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HomeMy WebLinkAboutPlanning 08/21/1985PLANNING BOARD'S kROXW:1 AUGUST 21, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of August 14, 1985 3. Steven Wright - Chambers Court covenant 4. Review revised site plan - Chauncy Street - Webster 5. Discussion of Foxboro Terminals Special Permit 6. Status report — Cabot Pond restoration project 7. Review the following pending subdivision plans: o "Hidden Estates" definitive subdivision plan (deadline September 9, 1985) o "Green Acres" definitive subdivision plan (deadline September 9, 1985) 8. "Form A" plans 9. Around the Table 10. Public Discussion 11. Date of Next Meeting 12. 8:45 P.M. - Work Session - Subdivision Regulations 13. Adjournment PENDING BUSINESS Subdivisions (deadline on Planning Board's decisions) o "Green Acres" - September 9, 1985 - voting members: (Brugliera, Doucette, Genatossio, Flynn, Boldrighini, Bachman and Fiore) ? o "Hidden Estates" - September 9, 1985 - voting members: (Brugliera, Doucette, Genatossio, Flynn, Boldrighini, Bachman and Fiore) o "Austin Farms" - September 1, 1985 - voting members: (Brugliera, Doucette, Genatossio, Flynn, Bachman and Fiore) o "Massapoag Estates" - October 12, 1985 Other Business o Foxboro Terminals - Special Permit - October 8, 1985 PLANNING BOARD'S MINUTES AUGUST 21, 1985 Present: Chairman Brugliera, Clerk Doucette Planners: Boldrighini and Flynn Planning Consultant Mannarino 1. Meeting called to order at 7:45 P.M. 2. Motion: To have the discussion of Foxboro Terminals Special Permit eliminated from the Planning Board's Agenda this evening. (Doucette - Flynn - All in favor) 3. Clerk's Report CorreeDondence A letter from Max Volterra, Volterra, Goldberg & Mangiaratti, to the Mans- field Planning Board regarding the case of The Broderick Corporation versus Joseph Brugliera, et al. A copy of the Planning Board's Agenda for August 21, 1895. A copy of the Planning Board's Pending Business list. A copy of the Planning Board's Minutes for August 14, 1985. A letter from Edward C. Marcheselli, Treasurer of the Walmark Corporation, to Mr. Joseph Brugliera, Chairman of the Mansfield Planning Board, requesting a partial release of funds for a performance bond for work completed to date on West Elm Estates. A "Form I - Covenant" for the "Vankoert Farms" definitive subdivision plan. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. John Dwyer, Town Counsel, requesting Mr. Dwyer's review and comment on Foxboro Terminals for a Site Plan approval. A memorandum from Joan Cutillo, Acting Town Manager, to the Mansfield Planning Board regarding future subdivision approval - in the future, the School Depart- ment would like to be informed of all subdivisions when considered. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. John Dwyer, Town Counsel, requesting Mr. Dwyer to attend the next meeting of the Planning Board to discuss the court order for the case of Molly Fram, Plaintiff, versus the Mansfield Planning Board, Defendants. Planning Boards Minutes August 21, 1985 Page 2 A legal notice from the City of Attleboro Planning Board held on Tuesday, September 3, 1985, at 8:30 P.M. A legal notice from the Town of Foxboro Planning Board. held on Thursday, September 5, 1985, at 8:00 P.M. A legal notice from the Town of Sharon Board of Appeals. held on Thursday, August 29, 1985, at 7:30 P.M. A legal notice from the Town of Sharon Board of Appeals. held on Thursday, August 29, 1985, at 8:00 P.M. Hearings will be A hearing will be A hearing will be A hearing will be A pamphlet to order the Means Illustrated Construction Dictionary. A pamphlet to order the Construction Operations Manual of Policies and Procedures. A notice of hearing from the Mansfield Conservation Commission. A hearing con- cerning a Notice of Intent will be held on Monday, August 26, 1985, at 8:00 P.M. A copy of the Mansfield Conservation Commission Minutes for their meeting of Monday, June 17, 1985. A copy of the Mansfield Conservation Commission Minutes for their meeting of Monday, June 24, 1985. A copy of the Mansfield Conservation Commission Minutes for their meeting of Monday, July 8, 1985. A copy of the Mansfield Conservation Commission Minutes for their meeting of Monday, July 22, 1985. A copy of the Mansfield Conservation Commission Minutes for their meeting of Wednesday, July 31, 1985. A letter from Margot Jellinek, 339 Gifford Street, Falmouth, to the Mansfield Planning Board, regarding the proposal of Foxboro Terminals. A memorandum from Edward A. Sliney, Jr., Fire Chief, to the Mansfield Planning Board, concerning the subdivision review of "Massapoag Estates" preliminary subdivision plan. A memorandum from the Mansfield Planning Board to various department heads concerning the site plan review for a proposed office building off Chauncy Street and a proposed retail and restaurant building on Chauncy Street. