HomeMy WebLinkAboutPlanning 04/16/1986r
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MAY 1 1986
PLANNING BOARD'S
MINUTES
APRIL 16, 1986
Present: Chairperson Flynn, Acting Clerk Madan
Planners: Annino, Boldrighini and -Fiore
Planning Director Callinan
1. Meeting called to order at 7:30 P.M.
2. Clerk's Report
Correspondence
A letter from James L. McIntyre, Attorney, to the Mansfield Planning Board
regarding the preliminary subdivision plan entitled "Eastleigh Estates
North".
A letter from James L. McIntyre, Attorney, to the Mansfield Planning Board
regarding the preliminary subdivision plan entitled "Eastleigh Estates
South".
A copy of a letter from James L. McIntyre, Attorney, to the Town Clerk
stating that the applicant of the "Eastleigh Estates V subdivision plan
withdraws the plan from further consideration by the Mansfield Planning
Board, effective immediately, reserving his right to submit other prelimi-
nary plans for consideration concerning the same tracts of land.
A bill from Gelerman and Cashman, Attorneys at Law, regarding professional
services rendered on behalf of the Mansfield Planning Board regarding the
Foxboro Terminal Company. This total due is $120.00.
A statement of facts from the Mansfield Zoning Board of Appeals regarding
the application of Yuin Chung to construct a two-family dwelling on a lot
on Mansfield Avenue, said use being non -conforming in an Industrial Zone.
The variance request was denied.
A statement of facts from the Mansfield Zoning Board of Appeals regarding
the application of John E. Hagerty to construct an addition to an existing
single family dwelling on a non -conforming lot at 33 Wilson Place, said
addition having less than 15 foot sideyards which are non -conforming in a
Residence A Zone.
A letter from Linda Stanley, Senior Planning Aide of Attleboro, to the
Planning and Land Use Office regarding the consideration of the raising of
filing fees.
Planning Board's Minutes
April 16, 1986
Page 2
A pamphlet from the Cooperative Extension Service, Southeast Region,
A pamphlet from the Executive Office of Communities and Development.
A statement of facts from the Mansfield Zoning Board of Appeals regarding
the application of Richard G. Coffey to construct an addition to an ex-
isting single family dwelling at 7 Mill Street, said existing dwelling
having less than a 30 foot frontyard which is non -conforming in a Residence
A Zone. This variance was granted.
A letter from Richard A. Gelerman, Attorney, to the Mansfield Planning
Board, regarding the Foxboro Terminals, Inc. versus Joseph Brugliera, et
al.
A memorandum from Edward J. Tartufo, Chairman of the Board of Health, to
the Planning Board regarding Article 24 for the Annual Town Meeting re-
garding ground water protection.
A letter from Hugo DiMartino, Hugo's Equipment Inc., to Richard Callinan,
Planning Director, informing the town that Hugo's Equipment Inc. will be
installing water mains and the drainage system for the Golden Hill Homes
subdivision on Franklin Street. Work will begin on or before April 21,
19860
A letter from Edward J. Broderick, President of The Broderick Corporation,
to Richard Callinan, Planning Director, regarding the "Camelot at Mansfield"
drainage ditch. The Broderick Corporation agrees to line the drainage ditch
with pervious fabric with crushed stone on top. The edges of the fabric will
have soil placed on top such that the soils blends to the crushed stone.
A letter from Richard A. Gelerman, Attorney, to the Mansfield Planning Board,
regarding a follow up to their bill of April 8, 1986. The previous balance
due should be $952.00 and the total due should be $1,072.00.
A pamphlet from the Pigrim Resource Conservation and Development Area Council,
Inc.
A copy of a letter from Paul J. Folkman, President of The Folkman Company Inc.,
to the residents of the Wind Chime Acres Subdivis**ion regarding the completion
of roadway construction on the Wind Chime Acres Subdivision.
A memorandum from the Construction Inspector to the Planning Director regarding
the "Granada Park" subdivision.
A copy of a notice of public hearing from the Town of Norton Planning Board.
A hearing will be held on Tuesday, April 15, 1986, at 9:00 P.M.
