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HomeMy WebLinkAboutPlanning 03/26/1986PLANNING BOARD'S MINUTES MARCH 26, 1986 Present: Chairperson Flynn, Clerk Quinn Planners: Fiore, Genatossio, Madan and Annino Planning Director Callinan 1. Meeting called to order at 7:40 P.M. 2. Correspondence A copy of the Planning Board's Pending Business List. A copy of a letter from Bertram M. Cook, Inspector of Buildings, to Mr. James M. Graham, Project Engineer for Condyne, Inc., regarding the removal of suplus material from the lot at 390 Oakland Street. A copy of this letter was sent to the Planning Board. A copy of a letter from Richard J. Callinan, Planning Director, to the Registry of Deeds regarding the approved amendments to the "Rules and Regulations Governing the Subdivision of Lnad, Mansfield, Massachusetts". A copy of a letter from Richard J. Callinan, Planning Director to the Recorder of Land Court regarding the approved amendments to the "Rules and Regulations Governing the Subdivision of Land, Mansfield, Massa- chusetts". A copy of a letter from Richard J. Callinan, Planning Director, to Donald Schmidt, Municipal Zoning and Land Use of the Commonwealth of Massachu- . setts, regarding the proper submission of zoning articles under Section 5, Chapter 40A, Massachusetts General Laws. A memorandum from Judith F. Scott, Town Clerk, to all boards and committees regarding the scheduling of meeting rooms. A copy of a letter from Richard J. Callinan, Planning Director, to Mr. S. Russell Sylva, Commissioner of the Department of Environmental Quality Engineering, regarding the Hatheway and Patterson Company expansion. A copy of a letter from Richard J. Callinan, Planning Director, to Mr. Earl Evans, Chairman of the Brisol Conservation District, requesting soils surveys be conducted for the "Shiloh Estates" and the "Massapoag Estates" definitive subdivisions. A notice of public hearing from the Town of Plainville Planning Board. A hearing will be held on April 4, 1986, at 8:00 P.M. Planning Boardis Minutes 1,986March 26, Page 2 A copy of a notice of public hearing from the Town of Norton Planning Boards A hearing will be held on Tuesday, May 6, 1986. A copy _of a notice of public hearing from the City of Attleboro Planning Board. Hearings will be held on Monday, April 14, 1986, beginning at 7:30 P.M. A copy of a notice of public hearing from the Town of Norton Planning Boards A hearing will be held on May 6, 1986, at 8:30 P.M. A pamphlet from the Local Groundwater Management Programs in Professional Education, ,,Cornell University. A pamphlet from the National Main Street Center National Trust for Historic Preservation. A pamphlet from'the Lincoln Institute of Lnad Policy. *Planner Fiore entered during correspondence. 3. Review Performance Bond for "Austin Farms" Subdivision Chairperson Flynn stated that since there are not enough members present at this meeting this evening which were voting members of the "Austin Farms" subdivision, she would like the Board to put this item on hold until all the voting members are present (Genatossio, Boldrighini, Flynn and Fiore). This item will be placed on the agenda for next Monday's meetings 4. Additional Correspondence The Planning Board received a letter from The Folkman Company requesting a scenic road hearing to be held concurrently with the definitive subdivision hearing for the "Massapoag Estates" subdivision. Motion: To hold the scenic road hearing concurrently with the P ublic hearing for the "Massapoag Estates" definitive subdivision plane (Quinn - Annino - All in favor) The Planning Board received a letter from Gelerman and Cashman, Attorneys at Law, regarding professional services rendered on behalf of the Mansfield Planning Board regarding the Foxboro Terminals Company. The bill is in the amount of $133.00. Motion: To forward this bill to the Board of Selectmen for payment. (Quinn - Annino - All in f avor) 5. 8:00 P.M. - Public Hearing - Planned Residential Development - Zoning Article The public hearing for the zoning article for Planned Residential Development began at 8:00 P.M. The hearing was closed at 9:50 P.M. A copy of the tran- script is available in the Planning Department offices Planning Board's Minutes March 26, 1986 Page 3 The following people spoke at this public hearing: Natalie Broderick,- 50 Darby Drive, Mansfield Kelley Spedden 12 Granada Circle, Mansfield Karen Galanti 329 Franklin Street, Mansfield Bernard -McKinley— 9 Robin Hill Road, Mansfield Thomas French - 20 Gilbert Street, Mansfield Paul O'Neill - 294 Gilbert Street, Mansfield Richard Gordon - 407 West Street, Mansfield Joseph Zeneski - 842 East Street, Mansfield Teddie Hornung - 153 High Street, Mansfield Carl Nelson - 68 Spring Street, Mansfield Nelia Phillips - 285 Hope Street, Mansfield Leonard Flynn - 102 Jewell Street, Mansfield Joan Brennick - 291 Hope Street, Mansfield Ken Brennick 291 Hope Street, Mansfield Terry Welsh 4 Granada Circle, Mansfield Andrew Barr 24 Spring Street, Mansfield Chairperson Flynn informed the public at the close of this meeting that a vote of the Board will be taken at a future meeting of the Board. 6, 10:00 P.M, Public Hearing - Rezone Land from "Agricultural" to "General 'Business" Route 106 The public hearing for the zoning article for the rezoning of land on Route 106 from "Agricultural" to "General Business" began at 10:00 P.M. The hearing was closed at 10:17 P.M. A copy of the transcript is available in the Planning Department offices The following people spoke at this public hearing: Karl Clemmey - 750 South Main Street, Mansfield Joseph Zeneski - 842 East Street, Mansfield Karen Galanti - 329 Franklin Street, Mansfield Chairperson Flynn informed the public at the close of this meeting that a vote of the Board will be taken at a future meeting of the Board., 7. 