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HomeMy WebLinkAboutPlanning 11/06/1985PLANNING BOARD'S AGENDA NOVEMBER 6, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of October 23, 1985 Minutes of October 30, 1985 3. Surplus Material Removal Request - VanKoert Farms 4. "Form A" plans 5. 8:00 P.M. - Executive Session 6. Review "Massapoag Estates" preliminary subdivision plan 7. Covenant - "Austin Farms" subdivision plan 8. Review Site Plan - Rumford Avenue 9. Review preliminary subdivision plans 10. Around the Table 11. Public Discussion 12. Date of Next Meeting 13. Workshop - Subdivision Regulations 14. Adjournment PLANNING BOARD'S MINUTES NOVEMBER 6, 1985 Present: Acting Chairman Doucette, Acting Clerk Fiore Planners: Flynn, Bachman, Boldrighini and Genatossio* Planning Director Richard Callinan 1. Meeting called to order at 7:30 P.M. 2. Motion: To have Planner Anthony Fiore be Acting Clerk. (Boldrighini - Flynn - All in favor) 3. Correspondence *Planner Genatossio entered the meeting during correspondence. A letter from Edward Marcheselli, Treasurer of The Walmark Corporation, to Mr. Richard Callinan, Planning Director, regarding a request for an excess material removal permit in the amount of 8,000 cubic yards at the Vankoert Farms subdivision. A copy of the Planning Board's Minutes for October 23, 1985. A copy of the Planning Board's Minutes for October 30, 1985. A copy of the Planning Board's Agenda for November 6, 1985. A copy of the Planning Board's pending business list. A letter from Timothy D. Higgins, Planning Administrator for Foxborough, to Mr. Richard Callinan, Planning Director, welcoming Mr. Callinan to the area and wishing him success in his new position. A memorandum from Joan Cutillo, Treasurer and Collector, to the Mansfield Planning Board regarding a check which was received from R. E. Field Association which was returned to the Town due to insufficient funds. A letter from Edward J. Broderick, President of The Broderick Corporation, to the Mansfield Planning Board requesting a waiver of the road with requirements from 30 feet to 25 feet and one sidewalk in place of two sidewalks for the "Westview Woods" subdivision. A covenant form for the "Austin Farms" subdivision plan. A Summons for the case of Foxboro Terminals, Inc. vs. the Town of Mansfield, et al. A letter from Robert E. Chavaree to the Mansfield Planning Board regarding the Cabot Pond Restoration Project. Planning Board's Minutes November 6, 1985 Page 2 A letter from Paul J. Folkman, President of The Folkman Company,..to the Mans- field Planning Board requesting the release of funds for improvements made to Shannon Lane - Eastland Estates Subdivision. A letter from Lawrence B. Morse, Singer, Stoneman, Kunian & Kurland, P.C., to the Mansfield Planning Board regarding current proposals for amendments for the Town of Mansfield Zoning Bylaws. A letter from Edward J. Broderick, President of The Broderick Corporation, to the Mansfield Planning Board regarding the "Forest Park" preliminary subdivision. This letter states that this preliminary plan does have the specific information that the Board did not find on the plans. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk, regarding the Board's decision on the "Hallett Crossing" definitive subdivision plan. A copyof a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Michael Laughlin, Douglas King Builders, regarding the "Canoe River Estates" Subdivision and the items which still must be completed at this subidvision. A copy of a legal notice from the Town of Foxboro Board of Appeals. Hearings will be held on Wednesday, November 20, 1985, beginning at 7:30 P.M. A letter from Mr. John McMann, E. Linonel Pavlo Engineering Co. Inc., to Mr. Rande J. Wilson, Town Manager, regarding the "Camelot at Mansfield" sub- division - review and preliminary bond estimate. A copy of a memorandum from Richard Callinan, Planning Director, to Al Andrews, Construction Inspector, regarding improvements at the "Eastland Estates" sub- division. A performance bond for the "Chambers Court" subdivision, Harrington & Matto, Inc. 3. Minutes of October 23, 1985 Motion: To approve the Minutes of October 23, 1985. (Genatossio - Fiore - All in favor) Minutes of October 30, 1985 Motion: To approve the Minutes of October 30, 1985. (Genatossio - Flynn - All in favor) Planner Flynn had a.question about the discussion of Cabot Pond which occurred last week. She stated that the Board had already written a letter to the appli- cants stating that the Board was calling the performance bond on this project to have the applicants finish the pond. She believes the applicants should be made to complete this pond and not the Town. Motion: To send a letter to Town Counsel stating that the Board would like him to proceed with whatever steps are necessary to make sure that the original applicants complete this project. (Flynn - Fiore - WITHDRAWN) Planning Board's Minutes November 6, 1985 Page 3 f Planner Boldrighini stated that Town Counsel should also be notified that the Board has received a letter from Robert Chavaree which shows good faith on his