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HomeMy WebLinkAboutPlanning Brd Min_1201993PLANNING BOARD MINUTES January 20, 1993 PRESENT: Chairman Madan, Cle.rk Cadden PLANNERS: Annino *, Caponigro, Flynn, McClanahan *, Sullivan 1. Meeting called to order at 7:30 P.M. 2. 7:30 P.M. - Glen Street Abandonment Public Hearing Petitioner: Ken Parsons Clerk Cadden.read the public hearing notice. Ken Parsons, on behalf of the Estate of Dorathea Williams, presented his Special Town Meeting article which requests the abandonment of a portion of Glenn Street. Mr. Parsons stated that the 1989 Town Meeting passed an article which abandoned a portion of Glenn Street. However, the balance of Glenn Street, 196' feet, was left unabandoned. Mr. Parsons is petitioning for the abandonment of the remaining 196'. Board Comment Clerk Cadden questioned why the 196' was not abandoned at the 1989 Town Meeting with the other portion of Glenn Street. Planner Flynn responded that she thinks what probably happened was a technical oversight. Planner Flynn also stated that she is in favor of the abandonment of this portion of Glenn Street. Planner Sullivan asked for clarification of the portion of Glenn Street requested to be abandoned, who the property owners adjacent to the proposed abandonment area are, and if the owners are in favor of the abandonment. Ken Parsons responded that the Estate of Dorathea Williams owns all the land adjacent to that portion of Glenn Street requested to be abandoned and that the Estate is in favor of the abandonment. The Director of Planning and Development, Shaun Burke, stated that he is not in opposition to the proposal. MOTION: To close the public hearing (Flynn- Sullivan) All in favor: PASSES. MOTION: To recommend positively to Town Meeting for the abandonment of that portion of Glen Street that was not abandoned at the previous Town Meeting. (Flynn- Cadden) All in favor. PASSES. 2. Mansfield Jeep Eagle Variance Requests - 91 Chauncy Street Paul Connor of Mansfield Jeep Eagle presented his variance requests to the Planning Board for 91 Chauncy Street. Variances have been requested from Section 4.3, 4.4.1, 4.4.2, 4.4.7, 4.4.4.8, 4.4.4.9, 4.4.4.13, 4.4.4.14, 4.4.4.15, 4.4.4.16, 4.5, 4.7.2, 4.7.5.4, and 4.7.7 for the alteration of a non - conforming structure at 91 Chauncy Street with less than the required front, side, and rear yard setbacks, greater than the allowed floor -to -area ratio, and less than the required minimum open space in the I -3 Zone. *Planner Annino Entered the Meeting. Board Comments The Board asked Mr. Connor questions regarding a sign corner clearance variance and if requested varaance are for current conditins. Mr. Conner resonded in the affirmative to both questions. Shaun Burke, Director of Planning and Development, that the existing structure is pre- existing non - conforming and that it has deficiencies. It is Mr. Connor's intent to replace the existing structure with a new building within the existing footprint. Shaun Burke, Director of Planning and Development, stated that the existing structure is pre- existing non - conforming and that it has deficiencies. It is Mr. Connor's intent to replace the existing structure with a new buildign within the existing footprint. Planner Flynn suggested that the Board put this issue of rebuilding within the footprints of preexisting non - conforming uses on its work list MOTION: To send a positive recommendation on all variances requested within the application. It is important that we support a long- standing reputable business in Town because the proposed reconstruction will address structural deficiencies and not be an expansion of the use. (Flynn - Sullivan) (5 -0 -1) Planner Annino Abstains. PASSES. 3. 8:00 P.M. - Proposed Moratorium Public Bearing Following the reading of the public hearing notice by Clerk Cadden, Chairman Madan explained that the purpose of the public hearing is to gain public input and formulate a position on the article. Shaun P. Burke, Director of Planning and Development, explained the history behind the proposed moratorium. Mansfield recently received grant money from the State to study the area in the vicinity of the Great Woods area in light of a proposal made in an adjacent Town. The study is not for or against the proposal but is a catalyst. Mr. Burke further explained that the study seeks to review the existing by -laws and other pertinent planning devices and compare and look for inconsistencies. Correspondence Letter from Ravech, Aronson, Shuman & Lewis P.C., representing the heirs of the late Oma White, to the Planning Board in opposition of the moratorium Letter from Volterra, Goldberg & Mangiaratti to the Planning Board in response to the above letter Letter from Volterra, Goldberg & Mangiaratti to Shaun P. Burke, Director of Planning and Development, regarding the language of the proposed moratorium by -law Public Discussion Karl Clemmey, 750 South Main Street, stated that he would like the Planning Board to take more time to explain what the study is going to entail and who they are