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HomeMy WebLinkAboutPlanning Brd Min_9291993i� PLANNING BOARD MINUTES SEPTEMBER 29, 1993 PRESENT: Chairman Madan, Acting Clerk Sullivan PLANNERS: Annino, Cadden, Caponigro, Flynn 1. Meeting called to order at 7:30 P.M. 2. Discussion of Special Town Meeting Proposed Zoning Amendments Shaun P Burke, Director of Planning and Development, asked the board if it Granted to put the proposed zoning amendments on the warrant for the Special Town Meeting scheduled for October 25, 1993 or if it would prefer to wait for the spring Town Meeting, He told the board fie had met with Town Counsel and the Building Inspector the previous Friday and presented the board with Town Counsel's suggestions for clearing up an ambiguity existing in the Zoning By- Law. The first proposed amendment dealt with restricting one lot to one primary use or building, regardless of the size of the lot. Mr. Burke said Mansfield's Zoning By -Lacy does not make specific mention either allowing or forbidding multiple industrial uses on one lot. Town Counsel suggested to Mr. Burke that the amendment should be clarified, since the by -laws do not make mention of multiple industrial or commercial uses. Mr. Burke advised the board it could 1)chose to leave the bv- law the wav it is, with no mention of multiple commercial use, 2)go with the suggested amendment and require each primary use and building to be on one lot, or 3)go with an option such as the Zoning By -Law's Residential Compound clause for Industrial or Commercial Use. Planner Caponigro asked what harm multiple use would do on a parcel such as the proposed Shaw's Supermarket site at the corner of Chauncv St and Route 140, and asked if the board would rather see a supermarket, or something like a gas station or salvage yard there. Chairman Madan said the zoning article had nothing to do that or anv other particular site. Planner Annino expressed concern over leaving the by -law as it is, with the possibility of multiple uses and buildings on one lot coming up in the future, along with the potential public safety problems (ie:traffic) involved. Planner Cadden suggested going with a cluster concept, which Chairman Madan said would take a long time to draft, and in the meantime the ambiguity of the current zoning would remain intact. Motion: To support_ the changes suggested by Town Counsel to �rti l- Ono and include the article on the October 25, 1993 Special Tocan Meeting warrant Discussion: Planner Cadden said since most of the development in Mansfield is residential, there would be less pressure from a commercial site being developed. Planner Annino said traffic from a large commercial development would put a huge burden on the town. Chairman Madan said the board had recently suggested a moratorium on commercial development so they could study it, and if the board did not change the zoning to allow one use per site, there could be problems in large areas such as the Great Woods site. (Flynn - Annino) Four in favor, two opposed. PASSES. Article 2 dealt with allowing a corner lot to be accessed bv_ any of the three sides on which it has frontage. Currently, access may only be gained through the shortest frontage, Mr. Burke said and this amendment would be especially helpful for emergency vehicles. ?lotion: To support the suggested changes concerning corner lot access. (Annino - Cadden) All in favor. PASSES. Article 3 dealt with the transfer of $2,000 from the Planning Department salary account into the Planning Department expense account for the purpose of updating the town's zoning map this year instead of nest year. The extra funds from the salary account were freed up when Mr. Burke did not have a secretary for approximately five weeks. Motion: To request a transfer of $2,000 from the Planning Department salary account to the Planning Department expense account. (Sullivan - Flynn) All in favor. PASSES. Article 4, Part A came as a result of the Great Woods Land Use Study and dealt with classifying a riding stable on five or more acres agricultural instead of recreational, and thus exempt from commercial zoning. This is what the state law currently says, and the amendment would make it clear the same applies in Mansfield. Motion: To support the suggested amendment (Part A) to classify a riding stable on five or more acres agricultural. (Cadden - Annino) All in favor. Part A PASSES. Part B dealt with removing the phrase "...or by a recognized religious sect or denomination..." from the by -laws because there are so many religious organizations, and recognizing them all X,ould be too difficult. The board will return to discussion of the zoning articles after the 8:00 P.M. public hearing. 