Loading...
HomeMy WebLinkAboutPlanning 11/02/1983PLANNING BOARD'S MINUTES November 2, 1983 Present: Chairwoman Genatossio, Clerk Fiore Planners: Flynn, Boldrighini, Doucette, and Bachman Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Correspondence Copy of a letter from the Town Manager to John Larch regarding street lights in unaccepted subdivisions. Letter from Bay Bank Norfolk Trust to the Planning Board stating that they released $1,000 from the Granada Park escrow account; and they are presently holding $31,174.51. Letter from Bay Bank Norfolk Trust to the Planning Board stating that they released $5,470 from the Granada Park escrow account; and they are presently holding $25,704.51. Literature from the League of Women Voters regarding national security forum. Copy of the Board of Health's minutes dated September 28, 1983. Copy of a letter from Chairwoman Genatossio to the Zoning Board of Appeals regarding the board's positive recommendation on the variance application of Robert Waters. Copy of a letter from Joseph Mannarino to Aldo Paglia regarding Granada Park improvements. Letter from William Frazier to the Planning Board regarding the completion of Cedar Meadows. Memorandum from Bertram Cook to Joseph Mannarino regarding a proposed parking lot change for Clinical Science Labs. Copy of legal notices from the Town of Foxboro. Hearings will be held on November 7, 1983, as follows: 7:30 - site plan approval for change of use of an existing build- ing and increased parking at 55 Leonard Street. 8:00 - site plan for Grampy's Corner Store - 101-105 Main St. The above mentioned hearings will also be held on November 15, 1983, with the Board of Selectmen. Planning Board's minutes aPage 2 November 2, 1983 Copy of a legal notice from the Town of Foxboro. A hearing will be held on November 16, 1983, at 7:30 for a special permit to allow a sign for the End Zone Motel and Lounge at 105 Washington Street. 3. Minutes of October 26, 1983 Motion: To approve as amended (Fiore - Flynn, all in favor) VOTED On Page 3, Aquifer Land Acquisition, Planner Flynn would like it added that she stated the property should be under the Conservation Commission control to limit development. The Planning Director stated it will be under the DPW's control for better management. On Page 4, West Elm Estates drainage easement, Planner Flynn would like it added that the letter will be attached to the file. Also regarding the DAC discussion, it should be noted that it was the board's concensus not to meet with the Town Manager at this time. Chairwoman Genatossio said Mr. Learner's first name is Joel, not Joseph. 4. Bill from New England Telephone in the amount of $56.19 Motion: To pay (Doucette - Flynn, all in favor) VOTED 5. West Elm Estates - Drainage Easement There was discussion as to whether there should have been a motion at the last meeting to accept going back to the original drainage easement plan. It was questioned as to whether the original plans are still on file; and if so, if they have all the other amendments on them. Motion: To table until Novmeber 9, 1983 (Doucette - Flynn, all in favor) VOTED 6. East Land Estates East Land Estates is a proposed subdivision off of Mill Street. The developer will be Richard Staples. The board will make a site walk of the property on Saturday, November 5, 1983, at 7 A.M. They will be meeting at the Town Hall. 7. Cabot Pond - John Dwyer, Town Counsel Jack Dwyer pointed out that on October 14, 1983, the board received a letter from Allen Willis which indicated that he would like to cooperate on completing Cabot Pond. However, Mr. Willis is concerned about his ability to complete the pond as Mr. Chavaree has not conveyed his portion to Mr. Willis or the Planning Board. He also states that the depth of the pond should be modified to the level where ledge is encountered. He also request that the bond be release when the grading and seeding of his portion is completed. Chairwoman Genatossio stated that it has to be proven to the board that ledge has been hit. Joseph Mannarino stated that the borings submitted to the board would indicate that the ledge is much farther down. It is an assumption of the board that he may be at clay or something undesirable for sale. The board also has to know what depth they are presently at. The time limit on the special permit was until October 18, 1983; therefore, Planning Board's minutes Page 3 November 2, 1983 it has expired. Jack Dwyer said that the board may keep granting extensions, short or long term; but it does not appear that this is going to solve the problem. There is one applicant who is willing to cooperate to some extent. The other is presently living out of state, and he has made no good attempt on his part. The board has been very tolerant in granting extension after extension. At this point, the alternatives that were given are: Whether or not the board is going to allow Mr. Willis to complete his part of the project and let the court decide what Mr. Chavaree is going to do. Another alternative was to have them both go to