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HomeMy WebLinkAboutPlanning 01/23/1985PLANNING BOARD'S AGENDA JANUARY 23, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of January 16, 1985 3. "Form A" plans o Starlin and Jackson - 2 lots - Mill and East Streets o The Bonwood Company - 1 lot - Maple Street o Thibedeau - 1 lot - Maple Street 4. 8:00 P.M. - Public Hearing - Matthew Estates Definitive Subdivision plan - 25 lots - Tremont Street 5. 9:00 P.M. - Public Hearing - Rezoning article - Copeland Drive 6. Discussion of Gravel Removal Zoning Bylaw 7. Discussion of Rezoning petitions for Special Town Meeting B. Around the Table 9. Public Discussion 10. Date of Next Meeting 11. Adjournment PLANNING BOARD'S MINUTES JANUARY 23, 1985 Present: Chairman Fiore, Clerk Brugliera Planners: Flynn, Boldrighini, Genatossio, Bachman and Doucette Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Correspondence A pamphlet from the Middlesex Conservation District of Littleton, MA, concerning an order blank to order seedlings for 1985. A letter from Day, Berry & Howard, Counselors at Law, to Mr. Anthony Fiore, Jr., Chairman of the Mansfield Planning Board, concerning an industrial development project to be financed on behalf of Vazza Asso- ciates in the Town of Mansfield by a revenue bond to be issued in accordance with Cahpter 40D of the Massachusetts General Laws. A memorandum from Valerie A. Talmage, Executive Director, Massachusetts Historical Commission to interested Preservationists concerning the Massachusetts Preservation Projects Fund: FY86 Pre -Application. A notice of hearing from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board. A hearing will be held on February 5, 1985, at 7:45 P.M. on the application of Peter and Mary Ann DeTrolio, Jr., for a variance for the installation of a propane gas dispensing station at 428 Elm Street, said use being an expansion of an existing non -conforming use in a Residence AA Zone. A notice of hearing from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board. A hearing will be held on February 5, 1985, at 8:00 P.M. on the application of Kevin Fallon, for a variance fro the construction of an addition for expanded day care facilities and an apartment at 1100 School Street, said use being an expansion of an existing non -conforming use in an Agricultural Zone. A copy of the Planning Board's Minutes for January 16, 1985. A copy of the Planning Board's Agenda for January 23, 1985. A Statement of Facts from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board stating that on January 3, 1985, a hearing was held on the petition of Cindy Nolan for a variance for a 3' x 7' free standing sign at 627 East Street, said sign being larger than allowed. This variance request was denied. Planning Board's Minutes Pag'e 2 January 23, 1985 A memorandum from Stephen C. Smith, Executive Director of the Southeastern Regional Planning and Economic Development District (SRPEDD) to City/Town Clerks stating that a report is enclosed summarizing SRPEDD activities pertaining to your municipality for 1984. A letter from The Commonwealth of Massachusetts Department of the Attorney General to all Town Planning Boards stating that a sample format of a letter to be edited and used as a guide by Town Clerks when submitting zoning by-laws to the Attorney General for approval. A notice from the Cooperative Extension Service U.S. Department of Agri- culture to the Planning Board stating that a conference providing informa- tion about presently operating reparian doctrine and gound water law as well as interbasin transfer as promulgated under 313 CMR XX in March 1984. This conference will be held on March 29, 1985, and is sponsored by the Southeastern Cooperative Extension Serve, Bristol Conservation District, and the Division of Conservation Services. A notice from the Executive Office of Communities & Development to;the Mansfield Planning Board regarding Quorum Requirements. 3. Minutes of January 16, 1985 Motion: To approve the Minutes of January 16, 1985. (Flynn - Boldrighini - All in favor) 4. "Form A" plans Starlin and Jackson - 2 lots - Mill and East Streets This "Form A" plan consists of a parcel of land on the westerly side of East Street and bounded southerly and easterly by Harding; southerly, easterly and southerly by Dustin; easterly, southerly and westerly by the Town of Mansfield; westerly by Starlin Inc.; northerly by Conrad; easterly by McDougall; southerly and eastelry by Lucia; southerly, east- erly and northerly by Jackson; easterly by Albertini; easterly and nor- therly by Palsic; and easterly by East Street. The applicants of this "Form A" plan are Wendell C. & Susan Jackson. This plan does not con- stitute a subdivision because Parcels A and B conbined conform to the zoning and have frontage on a public way (Mill Street). The remaining land has