3. Modification Hearing on Massapoag Estates Developer Ron Bonvie requested permission to build two 850' temporary cul de sacs instead of the original 650' cul de sacs between Phase I and Phase II of the project. (When the subdivision was originally approved, 650' cul de sacs were standard. Currently, most cul de sacs are approved at 850') This way, he said he would not have to build and bond all 47 lots; he would be able to do 23 now and the rest in 3 -6 months. There have been some water pressure problems in the subdivision, both in the homes already built and in the street. The developer hired a consultant, who discussed the problem with the Water Department and together came up with a suggested solution to the pressure problems. Mr. Bonvie.'s original plan had involved installing a pump under the street to take care of the pressure problems, however, neither consultant thought that was the best method. The reasons for this included the amount of maintenance, and the town did not want to own or pay for the electricity to run the pump. Mr. Bonvie said the Water Department thought there was adequate fire protection in the subdivision now because the town had installed an extra fire hydrant on Maple Street. For the domestic pressure problems, Mr. Bonvie said he would be willing to buy and install pressure boosters in each house, including those already existing, at no cost to the homeowner. This was acceptable to the Water Department, The Water Department also requested there be 8" water mains connecting the cul de sacs to create a loop system. When the subdivision is continued into Phase II, the water mains will be discarded. Mr. Bonvie said he would bond Maple Street prior to beginning work on the two roadways in the subdivision. He said he had spoken to the gas company, which said it would lower the gas main on Maple Street in the late spring. Subdivision Inspector Dan Clifford is currently reviewing the bond estimate. One of the abuttors, Aldo Certuse, said he had come to an agreement with Mr. Bonvie about how the re- landscaping of his lawn will be handled. Department Head Comments The Engineering Department stated in a letter that it agreed the extra fire hydrant on Maple Street is acceptable and the street pressure is adequate. Engineering also stated that booster pumps would be needed in each home, including the existing ones, to bring the domestic pressure up to par; and that the cul de sac should be connected with 8' water mains. Put, lir Discussion Mr. Bonvie told several abuttors the work currently being done on Phase I of the subdivision would not be abandoned when the work is started on Phase II. John O'Neil of 30 Elyse Rd expressed concern about the state of several unsold lots, and Mr. Bonvie said they would be cleaned up as the building continues. Andrea Bonder of 578 Maple Street asked about the paving of Maple Street and was told the developer plans to work with the town and pave the whole street at once so it would not have any seams. The resident at 42 Patty's Road was concerned about people hanging out in the cul de sacs. Mr. Bonvie said he was doing presales so he can get homes built in that area, which will help prevent the problem. He also said that as soon as there were two houses sold and lived in, the would move the trailers and equipment he has been keeping there. Mr. Certuse told the board he was completely in accord with Mr. Bonvie's plans, which include bonding the Certuse property. Planning Board Comments Planner Flynn said she approved of everything in the plan except the cul de sac length, which she said should stay at 650'. Planner Sullivan asked how many homes were unfinished (7 -10) and said he was concerned about the water pressure in the street. Planner Annino agreed, saying he was uncomfortable with a possible fire situation and he did not want the board to set a precedent; this would not be in the best interest of the town. Chariman Madan said the board should decide how long the cul de sacs will be temporary, and if the work is not completed by the specified date, they will become permanent and the rest of the property will be rescinded. Mr. Bonvie suggested two years from the time he gets all the necessary approvals. Planner Caponigro asked if the Planning Board should be dealing with the water situation, since the Board of Selectmen act as the town's Water Commissioners and would have brought it up if there was a problem. Mr. Burke suggested the board consider having Mr. Bonvie bond all of the sites on Maple Street his project will affect, the lowering of Maple Street, Mr. Certuse's lawn, and any grading on private property. Motion: To close the