going to hire to conduct the study. Chairman Madan responded that this public hearing is to receive input on the proposed moratorium not to discuss who the Board is going to hire to conduct the study. Rebecca White, 280 School Street, asked why Phe study should only affect the industrial property that she owns and what the time frame of the moratorium is. Chairman Madan responded that the article proposes a one -year moratorium. Ms. White then asked why the study targets that specific area. Chairman Madan responded that there is a concern for spin -off development in that area. Shaun Burke, Director of Planning and Development, explained why the "study area" was chosen. Rebecca White asked what will happen to the industrial property after the moratorium has ended. Mr. Burke responded that any amendments made to the By -Law or Master Plan will have to go to Town Meeting but that he is unable to tell what the recommendations will be. l The Director of Planning and Development, Shaun Burke, explained the reason for the study and proposed moratorium to the public. Jean Nordberg, 242 School Street, asked if the moratorium is already in place on the industrial land. Chairman Madan stated that it is pending Town Meeting vote in that permits pulled for effected areas may be at risk. This public hearing is good for a Town Meeting article for six months. Michael Morizio, 857 School Street, expressed his support for the moratorium by stating that he feels it will benefit the Town. Mr. Morizio stated that the moratorium will freeze land for only a certain amount of time. Michael Morizio also stated that he urges the moratorium be supported, the study conducted, and the land owners in the area give their input and concerns during the study process. He expressed concerne of the traffic within the subject area and that he feels it should be studied. Mr. Morizio also stated that it would also be helpful to look at aesthetics within the subject area which could act as a type of industrial control which in turn could benefit property owners. Robert Nordberg of 242 School Street stated that he is opposed to the proposed moratorium. Joe Dorienzo of 328 School Street stated that he is also opposed to the proposed moratorium and that he see no purpose in it. Karl Clemmey of 750 South Main Street stated that he feels that the moratorium should be done equally and asked why the triangle (between Route 140 and 495) was not included. Planner Sullivan asked if Mr. Clemmey felt the moratorium should include more land. Mr. Clemmey responded that he feels it should include house building also. Discussion of uses allowed in the different 'zones followed. Michael Morizio, Rebecca White, and Karl Clemmey discussed the degree of hardship that each of them felt would be placed on land owners should the moratorium pass Joe Dorienzo of 328 School Street asked if an existing business could be expanded if the moratorium passes. Planning Director Burke stated that existing uses would not be effected. Discussion of the effect the moratorium will have on financing land within the study area followed. Karl Clemmey stated that he feels that the moratorium should be placed on everything south of Route 495 and urged the Board not to support the moratorium. Director of Planning and Development, Shaun Burke, explained the reason for the proposed moratorium on the "study area" i referencing that many plans were submitted to enjoy grandfathered zoning protection in 1989 prior to a proposed. Master Plan rezoning proposal was brought to Town Meeting. Chairman Madan stated that in order to put a moratorium on residential land legally certain guidelines must be met. Mr. Burke stated that he _thinks building as a result of Lego will be more towards commercial development rather than residential. The Planning Board cannot put a moratorium on houses; however, Sewer and Water Commissioners, etc. may. MOTION: To close the public hearing. (Annino - Cadden) All in favor. PASSES. 4. Correspondence Memorandum from William Williams, Town Manager, to William Madan, Chairman, Planning Board, requesting the Boards input on an MBTA traffic report (Copies of the packet will be made and distributed to Board members to be read and later discussed at the February 3, 9993 Board meeting.) Memorandum from Joan Cutillo; Town Treasurer, to Shaun Burke Director of Planning and Development, stating that the Town is in receipt of a passbook in the amount of $39,400 to guaranty completion of the Pheasant Hollow subdivision Memorandum from Dan Clifford, Subdivision Inspector, to Shaun Burke, Director of Planning and Development, stating that he has increased the surety for Pheasant Hollow by an additional $10,000 to $49,400 Photocopy of a passbook for Pheasant Hollow showing a balance of $49,400 MOTION: To accept the passbook in the amount of $49,400 for the Pheasant Hollow subdivision. (Annino - McClanahan) All in favor. PASSES. Form J Release for Pheasant Hollow MOTION: To sign the Form J. (Annino - Flynn) All in favor. PASSES. Request from East Coast Development and recommendation