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Edward Broderick, The Broderick Corporation, concerning the road material list at the Camelot at Mansfield subdivision. Copies of the following letters from Ronald Doucette, Acting Chairman, to the Zoning Board of Appeals, on the following variance applications: Ronald Nelson - to construct an addition to an existing single family dwelling at 15 Branch Street. The Board voted to send a positive recommendation on this application. Planning Board's Minutes August 21, 1985 Page 3 Richard Seskevich - to construct an addition at 165 South Main Street. The Planning Board voted to send a positive recommendation on this application. Charles E. Mueller - for a lot on Mill Street having less than 120 foot fraontage and to construct a house with less than 25 foot sideyards. The Board voted to send a negative recommendation on this application. Howard H. and Elsie M. Amidon - to divide a lot at 140 South Main Street to create two (2) substandard lots. The Board voted to send a negative recommen- dation on this application. Sun Refining & Marketing - for a lot on Copeland Drive, proposed structure having less than 25 foot front yards. The Board voted to send a negative rec- ommendation. Peter G. and Jodelle Blaestra - to construct an addition to an existing single- family dwelling at 3 Swett Street having existing frontage less than 30 feet. The Board voted to send a positive recommendation on this application. Raymond and .AlixGiannini for a lot at One Granada Circle having an existing structure with a sideyard less than 15 feet. The Board voted to send a posi- tive recommendation on this application. Robert and Janice Leppke - for the construction of an addition to an existing single family dwelling at 62 Tanya Drive. The Board voted to send a negative recommendation on this application. A memorandum from the Board of Selectmen to various department heads regarding state-owned property. A pamphlet from the Center for Economic Development to the Mansfield Planning Board regarding a Basic Economic Development Course. Minutes of August 14, 1985 Motion: To approve the Minutes of August 14, 1985. (Flynn - Boldrighini - All in favor) 4. Steven Wright - Chambers Court covenant The Planning Board received a letter from Steven Wright, Treasurer of the Harrington & Matto Company, Inc., requesting that the Board accept a covenant which they enclosed and sign the definitive subdivision plan of "Chambers Court" so that it can be recorded and construction of the roadway can begin. Joseph Mannarino, Planning Consultant, stated that everything in the covenant seems to be in order. Motion: To accept the covenant for "Chambers Court" subdivision and sign the subdivision plans since the 20 -day appeal period is completed. (Flynn - Doucette - All in favor) 5. Review Revised Site Plan - Chauncy Street - Webster Ronald Webster submitted a site plan for an office building on Chauncy Street to the Planning Board last week. The department heads have reviewed this site plan; the only comment that has not been addressed is the issue of the fence Planning Board's Minutes August 21, 1985 Page 4 which is required to provide a buffer for adjacent properties. Mr. Webster stated that he has spoken to the Building Inspector and has been told by him that a fence was not needed; Mr. Webster stated that he does not wish to put a fence on this property because it would not be aesthetically pleasing. Joseph Mannarino, Planning Director, stated that Mr. Webster could possibly contact the abutter to his property, which is for a proposed site plan for D'Angelo's, and draw up an agreement in which shrubbery would be placed be- tween the two properties to provide the screening instead of using a fence. Michael Trowbridge, Engineer, stated that he has spoken to the DPW Director and has agreed to all his comments on this plan. Motion: To send a favorable recommendation to the Building Inspector stating that it is the Board's belief that this site plan and the site plan which is adjacent to this property, D'Angelo's, could be incorporated toegether so that shrubbery will be planted along the property line