frontage on East Street. The second applicant of this "Form A" plan is the Starlin Inc. The parcel is described as "located on the easterly side of Mill Street, Mansfield and bounded northerly and westerly by Baldini; westerly and.souterhly by Chevalier; westerly by Kennedy; northerly, westerly and southerly by Bolin; westerly by Mill Street; nor- therly by Chintalan; westerly by Smith and Brunelli; northerly by Shaw ans McGlacklan; easterly by Jackson (Parcel B0; southerly and easterly by Town of Mansfield; westerly by Wolf, Robinson and Split and southerly by Split and westerly by Mill Street. The land shown conforms to zoning and has frontage on a public way. The checklist is complete. Motion: To sign the "Form A" plan. (Genatossio - Boldrighini - All in favor) Planning Board's Minutes Page 3 January 23, 1985 Mahoney - Maple Street - lot This "Form A" consists of a parcel of land on Maple Street on the right hand side toward Easton. The applicant of this "Form A" is John T. Mahoney III. The reason this plan does not constitute a subdivision is that the lots have sufficient road frontage on Maple Street. The check- list is complete with the exception of No. 3 which is the Dimensional requirements. The Planning Director has made a note that lotsl7A and 18A do not have the required frontage of 120 feet. The reason for this is the easements which is on this land, it is not shown on the plan and it should be, the lots should never have been created. Motion: To reject the "Form A" plan because the easements are not shown on the plan. (Flynn - Boldrighini - All in favor) 5. 8.00 P.M. - Public Hearing - Matthew Estates Definitive Subdivision plan - 25 lots - Tremont Street The public hearing for Matthew Estates began at 8:00 P.M. The hearing was adjourned at 9:00 P.M. A copy of the transcript is available in the office of the Planning Department. 6. 9.00 P.M. - Public Hearing - Rezoning Article - Copeland Drive The public hearing for the rezoning article for Copeland Drive began at 9:00 P.M. The hearing was adjourned at 9:20 P.M. A copy of the tran- script is available in the office of the Planning Department. 7. "Form A" plans Thibedeau - 1 lot - Maple Street This "Form A" plan consists of a parcel of land on Maple Street bounded westerly by Seifert, northerly by Seifert & Land, Inc., easterly by Thibedeau & Titus and southerly by Old Maple Street. The applicant of this "Form A" plan is Susan S. Thibedeau. The lot has sufficient area and frontage on an accepted way. The Planning Board has already endorsed this "Form A" plan, but it is being resubmitted because the lot number was omitted from the plan the first time it was signed and it cannot be recorded in land court unless it has a lot number. Checklist is complete. Motion: To sign the "Form A" plan. (Boldrighini - Flynn - All in favor) The Bonwood Company - 1 lot - Maple Street This "Form A" plan consists of a parcel of land northerly of Maple Street and easterly of Hartford Road, being a portion of Lot 15 within Maplewood Estates, bounded southerly, westerly and northerly by Maple Street Mansfield Realty Trust and bounded easterly by Stanrose Realty Trust. The applicant of this "Form A" plan is The Bonwood Company. The reason the plan does not constitute a subdivision is because Lot 15B is to be joined with Lot 4 (presently owned by Stanrose Realty Trust) which con- forms to zoning. The remained, Lot 15A, will still conform to zoning. The checklist is complete. Motion: To sign the "Form A" plan. (Doucette - Brugliera - All in Favor) Planning Board's Minutes Page 4 January 23, 1985 Cross - 3 lots - Morrow Street This "Form A" plan consists of a parcel on the easterly side of Morrow Street, bounded northerly by HPC Realty Trust; easterly by Nordberg, Travers, Canty, Jordan & Libbey; southerly by Pavadore, Commonwealth of Massachusetts and Moore; westerly by Morrow Street. The applicant of this "Form A: plan is Gladys S. Cross. The reason this plan does not constitute a subdivision is because Lot A & B have sufficient frontage and area on an existing street. Lot C is an existing lot created by the Town of Mansfield Rumford River taking. The checklist is not com- plete. Lot.A does not have sufficient frontage for a proper lot. Billings Street needs to be abandoned under Chapter 41, Section 81-W of the General Laws (Amending A Subdivision). This plan has not been signed by the surveyor. Motion: To reject the "Form A" plan. (Brugliera - Flynn - All in favor) 8. Discussion of Gravel Removal Zoning Bylaw The enforcement procedure can be expedited by developing a "Cease and Desist" form for the Building Inspector and a "Complaint" form for the Town Counsel. Some of the Board members had concerns about gravel removal violations that occur during non -working hours such as weekends and hol- idays. The Planning Director responded by stating that the Building Inspector is usually available on weekends if there is a major violation. When the Building Inspector is vacationing, an assistant is available for zoning enforcement. Another method of beefing up the Building Inspector's zoning enofrcement capabilities is to provide additional manpower for his department. The Board was in favor of supporting the Building Inspector's 1986 budget proposal which would provide additional assistance. 