Loading...
HomeMy WebLinkAboutPlanning 08/17/1983PLANNING BOARD EXECUTIVE SESSION August 17, 1983 Cabot's Pond - Jack Dwver Present: Chairman Genatossio, Clerk Fiore Planners: Brugliera, Doucette, Flynn, and Seifert Planning Director Mannarino and Town Counsel, Jack Dwyer Chairman Genatossio explained that in June, 1983, the developers came in for a special permit for Cabot's Pond. They had a bond estimate drawn up in 1980. At that time, it was for approximately $30,000: $20,000 Chavaree; and $10,000 Willis. In 1981, they request an extension. In 1982, the board voted that another extension could not be given; therefore, a new public hearing was held. When the bond was drawn up in 1980, 1976 Mean's prices were used. Therefore, it was 1982, and the board had a bond with 1976 prices. The board had previously voted to use Mean's prices for all bond estimates. Therefore, the board said that the bond had to be updated to 1982 prices, which would bring the bond from $30,000 to $60,000. The developers felt that the board should not double the bond, and they suggested using the loam on site as security to make up the difference. The board voted in 1982 that the developers bring in documentation as to the amount of loam on site and legal documenta- tion. The applicants then received a letter stating that the board accepted the loam mistakenly. The board received documentation stating the amount of loam on site from RIM, and legla statement from Robert Chavaree stating the town could enter on to the site; but it was not certified or stamped. The board also had received a letter from Town Counsel not to accept loam as part of bond. The board now has two options: Either complete the project with the developers, or pull the money. Jack Dwyer informed the board that if the money is taken, this could drag on for three years in Superior Court The town can't finish the pond according to the as -built due to the ledge. There was discussion regarding having the developers put their agreement in writing for the application of an extension. Also to give them an extension until the fall of 1984 and having Town Counsel draw up the form to have 11en Willis and Robert Chavaree sign. The board may compose a case from now so that if in the fall of 1984 it is not completed, there is a case. PLANNING BOARD EXECUTIVE SESSION August 17, 1983 Cabot's Pond - Allen Willis Present: Chairman Genatossio, Clerk Fiore Planners: Brugliera, Doucette, Flynn, and Seifert Planning Director Mannarino and Allen Willis Jim Kelley, representing Allen Willis, was going to attend this meeting. However, the board was not on schedule, and he had to leave. Allen Willis informed the board that in order for him to complete Cabot's Pond, he needs a one-year extension, he needs to discuss amending the as -built plan, he needs Robert Chavaree's permission in writing for him to be alble to finish his end of the pond, and he needs Robert Chavaree's portion of the bond to finish the pond. He hasn't been able to accomplish anything in conversation with Robert Chavaree. He can't speak for him. He can't walk away from what they did together. The last part is easy. There is no profit left in the project. Allen's intention is to purchase the Provost's property. What is left to complete is to pump it down and slope the sides. This will require alot of equipment. He feels that there is some material there to work with. Allen pointed out that once you start the other side, you have to finish it because the berms will come down and the water will come in. The lots that loam is being stored on have been sold. Motion: To direct Town Counsel to speak with Mr. Kelly and Mr. Chavaree in an attempt to resolve this problem. Also to extend the special permit for 30 days. (Seifert - Fiore, all in favor) VOTED PLANNING BOARD AGENDA August 17, 1983 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report (a) Correspondence (b) Minutes of August 3, 1983 3. Warrant 4. Visitor's Agenda 8:00 - Ronald Bonvie - Form A - Creeden Street 8:20 - Allen Willis - Gloria Estates 8:35 - West Elm Estates Proposed Subdivision Executive Session 9:00 - John Dwyer - Cabot's Pond 9:45 - Allen Willis - Cabot's Pond 5. Old Business (a) Gloria Estates - Bond Estimate (b) Strawberry Meadows Completion - 8/19/83 (c) Cabot's Pond Extension - 8/19/83 6. New Business (a) Around the Table (b) Status of Plans Form A - Bonwood Corp. - Creeden Street Form A - Peter Fontanini - South Street (c) Correspondence 1. Granada Park Release (d) Date of Next Meeting (e) Public Discussion 7. Adjournment PLANNING BOARD MINUTES August 17, 1983 Present: Chairman Genatossio, Clerk Fiore Planners: Seifert, Brugliera, Flynn, and Doucette* Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Correspondence Copy of a letter from Chairman Genatossio to Bertram Cook regarding Wendy's site plan. Copy of a letter from Joseph Mannarino to Raymond Hayes regarding Beachwood Estates release of