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HomeMy WebLinkAboutPlanning Brd Minutes 3/30/1988PLANNING BOARD'S MINUTES MARCH 30, 1988 =1 Present: Chairman Quinn, Clerk Annino Planners: *Caponigro, Flynn, Madan, McClanahan, Sohn Planning Director LaCasse 1. Meeting called to order at 7 :30 P.M. (Planner McClanahan left the meeting at this time.) 2. 7 :30 P.M. - Public Hearing - Proposed Zoning Amendment - By Petition by Michael A McClanahan - Re2oning land situated on the easterly side of Highland Avenue and north of Howe Street At 7:30 P.M., Chairman Quinn opened the public hearing for the proposed zoning amendment by petition of Michael A. McClanahan to rezone land situated on the easterly side of Highland Avenue and north of Howe Street. At 7:40 P.M. this public hearing was closed. (Tape recording of this public hearing on file in the Planning Department office.) The following people spoke at this public hearing: Michael Trowbridge, Hutchins - Trowbridge Associates, representing petitioner. The following motion was made at this public hearing: Mptip r:: To close the public hearing for the proposed zoning amendment by petition of Michael A. McClanahan to rezone land situated on the easterly side of Highland Avenue and north of Howe Street, accepting written input from the Board of Selectmen, Master Plan Advisory Council and the public until April 20, 1988 when the Planning Board will make a decision. (Sohn:- Madan) All in favor. PASSES. (Planner McClanahan returned to the meeting at this time.) o. Clerk's Report Correspondence Copy of letter to Superintendent of Schools, Robert Barbarisi, from Planning Board regarding Mr. Barbarisi's statement to the press. Letter to Planning Board from Superintendent of Schools, Robert Barbarisi, in defense of his statement to the press... ( *Planner'Caponigro entered the meeting at 7:45 P.M.) Memo to Michel LaCasse, Planning Director, from Robert E. Powers, Subdivision Supervisor recommending release of 456,637 for water and drainage at Massapoag Estates subdivision. Motion: To release $86,637 for partial completion of drainage and completion of water at the "Massapoag Estates" subdivision. Copy of letter to Mr. and Mrs. George Silvi from Planning Director LaCasse regarding public hearing for street abandonment. 1 Planning Board's Minutes March 30, 1988 Page -2- Bond estimate for Blandori /Dei Webster St. /Perkins Avenue development in the amount of $30,105.90. Motion: To accept the bond estimate for Blandori /Dei Webster St. /Perkins Ave. development in the amount of $30,105.90. Letter to Planning Board from Mark Hanewich, Esq., Attorney, regarding "Hidden Estates" bond release. Copy of letter from Planning Board to Mr. and Mrs. John Cleary informing them that they are on the agenda April 133 1988 at 8:30 P.M. to discuss barrel entrance at "Mas sapoag Estates ". Copy of letter to John T. Mahoney regarding Planning Board acceptance of fence around retention basin at "Maplewood Estates ". Copy of memo to Board of Selectmen, Master Plan Advisory Council and Conserva- tion Commission from Planning Board requesting comments on zoning amendments. At this time, the Planning Board discussed ongoing problems with the "Hidden Estates" subdivision and the possibility of inviting Mr. Canaday, his attorney Mr. Hanewich and Robert E. Powers, Subdivision Supervisor to a Planning Board meeting in the future to resolve these problems. Motion: Tn respond in writing to Mr. Canaday stating that the Planning Board is working on establishing the amount of the release of funds for the "Hidden Estates" subdivision. (Flynn- Caponiaro) All in favor. PASSES. Memo from Planning Director LaCasse recommending $24,266 be released for the completion of White's Pond, Motion: To release $24,266 for completion of White's Pond. (Annino- Caponigro) All in favor. PASSES. 4. 8.00 P f, - o u lir Hearing - Proposed Zoning Amendment - Sponsored by the Mansfield Planning Board /Conservation Commission to amend Section I.E. of the Zoning By -Laws ( "Pork chop lots ") At 8:00 P.M.. Chairman Quinn opened the public hearing for proposed zoning amendment to Section I.E. of the Zoning By -Laws. At 8:05 P.M. this public hear- ing was closed. (Tape recording of this public hearing on file in the Planning Department office.) The following people spoke at this public hearing: Mr. Donald Baker, D.A. Baker Construction Co. The following motion was made at this public hearing: Motion: To close the public hearing for proposed zoning amendment to Section I.E. of the Zoning By -Laws. (Madan - McClanahan) All in favor. PASSES. 