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HomeMy WebLinkAboutPlaning 10/07/1986PLANNING BOARD'S MINUTES OCTOBER 7, 1986 Present: Chairperson Flynn, Clerk Quinn Planners: Annino, Genatossio, Madan Planning Director Callinan 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report el) Correspondence Memo from Board of Selectmen's secretary regarding joint meeting to be held Wednesday, October 8, 1986 at 7:45 P.M. with ' ZBA and Paul Folkman requesting representative(s) of the Planning Board to attend. Memo to the Board of Selectmen regarding joint meeting with Planning Board on Zoning Amendments. Memo to Richard J. Callinan from Al Andrews regarding "Maplewood I Estates". Motion: To send a registered letter to the applicant of "Maplewood I Estates" and Mr. John T. Mahoney III stating funds will not be released at this time due to reasons stated in Construction Engineer's letter to the Planning Board dated 9/30/86. (Genatossio - Madan) All in favor. PASSES Letter to Richard J. Callinan from Joseph J. Campo regarding "Jackson Court" site site plan (to -be forwarded to Inspector of Buildings). Copy of letter sent to Inspector of Buildings, Bertram Cook, regarding Planning Board's decision on 2-4 Briston Street site plan* Request from Hidden Lane Realty Trust for release of funds for water at "Hidden Estates" Subdivision. Motion: To approve request for release of funds for water at "Hidden Estates" Subdivision in the amount of $25,258.70. (Madan - Annino) All in favor. PASSES* Motion: To send a letter to Al Andrews, Construction Engineer thanking him for his clear, concise reports to the Planning Board. Copy Rande Wilson, Town Manager and Joseph J. Campo, Town Engineer. (Quinn - Madan) All in favor. PASSES. Copy of letter sent to bank regarding release of funds for "Shiloh Estates" Copy of letter sent to Inspector of Buildings, Bertram Cook, regarding Planning Board's decision on 14 Church St. site plan. Copy of letter from Mansfield Cooperative Bank regarding balance of account for "Wedgewood Estates" Public Hearing Notice from Foxborough Zoning Board of Appeals tc -he.1-d October 15, 19860 Planning Board's Minutes October 7, 1986 Page -2- Minutes of July 2, 1986 discuss these minutes at the next meeting. The Planning Board will d - At this time, the Planning Board secretary discussed the length of minutes for previous Planning Board meetings. Planning Board members agreed that minutes have been far too lengthy. All that is necessary, technically, is ns made. Chairperson Flynn to record basics of discussions and any motto stated that due to the recent turnover of Planning Board members, secretaries and even Planning Directors, it may be necessary to include some of the discussion if it is pertinent and might be important for the Board to recall later. On a similar note, Planning Director Callinan is checking the legal cribing public hearings. He will be in touch with requirements for trans Don Schmidt and Town Counsel, John Dwyer to determine whether verbatim transcripts are necessary and if the public hearing tapes may be kept on file, transcribing only when requested. (Planners Genatossio and Annino left the meeting at 7:58 P.M.) 3. 8:00 P.M. - joint Meeting with Selectmen to discuss Zoningles Selectmen Norman Mahana, John McNair, Richard D'Onofrio, John Dunn' and Lawrence Harrington were present for this discussion. (Planners Genatossio and Annino returned to the meeting at 8:15 P.M.) Article 10, which is a General By -Law and is being sponsored by the Airport of members of the Planning Commission was discussed due to the interest Board. This article is to accept the basic FAA Standard for approach zones and clearing zones in the vicinity of the airport. The Board of Selectmen 4IN are in favor of this article. ('Selectman Dunn arrived at 8:30 P.M.) Planning Board members will review individually before Town Meeting. Article 11. Zoning By -Law amendment relating to Downtown Zoning, sponsored by the Planning Board. This amendment would be to make multi -family housing a special use in the Downtown Zoning District and second to make the mix use Commercial/Residential a special permit with no dimension requirements. Board of Selectmen feel this might take unfair advantage of anyone who is in the middle of a process if this article passes. The Planning Board is concerned with the amount of multi -family buildings being ich they feel would limit Commercial growth in the presented to the Board wh Downtown. A discussion was held regarding the issue of waiting for the results of the Master Plan before going through with any Zoning changes. The Master Plan Advisory Committee did, in fact, vote to suggest an 11 Zoning Articles until the process is indefinite postponement on a ting for the Master completed. The Board of Selectmen are in favor of waiting like to see the Plan to be complete. The Planning Board, however, would Plan is complete article pass because it may be two years before the Master and feel the people of the Town should have the opportunity to vote on what will happen with the Downtown before that length of time passes* -2- Planning Board's Minutes October 7, 1986 Page -3- Article 12. Petition to rezone "Agricultural" and "Industrial" area to "Residence C" petitioned by Franklyn A. Allen, Jr. This land is off Ware Street near the airport. There was a discussion by Planning Board members and Planning Director Callinan as to whether this would be called "spot zoning". A discussion was also held with the Selectmen regarding the possibility building multi -family homes in this area. Members of the Planning Board feel that this would be the better choice rather than more industyy in that area. The Selectmen voiced opposing views. Article 13. Petition to rezone from "Residence A" to "Commercial Zoning" petitioned by Mark S. Crichton. This property is located at School Street and Rte. 140. The petitioner needs to change the classification to "General Business" or "Downtown Business" which will have to be done on Town Meeting floor. Article 17. Petition to impose density requirements in "Residence B and C" for multi -family use to no more than the density allowed for single and two- family homes in that area. Petitioned by Philip Tighe. This relates to the area near "Concetta Drive". Both Board of Selectmen and Planning Board seem to be opposed to this article. - Articles 14 & 15. The Board of Selectmen asked for comments from the Planning Board regarding these articles even though the Planning Board does not take a stand on these articles. These articles are to see if the Town will vote to authorize its Board of Selectmen to sell land owned by the Town. Planning Director Callinan explained to the Selectmen that the Planning Board has been working with builders towards setting aside certain parcels of land for open space purpose for the Town. Article 18. Petition by Paul Folkman to change parcel of land on High Street from "Industrial" to "Residence B". After speaking with the Town Manager and Planning Director Callinan, Mr. Folkman has agreed that multi -family housing would be more compatible in this area than "Industrial" use. Mr. Folkman has spoken to the State in gaining subsidies to provide affordable housing on that land if it is rezoned* The Selectmen once again brought up the issue of waiting for the Master Plan for zoning changes of this nature. Some members of the Planning Board were in favor of this zone change and others were opposed. Article 20. Petition by Robert J. Brunelle to change a parcel of land on Ware Street from "Industrial" to "Agricultural". This article relates to a subdivision, "Treetops", which the Planning Board is currently reviewing and did recommend this rezoning to the owner. The Board of Selectmen, at this time, discussed the fact that Special Town Meeting is called for "general housekeeping" for the most part and that many of these zoning changes should have waited until the Annual Town Meeting. Nothing further was discussed by either Board as to Article 200 4. 9:35 P.M. - Continuation of Public Hearing "Northridge Estates" Chairperson Flynn opens the continuation of the Public Hearing for "Northridge Estates". The applicant, Mac Homes, left a request for an extension of this subdivision plan to November 105 1986. Motion: To approve the extension of "Northridge Estates" until November 11, 1986. (Annino-Madan) All in favor. PASSES. Planning Board's Minutes October 7, 1986 Page -4- 5. Public Discussion Attorney Garen Bresnick made a suggestion as a general approach to the Board, unofficially in relation to "Northridge Estates" discussion by the Planning Board. He stated that if negotiations between the two land owners was successful, in this case, then the Board will have a better P lan. If they are not successful, or if the Board continues the plan or " withdraws or the Board denies the present plan would leave the Board "hamstrung as well as the applicant because the Board would have to cite exactly what was deficient. That would be all that would have to be taken care of by the applicant in order to get by with the Definitive Plan. Chairperson Flynn stated that conditions have always been listed with the last item being "and any other pertinent information that may be necessary or required". The question was asked of Attorney Bresnick if the applicant must then scrutinize theplan and address every one of the concerns even if they are not listed. Mr. Bresnick stated if the Board has been very specific, but make such a statement at the end of the conditions, he feels that the applicant need only to address the issues outlined specifically by the Board. The Board agrees that one "good" reason to continue extending plans is when a possible connection between two subdivisions could be forthcoming. Planning Director Callinan feels that conditions should be extremely specific and must be met by the applicant* Joseph Zeneski, 842 East Street - Feels that if a plan is not complete, then it should not be accepted. Mr. Zeneski spoke about a group of citizens who are interested in enlisting the help of the Planning Board in appealing the decision of the Zoning Board of Appeals for granting a variance for Paul Folkman for requirements for on- siteparking for his housing project and in lieu of providing on-site parking, to use Town land. The group believes that the Town land can only be disposed of through Town Meeting vote. Mr. Zeneski stated that, under the law, an aggrieved party5 or any Town Board, can appeal that action. Mr. Zeneski stated the homework had been done so well before the variance that the group is having great difficulty finding an aggrieved abutter to back this appeal. Therefore, the group is requesting that the Planning Board vote to appeal this decision, at no cost to the Town, from the Planning Board's point of view. The cost of the appeal would be funded by the Mansfield Chapter of the organizatio Massachusetts CLEAN. Planning Director Callifnan stated that he would not recommend that the Planning Board become involved in this particular case. If citizens wish to do so, this would be fine. The Planning Board had voted a Negative Recommendation to the Zoning Board of Appeals on that particular site plan. The Board of Selectmen approved Mr. Folkmants request to use Town land and the Planning Board suggested that CLEAN might want to complaint to the Board of Selectmen rather than the Zoning Board issue their c , at the problem with the ZBA decision was of Appeals. Mr. Zeneski stated that that it did not show a hardship on that land. Lawyers contacted by CLEAN have stated that ZBA 's decision will not stand up in Court because ZBA did not show a hardship on the land* Mr. Zeneski, once again, asked the Board to vote to join CLEAN (because of the negative recommendation by the Planning Board to ZBA) in appealing the ZBA's decision. No motion was