court. Planner Fiore stated that the board needs the cooperation of both applicants. Jack Dwyer stated that if it goes to court for the judge to determine what should be done the court could: (1) order the release of the bond of one applicant to the town; (2) order that the bond totalling $30,000 from both applicants be given to the town; or (3) order the parties to complete the project them- selves. (declaritory relief) It was pointed out that this problem has existed for sometime, and it is going to continue until some action is taken by the board. Chairwoman Genatossio question if the board permits Allen Willis to complete his 1/3, and the board puts Chavaree's 2/3 out to bid, how does the board get Allen Willis to work with the other developer. It was also suggested that the board may call Mr. Chavaree's bond. Then if Mr. Chavaree was opposed to this, he would have to take action against the town, and he would have to show the court that he dealt::. in good faith. It was also stated that the money would be tangible. There was discussion that the board would have to obtain a commitment from Mr. Willis stating he would be willing to complete the pond accord- ing to the stipulations set by the town. Planner Boldrighini said the board first needs to determine what the depth of the pond has to be to be a viable pond. Planner Flynn referenced the Carr report which states that the minimum depth for a pond to be viable is 12 ft. Planner Boldrighini also suggested possibly amending the plan to a depth that the pond would be viable at. He pointed out that if the town has to finish it, there may not be enough money to do so. It was suggested to make another effort to find out the depth of the pond presently and what can be done. At a previous meeting, Mr. Willis said he would be willing to complete the whole project; but one of the stipulations to do so is that he would need Mr. Chavaree's money. John Dwyer stated that this can't be done, as it would have to go out to bid. It was suggested to find out Mr. Willis' intensions and whether he will be willing to work with another party. Also to send a letter as to what the board wants done. Margot Jellinek stated that Mr. Willis' portion of the property is in probate, as he does not own the pond, and the owner has died who is Mr. Provost. Robert Chavaree does own his 2/3 of the project. It was questioned as to whether there is anything to prevent Mr. Provost's two daughters from selling the land. Jack Dwyer said that where time is not of the essence, he thinks the board could accomplish legally what they want to do before next June if the board does decide to take legal action. If all other things failed and a suite had to be instituted right after the first of the year, the town would be in a good position by June. It was pointed out that Mr. Chavaree could use up the bond money pursuing court action, as this would have to go to Federal Court because he is out of state. ,Planning Board's minutes Page 4 November 2, 1983 There was discussion regarding sending Mr. Willis: -a letter asking for the depth of the pond and stating that the board may consider a different depth of the pond. cc to Robert Chavaree. John Dwyer said the board should request that Mr. Willis come before the board to have it on record. He also said there is enough money there to do a fairly decent job. First, request that they comply. Second, call the bond. If the board calls the bond, the town would have $30,000, and the applicants would have to pursue the town. Planner Flynn said this was always a swamp area, and the town could possibly take the money and do the best they can, and then let it grow back. At this point, the Chairwoman asked each member what they felt should be done. Planner Boldrighini said the board should write a letter saying they need/want viable information and are considering a less depth of the pond, which may be of assistance to them. Planner Flynn said to pull the bond and institute a suite, or let it grow in. Planner Doucette said he would go along with writing a letter for the very last time. Planner Bachman suggested that Joseph Mannarino and John Dwyer compose a letter setting a time and date to meet with Mr. Willis and Mr. Chavaree to discuss why the board should not pull the bond. Motion: To send a letter to both applicants stating that the board has given its options to both applicants, and now we want to know what it is going to take to have you finish to pond to some respect. Invite them in to the board's meeting of December 7, 1983, at 8 P.M., and they should be prepared to present their proposal. and plans. (Doucette - Boldrighini, all in favor) VOTED 8. 