from Dan Clifford, Subdivision Inspector, to release $51,927.00 for the Tara Estates subdivision. MOTION: To release the above amount. (Cadden- McClanahan) All in favor. PASSES. East Coast Development would like to put the remainder of the Tara Estates bond $128,073 in a passbook MOTION: To accept the change of the bond to a passbook made out to the Town of Mansfield FBO, East Coast Development for Tara Estates. (Cadden- McClanahan) All in favor. PASSES. .i�' , .... Letter to William Williams, Town Manager, from Shaun Burke, Director of Planning and Development, regarding the Dustin Estates subdivision Letter to Shaun Burke, Director of Planning and Development, from Dan Clifford, Subdivision Inspector, recommending the surety for Jean Road be set at $19,000 MOTION: To accept the above amount. (Cadden - Flynn) WITHDRAWN. At this time the Planning Board discussed whether Jean Road is a part of Phase I or II of the Massapoag Estates subdivision and the effect additional homes will have on the water pressure within the subdivision. MOTION: To table until February 3, 1993 until clarification has been received relative to which phase Jean Road is in and the water pressure. (Cadden- Flynn) All in favor. PASSES. Memorandum from William F. Williams, Town Manager, to Dan Clifford, Subdivision Inspector, regarding a commendation Mr. Clifford received Memorandum to Bob Swanson, Town Engineer /DPW Director, from Dan Clifford, Subdivision Inspector, regarding Route 106 drainage Letter to William Madan from Edward Tartufo, Chairman, Board of Selectmen, regarding reappointment to the Planning Board Letter to Michael McClanahan from Edward Tartufo, Chairman, Board of Selectmen, regarding reappointment to the Planning Board Letter to John Sullivan from Edward Tartufo, Chairman, Board of Selectmen, regarding appointment to the Planning Board Letter to William Williams, Town Manager, from James J. Kerasiotes, Secretary, Massachusetts Executive Office of Transportation and Construction, regarding proposed Route 140 improvement project Zoning Board of Appeals Recommendation Susan and Robert Barton requested variances from Section 4 Schedule 4.2.1 of the Zoning By -Law for an existing structure .with less than the required sideyard setback at 499 Ware Street in the R -1 Zone. MOTION: To send a positive recommendation to the Zoning Board of Appeals. i (Cadden - McClanahan) All in favor. PASSES. i Letter from Wayne Southworth, Chairman, Canoe River Aquifer Advisory Committee, to the Planning Board stating that he will be unable to attend the Planning Board's February 3, 1993 meeting Letter to Shaun Burke, Director of Planning and Development, from Judith B._McDonough, Executive Director, State Historic Preservation Officer, Massachusetts Historical Commission, regarding Historic Structures /ADA Letter to Bert Cook, Inspector of Buildings /Zoning Enforcement Officer, from Attorney Steven Fallon regarding 400 School Street Memorandum to Department Heads from the Town Manager stating the Finance Committee Budget Sessions schedule Deerfield Village Deed Language Letter from the American Planning Association MAPD Meeting Notice 1000 Friends of Massachusetts SRPEDD Annual Congretional City Conference Attleboro Public Hearing Notice Foxboro Public Hearing Notice ADA Planning Survey Forum - Mini Golf Course Developments Chamber of Commerce Invitation APA Magazine 5. Minutes of January 6, 1993 MOTION: To accept the minutes of January 6, 1993. (McClanahan- WITHDRAWN) 6. Public Discussion Karl Clemmey discussed the joint Zoning Board /Planning Board meeting and zoning by -laws relative to signs with the Planning Board. Shaun Burke, Director of Planning and Development, asked the Board if they would like to re- evaluate the sign by -laws. A concensus of the Board was to go over the sign by -laws. Discussion of articles sponsored by the Planning Board to be placed on the Annual Town Meeting warrant. Mr. Burke stated that he would like the Planning Board to meet next Wednesday to discuss proposals that have been received for the land use study. Planner Sullivan submitted a copy of a letter to the Planning Board which he sent to State Ethics Commission stating that he is a Civil Engineer and stockholder of Beals and Thomas, who recently submitted a proposal for the land use study, and that he will excuse himself from any Planning Board discussions regarding selection of the firm to perform the study, and discussions, if his firm is selected,-& -mss dealing with the firm on the study. Planner Sullivan excused himself from any further discussion regarding proposals submitted for the land use study at this time. A concensus of the Planning Board was for Shaun Burke, Planning Director, and Richard Lewis, Conservation Agent, to create a short list of consultants. MOTION: To post a meeting for 7:30 P.M. on January 27, 1993, to review proposals and make recommendations on Special Town Meeting warrant articles. (Annino- McClanahan) (6 -0) PASSES. Planner Sullivan not present. 7. Adjournment - 10:20 P.M. Cl'erk's Signature ')1WN3 Date of Approval