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HomeMy WebLinkAboutPlanning 10/29/1986az FEB 51987 Jf FAN Z�o PLANNING BOARD7S MINUTES OCTOBER.29, .5 1986 Present: *Chairperson Flynn, Clerk Quinn Planners: Annino, Caponigro, *Genatossio, Madan, Sohn Planning Director Callinan 1. Meeting called to order at 7:1315 p.m. 2. Clerk's Report Correspondence Request by Steven Wright of Harrington Matto Co., Inc. for extension of deadline for "Cowen Meadow" to November 14n 1936 . Mo -t -i on; To grant an ex tens ion of the dead 1 1-1 ne for . "Cowan Meadow" to November 143 19e6. (Quinn -Madan) All in favor. PAS"'SES. Letter to Planning Board from Bachner3 Roche and Cataldo.. At- torneys at Law, regarding site plan for J. Colella Sons, Inc. Request for release of funds. for "Camelot Estates". ,,ramcnlot Estates" Motion: To release $9.q. -W.-957,50 for (Quinn -Madan) 011 in favor. PASSES . Le tater to Planning Board from Mr. Kelton Potter regarding "Pine Terrace Estates". Letter to Planning Board from Mr. Paul Felkman withdrawing preliminary plan "Rumford Woods". Mot i on ; To send a letter to Town Cler.k., Judith F. Scott, advising her that the preliminary plan, "Rumford Woods"n has been withdral^!n. (Qu i nn -Mad an) All in favor. PASSES. Letter to Chairperson Flynn from Mr. Paul Folkman requesting meeting with Planning Board 11/5/86 for diSCUssion of Preliminary plan "Oak Hill''. Letter from Canton Institution for Savings to Planning Board regarding remaining funds -for- "Shiloh Estates". Let -ter to Planning Board from Attorney Elliott Fine regarding subdivision on Balr.-.:om Street, applicant N.. Charles Harris, Trustee. Copy of public hearing notice, "Concet-ta Drive" to be held 11/le/,96 for sight distance waiver. Planning Board's Minutes. October 29, 1P86 e6 Page -2- Copy of letter from Board of Selectmen to Antonio Capon igro, Jr. regarding Mr. Caponigro's appointment to Planning Board. Public Hearing Not ice, City of Attleboro, Belair Realty Trust. Statement of Facts Zoning Board of Appeals on app 1 1 -cat -ion of Carol Sousa. Statement of Facts, Zoning Board of Appeals, on application of Rachani G. Phadungchai. Copy of letter from Planning Director Call roan sent to developers regarding requests for release of funds . Copy of letter to Planning Director Cal linan from Town En- gineer), Joseph Campo, notifying Planning Board that Engineer- ing Depar-IN--mient will not be able to review any new subdivision plans until. ''Forest Park" is complete and due to the fact the Engineering Department has insufficient funds to cover- reviews overrevie)ws Motion: To send a letter to Attorney Elliott Fine informing him that the "Balcom Ridge" plan was approved by the Town Clerk due to default of the Planning Board. (Gel,--iatossio-Annino) All in favor. PASSES. Motion: To send a letter to the Board of Selectmen (copy to Rande Wilson) regarding the Engineering DEpartment's. inability to review subdivision plans (copy of Engineer . ing Department's letter to be attached) stating the Planning Board feels this situation is, intolerable- and requests advise from Selectmen. (Qu i nn -Madan) All in favor. PASSES Motion: To t Public Hearing date for "Vai- G:?i=,me7t11 definitive subdivision plan for December 31 191,96. (Quinn -Madan) All in favor. PASSES. _T 1 1 v 1) , I-olel 14 Church Street 11�_kl t i `:-32 3. RE 0 --' P M Dvie 1 Mr. Neil Roche, Attorney for IIr. Colel la, discussed the site plan presented to the Planning Board in October, 1936 for- 14 Church Stre-et, which the Planning Board approved. Hok,,jever Mr. Colella has been unable to secure a building permit due to the advertised zoning change planned for Downtown. An ap- plication has been filed with Zoning Board of Appeals for a P variance. Planning Board would prefer to wait for a decision Planning Board's Minutes October 293 1986 Page -3- of the Zoning Board of Appeals on this variance before dj-c:;- cussing this problem further. Mr. Roche requested copies of all -Planning Board minutes from e/13/e6 and copy of the recommendation by the Planning Board regarding this site plan. 4. 