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HomeMy WebLinkAboutPlanning Brd Min_10191994r „- -a +f' (_0 PLANNING BOARD MINUTES OCTOBER 19,1994 PRESENT: Chairman McClanahan, Clerk Sullivan PLANNERS: Benda, Flynn, French, Trombetta Shaun P. Burke, Director of Planning and Development 1. Meeting called to order at 7:30 P.M. 2. Public Hearing - Tara Estates Modification Motion: To appoint Clerk Sullivan Acting Chairman (French - Flynn) All in favor. PASSES Motion: To appoint Planner Flynn Acting Clerk (Bonda- French) All in favor. PASSES J; The clerk read a letter from Herb Fuller, President, East Coast Development, requesting to withdrawing the application without prejudice. Motion: To accept the withdrawal without prejudice. (Sullivan - Bonda) All in favor. PASSES. Chairman McClanahan arrived at this point. 3. Public Hearing - Rezoning of a Parcel on Franklin Street The clerk read the legal notice. Attorney Eugene Boyle representing the applicant, Demitrios Glaropoulos, said his client would like to rezone Lot 11 Franklin Street from Residential to Business for employee parking (15 -20 spaces) for Bristol Plaza. Public Comment Susan Hill, 25 Franklin Street, said she realized the parking problems but was concerned rezoning would devaluate her property and about what the applicant may use the site for in the future. She suggested the applicant buy a parcel across Route 106, which is already zoned for business. She added she had been contacted and felt pressured by the applicant and his attorney. Pat Guerinni, 69 Franklin Street, said it was inappropriate to commercialize a residential neighborhood and was concerned about commercial development creeping up the street. Ed Orlando, 49 Franklin Street, said the development would lower property values and raise noise levels. t Paul Maleko, 106 Franklin Street, said the board should not support something for one person when there were so many against it. Dan Driscoll, 153 Franklin Street, said Franklin Street is busy enough already. 1 recommendation would have a great impact on the Town Meeting vote. Bernie Guerinni, 69 Franklin Street, agreed. Susan Hill said so close to Saint Mary's cemetary is not an appropriate place for additional commercial development. Attorney Boyle apologized to Ms. Hill if he upset her and said he and his client were trying to include her in the process. He said additional parking across Route 106 would create safety problems and that noise should not be much of a factor with 15 -20 additional spaces. Regarding commercial creepage, Attorney Boyle explained that individual parcels can only be rezoned by the owners, and his client does not own any more land on Franklin Street. Attorney Boyle added that traffic will increase with or without additional parking because of Mansfield's growth. He also said his client is not in conformance with the current parking regulations of one per employee, though he was in conformance with the regulations in place at the time of approval. Richard Pace, Franklin Street, said the development would devaluate nearby homes. Bernie Guerinni said the video store was an add -on to the original plaza and was concerned about the potential for another add -on. Attorney Boyle responded that if the plaza were expanded, it would require additional parking. Board Comments Planner Trombetta asked how many spaces the plaza currently has and was told 68; 18 of which are used by employees at prime time on Friday and Saturday nights. Clerk Sullivan asked who owns Lot 11. Mr. Glaropoulos said he does because he needs additional parking to conform to current zoning requirements. Planner French asked if the applicant had had a plan drawn. Mr. Glaropoulos said he hadn't, and Chairman McClanahan said with buffer requirements, he would probably get less than 15- 20 spaces. Planner French asked if with the additional parking, could the building be expanded; Mr. Glaropoulos said he doubted it. Mr. Burke said the current by -law requires a 15 foot buffer strip for parking lots and agreed 15 -20 spaces would probably not fit. He said the applicant should check with the Building Inspector to see if new parking would have to conform to the current zoning by -law. Public Comment Susan Hill said she was not willing to remove any of her trees and the board should consider what the parcel may be used for. Dan Driscoll said the abutters would suffer if parking added. Motion: To close the public hearing (Flynn - Bonda) All in favor. PASSES. Motion: To make a negative recommendation to Town Meeting on the rezoning of Lot 11 Franklin Street. (Flynn - Sullivan) Five in favor. One opposed. PASSES. 