2 Planning Board's Minutes March 30, 1988 Page -3- Motion: To support Article 37 at Town Meeting - proposed zoning amendment to Section I.E. of the Zoning By -Laws. (Annino- Madan) All in favor. PASSES. 5. Correspondence (Cont.) Copy of letter to Special Town Counsel, Alphonse Query, from Planning Board requesting Mr. Query's comments on proposed zoning articles by private citizens. Copy of letter to Steven Clarke, Commonwealth Engineering from Planning Board notifying Mr. Clarke that he is scheduled to be on the agenda April 6, 1988 at 9:30 P.M. for a pre - preliminary review of "Village at Gilbert St. ". Copy of letter to Anastasia Kanellopoulas, Norton Town Planner representing the Canoe River Aquifer Advisory Committee, from the Planning Board, notifying her that this committee is scheduled on the Planning Board agenda 4/13/88 and 5/11/88. Copy of letter to Mr. J. T. Cronin, District Highway Engineer, from Thomas--E. Dwyer, Town Manager regarding comprehensive engineering study for the heavy com- mercial vehicle exclusion on Central Street. Public hearing notices, Town of Plainville. Public hearing notices, Town of Foxboro. 6. "Form A" (ANR) Plan Hope Street Mansfield Realty Trust - Hope Street Motion: To sign the "Form A" (ANR) plan for Hope Street Mansfield Realty Trust for property located on Hope Street. (Caponigro - Flynn) All in favor. PASSES. (Planners Caponigro, McClanahan and Sohn left the meeting at this time.) At this time, Planner Madan stated that he is concerned that the Town Manager does not have time to look at the site plan review process prepared by Bert Cook, but has the time to review the heavy commercial vehicle exclusion on Central Street. Planner Madan does not feel there is enough heavy commercial traffic in that particular area to make an issue out of. Motion: To invite Thomas E. Dwyer, Town Manager to a Planning Board meeting to explain the rationale for designating that area to exclude trucks and for more information on the type of exclusion. - IFlynn- Madan) All in favor. PASSES. (Chairman Quinn called for a five minute break at this time.) 7. 8:30 P.M. Public Hearing - Proposed Zoning Amendment - Sponsored by the Mansfield Planning Board /Conservation Commission to amend Section V.1.2 of the Zoning By -Laws At 8:30 P.M., Chairman Quinn opened the public hearing for the proposed zoning amendment to Section V.I.2 of the Zoning By -Laws. At 8:44 P.M. this public hearing was closed. (Tape recording of this public hearing on file in the Plan- ning Department office.) 3 Planning Board's Minutes March 30, 1988 Page -4- ( It was noted that the Public Hearing Notice appearing in the Mansfield News er- roneously quoted "Section 50 "1 Chapter 131. This was a typographical error on the part of the newspaper but was correctly typed as "Section 40" in the Warrant for Town Meeting. The following people spoke at this public hearing: Karl Clemmey, 750 South Main Street. The following motions were made at this public hearing: Motion: To change the text of Article 33 as part of the main motion at Tosco Meeting by leaving in place the following sentence: ...D.E.Q.E. "Said soils are specifically described in a document en titled "Soil Survey of Bristol County Massachusetts (Northern Part)" prepared by the United States Department of Agriculture, Soil Conser- vation Service," unless... (Flynn - Caponigro) All in favor. PASSES. Motion: To close the public hearing to amend Section V.I.2 of the Zoning By- Laws. (Flynn - Caponigro) Motion: To amend the main motion to allow written input from the public and Conservation Agent, Richard Lewis) until April 203 198B. (Flynn.- McClanahan) All in favor. PASSES. Motion: To close the public hearing to amend Section V.I.2 of the Zoning By- Laws allowing written input from Conservation Agent, Richard Lewis, by April 20, 1988. (Flynn - Caponigro) All in favor. PASSES. ,,. 