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HomeMy WebLinkAboutPlanning 07/20/1983PLANNING BOARD AGENDA July 20, 1983 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report (a) Correspondence (b) Minutes of July 6, 198: 3. Warrant 4. Visitor's Agenda 8:00 - Public Hearing - West Elm Estates - Margot Jellinek - Willis Pond 5. New Business (a) Around The Table (b) Status of Plans (c) Correspondence 1. Form A - Donati - Otis St. 2. Form A - Collins - School St. 3. Form A - Allen/Brown - Ware St. 4. Form A - Bonwood Corp. - Winter St. 5. Form A - Ferguson - Elm St. 6. Variance - Ray Realty - South St. 7. Variance - Maurer - South St. (d) Date of Next Meeting (e) Public Discussion 6. Adjournment PLANNING BOARD MINUTES July 20, 1983 Present: Chairman Genatossio, Acting Clerk Flynn Planners: Brugliera, Seifert, and Doucette 1. Meeting called to order at 7:30 P.M. 2. Motion: To have Marydee Flynn be Acting Clerk (Doucette - Seifert, all in favor) VOTED 3. Correspondence Letter of resignation from Roy DeGirolamo dated July 13, 1983. Copy of a letter from Thomas Leonard to the Planning Board regard- ing the fire alarm box for Strawberry Meadows Subdivision. Letter from Joseph Zeneski to the Planning Board regarding Magna Vista II and the installation of a new 3/4" service at Tanya Dr. Letter from Allen Willis to the Planning Board requesting a one- year extension on Cabot's Pond. Letter from Joseph Brugliera to the Planning Board informing the board that he completed the driveway on Meadow Lane on 7/19/83. Letter from Robert Chavaree to the Planning Board regarding his intensions for Cabot's Pond. Copy of the Board of Health's minutes dated July 6, 1983. Copy of the Board of Health's minutes dated June 22, 1983. Brochure from the Town of Mansfield regarding treating wastewater the natural way. Letter from Margot Jellinek to the Planning Board regarding a hear- ing to be held in Foxboro on August 2, 1983, for Michael -Angela Estates. Copy of a letter from Chairman Genatossio to David Terry regarding a grant application for land acquisition. Letter to Grace Genatossio from W. Chadwick Maurer regarding the appointment of the new Planning Director. Planning Board's minutes Page 2 July 20, 1983 Copy of a legal notice from the Town of Sharon. Hearings will be held on July 28, 1983, as follows: Anthony Ruscito - variance to erect a house at 266 East Foxboro Street. Joseph Leonard - special permit for a public stable for the boarding of horses at 100 Pond Street. Letter from Ralph Jackson, Canton Institution for Savings, to the Planning Board regarding a term certificate in the amount of $10,600. Copy of a letter from Robert Unger to Bertram Cook stating that he will not use herbicides for his project on Franklin Street. Copy of a letter from the Foxboro Planning Board to William Zoppo which denies Mr. Zoppo's subdivision. Copy of an order of conditions from the Conservation Commission for Ronald Bonvie for a project located on Creedon Street. Copy of a letter from Chairman Genatossio to Bertram Cook regarding Robert Unger's surplus material request. Copy of a letter from Chairman Genatossio to Bertram Cook regarding the site plan for Nabisco on Oakland Street. R. S. Means Company, Inc. literature. Copy of the new publications of the geological survey from the U. S. Depart- ment of Interior. Literature from Prentice -Hall, Inc. regarding a handbook of modern con- struction law. Copy of the Kiplinger Washington Letter. Literature from an engineering firm entitled, "Vitetta Group". Copy of a legal notice from the Town of Foxboro. Hearings will be held on July 20, 1983, as follows: 7:30 - Lynne Morley - to allow a food preparation business at 7 W. Leonard St. 7:50 - Fred Longabard - variance to construct a dwelling on Main St. 8:10 - Harold Cohen - appeal seeking relief from Board of Selectem. Copy of a legal notice from the Town of Attleboro. Hearings will be held on July 21, 1983, as follows: Charles Moss - appeal of the Building Inspector's decision Jesse Armell - to operate a business at 9 Roy Ave. Jerimar's, Inc. - to construct an additon at 266 County St. Irwin Feld - variance from lot size at 74 Homestead Ave. Mary Joubert - special permit for an electrolysis business at 410 Brown Avenue. Planning Board's minutes Page 3 July 20, 1983 4. Minutes of July 6, 1983 Motion: To approve as amended (Seifert - Flynn, all in favor) VOTED It was pointed out that on Page 2, Cabot's Pond, 1/3 of the pond is not owned by Mr. Willis, rather 1/3 of the bond is being held by Mr. Willis. On Page 1, Robert Unger, it should be added that that board was concerned about the use of pesticides and herbicides, and that Chairman Genatossio voted against the recommendation to the Inspector of Buildings regarding this surplus material request. On Page 1, Ronald Bonvie, it should be noted that the board did not go along with Mr. Bonvie's request to put in foundations before the bond is set. Also to insert Allen Willis informed the board of items A, B, and C, on Page 2. On Page 3, under around the table, Planner Seifert suggested that the board start going through site plans on August 3, 1983, not to have them all completed by then. Minutes of July 14, 1983 Motion: To approve (Seifert - Doucette, all in favor) VOTED 5. At 8 P.M. the scheduled public hearing for West Elm Estates began. 