10:17 P.M. Public Hearing - Rezone Land from "Special Business" to "General Business" Route 140 The public hearing for the zoning article for the rezoning of land on Route 140 from "Special Business" to "General Business" began at 10:17 P.M. The hearing was closed at 10:28 P.M. A copy of the transcript is available in the Planning Department office. The following people spoke at this public hearing: Karl Clemmey - 750 South Main Street, Mansfield Ken Brennick - 291 Hope Street, Mansfield Paul O'Neill - 294 Gilbert Street, Mansfield Leonard Flynn - 102 Jewell Street, Mansfield Planning Board's Minutes March 26, 1986 Page 4 8. 10:28 P.M. - Public Hearing 60,000 Square Foot Lots within the Water Supply Protection District Zoning Article The public hearing for the zoning article for 60,000 square foot lots within the Water Supply Protection District began at 10:28 P.M. At this time, Chairperson Flynn informed the public that this hearing will be con- tinued until next Wednesday, April 2, 1986, at 7:45 P.M., in order to allow time for proper review. Motion: To postpone this hearing until Wednesday, April 2, 1986, at 7:45 P.M. (Quinn - Madan - All in favor) Chairperson Flynn thanked the public for attending these hearings this evening and again stated that the Board will be voting on these articles at a future meeting. 9. "Form A" (ANR) Plans - Route 106 The Planning Board received a letter from Robert C. Currivan requesting that the Board review the two*(2) "Form A" (ANR) plans which have been submitted. The checklists for these two (2) plans have not been com- pleted and, therefore, the Board will review these plans next Monday at their meeting. However, the Board did have a question as to whether or not this land would be protected should the rezoning article for this land pass at the Annual Town Meeting. Planning Director Callinan stated that the use of the land would still be protected -so that the applicants could use this land for either residential use or a general business use. 10. Variance ADDlications Mansfield Board of Selectmen - Appeal from the Decision of the Inspector of Buildings regarding a Proposed Truck Terminal at 390 Oakland Street A hearing will be held on Tuesday, April 1,, 1986, at 8:00 P.M. on the application of the Mansfield Board of Selectmen for an appeal from the decision of the Inspector of Buildings regarding a proposed truck term- inal at 390 Oakland Street. There is no existing building on the site at this time and the extent of the proposed alterations would be to erect a building for truck terminal use. The grounds for the appeal is that the truck traffic generated by this use is of grave concern to the Board of Selectmen due to public safety issues recently discussed; the access is severely restricted and under study to restrict certain uses relative to truck traffic. The public way supporting access to the area does not allow the safe manuvering of tractor trailer vehicles. The future development which attracts and increases the flow of tractor trailer vehicles is in the Board of Selectmen's opinion a detriment to the Town and a threat to the public safety of pedestrians and residents in the area. Planner Gena- tossio stated that originally the Planning Board had made a negative recommendation on this site plan and, according to the Zoning Bylaw, the Inspector of Buildings is supposed to notify the Board within fourteen (14) days if he makes a different determination than the Board recommended; the Board has not received a letter from him. Clerk Quinn stated that this matter should be addressed to the Board of Selectmen and the Town Manager asking them why the Board cannot get a response on this matter from the Inspector of Buildings. Planning Director Callinan stated that the Planning Board's Minutes March 26, 1986 Page 5 Inspector of Buildings usually upholds the decision of the Planning Board and he feels that the Board should write a letter to the Inspector of Buildings instead of the Board of Selectmen or the Town Manager. Planner Genatossio disagreed with this and stated that the Board has sent him letters in the past and have received no response. Motion: To send a letter to the Inspector of Buildings with a copy going to the Board of Selectmen and to the Town Manager requesting a reason as to why he does not notify the Board when he makes a different determination on a site plan. (Quinn - Genatossio, - discussion followed) Planner Fiore stated that he does not feel that this should be copied to the Board of Selectmen, it should just be copied to the Town Manager because he is the one who is the administrator of the Town. He does not feel that the Selectmen need to be involved. Motion: To amend the original motion by deleting sending a copy of this letter to the Board of Selectmen. (Fiore - Annino - Madan) (Genatossio - Quinn - Flynn opposed to this motion) FAILS Motion: To send a letter to the Inspector of Buildings with a copy going to the Board of Selectmen and to the Town Manager requesting a reason as to why he does not notify the Board when he makes a different determination on a site plan. (Quinn - Genatossio - Annino - Flynn) (Madan and Fiore opposed to this motion) PASSES Planning Director Callinan stated that the specific instances be listed in this letter to the Inspector of Buildings in order that he can directly address the reasons that different determinations were made on the site plans. Motion: To send a letter to the Zoning Board of Appeals supporting the