part that he would like the project completed. Planner Flynn felt that the Town has waited long enough to complete this project and believes the Board should remain with their original vote to call the bond in order to have the applicants complete it. Planner Genatossio stated that this is the first time . that the Board has received a response from Mr. Chavaree and she believes that the Board should still start proceedings to have this project completed by the applicants. Motion: To send a copy of the letter from Mr. Robert Chavaree to Town Counsel and state that the Board believes that proceedings should be started in order to have this project completed. (Fiore - Bachman - All in favor) 4. Executive Session - 8:00 P.M. Motion: To enter into an executive session to discuss pending litigation and the open meeting will continue after the executive session. (Fiore - Boldrighini - All in favor) All members were polled and were in agreement that the Board should enter into an executive session This executive session ended at 8:34 P.M. Motion: To go back to an open meeting. (Fiore - Boldrighini - All in favor) 5. Surplus Material Removal Request - VanKoert Farms The Board received a letter from Edward Marcheselli, Treasurer of The Walmark Corporation, requesting a surplus material removal request in the amount of 8,000 cubic yards on the "VanKoert Farms" subdivision. Walter Millette, The Walmark Corporation, stated that there is excavation that will occur in the ledge in the roadway and also for the additional flood storage area to meet the Conservation Commission's "Order of Conditions". Motion: To approve the surplus material request for 8,000 cubic yards for the "VanKoert Farms" subdivision. (Fiore - Boldrighini - All in favor) 6. "Westview Woods" - Request for a Waiver The Board received a letter from Edward S. Broderick, The Broderick Corporation, requesting a waiver of the road width requirements from 30 feet to 25 feet and one sidewalk in place of two sidewalks. Planner Genatossio stated that it has been the Board's policy in the past that allwaivers were included in the orig- inal vote on all subdivisions. Mr. Broderick stated that he has had this re- quest in for a few weeks and it has just been overlooked. Planner Genatossio stated that this waiver was not requested when the Board originally disapproved this subdivision and that is when it should have been requested. Planner Boldrighini stated that the Board should still consider this waiver even though it was not asked for at the time of the original vote. Planner Genatossio did not agree. Motion: To deny the request for a waiver of the road width requirements from 30 feet to 25 feet and one sidewalk in place of two side- walks for the "Westview Woods" subdivision. (Genatossio - Bachman - All in favor) Planning Boards Minutes November 6, 1985 Page 4 7. Day/Blandori Subdivision The Board received a letter from P. J. Piscitelli, Attorney, regarding the Day/Blandori Subdivision on Webster Street. This letter stated that the Planning Board approved this subdivision without giving consideration to the fact that one or more of the ways included in this plan is owned by the Town of Mansfield. By approving this plan, the Board has apparently given said property to the developers which appears to exceed the authority of the Board and violate the applicable provisions of the law governing ownership and con- veyance of property owned by a municipality. This letter also advised the Board that Mr. Richard Curley, Webster Street, intends to pursue this matter and hold the appropriate town officials responsible for any wrongdoing. Planner Flynn stated that she would like the Planning Director to review this original plan. 8. "Jason Lane" - R. E. Field Associa The Board received a memorandum from Joan Cutillo, Town Treasurer and Collector, stating that a check for $100.00 has been returned to the Town due to insuffi- cient funds. This check was from R. E. Field Association for the preliminary plan of "Jason Lane". She requested that the Board contact this company and inform them that they must bring in a check for $100.00; in the event that this money is not received, a voucher will be generated against the Planning Board receipts for this $100.00. Motion: To send a letter to the applicant of "Jason Lane" preliminary subdivision plan requesting payment of $100.00 for this out- standing amount. This check should be certified._ (Fiore - Boldrighini - All in favor) Motion: To send a copy of this letter to Judith F. Scott, Town Clerk, (Genatossio - Fiore - All in favor) 9. Letter from the Town of Foxborough Richard Callinan, Planning Director, received a letter from Timothy D. Higgins, Planning Administrator of Foxborough, welcoming Mr. Callinan to the area and wishing him success in his new position. Motion: To send a letter to Timothy Higgins, Planning Administrator for Foxborough, thanking him for his_welcome_letter to the Planning Director. State in this letter that the Board would also 'like to welcome him to the area (seeing as he started in August) and inform him of the day and time when the Board