instead of having to erect a fence. The Board's recommendation also includes the DPW Director's comments. (Boldrighini - Flynn - All in favor) 6. Jack Dwyer, Town Counsel - Fram Case The Planning Board sent a letter to Jack Dwyer, Town Counsel, requesting that he attend this meeting to discuss the court order for the case of Molly Fram versus the Mansfield Planning Board. Jack Dwyer stated that on August 7, 1985, he attended land court with Joseph Zeneski, DPW Director, on the case of whether Bird Road is a public way. He stated that the court would have made that deter- mination because, in 1936, this road was accepted as a county road and, by law, each town is responsible for county roads which are in that town; Bird Road has not been kept up, even though there are homes on this road. Rather than going to trial with this case, Mr. Dwyer, Mr. Fram and Mr. Fram's attorney drew up an agreement for judgement for neither party and Mr. Fram agreed to put a road, where the proposed houses are to go, in accordance with the Mansfield Subdivi- sion Regulations for unaccepted streets. Joseph Zeneski, DPW Director, drafted the requirements for this road; a 15 -foot easement was also added into this agreement to be used in the event that the Town would want to make Bird Road and accepted street in the future. Also, the Town will not accept any respons- ibilities for this road other than those which already exist up there which is very little, all police and fire protection will be provided by the Town of Sharon. Mr. Dwyer stated that this was the best way to handle the case rather than allowing it to go to court. The Planning Board also questioned Mr. Dwyer about the case of The Broderick Corporation versus the Mansfield Planning Board. Mr. Dwyer stated that he has tried to contact Mr. Broderick's lawyer several times, but has been unable to as yet. He stated that a date of Thursday, September 5, 1985, has been set and he will have to have a Planning Board member attend this court date with him. 7. Status Report - Cabot Pond Restoration project Chairman Brugliera stated that the Planning Board sent Mr. Allen willis, Jr., and Mr. Robert Chavaree a letter stating that the Board would like an esti- mated time table for the completion of Cabot Pond; the Board received a response from Attorney James Kelly, White & Kelly, stating that the completion date would be on or before October 31, 1985. The Board had a concern over whether this project would be completed by the deadline and what to do if it is not completed by the deadline. Planning Consultant Mannarino stated that the Board should send another letter to the applicants. Motion: To send a letter to Mr. Willis and Mr. Chavaree stating that the Board is happy to hear that this project will be completed by October 15, 1985, but would like to know when it will be started. (Boldrighini - Doucette - All in favor) Planning Board's Minutes August 21, 1985 Page 5 8. "Hidden Estates" definitive subdivision plan Planning Consultant Mannarino stated that he has sent the easement which was submitted last week to Town Counsel to make sure that it is in order, but has received no response as yet. Michael Trowbridge, Engineer, stated that he has addressed all of the Planning Consultant's comments and has submitted the test hole log which was requested; Planning Consultant Mannarino has not re- viewed this log yet because it was just submitted this evening. Mr. Mannarino had a concern with lots 16, 18 and 19 which would have the houses built into the steep gravel bank; he suggests that the road be shifted westerly so this will not occur. Mr. Trowbridge stated that this is at the minimum center line now, so this could not be done. There was discussion of possible alternatives to this problem, but the engineer stated that this is really the only way to have the subdivision and that the plan basically meets all of the Board's re- quirements with this exception. The Board would like an opinion from Town Counsel on the easement before appoving/disapproving the plan. Planner Flynn stated that she does not believe it is necessary to have the roadway pavement that wide because this subdivision is within the Aquifer Protection District and the pavement width should be waived. Chairman Brugliera stated that the Board agrees that all subdivisions should be approved/disapproved according to the Mansfield Subdivision Regulations until they are amended. 