Board of Selectmen's appeal from the decision of the Inspector of Buildings and cite the original reasons for the Planning Board's negative recommendation in this letter to the Board of Appeals. (Quinn - Genatossio - Flynn - Fiore - Annino) (Madan was opposed to this motion) PASSES Winfred W. Spencer - 38 Atwood Street A hearing will be held on Tuesday, April 1, 1986, on the application of Winfred W. Spencer for a variance for a lot on 38 Atwood Street, said lot having less than 100 foot frontage which is non -conforming in a Residence A Zone. The present use of the premises is residential; the size of the existing building is 24 feet by 38 feet; the proposed use of the premises is not listed. A gentleman from the public informed the Board that the applicant of this variance owns land adjoining this parcel. Since this was brought to the Board's attention, they felt that hardship was not shown on this application and, therefore, the variance should not be granted. Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Spencer for 38 Atwood Street due to the fact that the applicant owns adjoining land and, therefore, there is no hardship shown. (Fiore - Madan - All in favor) Planning Board's Minutes March 26, 1986 Page 6 "Maplewood Estates Phase IV Review Covenant The Planning Board received a covenant form submitted by Maple Street Mansfield Realty Trust for the "Maplewood Estates Phase IV subdivision* Planner Fiore stated that everything seems to be in order. Motion: To approve the covenant for the "Maplewood Estates Phase IV subdivision. (Fiore - Quinn - All in favor) 12. The Board received a copy of a memorandum from Richard J. Callinan, Planning Director, to the Finance Committee requesting additional funding for the Fiscal 1987 Budget for the Planning Department, Supplies, Printing and Ad- vertising. Planning Director Callinan stated that since the new Subdivision Rules and Regulations are now in affect, the Planning Department will be paying for the advertisement and mailing of all items dealing with definitive subdivisions and, therefore, the money will be needed up front for these ex- penses. Clerk Quinn -stated that a motion is needed in order to amend the budget at the Town Meeting. Motion: To sponsor this item as stated in the Planning Director's memorandum and to put a hold on this line item (1-450-451- 2-5420) at Town Meeting in order to have it amended according to the Planning Director's recommendations. (Quinn - Fiore - All in favor) 13. Around the Table Planner Genatossio stated that the Board has received copies of letters sent to the Fire Chief and the Police Chief in order that they give testimony re- garding the Foxboro Terminals matter; she would like to know if letters will also be sent to the former DPW Director and the former Planning Director as they were involved in this matter, Planner Fiore informed her that if Attorney Gelerman wanted testimony from these individuals, he would have to do it in a deposition form due to the fact that these individuals are no longer employees of the Town. Planner Genatossio also stated that a letter was sent to Joseph Campo, Town Engineer, stating that he will be contacting Whitman and Howard to arrange for expert testimony with regard to the proposed use on the drinking supply as well as the noise impact of the Foxboro Terminals project; she stated that she believes the Board stated that they would like to have Lycott give this expert testimony. Planning Director Callinan stated that he will speak to the Town Engineer on this matter as it may just be a misunderstanding* Planner Genatossio stated there is a large number of lots before the Board for approval on Route 106 and Stearns Avenue and she would like to know if the Board can require an Environmental Impact Statement due to the problems this area has with drainage. Planning Director Callinan stated that there is no regulation in the Bylaw which requires this and, therefore, the Board cannot require it, but they can ask the developers to do this as they have done in the past. Chairperson Flynn stated that she has read the grant information which the Planning Director sent the Planning Board members and she feels that all the members of the Board should review this information carefully in order that they can discuss it next week as she has many concerns with this matter since it is taking away a lot of the power from the Town boards and committees. Clerk Quinn asked if the informational memorandum has been sent to the Board. Planning Director Callinan stated that this information is forthcoming. Planning Board's Minutes March 26, 1986 Page 7 it Clerk Quinn asked if there has been an advertisement placed in the paper for the citizen -at -large positions which are open on the Growth Management Council. Planning Director Callinan stated that this has been advertised and the deadline date is April 14, 1986. 14. Public Discussion Joseph Zeneski, 842 East Street, asked the Board if they have received a response from Donald Schmidt, EOCD, regarding the submission of zoning ar- ticles. Chairperson Flynn stated that the Planning Director has written a letter to Mr. Schmidt, but has received no response as yet. Mr. Zeneski would like to know if there is a way that the Board can be sure to have a response back from Mr. Schmidt before the public hearing next week for the 60,000 square foot lots within the Water Supply Protection District which is being sponsored by the Board of Selectmen. Chairperson Flynn stated that she will contact Mro Schmidt and inform him of this fact* 15. Date of Next Meeting is Monday, March 31, 1986, at 7:30 P.M. 16. Meeting adjourned at 11:10 P.M.