10 Percent Contingency Release John Dwyer said that the board presently holds 10 percent for a period of one year. He said this seems to be in conflict with the State Law. Chapter 81U states that when an applicant feels his subdivision is complete, he will notify the Planning Board. An on-site inspection is then made. If the ways are not completed, a registered letter must be sent to the applicant. If they are completed, the remainder of the guarantee must be release within 45 days. Joseph Mannarino stated that in 81U, it also states in accordance with the Townes Subdivision Regulations; and Mansfield's Subdivision Regulations do not consider it complete until a period of one year. The 10 percent is also listed as a separate item in the bond amount. After the 12 months, there is a final inspection. 9. Cedar Meadows The board had sent a letter to Mr. Cannata dated October 20, 1983, requesting that he attend tonight's meeting to discuss the lack of progress in Cedar Meadows. It informed him that he should be prepared to submit a time schedule, and the board will be revising the performance bond. His absence will be considered a sign of uncooperation, and his subdivision plan may be subject to modifica- tion, amendment, or rescission. Mr. Cannata was not at the meeting. However, the board did receive a letter dated October 24, 1983, listing his construction schedule for Squire Avenue and Ephriam Dr. Planning Board's minutes ,'Page 5 November 2, 1983 Chairwoman Genatossio informed the board that there has been work going on, but she's not sure what. Joseph Mannarino informed the board that the transformers have been moved. Also the bond is two years old, and the subdivision regulations state that after one year, it may be renewed. The Planning Board may also pull the bond after one year, and it may be extended for another year at the applicant's request. $30,000 is what the town is holding on Squire Avenue. The bond needs to be increased. In reference to the surplus material removal, Joseph Mannarino informed the board that he has spoken to Bertram Cook, and they both agree that Francis Cannata should concentrate on removing the pile on Mill Street. Bertram Cook will have to send him another letter for him to cease removing any material within the subdivision except within the Mill Street area. He is not suppose to be removing any more gravel. It is all suppose to be topsoil. The original surplus material permit was for 1,000 yds. of gravel and 6,000 yds. of topsoil. Motion: To send Bertram Cook a letter stating that the board is in support of what he is doing in regards to the surplus material removal. (Fiore - Doucette, all in favor) VOTED Another item discussed is the time limit to finish the improvements. How long does the board want him to go on out there. It is half completed, and it was approved in 1977. Planner Doucette suggested having him finish up to the last occupied home. Joseph Mannarino said that he is traveling up and down the road with heavy equipment, and he should be coming in Mill Street. Planner Boldrighini said in other towns, the police will give anorder not to go on the paved road. If the police catch them, they are fined. He also said there is no reason the people should contend with this. In reference to updating the bond, Joseph Mannarino suggested adding 10 percent to the total bond of $30,000, which would mean an additional $3,000. This was suggested as he could not find a breakdown of the material being used. Planner Flynn said the board can't just add on 10 per- cent. The board had voted twice previously that all bond estimate updates will be done using the Mean's Catalogue, and she can't see how the board can be inconsistent. The Planning Director will do some more research on this. Also the board will work with the Inspector of Buildings and try to have the material removed. Mr. Frazier appeared before the board. He has been living within Cedar Meadows since February. He sent a letter to the board pre- viously regarding the soil removal. He said Mr. Cannata was remov- ing gravel for three months before he obtained a permit. He has created a whole 70 X 20 X 12. There are piles of loam piled up. One lot is destroyed as he has taken all the material out. He said he is now starting work on Ephriam Drive although he has not finished Squire Avenue yet. He asked what the board can do to have this finished. Joseph Mannarino said he is suppose to send the board letters as he works on the road, which hasn't been done. Francis Cannata wrote than he will be installing the curbing as soon as he receives it. The base coat will have to be patched before the top coat is put on. The plant stops December 1st. Planner Doucette suggested going on a site walk of Cedar Meadows after East Land Estates. The original breakdown of the bond estimate was located. Joseph Mannarino will have an updated estimate using Mean's Catalogue Planning Board's minutes Page 6 November 2, 1983 for the next meeting. Motion: To send a letter to the Police Chief indicating that it is the Planning Board's opinion that the removal of material from the Cedar Meadows Subdivision along Squire Avenue, is a safety hazard; and the Planning Board requested -the developer to remove the material using the Mill Street entrance. The Planning Board requests that the police review this for safety pur- poses and take any action they deem important. The board has also been notified by residents that they feel this is a