0:45 P.M. - Public Hearino - Proposed Zonino Amendment - Sponsored by the Mansfield Planning Board to amend Section III.E. paragraphs a. and b, of the Zoning By -Laws At 8:45 P.M.) Chairman Quinn opened the public hearing for proposed zoning amendment to Section III.E., paragraphs a. and b. of the Zoning By -Laws. At 8 :48 P.M., this public hearing was closed. (Tape recording of this public hear- ing on file in the Planning Department office.) No public present for discussion. Motion: To close the public hearing for proposed zoning amendment to Section iII.E, paragraphs a. and b. of the Zoning By -Laws. (Madan - Flynn) All in favor. PASSES. Motion: To support Article 34 at Town Meeting - proposed zoning amendment to Section III.E., paragraphs a. and b. of the Zoning By -Laws. ( Caponigro- Flynn) All in favor. PASSES. ` 9. Correspondence (Cont.) Booklet for Housing Rehabilitation Programs: The State -of- the -Art. 4 Planning Board's Minutes March 30, 1988 Page -5- Urban Land Institute subscription offer to "Project Reference File ". APA Bulletin Board. ULI Professional Development Seminars. New England Economic Indicators Monthly Update. Massachusetts Housing Report from EOCD. 10. Variance Reouests Richard Rackette, Trustee, 87 West Street for 109 West St._ Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Rackette for Dorothy C. Jones, 109 West Street, to convert a single family dwelling to a two family dwelling. (Madan - Flynn) All in favor. PASSES. Mark and Marcia Reddington- Lawton, 3 Cherry Street. Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Lawton to construct an addition to an ex- isting non - conforming dwelling at 3 Cherry Street. (Madan - McClanahan) Planners Madan, McClanahan and Sohn in favor, Planners Annino, Flynn, Caponigro opposed. Chairman Quinn abstains. FAILS. {Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Lawton to construct an addition to an ex- isting non - conforming dwelling at 3 Cherry Street. ( Flynn- Annino) Planners Flynn, Annino, Sohn, Caponigro, and Chairman Quinn in favor, Planners Madan and McClanahan opposed. PASSES. iI. Y:00 P.M, - Oublic Hearing - Proposed Zoning Amendment - Soonsored by the Mansfield Planning Board to amend Section IV.C.1 of the Zoning By -Laws At ?:00 P.M., Chairman Quinn opened the Public Hearing for proposed zoning amendment to Section IV.C.1 of the Zoning By -Laws. At 9:02 P.M. this public hearing was closed. (Tape recording of this public hearing on file in the Plan- ning Department office.) No public present for discussion. The following motions were made at this public hearing: Motion: To close the public hearing for proposed zoning amendment to Section IV.C.1 of the Zoning By -Laws. (Madan- Caponigro) All in favor. PASSES. Motion: To support Article 35 at Town Meeting - proposed zoning amendment to Section IV.C.1 of the Zoning By -Laws. (Annino - Caponigro) All in favor. PASSES. 12. Zoning Requests (Cont.) William F Miller, 101 School Street 11 Planning Board's Minutes March 30, 19ee Page -6- Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Miller to convert an existing single family dwelling to two family at 101 School Street due to the fact variance derogates from the intent of the Zoning By -Laws and due to insufficient parking. (Annino - Flynn) All in favor. PASSES. Rudolph Sibilia, 10 Dean Street Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of Sibilia to subdivide a parcel of land at 10 Dean Street. (Caponigro- McClanahan) Planners Caponigro, McClanahan and Sohn in favor. Planners Annino, Flynn and Madan opposed. Chairman Quinn abstains. FAILS. Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Sibilia to subdivide a parcel of land at 10 Dean Street due to the fact that this variance derogates from the intent of the Zoning By -Laws. (Flynn- Madan) Planners Flynn, Madan, Annino and Chairman Quinn in favor. Planners Caponigro, McClanahan and Sohn opposed. PASSES. Mansfield Lodoe of Elks, No. 2633 - Eastman Street Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance application of the Mansfield Lodge of Elks, No. 2633, to construct a building on a lot on Eastman Street (Rte. 106). (Caponigro - McClanahan) Motion: To amend the main motion to add the condition that 100' natural landscaped buffer be added to the parking area. (Madan - McClanahan) Planners Madan, McClanahan, Caponigro, Annino, Sohn and Chairman Guinn in favor. Planner Flynn opposed. PASSES. Planners Madan, McClanahan, Caponigro, Sohn and Chairman Quinn in favor of approving the main motion as amended. Planners Flynn and Annino opposed. PASSES. 