8:20 P.M. - Continuation of Public Hearing - - "Treetops" At e:oL-o P.M. Chairperson Flynn continued the public hearing for "Treetops". At 9:20 P.M., this public hearing was con- tinued until November 6, 1986. The following people spoke at this public hear-ing: Mr. Garen Bresnick,.% Attorney for the applicant. Mr. Ralph Maloon3 RIM Engineer ingo Mr. Joseph Zeneskil 84221 East Street. The following motions were made at this public hearing: Motion: To ask RIM Engineering to provide the Board with information regarding the groundwater elevation and the compensitory storage area as shown on Lots 44, 45 and 46. (Genatossio ) Motion withdrawn as RIM Engineering has shown this information on the plan. Mot ion: To accept *the Statement of WRi_VeT_ of Rights purs'u.;--ani- to provisions contained in MGL) Chapter 40Am Section 6, relating to zoning change (copy at+,.;ached). (Quinn-PAQSr-S. Madan) All in -favor. PASSES t - Motion: To accept the ex-1,-,erasion of the deadline for "Treetops" to November 71 1996 and to continue the public hearing until November 6. 19e6. Z-` (Quinn- .$ SohnAll in favor. PASSES - I - "Hallett f Cro= 5. 9.-'310 P.M. Discussion ol the E -'17-n for Mr. Ed Marches6-:? 1 1 i of Wei mai- k- Corp . and James Dunn of Dunn Engineering were present to discuss the Environmental Impact Statement for "Hallett Crossing II". The preliminary plat-' for this subdivision was approved under the old regulations. "Hallet-1U.. Crossing II" definitive plan was submitted under the new regulations, missing the deadline date. Therefore, this subdivision falls under the new regulations. This definitive 3 plan was subsequently withdrawn and will be resubmitted in the near future. Planning Board's Minutes October 295 1986 Page -4- 6. 9X-50 P.M= Continuation of Public Hearing_ - "Pine Teri ace r- -.L- - _L - - It At 9:50 P.M. Chairperson Flynn continued the public hearing for "Pine Terrace Estates " At 10:15 P.M. this public hear- ing was continued until December 31 19e6. The folloNing people spoke at this public hearing: Mr. Elliott Fine., Attorney for the applicant.6 Mr-. 170seph Zeneski, 842 East Street._j Tht---- fcllowing motions were made at this public hearing: Motion: (Fo-F discussion) To waive the road length -dor- "Fine Terrace Estates". (Quinn-Ar nino, for discussion) All opposed. FAILS. Mo t i o -n To have t 1ri e app I i c a n t pay bal arice of f i 1 1 ng fes the amount of $e)296.673 by certified check, no later than November 51 1986 or this plan shall be denied. ( Mad an-Genatossio) All in favor. PASSES . (-Chairperson Flynn left the meeting at 10:10 P.M.) Motion: To o grant an ex-f-,ension of the deadline for "Pine Terrace Estates" to December 12, 1986 and continue the public hearing to December 3, 19e6. ( Madan -Ann ino) All in favor. PASSES. Planner Genatossio requested that memos to department heads for reel ievi of subdivisions include the statement that the ir- comme,-its are necessary to help scope the EIS for subdivi- sions. (*Planner Genatossio left, -the meeting at 10:20 P.M.) 7. 11c:'Irm ^ H 11 'ANR!, Plans k Pasco Construct ion, Angelina Danielle Lane Motio-n: To sign this previously approved (10/21/e6) "F0r All (ANR) plan for Pasco Construction, Angelina Danielle Lane. (Madan-Annino) All in favor. PASSES. 4 Planning Board's Minutes October 29, 1986 8. Schedule Planning Board Meetings for Preliminary Plans "Oak Hi 1 1 " Motion: To schedule preliminary meeting for "Oak Hill" for November 51 19e6. ( Mad an -Ann ino) All in favor. PASSES. "Bradford Estates" Motion: To schedule preliminary meeting for "Bradford Estates" for November 129 1986. (Madan-Annino) All in favor. PASSES. 