6. Bill in the amount of $60.95 from New England Telephone Motion: To pay (Seifert - Doucette, all in favor) VOTED 7. Margot Jellinek - Willis Pond Margot Jellinek appeared before the board and stated that the Planning Board held a earth removal hearing regarding Willis Pond. This hearing was for a new pond due to the fact that Mr. Willis had a Form A which protected him from the Zoning By-law. She informed the board the his protection under this Form A expired, and the board can't give him an extension. She read a letter from the Town Clerk regarding Article 45 stating that no new ponds may be created which was voted April 28, 1980. She also read the legal definition of a pond. Chairman Genatossio said that the board sent Mr. Willis a letter a while ago stating that his extension ran out; and if he wanted to continue, he would have to bring in new plans, ect. 8. Form A - VanKoert - Franklin Street This Form A consists of five lots on Franklin Street. Motion: To sign (Seifert - Doucette, all in favor) VOTED 9. Form A - Allen/Brown - Ware Street This Form A consists of two lots on the westerly side of Ware St. Both lots conform to zoning and have frontage on an established way. Motion: To sign (Seifert - Flynn, all in favor) VOTED Planning Board's minutes Page 4 July 20, 1983 10. Form A - Bonwood Corp - Winter Street This Form A consists of 13 lots on the easterly side of Winter Street. All lots conform to zoning and have frontage on an existing road. Motion: To sign (Seifert - Flynn, all in favor) VOTED 11. Form A - Donati - Otis Street This Form A consists of two parcels of land situated onthe northerly side of Otis Street. Both parcels conform to existing minimum zoning requirements and front on an existing public way. Motion: To sign (Seifert - Doucette, all in favor) VOTED 12. Form A - Fallon - School Street This Form A consists of two lots on the easterly side of School St. The Form A did not show the side and rear setbacks of the building. Motion: To sign contingent upon the front and sideline distances to the road being added to the plan. (Doucette - Seifert, all in favor) VOTED 13. Form A - Ferguson - Old Elm Street This Form A consists of a parcel of land containing 30,080 sq. ft. located on the northerly side of Old Elm Street. Motion: To sign (Seifert - Doucette, all in favor) VOTED 14. Form A - DeLutis - Shawmut Avenue This Form A was submitted and signed at the last Planning Board meeting. However, it was never submitted to the Town Clerk nor was the fee submitted. Motion: To send a letter to Dunn Engineering requesting that they submit the $25.00 fee required for a Form A. (Seifert - Doucette, all in favor) VOTED 15. Variance - Ray Realty - South Street This is a variance request of Ray Realty to construct a single family dwelling at 3 South Street. The lot consists of 26,400 sq, ft. in the agricultural zone. Motion: To send a letter to the Zoning Board of Appeals stating that the Planning Board made no recommendation due to the lack of information. (Seifert - Brugliera, all in favor) VOTED Planning Board's minutes Page 5 July 20, 1983 16. Variance - W. Chadwick Maurer, Jr. - Bellview Drive This is a variance request to construct an attached garage to an existing dwelling at 28 Bellview Drive. There would be a 26 foot sideyard meausrement and a 26 frontyard setback which is noncon- forming in the Residence A zone. It was pointed out that there was a garage at this dwelling, but the garage was converted into a family room. Motion: To send a favorable recommendation to the Zoning Board of Appeals. (Seifert - Brugliera) In Favor - Doucette Opposed - Genatossio and Flynn 3 to 2 Vote Planner Flynn said that she feels he created his own hardship by making the existing garage into a family room. 17. Cabot's Pond The original permit for Cabot's Pond was issued in 1980. A one-year extension was issued in 1981. A new public hearing was held in 1982, and a new permit was issued. This permit will expire on July 21, 1983. The board received a letter requesting a one-year extension on Cabot's Pond. This letter was from Allen Willis. The board also received a letter from Robert Chavaree regarding his intensions on the completion of his part of the project. This letter stated that the Planning Board has foreclosed any chance of him completing the project because the board increased the bond amount by 100 percent by using the Means Catalogue. The town is presently holding $10,200 in a passbook account in the name of Allen Willis; and $20,000 in a mortgage account in the name of Robert Chavaree. There was some discussion regarding pulling the funds being held so that the town may complete the project. Motion: To send a letter to Town Counsel requesting the procedure for taking the money being held. (Seifert - Brugliera, all in favor) VOTED Motion: To grant an extension of 30 days for Cabot's Pond (Seifert - Flynn, all in favor) VOTED In reference to Cabot's Pond, Chairman Genatossio informed the board that people are swimming in Cabot's Pond, and they are diving into it. She is concerned because the pond is not completed; therefore, the slopes vary. Allen Willis