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HomeMy WebLinkAboutPlanning Brd Min_2221989ell, C PLANNING BOARD'S MINUTES FEBRUARY 22, 1989 Present: Acting Chairman Madan, Acting Clerk Flynn. i � AY 2 1 Planners: Caponigro, McClanahan, *Quinn Richard Lewis, Acting Planning Director 1. Meeting called to order at 7:45 P.M. Motion: To appoint Planner Flynn Acting Clerk. (McClanahan- Caponigra) All in favor. PASSES. 2. Clerk's Report Correspondence Memo to all boards and committees from Thomas E. Dwyer, Town Manager, regarding designation as special municipal employees. Letter from EOEA regarding "Witch Pond Estates II" preparation of an EIR. EOCD Land Use Manager for December 1988. Copy of letter to Thomas E. Dwyer, Town Manager, from Max Volterra, Town Coun- sel, regarding language to be used in the Warrant for street acceptances. Copy of letter to Max Volterra, Town Counsel, from John Dunn, Chairman, Board of / Selectmen, regarding budget and charter questions. Letter to the Planning Board from K. Hovnanian Companies of Massachusetts, Inca requesting a workshop meeting regarding the possibility of a donation to the Town of Mansfield of a well site. Motion: To send the Board of Selectmen notification that someone is planning to develop property on the Ash land and ask for direction and what is happening at this property. (Flynn- Caponigral All in favor. PASSES. Copy of a letter from Richard Lewis, Conservation Agent, to Patrick Walsh regarding "Treetops" subdivision field adjustment. Copy of voucher for LaCasse Consulting Services, Inc. in the amount of $1,035.00. , Copy of a letter to J. B. Smith Realty Trust from the Mansfield Cooperative Bank - regarding expired letter of credit for "Bradford Estates" and issuance of a new letter. Copy of letter to Bertram M. Cook, Inspector of Buildings, from Norwood En- gineering regarding revised site plan for Hagen site at CC &F. Copy of Planning Board letter to Edward G. Kelly of Mansfield Life Care As- sociates requesting submittal of a complete traffic study as previously requested. 1 "Planning Board's Minutes February 22, 1989 Page -2- Copies of letters to the Zoning Board of Appeals regarding Planning Board deci- sions on variances for Shell Oil Co., Advanced Electric Corp. and Sergi. Planners Bookstore pamphlet. I 3. 58:00 P.M. - Continuation of Public Hearing "Perkins Acres" Definitive Subdivi- sion Plan - Applicant: -Karl Clemmey - 'Deadline: May 16,'1989 At 8 :00 P.M., Acting Chairman Madan continued the public hearing for "Perkins Acres" Definitive subdivision. At 8:05 P.M. this public hearing was closed. The following people spoke at this public hearing: William Buckley, Sr., Bay Colony Surveying Inc. Karl Clemmey, Applicant. The following motions were made at this public hearing: Motion: To close the public hearing for "Perkins Acres ". ( Caponigro- McClanahan) All in favor. PASSES. Motion: To approve the definitive subdivision plan, "Perkins Acres ". (McClanahan - Caponigro) All in favor. PASSES. 4. Clerk's Report (Cont.) Minutes of December 7, 14, 21 and 28, 1988 and January 4, 1989. Motion: To approve the minutes of December 7, 14, 21 and 28, 1988 and January 4, 1989. (McClanahan- Flynn) All in favor. PASSES. 5, Zoning Variances John R. Wilson, 131 West Street, Mansfield. Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Wilson to convert an existing non- conforming two family dwelling at 131 West Street to a three family dwelling, which is non- conforming in the Residence B Zone, due to the fact this variance derogates from the intent of the Zoning By -Laws, would create a traffic hazard for West Street and parking is not `shown. (McClanahan -Flynn for discussion) All in favor. PASSES. (*Planner Quinn entered the meeting at 8:25 P.M.) 6. 8:30 P.M. - Attorney Stephen D. Clapp - "Cedar Meadows" Subdivision Attorney Clapp, representing Francis X. Cannata, appeared before the Planning Board to discuss the progress at "Cedar Meadows" subdivision. 'Mr. Clapp presented the Board with a list of completed items; legal descriptions, and as built plans for both Ephriam Drive and Squire Avenue; Mansfield Municipal Electric Department's final inspection report; their electrical engineer's cer- tificate. Water Department will be submitting their report shortly. All trees have been planted, with the exception of two areas. The residents who requested the trees not be planted have submitted this in writing. Mr. Clapp stated the 2 Planning Board's Minutes February 22, 1989 Page -3- only item to be completed was one driveway, which is too low. This should be completed by next week. On behalf of Mr. Cannata, Mr. Clapp requested a final release of bond. However, the Planning Board has not received final authoriza- tion from Robert Swanson, Town Engineer, and informed Mr. Clapp this would be necessary before releasing the final bond amount (less the 10% contingency). Copies of all memos from the Engineering Department to be copied to Mr. Clapp. 