funds. Copy of a letter from Chairman Genatossio to Bay Bank United regard- ing Wind Chime release of funds. Copy of a letter from Chairman Genatossio to Robert Chavaree request- ing that he attend the board's meeting to discuss Cabot's Pond. The same letter went to Allen Willis. Copy of a letter from Chairman Genatossio to John Dwyer requesting that he attend the board's meeting to discuss Cabot's Pond in executive session. Copy of a letter from Chairman Genatossio to Ronald Bonvie regarding the release of lots within Wind Chime Estates. An original of the same letter went to Bertram Cook. Copy of a letter from Joseph Mannarino to John Dwyer requesting his opinion on a quitclaim deed submitted for West Elm Estates. Copy of a letter from Chairman Genatossio to Thomas Leonard request- ing that he clarify section 5 J of the Mansfield Subdivision Regulations. Copy of a letter from Judith Scott to Ronald Bonvie cerifying that Creeden Street is a public way. Copy of a letter from Joseph Zeneski to Judith Scott regarding the maintenance of Creeden Street. Memorandum from Joseph Mannarino to Joseph Zeneski and John Larch regarding an inspection of Granada Park Subdivision. Copy of a memorandum from Joseph Mannarino to Joseph Zeneski regard- ing regarding updating Gloria Estates Subdivision. Planning Board's minutes Page 2 August 17, 1983 -- Note from John Dwyer stating he will attend the board's meeting to discuss Cabot's Pond. Copy of a memorandum from the Conservation Commission to the Planning Director regarding aquifer land acquisition program. Letter from Thomas Leonard to the Planning Board regarding his inter- pretation of Section IV, Subsection J of the subdivision regulations. Letter from L. W. M. Homes to the Town Planner which grants the town a water easement between Lot Nos. 8 and 9 on West Elm Estates. (copy of the water easement description prepared by RIM Engineering.) A quitclaim deed for West Elm Estates Memorandum from Joseph Mannarino to the Planning Board regarding Gloria Estates Subdivision. Copy of a letter from Joseph Zeneski to Ronald Bonvie regarding Creeden Street. Copy of the Board of Health's minutes dated July 20, 1983. Memorandum from Joseph Mannarino to the Planning Board regarding his inspection of Granada Park. Literature from Bear Stearns, which is a Major International Brokerage House. Literature from Harvard University regarding courses for the fall of 1983 and the spring of 1984. Pamphlet from the Bureau of National Affairs entitled, "Employment & Training Reporter". Pamphlet from Northeastern University regarding building technology. Letter from Bay Bank United to the Planning Board confirming the release of funds for Wind Chime Estates. Copy of a legal notice from the Town of Norton. Hearings will be held on September 6, 1983, as follows: 7:45 - to hear the application of Chester Milosh for a special permit to add an in-law apartment at 8 Todd Drive. 8:00 - application of Stage Coach Construction for an earth removal special permit for property located on North Washington St. 8:30 - application of Wallace S.Y. Ho for a special permit to locate a Chinese restaurant on Mansfield Avenue. Copy of a legal notice from the Town of Sharon. A hearing will be held on August 18, 1983, for Gary Werden for a variance on setback require- ments for a lot at 344 Mountain Street. Planning Board's minutes Page 3 August 17, 1983 Copy of a hearing notice from Foxboro. A hearing will be held on September 1, 1983, to consider amending the town's water resource protection district. Booklet entitled the Community Planning Guide. 3. Bill from New England Telephone in the amount of $43.89 Motion: To pay (Seifert - Fiore, all in favor) VOTED 4. Form A - Peter Fontainini - South Street This Form A consists of 1 lot located on the northwesterly side of South Street. He is carving out a lot since he owns alot of land. Lot No. 13 is being combined to Lot No. 14 to make it a conforming lot. All the items on the checklist have been complied with. Motion: To sign (Seifert - Flynn, all in favor) VOTED 5. Granada Park Subdivision Joseph Mannarino, Planning Director, and Joseph McKenna, Highway Superintendent, made an inspection of Granada Park, as per Paglia's request. They composed a punch list of items which need to be repaired prior to the release of funds. Joseph Mannarino pointed out that at the time the curbing was inspected, everything was approved; and the money was release. Since that time, problems have developed. He does not recommend releasing any money until it is determined that the items outlined have been satisfactorily corrected. Motion: To send the list of items to be corrected, composed by Joseph Mannarino and Joseph McKenna, and any comments Joseph Zeneski has after his inspection, to Aldo Paglia and ask him to contact the Planning Director to go over these items in detail and cor- rect them. These corrections shall be made prior to any release of