9. Discussion of Rezoning petitions for Special Town Meeting Planning Director Mannarino stated that Town Meeting has been moved to February 4, 1985, and that the Planning Board has to make a decision for three rezoning articles that they have to vote on at the Town Meeting. Central Street: Planner Genatossio stated that she believes the land in question should be changed from Industrial to Residential A because of the residential character of the neighborhood. She was also concerned about any new industrial uses being placed on the vacant lot and how this might adversely impact the neighborhood. Other members of the Board believe that being adjacent to a railroad line and APR currently operating at this location are strong reasons for not changing the zoning. In addition, rezoning the land to Residence A would devalue the property in question as to be a taking. Also the design of the rezoning petition could be considered spot zoning and could create even greater problems if adopted by Town Meeting. Motion: To recommend against rezoning the land on Central Street. (Brugliera - Fiore - Bachman - Boldrighini) (Genatossio and Flynn opposed) (Doucette abstained because he was not present at the public hearing) Planning Board's Minutes 'Page 5 January 23, 1985 West Street - To rezone from Residence A to the classification of Special Business, the parcel of land situated on the northerly side of West Street, the southwest corner of which is located on the northerly sideline of West Street at Station 5 + 21. All the members were in agreement that this pe- tition was not a good use of the land, it was not in the publics' best interest and it was not in conformance with the 1972 Master Plan Map. Motion: To recommend against rezoning the land on West Street (Genatossio - Boldrighini - Fiore - Bachman - Brugliera - Flynn) (Doucette abstained from voting as he was not present at the public hearing) Copeland Street - To rezone from its present classification, which is Residence A, to the classification of General Business, land presently owned by Emerson P. Grant and situated on the northeasterly side of Cope- land Drive (Route 140) and being shown as Lot A on that plan entitled "Plan of Land in Mansfield, MA owned by Emerson P. & Edna C. Grant and contains 2.444 acres. The discussion centered around the adjacent uses around the land in question which included a supermarket, railroad line, single family homes and Copeland Avenue. Across Copeland Avenue is a Commercial Area and apartments. The Master Land Use Plan of 1971 rec- ommended this property be used for Commercial Use. Motion: To recommend to rezone from Residence A to General Business because this is seen as the best and highest use. (Brugliera - Doucette - Genatossio - Fiore - Boldrighini - Bachman) (Flynn voted against rezoning from Residence A to General Business) 10. Around the Table Clerk Brugliera asked the Planning Director what was being done about the lights being turned on at Partridge Lane. Planning Director Mannarino replied that he has talked to Mr. Marcheselli and was told that the street lighting would be turned on soon. Clerk Brugliera also stated that when you go down School Street and take a right onto Elm Street, Dick Staples has bought a piece of land down there and has some heavy equipment on it; Clerk Brugliera wants to know what type of activity was going on there. Planning Director Mannarino replied that there are no firm plans, but that he has heard a construction yard was being planned at that location. Planner Genatossio stated that she attended the Knights of Columbus meeting concering pornographic bookstores and that people are trying to get it zoned into the Special Business Zone in order to restrict it to a certain area in Town because right now it is allowed in the business zone and any industrial zone. Planning Director Mannarino stated that as long as it is allowed it may as well be channeled to a certain section of Town. A few of the Planning Board members were concerned about allowing these people in the Town and controlling this type of operation. Planner Boldrighini stated that while the Clerk is reading no one should be talking because it is very difficult to hear what is being said. 11. Date of Next Meeting is January 30, 1985, at 7:30 P.M. Planning Boards Minutes Page 6 January 23, 1985 12. Meeting adjourned at 10:45 P.M. t} CLERK r 4A44, 3/0 5 DATE �% CLERK r 4A44, 3/0 5 DATE �%