made. Planning Board's Minutes October 7, 1986 Page -5- Michael Foss, 660 North Main Street - Mr. Foss stated he had some concerns and questions regarding "Concetta Drive". First, on September 10, 1986, there was a motion by the Planning Board to grant Paul Folkman a public hearing on a waiver for corner sight distance. This motion failed 3-3 and Mr. Foss stated he was surprised to see the ad in the newspaper for this public hearing after the Board's vote failed. Planning Director Callinan stated that the applicant had a right to petition under 81W and that Mr. Callinan is still waiting for that petition from Mr. Folkman. There are no official forms for this type of petition and nothing at all has come in from Mr. Folkman. If nothing is received, the public hearing will have to be re -advertised. Planner Annino asked why the notice was put in the paper without the proper petition being filed first. Planner Annino stated that the Board usually does not advertise without receiving the proper applications first. Planning Director Callinan agreed and stated that no public hearing will be held because this application has not been received. The question was raised about notifying the applicant and the public that the hearing would not be held. Planner Genatossio stated that the applicant and the public should be notified because that plan could possibly be approved due to a technicality. Planner Genatossio reminded the Board and Mr. Callinan that the actual vote was 3-2 against the public hearing for this waiver and asked why the petition was not brought before the Board to request this public hearing as it should have been according to 81W. A lengthy discussion followed as to how this public hearing could be cancelled. Motion: To put an ad in the Mansfield News indicating that this public hearing was improperly advertised and is being withdrawn. (Quinn -Madan) NO VOTE TAKEN. Garen Bresnick, Attorney (attending this meeting relative to earlier zoning discussions) , asked if the Board was absolutely certain that no application was filed. Mr. Bresnick stated that if the application was filed and possibly mislaid and the Board withdrew the public hearing, there could be problems. Planner Genatossio explained that even if the application had been received, the Planning Board had to review the petition before a public hearing is advertised, Carol Foss, 660 North Main Street - Mrs. Foss stated that she felt it would be totally inconsiderate to the abutters to show up for the public hearing and be turned away. Mrs. Foss stated she believed the public hearing cancellation should be advertised and the abutters notified by mail. Motion: To advertise in the Sun Chronicle that the public hearing will not be held (if the Mansfield News cannot run the notice). Expense to be absorbed by applicant. (Quinn-Annino) All in favor. PASSES. A request will be made by Planning Director Callinan to run this ad in the Mansfield News. If this is not possible, the ad will be run in the Sun Chronicle to read "will not be held on this date and may be rescheduled". Mrs. Foss stated that she had checked with Town Clerk today and the petition had not been filed as of 4:00 this date. Board members dictated the following to be advertised in the newspaper: 1560 Planning Board's Minutes October 7, 1986 Page -6- Heading on the ad to read: NOTICE OF CANCELLATION OF PUBLIC HEARING "The Public Hearing under 81W and 81T, for modification for Concetta Drive will not be held.as scheduled for 10/15/86 as originally advertised and may be rescheduled at a later date." At this time, Planning Director Callinan reminded the Planning Board that "Windchime Acres" was also scheduled for a public hearing 10/15/86 and would also have to be cancelled. Motion: To advertise in the Sun Chronicle that the public hearing for Windchime wi' not be held (if the Mansfield News cannot run the notice). Expense to be absorbed by the applicant. (Quinn -Madan) All in favor. PASSES. Mrs. Foss asked the Board what the procedure would be when the written petition is received. Planning Director Callinan explained that the Board may schedule the public hearing when the petition is received and reviewed. 6. Around the Table Planner Annino asked what was happening with the Master Plan. Planner Madan stated that minutes of these meetings were sent to the Planning Board and more will be coming when the Master Plan Advisory Council has a secretary. Planner Madan explained briefly that the Council has had reports from the consultants regarding maximum buildouts in some zoning areas. Right now, with present zoning in an industrial area, the Town could end up with thirty-seven million square feet of building. Planning Director Callinan stated that this figure is almost equal to, if not greater than, the figure for the State of Massachusetts for Industrial use. The consultants will be supplying the Council with figures for buildout in the Agricultural Zone and will be looking at wetlands and poorly drained soils. The next meeting is scheduled for October 16, 1986. Planner Madan stated there are now eighteen members with a possibility of more being added and the Council will be looking for more public input. Market analysis will be worked on. Housing will also be worked on. Planning Director Callinan will be meeting with the towns of Norton and Taunton on the housing issue. Planner Genatossio openly praised Planning Director Callinan for the way Planning Director Callinan upheld his stand on the zoning article which Mr. Callinan had drawn up. Planner Genatossio mentioned that she hoped the townspeople will back the Planning Board on this article. Planning Director Callinan explained how he would be presenting this article at the Special Town Meeting. Other articles to be discussed will be the request of the Planning Director for an assistant. A suggestion was made to also request extra secretarial help. 7. Meeting adjourned at 10:30 P.M. CLERK DATE