13. 9.15 P.M. - Public Hearing - Proposed Zoning Amendment - Sponsored by the Mansfield Planning Board to Amend Section V C.3 i.• Item 1, of the Zoning By- Laws At 9:15 P.M., Chairman Quinn opened the public hearing for proposed zoning amendment to Section V.C.3.j., Item 1, of the Zoning By -Laws. At 9:23 P.M. this public hearing was closed. (Tape recording of this public hearing on file in the Planning Department office.) No public present for discussion. The following motions were made at this public hearing: Motion: To close the public hearing for the proposed zoning amendment to Sec- tion V.C.3.j., Item 1, of the Zoning By -Laws. ` (Caponigro- McClanahan) Motion: To amend the main motion to include written input from the public N Planning Board's Minutes March 30, 1988 Page -7- until April 20, 1988 when the Planning Board will make a decision. (Flynn - McClanahan) Planners Flynn, McClanahan, Caponigro, Sohn, Annino and Chairman Quinn in favor. Planner Madan'opposed. PASSES. All in favor of the main motion as amended. PASSES. 13. "Form A" (ANR) Plans Paul & Rosemarie Boyden, Howe Street Motion: To sign the "Form A" (ANR) Plan for Boyden for property located on Howe Street for registration purposes. Lots shown not to be construed as buildable. (Caponigro - Madan) Planners Caponigro, Madan, Sohn, Annino, Flynn and Chairman Quinn in favor. Planner McClanahan abstains. PASSES. 14. 9.30 P.M. - Public Hearing - Proposed Zoning Amendment - Sponsored by the Mansfield Planning Board to Amend SEction III.E. of the Zoning By -Laws At 9:30 P.M., Chairman Quinn opened the public hearing for the proposed zoning amendment to Section III.E. of the Zoning By -Laws. At 9:35 P.M., this public hearing was closed. (Tape recording of this public hearing on file in the Plan- ning Department office.) No public was present for discussion. The following motions were made at this public hearing: Motion: To close the public hearing =or Article 38 - proposed zoning amendment to Section III.E. of the Zoning By -Laws. (Madan- Caponigro) All in favor. PASSES. Motion: To recommend Article 38 be withdrawn on Town Meeting floor. (Madan - McClanahan) All in favor. PASSES. 15. "rnrr A" (ANR) Plans (fontinuLd) Alan Brown - Wessel Avenue Motion: To not sign the "Form A" (ANR) plan for Brown for property on Wessel Avenue due to the fact that this plan has illusionary access. (Flynn- Madan) Planners Flynn, Madan, McClanahan, Sohn, Caponigro and Chairman Quinn in favor. Planner Annino abstains. PASSES. 16. Around the Table Planning Director LaCasse spoke to the Planning Board regarding a plan submitted by Attorney Michelmore of Foxboro requesting assurance from the Board that this plan is not a subdivision. The consensus of the Board is that, on the surface, the plan shows a driveway, not a road. Planning Director LaCasse stated that Mr. Karl Clemmey will be doing a traffic study for the area on Copeland Drive where Mr. Clemmey is proposing a zoning change. 7 Planning Board's Minutes March 30, 1988 Page -8- Mr. Welsh, a resident of "Maplewood Estates II ", contacted Planning Director LaCasse and requested time on the Planning Board agenda to discuss problems within that subdivision, specifically regarding the retention basin. Motion: To reconsider the vote taken at last week's meeting regarding "Maplewood Estates II" subdivision. (Sohn - Flynn) Planners Sohn, Flynn and Annino in favor. Planners Caponigro, McClanahan and Madan opposed. Chairman'Quinn abstains. FAILS. As part of the final inspection for Lewis Road at the "Maplewood II" subdivi- sion, a review will be made to determine if the retention area was built accord- ing to specs. If it wasn't, Planning Director LaCasse stated the Planning Board would have the authority to intervene and possibly hold a modification hearing. Chairman Quinn feels the Planning Board should write to the Board of Selectmen and inform them that the board was caught in a change of regulations when this subdivision was approved and this retention area could be a potential safety hazard and perhaps the Selectmen should authorize the building of a Tot-in fence. The Board will wait for the inspection process to be complete. 