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HomeMy WebLinkAboutPlanning 01/30/19859 PLANNING BOARD'S AGENDA JANUARY 30, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of January 23, 1985 3. Variance Applications 7:40 P.M. - DeTrolio - expansion of a non -conforming lot - West Street 7:50 P.M. - Fallon - expansion of a non -conforming lot - School Street 4. Discussion of Matthew Estates definitive subdivision plan - 25 lots - Tremont Street - deadline 2/14/85 5. Discussion of Planning Board articles for Town Meeting 6. "Form A" plans 7. Around the Table 8. Public Discussion 9. Date of Next Meeting 10. Adjournment PLANNING BOARD'S MINUTES JANUARY 30, 1985 Present: Acting Chairman Brugliera, Acting Clerk Doucette Planners: Bachman, Boldrighini, Genatossio^ and Fiore* Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Motion: To have Planner Doucette be Acting Clerk. (Boldrighini - Bachman - All in favor) 3. Correspondence A copy of the Planning Board's Agenda for January 30, 1985. A copy of the Pending Business for the Planning Board. A copy of a letter from Joseph A. Fanalc, Chief Right of Way Agent to Mr. Karl D. Clemmey confirming that free access to the property on the Northerly side of West Street from about Station 4 t 45 to Mr. Clemmey's westerly property line is allowed. A layout sheet was attached. A memorandum from Joseph Mannarino, Planning Director, to the Planning Board concerning the summary of the Town Department comments for Matthew Estates definitive subdivision plan. A brochure from the Cooperative Extension Service concerning Management Choices for the Resources and Environment. A copy of a letter from Joseph Mannarino, Planning Director, to Mr. Kevin Fallon concerning an application for a variance. The Planning Board will be discussing the variance request at their meeting to be held on Wednesday, January 30, 1985, at 7:50 P.M. A copy of a letter from Joseph Mannarino, Planning Director, to Mr. Peter DeTrolio, Jr., concerning an application for a variance. The Planning Board will be discussing the variance request at their meeting to be held on Wednesday, January 30, 1985, at 7:40 P.M. A letter from Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, to Judith F. Scott, Town Clerk of the Town of Mansfield, stating that the Planning Board voted on Wednesday, January 23, 1985, not to en- dorse the "Form A" plan submitted by Gladys Cross because the plan indicates a subdivision since Lot A does not have sufficient frontage for a lot in the Residence A District and is not signed by a registered surveyor. Planning Board's Minutes January 30, 1985 Page 2 A letter from Anthony N. Fiore, Jr., Chairman of the Manfield Planning Board, to Judith F. Scott, Town Clerk of the Town of Mansfield, stating that the Planning Board voted on Wednesday, January 23, 1985, not to endorse the "Form A" plan submitted by Mr. Mahoney because the division of lots along Maple Street indicates a subdivision, since lots 17A and 18A have insufficient frontage in the Agricultural District. A memorandum from Anthony Durbano, Chairman of the Conservation Commi- ssion, to Joseph Mannarino, Planning Director, regarding Site Plan Reviews on the following proposed subdivisions: Austin Farms - A Wetland Hearing will be held on this subdivision; Fuller Estates - A Notice of Intent will be required; and Westhaver Farms - A Notice of Intent will be required. A copy of the Planning Board's Minutes from January 23, 1985. A copy of a memorandum from Joseph Mannarino, Planning Director, to various department heads concerning the review of Subdivision Plans and requesting comments in writing by the dates which are listed. A letter from Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk of the Town of Mansfield, concerning an amendment to the Zoning Bylaw for the rezoning on Central Street and the Planning Board's decision in this matter. A letter from Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk of the Town of Mansfield, concerning an amendment to the Zoning Bylaw for the rezoning on Copeland Drive and the Planning Board's decision in this matter. A statement of facts from the Mansfield Zoning Board of Appeals to the Mansfield Planning Board concerning the application of Richard E. Thomp- son for a variance to convert from single family use at 958 Maple Street, to two family use, said use being non -conforming in an Agricultural Zone. On January 3, 1985, it was voted four to one to deny the petition. A notice of a public hearing from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board stating that a hearing will be held on February 5, 1985, at 8:00 P.M. on the application of Kevin Fallon, for 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 notice of a public hearing from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board stating that a hearing will be held on February 5, 1985, at 7:45 P.M. on the application of Peter & 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 a public hearing from the North Attleborough Planning Board. on February 7, 1985, at 7:30 P.M. a hearing will be held on the possibility of the North Attleborough Planning Board rescinding a previously approved subdivision plan referred to as Abbott Run Valley Estates located on Mendon Road. Planning Board's Minutes January 30, 1985 Page 3 A notice of a public hearing from the North Attleborough Planning Board. A public hearing will be held on Thursday, February 7, 1985, at 9:15 P.M. to amend Section IX - Definitions of the Zoning Bylaws in its entirety. A copy of a notice of public hearing for the Town of Mansfield Planning Board. A hearing will be held on Wednesday, February 13, 1985, on the following matters: Westhaver Farms - the application of the Evelyn Allen Trust to subdivide a parcel of land located on the easterly side of Franklin Street. The proposal is for the subdivision of 36 lots. Fuller Estates - the application of The Evelyn Allen Trust to subdivide a parcel of land located on the southerly side of Winter Street and the easterly side of Maple Street. The proposal is for the subdivision of 9 lots. 4. Minutes of January 23, 1985 Motion: To approve as amended. (Bachman - Doucette - All in favor) Acting Chairman Brugliera noted that on Page 5, under No. 10 - Around the Table - it is stated that he was the Chairman at the meeting. It should be changed to read Clerk Brugliera on two counts, not Chairman Brugliera. 