safety hazard for their children. Would you please monitor this as much as possible. (Fiore — Doucette, all in favor) cc: Town Manager, Board of Selectmen, Bertram Cook Chairwoman Genatossio said the board went through the procedure for rescinding a subdivision before, and they did not get the applicant in until it appeared in the newspaper. Motion: To send a letter to Mr. Frazier thanking him for letting the board know his concerns and informing him of what action the board is taking to alleviate any problems. Also inform him that the board will be making a site walk of the subdivision on Saturday morning. (Doucette - Flynn, all in favor) VOTED Copies of both of these letters will be sent to Mr. Cannata Planner Flynn asked who gave the permit for the Gray Gravel Pit. The Zoning Board of Appeals did. *Planner Flynn left the meeting 10. Margot Jellinek - West Street Well Margot Jellinek asked Joseph Mannarino if he had any information on the Bogdanchick well. He informed her that the DPW Department has this information. She said the town is going for a grant to preserve the land around the Dustin Well, and she presented the 1981 Water Supply Protection map. She said that at a previous town meeting, it was suggested to purchase the property owned by Gonsolves to put the clay on top of the dump. This was rejected. In reference to the statement made previously regarding constructing a subdivision on this property, she said it can't be done as it is clay which does not perk. Joseph Mannarino said that the appraisal on the property is $81,000. He also said that the land that the state requires to be under this grant is very limited, and this land falls within that category, which is Zone 2. Upper West Street is not. The Planning Director was only directed to write this grant through the Town Manager. The Planning Board suggested that Margot Jellinek appear before the Selectmen. Planning Board's minutes Page 7 November 2, 1983 F 11. FY 85 Budget The Planning Director presented each member with a copy of the proposed FY 85 budget request. The total expense budget was increased $90, which is 5 percent from last year. The Planning Director's salary is presently at $19,750. There is a proposed 6 percent increase to $20,760. The goals and objectives section was taken from the work program. The summary of services came from Town Reports and the accountant's office. The reasons the secretary's salary is low is because in the past, all of the salary was taken from the Planning Department's account. The Planning Director is proposing showing the actual cost, which would be half. It is also proposed to combine the Board of Health's part-time secretary with the Planning Department's part-time secretary to create a full-time position. The Build- ing Inspector will also be requesting a full-time secretary. Presently, there is not full coverage in the office, and this new position would provide for full office coverage. He will also be adding a section of grants. The Planning Director requested that the board review this and have their comments/ additions for the next meeting. 12. Clinical Science - Parking Lot Change Bertram Cook received a plan from the contractors of Clinical Science Labs, and they have requested permission to remove the center island in their parking lot. The reason stated is for snow removal. Mr. Cook requested that this be forward to the Board for comments. Chairwoman Genatossio pointed out that when this came for site plan approval originally, the DPW Director came to the board's meeting, and there was alot of discussion and concern regarding the drainage. The plan shows that the drainage still drains into the same place. Motion: To send a letter to Bertram Cook stating that the Planning Board has no problems with this; but they request that he present it to the DPW Director for his comments on the drainage. (Fiore - Doucette, all in favor) VOTED 13. Around the Table Planner Bachman question the status of the master plan money as to whether the board is going for $5,000 or $3,000. Chair- woman Genatossio said that the concensus after meeting with the Selectmen was to request $3,000 for work to be accomplished this year. However, the problem was where the money was going to come from. There was a meeting, and Dianne Royle said she sees no problem with this. She is going to present this to the Conservation Commission. Motion: The work session meetings for the master plan will begin at 7:30 P.M. and will run no later than 11 P.M. (Boldrighini - Doucette) VOTED Opposed - Fiore and Bachman Planning Board's minutes Page 8 November 2, 1983 Chairwoman Genatossio informed the board that she attended a water conference at the Sheraton. She suggested establishing an ad-hoc water committee, as Foxboro has. 14. .Public Discussion Margot Jellinek asked if the oringinal engineer for Clinical Science was doing the alteration of the parking lot. The board informed her that Karen Construction was doing it. 15. Date of Next Meeting is November 9, 1983, at 7:30 P.M. 16. Adjournment 11 P.M. RJWLL� CLERK DATE