17. 9:45 P,M. - Public Hearing - Proposed Zoninq Amendments - Sponsored by the Mansfield Planninq Board to Amend Section V.M. of the Zoning By -Laws At 9:45 P.M., Chairman Quinn opened the public hearing for the proposed zoning amendment to Section V.M. of the Zoning By -Laws. At 9:50 this public hearing was closed. (Tape recording of this public hearing on file in the Planning Department office.) No public was present for discussion. The following motions were made at this public hearing: Motion: To close the public hearing for proposed zoning amendment to Section V.M. of the Zoning By -Laws. (Caponigro - McClanahan) All in favor. PASSES, Motion: To support Article 39 at Town Meeting - proposed zoning amendment to Section V.M. of the Zoning By -Laws. ( Annino- Caponigro) All in favor. PASSES. 18. Around the Table (Continued) Planning Director LaCasse stated he would like to implement a summer schedule for Planning Board meetings from Memorial Day to Labor Day, possibly meeting every other week. Motion: To have Planning Director LaCasse work out a summer schedule for Planning Board meetings. (Madan- McClanahan) All in favor. PASSES. Planner Flynn discussed the possibility of implementing impact fees, which Wel- lesley is now doing. A percentage of the impact fee would go towards off site ( improvements for the specific development being reviewed. This will be added to the worklist. Board discussed possibility of implementing fees by July 1, 1988. F7 Planning Board's Minutes March 30, 1988 Page -9- Chairman Quinn informed the Planning Board that he and Planner Madan had at- tended a Fin /Com meeting recently. At this meeting, the Town Manager stated he thought the Planning Board fees were outrageously low. Chairman Quinn informed Mr. Dwyer that Planning Board fees would be reviewed after Town Meeting and if there was a need to raise fees, they would be ready for the next fiscal year. Planning Director LaCasse stated he did not believe that the budget can be cut (due to the override for 2 1/2 failing) for the Planning Department because fees are collected in the amount of $65,000 to $75,000 per year. Board members dis- cussed whether fees covered the inspections for the entire life of the subdivi- sion. Also discussed was the possibility of removing advertising costs for public hearings from the budget and placing the responsibility of payment on the ap- plicant. Planner Flynn asked Planning Director LaCasse to check the plans for "Balcom Ridge" to see what subdivision regulations were in effect at the time the plan was approved (even though it was approved by default). The plan shows bituminous curbing and, if the new regulations were in effect, granite curbing should be shown. 19. Meeting adjourned at 10:00 P.M. CLERK 1: A C 171 ARCH 30, 1988 7:'30 P.k. r Public Hearing ARTICLE 47 To see if the Town will amend the Zoning By -Laws and Zoning Map to the extent necessary to rezone the described parcel of land from Residence A to Residence B designation. r PARCEL DESCRIPTION: Land located on the easterly side of Highland Avenue and north of Howe Street, bounded and described as follows: "Beginning at a point approximately 104 feet north of Howe Street along the easterly side of Highland Avenue; thence an easterly direction of approximately 805 feet to the Rumford River backwash; thence turning northerly running along the center of said Rumford River backwash to a point.of approximately 550 feet; thence turning westerly a distance of approximately 820 feet to a point; thence approximately 75 feet in a southerly direction to a point; thence turning westerly approximately 85 .feet to Highland Avenue; thence southerly approximately 390 feet to the beginning." Also shown on Assessors Map 18 parcel 188 -202, 203 -207, 211 - 225, 226 as well as Woods Avenue (proposed) and renamed "Mary Alice Way ", or take any action in relation thereto. BY PETITION: Michael A. McClanahan 121 Rumford Avenue 8:00 P.ffi. - Public 68aarong ARTICLE 37 To see if the Town will vote to amend Section I.E. of the Zoning By -Laws by adding the following paragraph: Lot Width: The width of any lot shall be no less than the minimum lot frontage dimension as provided in Section IV.B., for