9. Around the Table No discussion. 10. Public Di =cuss i Ci -i-I No discussion. 11. Meeting adjourned at 10:50-P.Mls CLERK DATE a STATEMENT OF WAIVER OF RIGHTS PURSUANT TO GENERAL LAWS CHAPTER 40A, SECTION 6. I, NANCY EAMES, Trustee of New England Realty Trust, record owner of a certain parcel of land located in the Town of Mansfield, Bristol County, Massachusetts, recorded with the Bristol County Registry of Deeds in Book 1466 at page 675, by deed of Packard dated July 23, 1965, said parcel being a portion of the definitive subdivision plan known as "Treetops" in said Mansfield, Massachusetts, located off Branch and Ware Streets, pursuant to the provisions for waiver contained in Massachusetts General Laws, Chapter 40A, Section 6, in effect on the date of this instrument, DO HEREBY WAIVE the provisions of said Section 6, to the extent Of that portion of the said parcel which on the date of the filing of the said subdivision Plan, being June 13, 1986, was then located in the zone classified as "Industrial"; intending to bring and hereby bringing the same said portion of that parcel under the zone classified as "Agricultural" in effect on October 15, 1986# Such waiver is intended only to the extent necessary to make the entire parcel subject to the zone classified as "Agricultural", and not to waive any. other substantive rights which the owners may have and specifically under the remainder of Chapter 40A, Section 6. Witness my hand and seal this 19860 ZQ day of November Nancy EaZ5eA3, Trusteee New England Realty Trust COMMONWEALTH OF MASSACHUSETTS BRISTOL, SS. November Z O 1986 Then . did personally appear before me -Nancy Eames., Trustee of New England Realty Trust and acknowledged the foregoing instrument to be the free act and deed of the said Trust* A-8 ly Public My Commission Expires:_U STATEMENT OF WAIVER OF RIGHTS PURSUANT TO GENERAL LAWS CHAPTER 40Ar SECTION 6. WE, PATRICK J. AND EILEEN M. WALSHy record owners of a certain parcel (s) of land located in the Town ' of Mansf ield, Bristol County, Massachusetts, recorded with the Bristol County Registry of Deeds in part in Book 1489 at page 268, by deed of Scarpellini dated July 29, 1966 and in part in Book 2617 at page 336, by deed of Rogovin dated December 27, 1984, said parcels together being a portion of the definitive subdivision plan known as "Treetops" in said Mansfield, Massachusetts, located off Branch and Ware Streets, pursuant to the provisions for waiver contained in Massachusetts General Laws, Chapter 40A, Section 6, in effect on the date of this instrument, DO HEREBY WAIVE the provisions of said Section 6, to the extent of that portion of the said parcel (s) which on the date of the f iling of the said subdivision plan, being June 13, 1986, was.. then located in the zone classified as "Industrial"; intending to .bring and hereby bringing the same said portion of that parcel(s) under the zone classified as "Agricultural" in effect on October 15, 19860 Such waiver is intended only to the extent necessary to make the entire parcel (s) subject to the zone classified as "Agricultural", and not to waive any other substantive rights which the owners may have and specifically under the remainder of Chapter 40A, Section 6. Witness our hands and seals this Thirty-first day of October 19860 t CGI Patrick J.(JIalsh BRISTOL, SS. Eileen M. Walsh COMMONWEALTH OF MASSACHUSETTS October 31, 1986 Then did personally appear before me Patrick J. Walsh and Eileen D1. Walsh and acknowledged the foregoing instrument to be their free act and deed, tilt Garen M. Bresnick, Notary Public My Commission Expires: August 5,, 1988