7. "Form A" (ANR) Plans Richard Staples, Old Elm Street Motion: To reconsider previous decision not to sign this "Form A" (ANR) plan for Staples for property located off Old Elm Street. (Flynn- Caponigro) All in favor. PASSES. Motion: To rescind the vote taken last week not to sign the "Form A" (ANR) plan for Staples for property located off Old Elm Street. (Quinn- McClanahan) All in favor. PASSES. Motion: To table this "Form A" plan indefinitely due to the fact the Planning Board is not sure of the ownership of the right -of -way. (Quinn -Flynn for discussion) Planner Quinn in favor. Planners Caponigro, McClanahan and Acting Chairman Madan opposed. Planner Flynn abstains. FAILS. Motion: To sign the "Form A" (ANR) plan for Staples for property located off Old Elm Street. (McClanahan- Caponigro) Planners McClanahan and Caponigro in favor. Planners Flynn, Quinn and Acting Chairman Madan abstain. FAILS. Karl D and Carol A. Clemmey, South Main Street. Motion: To sign the "Form A" (ANR) Plan for Clemmey for property located off South Main Street. (McClanahan- Caponigro) Planners McClanahan and Caponigro in favor. Planners Flynn and Quinn opposed. Acting Chairman Madan abstains. FAILS. Motion: To not sign the "Form A" (ANR) Plan for Clemmey for property located off South Main Street. Notify Mr. Clemmey that if there is a variance which allows multiple primary dwellings on the same lot, please resub- mit and show the variance information. If there is not variance, the Planning Board cannot sign this plan. (Quinn- Flynn) Planners Quinn, Flynn, McClanahan and Acting Chairman Madan in favor. Planner Caponigro abstains. PASSES. 8. 9.00 P.M. - Continuation of Public Hearing - "Master Plan" At 9:00 P.M., Acting Chairman Madan continued the public hearing for Master Plan. At 9:30 P.M., this public hearing was closed. The following people spoke at this public hearing: Gary Forget, 163 Tremont Street, Mansfield spoke to the Planning Board regarding the set backs allowed for multi - family in the Downtown area and the new R4 dis- 3 Planning Board's Meeting February 22, 1989 / Page -4- trict. These setbacks would appear to be in accordance with the Cluster zoning which is being proposed by the Master Plan and would be restrictive for use in the downtown district. Board members explained that there will be several revi- sions to the Master Plan proposed zoning document. The purpose of the public hearings was to gather public input. Cindy Nolan, East Street, Mansfield, stated her concerns about the new Neighbor- hood Business overlay for the East /Franklin Street area. 'Mrs. Nolan had been told that the Neighborhood Business district would not include her business, Miss Cindy's School of Dance. The Planning Board explained that this district actually begins on that side of East Street at her property and that if Mrs. Nolan decided to expand her business (not more than 2,000 sq. ft.), she would need a Special Permit. Board members held a lengthy discussion as to what is and is not allowed by spe- cial permit in the Neighborhood Business overlay. Mr. Forget asked the Board to explain minimum tract size. Board members will try to clarify the term "consolidated ownership" for this section, 5.6.4. Michael Morizio, 857 School Street, Mansfield, stated he was attending tonight's hearing to offer assistance on the proposal for trash incinerator regulations. John Colbert, 29 Kingman Avenue, Mansfield, present regarding cluster zoning for multi- family housing and wanted to hear the Planning Board's comments on this subject. Motion: To close the public hearing for Master Plan and accept written input only. (Quinn- Caponigro) Planners Quinn, Caponigro, McClanahan in favor. Planner Flynn and Acting Chairman Madan opposed. PASSES. 9. Around the Table Acting Planning Director Lewis spoke to the Board regarding a request by D. A. Betts Company to move a house from Mill Street (near Sandy Hill Estates) to Nor- ton. Mr. Betts has two options: 1. move along Mill Street to Norton and remove approximately 12 large and 5 small trees or 2. move along Mill Street to Route 106, through Mansfield, and remove one tree near the Canoe River Campgrounds. 'Mill Street being a Scenic Road, a public hearing will be neces- sary. Motion: To hold a public hearing for Scenic Road - Mill Street on March 22, 1989 at 7:30 P.M. (Quinn- McClanahan) All in flavor. PASSES. Richard Lewis explained that due to possible problems with drainage found by the Conservation Commission in the roadway at "Balcom Ridge Estates II ", this plan may come before the Planning Board once again. Motion: To send a letter to Nicholas Harris stating that if there are changes to "Balcom Ridge Estates II ", he must bring the plan back to the Plan - 4 Planning Board's Minutes February 22, 1989 Page -5- ning Board to see if they are significant enough to hold a Modifica- tion hearing. (Flynn- Quinn) All in favor. 'PASSES. Planner Flynn asked about the subdivision "Woodland Park ". Planning Consultant Michel LaCasse has looked at this subdivision and feels a modification public hearing should be held. Mr. LaCasse will contact Mr. Kelly, attorney repre- senting the applicant for this subdivision which was originally approved by the Planning Board twelve years ago. Planner Flynn spoke to the Board about chang- ing the subdivision regulations to state construction should be completed within two ,years from the date of approval. Motion: To hold a public hearing to amend the subdivision regulations on March 29 at 8:00 P.M. (Flynn- Quinn) All in favor. PASSES. Mr. Lewis spoke to the Planning Board about the drainage requirements and stated he would like to change to the Conservation Commission method of TR -55. Planner Flynn asked what guidelines would be used for the Special Permit for Life Care which will be coming up soon. Board members stated it would be State j guidelines. Acting Chairman Madan informed the Planning Board that the Town Manager had hired a Planning Director. Mr. Shaun Burke will begin on March 20, 1989. Final job description for this position will be addressed by the Board of Selectmen. 10. Meeting adjourned at 10 :05 P.M. CLERK DATE OF APPROVAL' 5