3. 7:45 P.M. - Jean Thurber - Discussion of parking and traffic in the Samoset
Avenue, Bristol and Church Streets areas
Jean Thurber, 16 Samoset Avenue, presented the Board members with a package
of the concerns the people living in this area have regarding the traffic,
the parking and the safety of children. There was also a map attached to this
package which showed the businesses in the area. Ms. Thurber stated that if
Planning Board's Minutes
April 16, 1986
Page 3
any more businesses are placed in this area, the situation will be made much
worse..: She presented photographs and noted instances.in which trucks would
be parked on the side of the road blocking driveways and also the turns which
the trucks must make on these roads which are very narrow. She stated that
there are approximately 35 children in this area and she is very concerned
about their safety. She has spoken to the Town Manager on this matter be-
cause there are a lot of tractor trailers parked in this area for the
Telephone Company. She has spoken to the police on this matter also and
was informed that although the traffic is terrible in that area and no more
business should be allowed in that area, there is really nothing they can do
about it at this point. Planner.Boldrighini asked her if she had talked to
the Telephone Company on the matter of their parks blocking driveways and
traffic. Ms. Thurber stated that she has spoken to them and was informed that
they would take care of the problem, the police have also spoken to the Tele-
phone Company and requested that they do not block the roadway any longer, but
the Telephone Company does not seem to care. The neighbors in this area have
been informed that one of the houses is going to be sold and used as a restau-
rant and they feel that if this does happen, it will make the congestion much
worse. She stated that the Telephone Company has a back parking area, but they
do not use it. She has informed the Board of Selectmen of this problem and was
informed that she should speak to the Police Department, which she did. The
Town Manager has a letter from the Fire Chief and the Building Inspector in-
forming him that this is a very hazardous area. The Town Manager and the Board
of Selectmen informed Ms. Thurber that she should approach the Planning Board
with this problem to see if they could do anything to alleviate the problems.
Motion: To send a letter to the Telephone Company, the Police Chief,
the Board of Selectmen and the Town Manager regarding this
matter.
(Fiore - Annino - All in favor)
Chairperson Flynn stated that the Planning Board does have intentions of
working on this problem in the future, but she does not know what can be done
immediately to help alleviate their problems. Dan Thurber, Samoset Avenue,
stated that he was informed that if the building for the Mansfield House of
Pizza was in conformand with the By -Laws of the Town, then none of the abutters
had to be notified and he stated that although this is true, the building is
not in conformance with the By -Laws (e.g. employee parking and loading zones).
Planning Director Callinan pointed out to Mr. Thurber that these items were not
necessary because these exist in the Downtown District where such requirements
are not necessary according to the By -Law. He also informed Mr. Thurber that
he can sit down with the Building Inspector to talk about this and he can also
appeal the decision of the Building Inspector in granting this permit. Mr.
Lambros,9 Bristol Street, stated that he has spoken to the Building Inspector
regarding this matter; the Building Inspector is very upset that the restau-
rant is going in, but since it is in the By -Laws as an allowed use, he has no
other choice. A gentlemen in the public informed the Board that the roadways
in this area are about 26 feet wide and they cannot support both traffic and
parking and the conditions are very unsafe. Chairperson Flynn stated that
the neighbors should speak with the Police Department and the Building In-
spector because it will be a long time before the Board can bring anything
to Town Meeting on this area; she also informed these people that they should
go to the Board of Selectmen again because any traffic restrictions must be
approved by them and then the Massachusetts Department of Public Works. Ms.
Thurber thanked the Board for their time and stated that she would just like
the Board to be aware that they are against any more business going in this
area due to the traffic congestion,
Planning Board's Minutes
April 16, 1986
Page 4
4. 8:10 P.M. Public Hearing "Jason Lane" 8 lots off East Street
The public hearing ring for the "Jason Lane" definitive subdivision began at
8:10 P.M. The hearing was closed at 8:35 PM. A copy of the transcript
is available in the Planning Department office*
The following people spoke at this public hearing:
Michael Trowbridge - RIM Engineering Company, Inc*
5. 8:35 P.M. - Public Hearing - "Shiloh Estates" - 10 lots off Essex Street
The public hearing for the "Shiloh Estates" definitive subdivision began
at 8:35 P.M. The hearing was closed at 9:00 P.M. A copy of the transcript
is available in the Planning Department officeo
The following people spoke at this public hearing:
James Dunn - Dunn Engineering Company, Inc.
