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HomeMy WebLinkAboutPlanning 04/16/1986r 7", . . . . . . . . . . . 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