has been informed of this. 18. Magna Vista II The board received a letter from Joseph Zeneski, DPW Director, which stated that it was necessary for the Water Division to install a new 3/4" water service at 6 Tanya Drive. Joseph Zeneski appeared before the board an explained that ever since the residence moved into the dwelling two months ago, there was an ongoing water problem. The DPW Department went out to determine where the pressure was being lost. They determined that it was being lost in the street between the main and the curb stop. Since this is not an accepted street, it is the Planning Board's minutes Page 6 July 20, 1983 responsibility of the developer, Home Developers, Inc., to correct it. The DPW Department and the home owners made repeated attempts to get action from Home Developers, but failed. The new service cost $450. Motion: To send a letter to the Sentry Co -Operative Bank informing them that the town had to install a new 3/4" service at 6 Tanya Drive due to the lack of performance by Home Developers. Therefore, the town requests that the bank send $450 to the town to cover the cost of installation. (Seifert - Brugliera, all in favor) VOTED 19. Strawberry Meadows - Fire Alarm In reference to whether or not the fire alarm is to be installed within the Strawberry Meadows Subdivision, the board received a copy of a let- ter from Thomas Leonard, Fire Chief, dated October 22, 1982. This letter states that there are no records confirming that the installation of the fire alarm box was waived. Also the fire alarm box is shown on the approved subdivision plans. The preferred location of the fire alarm box is at the pole at the corner of Fruit Street and Meadow Lane. Motion: To send a letter to Allen Willis informing him that the board voted to require that the fire alarm box be installed. Also the board request that he respond in writing as to his intention before August 3, 1983. (Doucette - Seifert, all in favor) VOTED If Allen Willis does not want to install the fire alarm box, their was discussion regarding holding the cost of the fire alarm box from the final release. The board also received a letter from Joseph Brugliera stating that he installed the last driveway on July 19, 1983. In accordance with a previous vote made by the board, Mr. Willis has 30 days from July 20th to complete the subdivision. Motion: To send a letter to Allen Willis informing him that he has until August 19, 1983, to complete the subdivision. (Doucette - Flynn, all in favor) VOTED Brugliera - Abstained 20. Wendy's As a follow-up to a letter the board received from William Butt regard- ing Wendy's site plan being incomplete, the board briefly reviewed the site plan. They will be taking it up in more detail at their meeting on August 3, 1983. Motion: To send a letter to Mr. William Butt informing him that the board will be reviewing the site plan August 3, 1983, and inviting him in to the meeting. (Flynn - Seifert, all in favor) VOTED 21. Gloria Estates Allen Willis would like the bond estimate set as approved in 1971. He is exempt from zoning changes for seven years. There was dis- Planning Board's minutes Page 7 July 20, 1983 ( cussion regarding whether he has to follow the subdivision regulations now in effect, or as the plan was passed in 1971. Motion: To send a letter to Town Counsel asking his opinion on whether Gloria Estates will follow the subdivision regulations in effect now, or the regulations which were in effect at the time it was approved in 1971. (Brugliera - Seifert, all in favor) VOTED 22. Correspondence The board received a letter from Roy DeGirolamo stating that he is resigning from the Planning Board. Chairman Genatossio had a list of five people who are interested in becoming a board member. These people had previously filled out an application. The board members went through the applications. Motion: To notify the Town Manager that there is a vacancy on the Planning Board and request that he advertise. (Flynn - Seifert, all in favor) VOTED Motion: To send a thank you letter to Roy DeGirolamo (Doucette - Flynn, all in favor) VOTED 23. Around the Table Planner Doucette again pointed out that he has not received his Planning Board notebook which should include the State and Town Subdivision Regulations and the State and Town Zoning Regulations. Motion: To send a letter to Donald Kaufman and Kenneth Parsons requesting that they return their Planning Board note- books so they may be passed on to the new members. (Doucette - Seifert, all in favor) VOTED Chairman Genatossio pointed out that at a DAC meeting, Edward Tartufo suggested that the committee look at the downtown zoning requirements. He suggested having separate regulations for commercial vs. residential building. Chairman Genatossio said that she totally agrees with him. 24. Date of Next Meeting is August 3, 1983, at 7:30 P.M. 25. Public Discussion Margot Jellinek informed the board that Foxboro will be holding a public hearing on August 2, 1983, at 7:45 P.M. on Michael Angela Estates II. She asked if the new Planning Director will attend. It was pointed out that the new Planning Director will not attend; however, Chairman Genatossio will try to attend. 26. Adjournment 10:45 P.M. CLERK j�� DATE