meets. (Fiore - Genatossio - All in favor) 10. Camelot at Mansfield Subd The Board received a letter from John McMann, Consulting Engineer, regarding the Camelot at Mansfield Subdivision plan. Richard Callinan, Planning Director, stated that he has received a profile plan from the engineer of this plan and he feels that the consulting engineer should also look at this. The Board would like a letter sent to the Town Manager stating that the Board wants John McMann, Consulting Engineer, to review this information which has been received by the engineers. Richard Callinan, Planning Director, stated that he will speak with the Town Manager about having this reviewed. Planning Board's Minutes November 6, 1985 Page 5 11. "Form A" Dlans Allen Trust - Franklin Street The applicant of this "Form A" plan is Allen Trust. This "Form A" plan con- sists of a parcel of land on the westerly side of Franklin Street bounded northerly by Degirolamo, easterly by Franklin Street, southerly by Rose and westerly by Unger. The reason this plan does not constitute a subdivision is because the lots have sufficient area and frontage as per zoning. The checklist is complete. Motion: To approve the "Form A" plan for Allen Trust on Franklin Street. (Genatossio - Boldrighini - All in favor) Robert McLacklin - Ephriam Drive The applicant of this "Form A" plan is Robert McLacklin. This "Form A" plan consists of a parcel of land on the southerly side of Ephriam Drive bounded easterly by McLacklin, southerly by Starlin Inc., westerly by Shaw and D & J Realty Trust and northerly by. Ephriam Drive. The reason this plan does not constitute a subdivision is because the lots have sufficient area and frontage as per Zoning Bylaws. The checklist is complete. Motion: To approve the "Form A" plan for Robert McLacklin on Ephriam Drive. (Boldrighini - Flynn - All in favor) Earl C. and Dorothy B. Fielding - Pratt Street The applicant of this "Form A" plan is Dorothy B. and Earl C. Fielding. This "Form A" plan consists of a parcel of land on the easterly side of Pratt Street bounded northerly by Copeland Road; easterly by Roman Catholic Bishop of Fall River; southerly by Barrows and westerly by Pratt Street. The reason this plan does not constitute a subdivision is because the lots have sufficient area and frontage as required by the Mansfield Zoning Bylaws. The checklist is complete. Motion: To approve the "Form A" plan for Earl C. and Dorothy B. Fielding for Pratt Street. (Flynn - Boldrighini - All in favor) Helena S. Rose - Franklin Street and :Potash Road The applicant of this "Form A" plan is Helena S. _Rose. This "Form A" plan con- sists of property located on the westerly side of Franklin Street and the north- erly side of Potash Road, bounded on the south by land of Thomas Warren and Potash Road, on west by The Walmark Corporation, on the north by land of Unger and land of Evelyn J. Allen Trust. The reason this plan does not constitute a subdivision is because the lots have sufficient frontage and area on an approved or public way. The checklist is complete. Motion: To approve the "Form A" plan for Helena S. Rose for Franklin Street and Potash Road. (Bachman - Boldrighini - All in favor) Planning Board's Minutes November 6, 1985 Page 6 12. Covenant - "Austin Farms" Subdivision The Board received a covenant form from The Bonwood Corporation for the "Austin Farms" Subdivision. Acting Clerk Fiore reviewed this form and stated that everything seems to be in order. Motion: To approve the covenant and sign the plans for "Austin Farms" Subdivision. (Fiore - Genatossio - All in favor) 13. Review Site Plan - Rumford Acting Clerk Fiore read the comments from the various department heads. The Board had a question on this plan showing two (2) buildings on the one (1) lot which is not allowed under the Zoning Bylaw. Planner Genatossio stated that according to the Regulations, each dwelling unit must have 600 square feet of living area; according to this plan, each dwelling unit has only 527 square feet and, therefore, does not meet this requirement. The Planning Director had comments on the location of the driveway, but he stated that it was more of a recommendation than requirement. The Town Manager acting for the Department of Public Works stated, in his memorandum, that the sewer connection should be checked by an engineer because it may not be possible due to complications shown; and the 6" water main does not show tap and valve; the recommended radius on entrances is 30 feet minimum with a maximum opening width of 24 feet - this should be shown on the plan and granite or concrete curbing should be used. Motion: To send a negative recommendation to the Inspector of Buildings stating that it is the Board's understanding that it is not allowed to have two (2) separate buildings on one (1) lot; (The Board would like the Wood Avenue building used as an example.) the Board also feels that this site plan does not meet the re- quirements under the Bylaw for each dwelling unit having a minimum of 600 square feet - this site plan only shows 527 square feet for each dwelling unit; this recommendation