Benjamin Flint - 832 East Street, Mansfield
6. Chairperson Flynn stated that a public hearing must be set for the "Balcom
Ridge Estates" definitive subdivision plan as the deadline is May 31, 19860
The Planning Board decided to hold this public hearing on May 14, 1986, at
8:00 P.M.
7. 9:05 P.M. - Public Hearing "Shamrock Heights" - Possible Reconsideration
The public hearing for the "Shamrock Heights" subdivision for the possible
reconsideration of the Planning Board's original vote began at 9:05 P.M.
The hearing was closed at 9:45 P.M. A copy of the transcript is available
in the Planning Department office*
The following people spoke at this public hearing:
Garen Bresnick - representing the Foxfield Corporation, applicants
Milton Wells - 949 West Street, Mansfield
Constance McTernan 953 West Street, Mansfield
Ramin Khoshatefeh 945 West Street, Mansfield
Phyllis Khoshatefeh - 945 West Street, Mansfield
Henry Briggs - 33 Grove Street, Mansfield
The following motions were made at this public hearing:
Motion: To reconsider the Planning Board's original vote on this subdivi-
sion plan.
(Boldrighini - Annino - Flynn - Madan)
(Planner Fiore abstained from voting.)
PASSES
Motion: To amend the existing conditions by waiving the roadway width
by two (2) feet towards the westerly side of the street so
thatthe earlier conditions of the front yard setbacks will
be satisfied.
(Boldrighini - Madan - Flynn - Annino)
(Planner Fiore abstained from voting.)
PASSES
.planning Board's Minutes
April 16, 1986
Page 5
Motion: To approve the subdivision plan for "Shamrock Heights" with
the waiver for the roadway width as the soils have been
analyzed and found to be adequate and the Town Engineer is
satisfied with the drainage for the subdivision.
(Annino - Madan - Flynn - Boldrighini)
(Planner Fiore abstained from voting.)
PASSES
8. Review Site Plan for ar-Proposed Garage , 500 School Street
Acting Clerk Madan read the comment from the Planning Director which states
that due to its lack of information, incomplete application and obvious
violations of drainage, pavement and landscaping requirements, he does not
recommend, at this time, approval or even conditions for the site plan.
Motion: To send a negative recommendation to the Inspector of Buildings
on the application for 500 School Street due to the incomplete
information as stated in the Planning Director's memorandums
(Fiore - Annino - All in favor)
The Planning Board would like to know specifically what was not addressed
on the plan that needs to be ad -dressed. Planning Director Callinan stated
that the parking area shows no pavement being proposed in that area, the
amount of landscaping is not shown, there is no design storm on this area
and there was an incomplete application because there was no original. Mr.
Jack Smith, applicant, informed the Board that he had an approval on this,
but, at that time due to circumstances, they did not complete the project.
He spoke with the Inspector of Buildings and was informed that he must come
to the Planning Board and receive a recommendation on this site plan again.
However, they were not able to locate the original to this plan and, there-
fore, they had to make copies of the copies that they had which is the reason
that the whole plan -is very difficult to read. He stated that this plan is
for a storage building for tools, etc, there will be no loading area as it
will be a walk in storage building. He would like to know what other in-
formation the Board needed from him in order to get a recommendation on the
plan. Planning Director Callinan stated that he would like to sit down with
Mr. Smith and possibly the Building Inspector and discus, ' swhat is needed for
the plan in order to update it. He also stated that in the letter to the
Inspector of Buildings, it should be stated that the site plan does not con-
form to Section V. C. 3. and Section V. K. of the Mansfield Zoning Bylaw.
Acting Clerk Madan would like to know if the applicant can withdraw his plan
and then resubmit it at a later date. Planning Director Callinan stated that
this is not really necessary because the negative recommendation from the
Planning Board to the Building Inspector will not really affect the position
of the site plan. He will sit down with the applicant and speak with him on
this site plan.
9. Discuss Subdivision Regulations Revisions
The Board reviewed the revision to Section IV. A. 1g. for the Subdivision
Regulations and found this to be acceptable wording for dealing with the
erection of stop signs on proposed streets that intersect other proposed
streets of the same design capacity.
Motion: To approve the amendment to the Subdivision Regulations
as stated.