public hearing. (Caponigro - Cadden) All in favor. PASSES. Motion: To approve the plans as submitted with the following amendments: 1)the board requests a letter from the Fire Department saying it knows about the second fire hydrant on Maple Street; 2)the board requests a letter from Aldo Certuse saving Mr. Bonvie has permission to work on his property; 3)the board requires completion within two years or will hold a recision hearing; 4)the applicant will put a grate on the drain pip(- at 42 Patty's Road; 5)the applicant will get the specs on the domestic pumps within the 20 day appeal period; 6)the applicant will provide the board with at least two pamphlets on the pumps; 7)the applicant will move the construction trailers when there are at least two homes built on the cul de sac; 8)the applicant will supply two or three models of pumps for the homeowners to examine; 4)the pumps shall be warranteed for at least one year; 10)the pumps Brill be installed within six months of approval. (Caponigro - Cadden) One member opposed. PASSES. Return to Agenda Item 2. Article 5, Items 1 and 2 dealt with variances. Motion: To support Items 1 and 2. (Sullivan - Cadden). One member opposed. PASSES. Article 5, Item 3 dealt with special permits. Motion: To support Item 3. (Sullivan - Annino) Two members opposed. PASSES. Article 5, Item 4 and 5 dealt with the Board of Appeals; special permits and findings. Motion: To support Items 4 and send copies of the amendment to the Board of Appeals. (Annino - Cadden) All in favor. PASSES. Article 5, Item 6 dealt with nonconforming uses. Motion: To support Item 6 without the phrase "single and two family structures." (Annino - Flynn) Three in favor, three opposed. FAILS. Motion: To remove Item 6 ' from the proposed zoning amendments. (Annino - Sullivan). All in favor. PASSES. 4. Form A Plans Lois and Donald Thomas,.Hall Street The original house is nonconforming, however the lot is, and the second lot and house would be conforming. Motion: To approve the Form A (Caponigro - Flynn) All in favor. PASSES. Mac Homes and Jess Realty Stearns Hill Avenue Notion_ To approve the Form A (Caponigro- Flvnn). All in favor. PASSES. Maryann Peterson /L &M Realty Trust Marjac Way (Land Court plan) Motion: To table until it can be verified the fee was paid. (Madan - Annino). Two in favor, three opposed. FAILS. Motion: To approve the Form A but keep the plans until it can be verified the fee was paid. (Caponigro - Flynn) Three in favor, two opposed. PASSES. Folkman /Zola Beaumont's Pond Drive Motion: To approve the Form A (Caponigro - Cadden) Three in favor, three opposed. FAILS. Mr. Burke told the board if the plan was not signed, it would sit for 21 days and automatically be signed by the Town Clerk. ( Motion: To reconsider the decision to deny the Form A. (Madan - Flynn) All in favor. PASSES. Motion: To sign the Form A (Flynn - Caponigro) Four in favor, two opposed. PASSES. 5. Correspondence Letter from Mike Trowbridge of Hutchins /Trowbridge requesting the board not hold a public hearing on his Otis Street project. The board requested Mr. Trowbridge supply more details. Letter from MacHomes requesting a fee waiver for the Stearns Ave Form A. Motion: Not to waive the fee on the Form A not already signed, but to waive it on the one the board approved. (Annino- Flynn) All in favor. PASSES. Letter from A.L. Willis requesting an extension on Appletree Farms because of a lien on the property that has not been cleared up. Motion: To accept the request with the modification that the applicant readvertise. (Annino - Sullivan) All in favor. PASSES. Findings from the Zoning Board of Appeals , .. ,. Release of covenant on Rosewood Court Lots 7 and 18, which were not included in the original release. Motion: To accept the release of covenant (Annino - Flynn) All in favor. PASSES. Release of covenant on Maverick Drive Motion: To accept the release of covenant (Annino - Caponigro) All in favor. PASSES. Letter from SRPPED to Town Manager regarding Lego The board requested a letter be sent to SRPPED explaining Mansfield's zoning and open space and recreation plan for the area, which has restrictions on growth. Letter from Shaun Burke, Director of Planning and Development, to Town Manager regarding the hiring of Jennifer M. Crotty as Executive Secretary. 6. Around the Table Planner Cadden said a resident called him regarding Mr. Burke's comments in a recent interview concerning water hookups. Planner Flynn said the board should contact whoever is responsible for water issues and suggested getting together with other boards to discuss the problem. 7. Adjournment 12:00 A.M. Date of next meeting: October 13, 1993 7:00 P.M. l I(- Y C13