9. "Green Acres" definitive subdivis Michael Trowbridge, Engineer, submitted the reports which were requested to Planning Director Mannarino this evening. Mr. Trowbridge stated that the Conservation Commission required a compensatory storage area because of all the impervious material in this subdivision. These plans have been revised and now incorporate basically all of the comments from the department heads. Planning Director Mannarino stated that he has not had a chance to review ` the reports which were just submitted and he believes that Joseph Zeneski, DPW Director, should review the revised plans along with the Planning Con- sultant's comments and his own comments and then should send a memorandum to the Board stating that he is satisfied with the plans; Planning Consul- tant Mannarino stated that he will also review the revised plans which have just been submitted and send a memorandum to the Board. Motion: To send Joseph Zeneski, DPW Director, a letter stating that the Planning Board would like him to review the "Green Acres" definitive subdivision plan which has been revised and send the Planning Board a memorandum. (Doucette - Boldrighini - All in favor) 10. "Form A" plans The Walmark Corporation - Fruit street The applicant of this "Form A" is The Walmark Corporation. This "Form A" plan consists of property located on the southerly side of Fruit Street; bounded on the east by land of Dennis J. and Patricia Locke; on the south by land of the Town of Mansfield; and on the east by other land of The Walmark Corporation. The reason this plan does not constitute a subdivision is because there is sufficient frontage and area on a public way. Motion: To sign the "Form A" plan for Fruit Street. (Flynn - Doucette - All in favor) Planning Boards Minutes August 21, 1985 Page 6 11. "Mansfield Manor Estates" subdivision plan Mr. Angelo Pasqualino submitted a "Form I" covenant to the Planning Board in order that it could be approved and the plans could be signed. Planning Consultant Mannarino explained to Mr. Pasqualino that the four members which voted on the plan have to be the same four members to sign the plan and, therefore, the plans cannot be signed because all the voting members are not present at this meeting. This covenant will be on the agenda for next week. 12. "West Elm Estates" subdivision plan Mr. Edward C. Marcheselli, Treasurer of The Walmark Corporation, submitted a letter to the Planning Board requesting that the Planning Board release partial funds for a performance bond for work completed to date on West Elm Estates. The Board stated that a letter will have to be written to the Town Manager re- questing that Joseph Zeneski, DPW Director, inspect this work and then report to the Planning Board. Motion: To send a letter to the Town Manager stating that the Planning Board has received a request for a partial release of funds for West Elm Estates Subdivision and would like Joseph Zeneski, DPW Director, to inspect this work and then report to the Planning Board. (Flynn - Doucette - All in favor) 13. Around the Table Planning Consultant Mannarino stated that he has a concern with the interviews which will be conducted on Saturday, August 24, 1985, to hire a new Planning Director; he stated that the Town Manager is the one who will hire the director and he would like to coordinate these interviews with her, but she will not be here for the rest of the week. He also stated that he would like to know who will be conducting these interviews because he doesn't believe that the Town Manager is going to conduct them. Planner Boldrighini stated that Planning Consultant Mannarino should obtain additional information about the list of questions he has, such as how they pertain to the job, and than that list of questions can be given to Chairman Brugliera who will conduct the interviews. 14. Public Discussion No comments at this time. 15. Date of Next Meeting is Wednesday, August 28, 1985, at 7:30 P.M. 16. Meeting adjourned at 9:30 P.M. 17. Motion: To reopen the meeting due to the fact that Jack Dwyer has reviewed the drainage easement for "Hidden Estates" definitive subdivision plan. (Boldrighini - Doucette - All in favor) 18. "Hidden Estates" definitive subdivision plan Jack Dwyer, Town Counsel, has reviewed the easement for this property which the Planning Consultant had a concern about and he stated that he approves of it. Motion: To approve the definitive plan for "Hidden Estates" subdivision as submitted to the Planning Board. (Boldrighini - Doucette - All in favor) Planning Board's Minutes August 21, 1985 Page 7 19. Meeting adjourned at 9:45 P.M. DATE