(Fiore - Madan - All in favor)
Planning Board's Minutes
April 16, 1986
Page 6
10. Chairperson Flynn stated that she must leave the meeting at this time and
she would just like to, ask a few questions before she leaves. She would
like to know if the other Subdivision Regulation revisions which have been
voted on, both the first and the second set, have been sent to the Registry
of Deeds and the Recorder of Land Court. Planning Director Callinan stated
that both these sets of revisions have been forwarded to the Registry of
Deeds and the Recorder of Land Court, and they are now in affect.
Chairperson Flynn stated that she has spoken to the Town Manager and was
informed that the Planning Board does not have to give a report to the Town
Meeting on,their recommendation for the sale of the Spaulding School. She
was concerned with the wording which the Planning Board recommended to read
"to allow the Board of Selectmen to sell the Spaulding School" and whether
that would be brought up at Town Meeting. Planning Director Callinan stated
that he has spoken to the Town Manager about this recommendation and the
Town Manager felt that it was a good recommendation to change the wording.
Chairperson Flynn would like to know if the Board took a vote on increasing
the amount of the Planning Department's Supplies, Printing and Advertising
account by $1,000 in order to cover the cost of advertising for the defini-
tive subdivision as the Subdivision Regulations have been amended and the
applicant will no longer pay for the mailing or the advertising of these
public hearings and, therefore, an increase in the budget is needed. Planning
Director Callinan stated that the Board has taken a vote to endorse his re-
commendation. He stated that he has spoken to the Town Manager on this matter,
but he has not notified the Finance Committee. Chairperson Flynn suggested
that either the Planning Director or herself could speak with the Finance
Committee on this matter because if a letter is sent, they will not receive
it in time for the Town Meeting. The Board agreed to this matter.
*At this point, Chairperson Flynn left the meeting.
Acting Clerk Madan will be Temporary Acting Chairperson.
Motion: To have Planner Annino be Temporary Acting Clerk.
(Fiore - Boldrighini - All in favor)
11. "Form A" (ANR) plans
The Broderick Corporation - West Street
The applicant of this "Form A" (ANR) plan is The Broderick Corporation. This
"Form A" (ANR) plan consists of a parcel of land on the westerly side of West
Street bounded northerly by Broderick; easterly by West Street; southerly and
westerly by the Town of Mansfield. The reason this plan does not constitute
a subdivision is because the lots have sufficient area and frontage as per zon-
ing. The checklist is complete.
Motion: To sign the "Form A" (ANR) plan for The Broderick Corporation
on West Street.
(Boldrighini - Fiore - All in favor)
Planning Board's - Minutes
April 16, 1986
Page 7
Paul and Laura Cannata - Elm Street and Elm Terrace
The applicants.of this "Form A" (ANR) plan are Paul and Laura Cannata.
This "Form l" (ANR) plan consists of a 5,24 acre parcel of land situated
between Elm Street and Elm Terrace. The reason this plan does not con-
stitute a subdivision is because there is sufficient frontage and area as
per zoning. The checklist is complete.
Motion: To sign the "Form A" (ANR) plan for Paul and Laura Cannata
for Elm Street and Elm Terrace.
(Fiore - Boldrighini - All in favor)
Cabot, Cabot and Forbes - Plymouth Street
The applicants of this "Form A" (ANR) plan are Cabot, Cabot and Forbes.
This "Form A" (ANR) plan consists of property on the east side of Plymouth
Street bounded northerly by Route 495; easterly and southerly by W.R.C.
Properties, Inc.; southerwesterly by Plymouth Street and westerly by the
Nissan Motor Corporation in U.S.A. The reason this plan does not consti-
tute a subdivision is because there is frontage on the street and the plan
conforms to the Mansfield Zoning By -Law. The checklist is complete.
Motion: To sign the "Form A" (ANR) plan for Cabot, Cabot and Forbes
for Plymouth Street.
(Boldrighini - Anfiino - All in favor)
Twin Oaks Associates Limited Partnership - Oakland Street
The applicant of this "Form A" (ANR) plan is Twin Oaks Associates Limited
Partnership. This "Form A" (ANR) plan consists of 449,263 square feet of
land bounded by Oakland Street, Swett Street and Shields Street. Lot 43
consists of 312,024 square feet of land while Lot 44 consists of 137,439
square feet of land. The reason this plan does not constitute a subdivi-
sion is because 1) Lot 43 has frontage on Oakland Street and Swett Street
which are both public ways. Lot 44 has frontage on Swett Street and Shields
Street which are both public ways. 2) Lots 43 and 44 meet the minimum front-
age requirements contained in the Zoning By -Laws of the Town of Mansfield.