a distance equal to the required frontage measured at a 900 angle from the front of the lot as described herein." NOTE: Lots 'approved prior to the adoption of this bylaw are exempt. and to amend Section IV.B. of the Zoning By -Laws to provide after the third note, designated by a * #, the following statement: "See also the related definition of "Lot Width* as provided in Section I.E.18.a." or take any action in relation thereto. SPONSOR: Planning Board 8-30 P.M. - Public Hearing ARTICLE 33 To see if the Town will vote to amend Section V.I.2, by deleting paragraph a. and b. in their entirety, of the Zoning By- Laws and inserting the following: "a. A primary use building shall not be erected in the Resident A, Residence B, Residence C, Residence AA, and Agriculture Districts on a lot which contains a permanent body of water; or swamp and freshwater wetland, as defined by Section 40, Chapter 131, H.G.L. and all relevant regulations as promulgated by D.E.Q.E., unless said lot conforms to the following minimum lot sizes and contains the minimum buildable area which would be exclusive of said body of water; or swamp and freshwater wetland. Residence AA Residence A Residence B Residence C Agriculture Fulton Pond Residential In all lots affected by this Inspector shall require that building permit' the applicant documentation to demonstrate provision. Minimum Lot Areas 18,000 15,000 15,000 10.,000 30,000 15,000 Minimum Buildable Lot Area 15,000 15,000 15,000 10,000 25,000 15,000 provision, the Building prior to the issuance of a presents sufficient compliance with this. b. A primary use building shall not be erected in the Downtown Business, General Business, Special Business, and Industrial Districts, on swamps and freshwater wetland, as defined by Section 40, Chapter 131, M.G.L. and all relevant regulations as promulgated by unless the.required permits are obtained from the Board of Health and /or the Conservation Commission." or take any action in relation thereof. SPONSOR: Planning Board Conservation Commission 8 =45 P.M. - Public Heating ARTICLE 34 To see if the Town will vote to amend Section III.E., paragraphs a. and b., of the Zoning By -laws as follows: To delete Item 9 of Section III.E.a. or take any action in relation thereto. SPONSOR: Planning Board 0 9 :00 P.M. - Public Bearing ARTICLE 35 To see if the Town will vote to amend Section IV.C.1 of the Zoning By -Laws by deleting paragraph "1." and inserting the following: TM1. To conserve the peace and tranquillity of the residents to prevent unsightly vistas and to insure the purpose of this By -Law as stated in Section I, screenings and buffers shall be required on all industrial zoned land wherever the industrial zone abuts any residential zone or the agricultural zone, except inhere the zone line is a public Way. " - or take any action in relation thereto. SPONSOR: Planning Board 9 :15 P.M. - Public Hearing ARTICLE 36 To see if the Town will vote to amend Section V.C.3•J. Item 1, of the Zoning By -Laws by adding the following sentence to Item 1: "Should the applicant decide to provide for off - street parking, it shall be done so in accordance with Section V.C.3 of the Zoning By- Laws." or take any action in relation thereto. SPONSOR: Planning Board t 9_30 P. X. - Public Hearing ARTICLE 38 To see if the Town will vote to amend Section III.E. of the Zoning By -Laws referring to the Agriculture District; to read as follows: "E. AGRICULTURE /RURAL RESIDENTIAL" and to change all sections referring to the Agriculture District to "Agriculture /Rural Residential ". or take any action in relation thereto. SPONSOR: Planning Board 9:45 P.ffi. - Public Hearing ARTICLE 39 - To see.if the Town will vote to amend Section V.M. of the Zoning By -Laws, referring to the Special Permit Requirements, as follows: -- To change the title to read: "SPECIAL PERMIT REQUIREMENTS"._ -- To delete the title Section.V.M.1, Item 18, and add the following: "Such other information as may be required by the Planning Board or its agent which is pertinent to the issuance of the Special Permit." -- To change Section V.M.2. to read: "2. TECHNICAL REQUIREMENTS FOR BUSINESS DEVELOPMENT" -- To delete Items b., c., and d., of Section •V.M.2. or take any action in relation thereto. SPONSOR: Planning Board