funds. (Seifert - Brugliera, all in favor) VOTED *Planner Seifert left the meeting 6. Form A - Ronald Bonvie - Creeden Street Ronald Bonvie appeared before the board to explain his Form A. This Form A consists of eight lots on the southerly side of Creeden-Street. All items on the checklist were checked off. The board received certification from the Town Clerk stating that this is a pubpc way. Motion: To sign (Flynn - Brugliera, all in favor) VOTED *Planner Seifert re-entered the meeting Planning Board's minutes Page 4 August 17, 1983 < 7. Gloria Estates Subdivision Allen Willis appeared before the board to discuss the Gloria Estates Subdivision. Chairman Genatossio read the memorandum from Joseph Mannarino regarding the cur- rent subdivision regulations. The improvements which would need to be made to bring the subdivision plan up-to-date with present regulations are: (1) under- ground electrical lines would have to be installed, (2) installation of a fire alarm, (3) installation of a streetlight, and (4) installation of granite curb- ing along the cul-de-sac. This memorandum also states that the drainage system should be checked. Chairman Genatossio also referenced a letter the board received from Town Counsel which states that the board may update the subdivision to current regulations. Allen Willis said that this subdivision was approved and is under construction and has been since the time it was approved. In his attorney's opinion, the board can't ask for anything that wasn't approved. He again pointed out that this is an on-going subdivision and has been inspected. He has perk tests for the lots. The drainage is 3/4 done. He would like to proceed and install an 8" ductile water line. Allen Willis pointed out that there have been no zoning changes --Planner Doucette entered the meeting Allen Willis said he doesn't feel that the four items to be added are out of line. Planner Seifert suggested preparing the; bond estimate if the four items are installed. Planner Fiore suggested having Joseph Zeneski review this. The Planning Director informed the board that a memorandum has already gone out to Joseph Zeneski regarding his review of the subdivision. Allen Willis has also spoken to Joseph Zeneski. Motion: To table until the board hears from the DPW Director (Fiore - Flynn) In Favor: Brugliera and Doucette opposed: Seifert Planner Seifert said that he doesn't feel by tabling the discussion, the board has accomplished much. He suggested working with the developer to come to an agreement. At this point, the board worked with the developer and went through the items listed in the Planning Director's letter. Allen Willis pointed out that the house lots don't start until 133 ft. from the read, Ware Street. The drainage has been installed and inspected. Allen Willis said that he will go along with the items requested if the board agrees that he has the right to continue from this point on, subject to nothing. Motion: To take the discussion of the table (Fiore - Doucette, all in favor) VOTED Motion: To move to prepare a bond estimate with the stipulation that all the items listed in the Planning Director's letter are agreed upon by the developer; and the DPW Director shall review the plan, and his recommendations are complied with by the developer. Allen Willis will also provide the board with a written agreement stating that he will comply with this motion. (Seifert - Brugliera, all in favor) VOTED Allen Willis will also provide the board with an itemized list of the material he will be using so that the board may compose the bond estimate. Planning Board's minutes Page 5 August 17, 1983 8. West Elm Estates The water easement to the town was submitted. The fire alarm box was moved. The board received a letter from Thomas Leonard regarding the design standards for the fire alarm system. This letter states that it is the developer's responsibility to provide the materials, and the installation will be done by the town. The developers Provide the materials. Motion: To sign the subdivision plan pending the metes and bounds drainage easement for Scarpellini, the wiring materials for the fire alarm being provided, and the drainage calcula- tions being approved by the DPW Director. (Seifert - Doucette, all in favor) VOTED It was pointed out that there is a 21 day appeal period before the board signs the plan. The developers are going to prepare a three -party agreement. At this point, the board went into Executive Session for the purpose of discussing possible litigation of Cabot's Pond with Town Counsel All board members voted individually to go into executive session. The board also went into Executive Session with Allen Willis for the possibility of discussing character. All members voted individually to go into executive session. Motion: To adjourn immediately after executive session (Seifert - Fiore) VOTED Opposed - Flynn 9. Adjournment 10:45 P.M. i0Y CLE K - (1,19%3 DATE