3. Discussion of Woodlot Estates with Karl Clemmey Ken McKenzie, Dunn - McKenzie Engineering, showed the board an alternate road layout plan. The original road had been more than 1,200 feet and in the new proposal, Mr. McKenzie had shifted the roads and cul -de -sacs to shorten them. Board Comments Mr. Burke said he preferred one cul -de -sac to two, but otherwise the plans were not much different. Planner Trombetta agreed. Planner Flynn preferred to stay with the original submission. Planner French said he preferred the original, but suggested a cluster might look better and easier to engineer. Clerk Sullvian said he liked the lot shapes in the second plan better than the first. Planner Bonda said she preferred the second submission, with its shorter roads. In a straw vote, the board was three in favor of the original, three in favor of the second. 4. Correspondence 1. Memorandum from Daniel Clifford, Subdivision Inspector RE: surety amount for Stearns Hill Estates - Jay Zola 2. Memo from Joan Cutillo, Town Treasurer, RE: passbook received for Stearns Hill Estates - Jay Zola 3. Form J Release Stearns Hill Estates - Jay Zola Motion: To accept the surety amount and sign the Form J (Sullivan - Trombetta) All in favor. PASSES. 4. Memo from Dan Clifford RE: surety amount for Stearns Hill Estates - Mac Homes 5. Memo from Joan Cutillo RE: passbook received for Stearns Hill Estates - Mac Homes 6. Form J Release Stearns Hill Estates - Mac Homes Motion: To accept the surety amount and sign the Form J (Sullivan- Flynn) All in favor. PASSES. Motion: To send a memo to Joan Cutillo asking her to identify the bank with whom surety is posted. (Flynn - Bonda) All in favor. PASSES. 7. Form J Release Mill Farm Estates - Lots 1 -16, 18 Motion: To sign the Form J /Cnl 1 i van - Rn 111 4- F.r -nr 0 ACCFC 8. Form J Release Mill Farm Estates - Lot 17 Motion: To sign the Form J (Sullivan - Bonda) All in favor. PASSES 9. The board spoke with Dennis MacDonald regarding his preliminary subdivision plan, Homefield Farms II. Mr. MacDonald was advised to seek the advice of an engineer. 10. Minutes October 5, 1994 Motion: To approve the minutes as amended. (Flynn - Bonda) Planner French requested the discussion with Paul Folkman be amended to indicate the board talked about the problems on Weaver Lane, part of the same subdivision as Sturbridge Drive, and because of the lack of a specific cause of the problems there and Planning Board policy, the board decided not to recommend acceptance of Sturbridge Drive. All in favor. PASSES 11. Letter from Herb Fuller RE: Tracy Circle street acceptance 12. Letter from Herb Fuller RE: Megan's Way street acceptance 13. Memo from Shaun Burke RE: final street acceptance Motion: To continue to recommend the acceptance of the six roads; all punch list items have been completed. To release all remaining surety on those streets contingent upon the action of Town Meeting. (Sullivan - Flynn) All in favor. PASSES 14. Memo from William Williams, Town Manager RE: street acceptance 15. Memo from Dan Clifford RE: partial release of Bond A Massapoag Estates Motion: To release $2,000. (Sullivan - Flynn) All in favor. PASSES 16. Memo from Dan Clifford RE: partial release of Bond B Massapoag Estates Motion: To release $2,000 (Flynn - Trombetta) All in favor. PASSES 17. Memo from Dan Clifford RE: partial release of Bond C Massapoag Estates Motion: To release $6,083.09 (Flynn - Bonda) All in favor. PASSES 18. Letter from Herb Fuller RE: withdrawal of Tara Estates Modification 5. Around the Table Planner Bonda requested the board be informed of last- minute agenda changes. Mr. Burke suggested he make Thursday before a meeting the last day for agenda changes. Planner French asked about the 22, 1994. Mr. Burke gave the visit., beginning at 7:45 A.M. 6. Public; Discussion site walk on Saturday, October board a schedule of sites to his preliminary subdivision, Woodlot Estates. Mr. Clemmey then began a discussion of Class II licenses and said his son, Michael, had been denied by the Board of Selectmen based on comments from the Planning Board. He said he did not think that fair because others had been granted licenses and they do not conform to the zoning by -law. Mr. Burke explained that it was he, not the board, who commented on Class II applications and that on Michael Clemmey's application, he had asked if there were any circumstances on site which would require site plan review. Planner Flynn suggested that if there were Class II license holders not conforming with the zoning by -law, Mr. Clemmey should see Building Inspector Bert Cook. Mr. Clemmey asked Who? Planner Flynn repeated Bert Cook. Mr. Clemmey asked who Mr. Cook worked for, and Planner Flynn told him the Building Inspector is also the Zoning Enforcement Officer. Mr. Clemmey responded that Mr. Cook does not enforce the zoning laws in the Town of Mansfield. 7. Executive Session Motion: To go into executive session to discuss litigation Trombetta - Yes Flynn - Yes Bonda - Yes Sullivan - Yes McClanahan - Yes French - Yes PASSES 8. Adjournment Motion: To adjourn at 10:15 P.M. (French - Bonda) All in favor. PASSES Date of next meeting: November 2, 1994 at 7:30 P.M. -- ii /z / y Sig ture of Clerk Date of Approval