The minimum frontage in a Residence B district is 100 feet. Lot 43 has
501.40 feet of frontage on Oakland Street and 490.47 feet on frontage on
Swett Street. Lot 44 has approximately 256.84 feet of frontage on Shields
Street and 157.64 feet of frontage on Swett Street. The checklist is com-
plete with the exception of Item 8 which is the notice of any decisions by
the Zoning Board of Appeals. Planning Director Callinan stated that a
letter should be sent to the Zoning Board of Appeals and the Building In-
spector informing them of this land division due to the fact that this was
granted under a Special Permit and, therefore, the intensity has to be con-
sidered.
Motion: To approve the "Form A" (ANR) plan for Twin Oaks Associates
Limited Partnership for Oakland Street and to also send a
letter to the Zoning Board of Appeals with a carbon copy to
the Building Inspector informing them of the division of
this land due to the fact that because this use was under
a Special Permit, the intensity of the use has to be con-
sidered.
(Fiore - Boldrighini - All in favor)
'Planning Board's Minutes
April 16, 1986
Page 8
12. Around the Table
Acting Chairperson Madan stated that he was always under the -impression
that the contractors inTownwere allowed to work from 7:00 A.M, until
dusk and he has been getting phone calls about this matter and would like
to know what the general procedure is because some of these : contractors
are beginning work at 5:00 A.M. or 6:00 A.M. He would also like to know
who polices.these matters. Planner Fiore stated that he believes this
would fall under the Police Department's jurisdiction because it would be
considered a public nuisance because of the noise. Acting Chaiperson Madan
stated that he has spoken to the Police Department and were informed that
it was not under their Jurisdiction. Planning Director Callinan stated
that Acting Chairperson Madan should obtain a copy of the Town's General
By -Laws to determine whose jurisdiction this would fall under. Planner
Fiore stated that the Board can place some reasonable working hours with-
in the Subdivision Regulations and, therefore, the contractors would have
to conform to these hours; he suggested it be from 7 A.M. until dusk*
Acting Clerk Annino stated that on Williams Street there is a new building
being erected and it seems very close to wetlands, there is also a hole
that is almost full of water, it is a few lots up from the Wading River.
Planning Director Callinan stated that he will speak to the Building In-
spector on this matter.
Acting Clerk Annino stated that he has a concern on the recommendation
that the Planning Board made on the article for the Planned Residential
Developments to be acted upon at Town Meeting. He is concerned about en-
forcing the one year time limit on this article and he would like to know
if the Board would have to go back to another Town Meeting at a later date
to take this regulation off the Zoning By -Law. Planning Director Callinan
stated that the Board would not have to go back to another Town Meeting to
remove this regulation from the By -Laws because it would be stated right
in the By -Law that this regulation is only active between the specific dates.
The regulation will automatically become uneffective after that date, if it
were to remain effective, it will have to be voted upon at another Town
Meeting. He also stated that if the Board were to recommend an overlay
zone for this particular parcel of land to be developed in a Planned Resii_
dential Development, then that would be considered spot zoning. Town Coun-
sel also informed him that there would be less of a problem with limiting
the amount of time that this regulation is effective than there would be if
the Board suggested an overlay zone. It would be stated in the By-law that
this provision would be effective from the date of Town Meeting until one
year later. Acting Clerk Annino stated that maybe the Board is being pre-
mature in sending a positive recommendation on this provision without having
a Master Plan. Planning Director Callinan disagreed stating that the Town
is growing at such a rapid pace that this gives the Board an alternative to
a conventional subdivision and this is a very well written bylaw for this
type of development. He stated that with the Special Permit process, the
Board can address many of the issues that they cannot address in a conven-
tional subdivision and if the conditions of the Special Permit are,not met,
the permit can always be denied. He also pointed out that the applicants of
these Special Permits are usually willing to do more things than they would in
a conventional subdivision because they are going to get more of a return on
the Planned Residential Development.
Planning Board's Minutes
April 16, 1986
Page 9
13. Public Discussion
No comments at.this time.
14., Date of Next Meeting is Tuesday, April 22, 1986, at 7:00 P.M., at the
Mansfield High School.
15. Meeting adjourned at 10:45 P.M.
mak;, .�
CLERK
DATE