaping supplies and equipment storage on a lot on Eastman Avenue (Rte. 106) owned by Overal Construction Co., Inc. 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 also because there is no hardship relating to soil shape or topography, nor distinction made by the applicant distinguishing from other parcels of land in the zoning district. Traffic impact, as well as the type of vehicles that will be entering and exiting the site, are reasons to deny this variance. (Quinn -Sohn) Chairperson Flynn in favor. Planner Madan abstains. PASSES. 0_1 Planning Board's Minutes October 21, 1986 Page -4- Brian J. Willette, 50 Mansfield Avenue This variance application is to construct an off ice building at 50 Mansfield Avenue and also a variance for landscaping and parking. Motion: To send a negative recommendation to the Zoning Board of Appeals on the application of Willette, 50 Mansfield Avenue because this variance asks to derogate from the intent of the Zoning By -Law and also due to the congestion of the area, proximity to existing housing, truck traffic, commuter traffic and public safety could be infringed upon. (Quinn -Sohn) All in favor. PASSES. 40 ."Form A" (ANR) Plans' Pasco Construction, Anqelina & Danielle Lane Motion: To approve this Form A (ANR) Plan for Pasco Con- struction for Angelina & Danielle Lane based on the understanding that Danielle Lane should be constructed according to Subdivision Rules and Regulations and should be duly noted on the "Form All (ANR) plan before the Planning Board shall sign. (Madan -Sohn) All in favor. PASSES. (Planners Genatossio and Annino returned to Planning Board meet- ing at this time.) The Board discussed the issuance of a building permit to Mr. John Dei for a site plan which the Planning Board disapproved. Motion: To request a written explanation from the Building Inspector as to the reasons for issuing a building per, mit after receiving a negative recommendation from the Planning Board. (Quinn-Genatossio) Chairperson Flynn, Planner Sohn in favor. Planners Annino and Madan opposed. 5. Discussion of Public Hearing Notice "Concetta Drive" Motion: To reconsider earlier motion for public hearing notice for "Concetta Drive". (Quinn -Sohn) All in favor. PASSES. The Board held a lengthy discussion relative to the correct wording for the public hearing advertisement for "Concetta Drive". 4 Planning Board's Minutes October 21, 1986 Page -5- Motion: To advertise under 84IT and 81U to hold a public hearing to discuss a waiver request under Section 4.2.g. regarding corner sight distance for "Concetta Drive" in order to meet condition 3.d. of the previously acted upon plan. (Genatossio-Annino) Chairperson Flynn, Planner Sohn in favor. Planners Quinn and Madan opposed. PASSES. 6. Pending Business List Motion: To send a copy of the definitive subdivision plan "Forest Park" to the various department heads for their comments. (Quinn -Madan) All in favor. PASSES. The Public Hearing for "Forest Park" is scheduled for Tues- day3 November 25, 1986. The Board agreed to do site walks at "Concetta Drive" and "Wind Chime Acres" on Saturday, October, 253 1986 at 8:00 A.M. and "Forest Park" on Saturday, November 155 1986 at e:00 A.M. 7. Around the Table Chairperson Flynn asked Board members to review the North At- tleboro Zoning By -Laws for site plan approval, which Planner Annino had distributed copies of and also the subdivision procedures Planner Genatossio had submitted. 8. Meeting adjourned at 9:50 P.M. CLERK -o' DATE 9 MaLydeels statement to the PlanningBoard10/21J-86- "Reference to meeting of 10/15/86 which got out of hand. I hope that we can resolve any discussions that we had last week and to kind of preface the discussions, Steve has called me and I have talked with Grace and I hope that the problems will be resolved this evening. Just to start it off, I have a brief statement: As members of this Planning Board, we should all respect and listen attentitively to the opinions of our fellow members. Each member deserves the chance to voice his or her opinion, uninterrupted by anyone else. All opinions that are expressed here are equal and valid regardless of the length of time served on the Board. I am not going to tell any of you how to conduct yourselves at a public meeting. [This was one thing that Steve had expressed to me, that he felt that it was important that I do. We have sort of agreed to disagree on this. I just don't think it's appropriate.] You were all appointed to this Board to use your good judgement and wisdom in forming opinions and making judgements and I certainly don't feel that it is my place to direct you in how to present yourselves or the decorum that you should use. Grace has a statement to read to you. It has come to my attention that Steve Quinn has requested through the chair, a public apology from me. After reviewing the happenings of last Wednesday's meeting �October 15, 1986) I agree that an apology is in order; as a matter of fact, a. number of apologies are in order. F1 rstt -Stev.e-yo'u 'were correct, this Board in the past has granted a number of waivers on subdivision plans; whether they were all granted procedurally correct or in the town's best inter- est is not a matter to discuss at this time. I stand corrected and -am (wo)man enough to say I was wrongi , n this instance. Second, my apology to Mrs- Folkman., I apology for ineffectiveness in getting,the Board to realize that it was procedurally incorrect in granting a waiver for your subdivision "Concetta Drivel# after the plan had been given conditional approval,- the rbyAnch --le lett- ng, the public- *address' t1f6 waiver of our regulationsA. I.M Sur Nu know I tried. Third, my. ,apology to the public for not making my statement of *facts clear .enough for the Board to take proper action. -I tried to explain that Mr. Folkman's plan is an. approved plan because he was unable to meet the conditions of approval as out- lined by this Board. -The one condition that Mrs Folkman was unable to meet was the sight -distance requirements Since he was e 3 A unable to meet this condition, the plan -,,4%PQQi 0*I disapproved, Mr. Folkman should therefore either a) submit a new plan showing how he has complied with the sight -distance regulation, or b) resubmit his plan along with a written request for a waiver from the sight -distance regulation and demonstrate where it is in the best linterest of - the public to grant such a waiver. The Board should not be holding a public hearing under 81-W because 4- the plan cannot "retn.in the suatus of an approved plan" when it is a. disapproved plan for not meeting our regulations. In order to expedite this matter and to avoid possible legal action from either side, I move that the Board change the public hearing notice that will appear in the NEWS this Thursday (October 23t 1986) for "Concetta Drive" to read "The Planning wm �iI& Board\a public hearing in accordance with Chapter 41 Section 81-T etc. 0