also includes the Planning Director's comments and the comments from the Town Manager acting for the Department of Public Works. (Genatossio - Flynn - All in favor) 14. Review preliminary subdivision plans "Indian Estates" preliminary subdivision plan - Ronald S. Bonvie Richard Callinan, Planning Director, presented the preliminary plan for "Indian Estates" to the Planning Board and stated that because this is such a large sub- division, the Board should review this plan so that they have some input; espe- cially regarding the lots which would be right along Route 106 because there will be some problems with these lots. Planner Flynn stated that since this is the first time that the Board has seen this plan, she believes that the Board should require that one acre out of every twenty acres be held aside for three years for a park or recreation area; within this three years, the Town will have an oppor- tunity to purchase this land - she would like the Board to look into it. The Board agreed with Planner Flynn. Richard Callinan, Planning Director, stated Planning Board's Minutes November 6, 1985 Page 7 that the Board should invite the applicant in to a meeting in order to discuss this plan. Planner Genatossio did not agree with this and stated that the Board has denied preliminary plans just recently and those plans which were denied had less information missing from them than this plan does; she feels that the Board is just wasting their own time if they invite the applicant into the meeting. Acting Clerk Fiore stated that he feels the applicant should be invited in to speak to the Board because this is such a large subdivision. Planner Genatossio stated that the Board does not have to invite the applicant in; they can review the plan based on the checklist which will be done by the Planning Director and then they will approve it or deny it based on that information. Acting Clerk Fiore stated that the reason the Board was approaching the plans as they were in the past few months was because there was no full-time Planning Director, but now that the Board does have a full-time Director, the Board should review these plans and he feels that the applicant should be invited in to the meeting next week. Planner Genatossio still did not agree because she felt that it was unfair to all the other applicants who submitted plans and were not invited in to the meetings and their plans were denied. Motion: To have the Planning Director complete the checklist on this subdivision and have a response for the Board next week as to whether this meets all the requirements. (Bachman - Flynn seconded for discussion)* There was still a question as to whether or not the applicant should be invited in to this meeting. Acting Clerk Fiore stated that the Board cannot stop getting involved in the preliminary plan process because it gives them the opportunity to comment on these plans. Planner Bachman felt that if the checklist is not complete, the Board should deny the plan as they have done with the others in the past. *(Bachman - Doucette in favor of this motion) (Genatossio - Flynn - Fiore opposed to this motion) FAILS Motion: To have the Planning Director look at this preliminary plan for "Indian Estates" and advise the Board as to whether it meets the checklist and the regulations and also to have the Planning Director give the Planning Board his suggestions as to how the design of the plan can be made better. (Flynn - Genatossio - Fiore - Doucette) (Bachman was opposed to this motion) Motion: To have the applicant come before the Planning Board next week to discuss this subdivision. (Fiore - Motion fails due to lack of a second) 15. Around the Table Planner Genatossio asked if the remaining subdivision plans which the Board must review are as extensive as the preliminary plans for "Indian Estates" sub- division and she would like to know if the applicants of these plans will have to be invited in to a Board meeting. Richard Callinan, Planning Director stated that the remaining plans are not as extensive; he stated that the checklists for these plans will be completed next week in order that the Board can look at them. Planner Flynn stated that she would like the Board members to look at the State Laws regarding the parks within large subdivisions over the coming week because she feels this is a good idea. The Board agreed with Planner Flynn and will look over these laws. Planning Board's Minutes November 6, 1985 Page 8 Planner Flynn stated that she would like to discus the two (2) articles for the Special Town Meeting and vote on these articles at the next Planning Board Meeting. These articles will be put first on the agenda. 16. Public Discussion No comments at this time. 17. Date of Next Meeting is Wednesday, November 13, 1985, at 7:30 P.M. 18. The Board entered into a workshop to discuss the Subdivision Regulations and the amendments which the Board is proposing to these regulations. Motion: To have the workshop for the Subdivision Regulations end at 11:00 P.M. (Doucette - Flynn - All in favor) 19. Meeting adjourned at 11:00 P.M. CL`IA. A — CLERK I - -15 DATE