5. Variance Applications 7.40 P.M. DeTrolio - Expansion of a non -conforming lot - West Street The owner and applicant of the premises is Peter and Mary Ann DeTrolio, Jr. The location of the premises is 428 Elm Street, located in Residence AA Zone. The size of the existing building is 32' x 56', which is, used as a Variety Store. The proposed use of the premises for the sale of propane gas. The alterations would be the installation of a propane gas dispensing station in back portion of lot. The applicant approached the Board and stated that the Fire Chief has inspected and passed it; and also that the Building Inspector has no objection to this tank except that it is not in the correct zone. The Planning Director informed Mr. DeTrolio that he was a non -conforming use because the store was allowed under a variance, so if he had wanted to make any changes on the property he would have to go to the Zoning Board of Appeals and get another variance. There were some questions raised from the Board concerning how large the tank is, how close to homes this tank is, and whether another tank would ever be needed in the future. Mr. DeTrolio responded that the tank holds 1,000 gallons,.:; of pro- pane gas, it is about 55-58 feet away from homes, and that another tank would not be needed in the future by him for any reason. Mr. DeTrolio also explained to the Board that many houses which are being constructed at this time have these types of tanks attached to the houses. Motion: To send a positive recommendation to the Zoning Board of Appeals. (Genatossio - Fiore - All in favor) Planning Board's Minutes January 30, 1985 Page 4 7.40 P.M. - Fallon - Expansion of a non -conforming lot - School Street The applicant of this variance is Kevin Fallon. The location of the pre- mises is 1100 School Street, located in an Agricultural District. The size of the existing building is 24' x 56', which is used as a Day Care Center; the size of the proposed addition is 32' x 48', which would be used as a Day Care Center and Apartment. This is a pre-existing non -conforming use. The applicant approached the Board and stated that the building is presently a single story building and totally used for the Day Care Center, with the proposed addition, the building would be two stories and 13,1 of that would be used for Day Care, while the other half would be used as an apartment for one of the owners; Mr. Fallon also stated that the addition would be built so that it is attached to the back of the house and would conform to the State Codes because it will be built as a Day Care Center. Motion: To send a positive recommendation to the Zoning Board of Appeals. (Doucette - Boldrighini - Bachman - Genatossio - Brugliera) (Fiore was opposed to this variance) 6. Rezoning Article - West Street - Clemmey 7. Mr. Karl D. Clemmey of 750 South Main Street in Mansfield entered the meeting to submit further information concerning his petition for rezoning on West Street. Mr. Clemmey gave the Board a letter which stated that free access to his property on the northerly side of West Street from about Station 4 + 45 to his westerly property line is allowed; this is the only access to the property. The letter is from Mr. Joseph A. Fanale, Chief Right of Way Agent. A certified Layout Map was attached to this letter. Motion: To reconsider the vote with respect to the rezoning on West Street because of the new information obtained. (Fiore - Boldrighini - All in favor) The Planning Board reviewed all the previous information which was sub- mitted to the Board and noted that the description on the petition was incorrect, it does not coincide with the parcel of land which is on the map, one of the delineations is missing from the description. The Board members stated that the applicant should be informed so that he has a chance to withdraw his petition from the warrant for the Special. Town Meeting without prejudice. Motion: To recommend against rezoning the land on West Street. (Fiore - Boldrighini - Brugliera - Genatossio - Bachman) (Doucette abstained from voting as he was not present at the public hearing) on of Matthew Estates Definitive subdivision plan - 25 lots - Acting Clerk Doucette read the Planning Director's memorandum dated January 30, 1985, concerning the various department heads' comments concerning this subdivision. The Planning Board members stated that they would like to have the Town Engineer look at the pipes and the drainage line more closely, there was also concern regarding the cut of the road; the Board would like further information from the applicant concerning this road cut and would also like the Town Engineer to look into it. Motion: To send the Planning Director's memorandum, dated January 30, 1985, adding two more recommendations, to the applicant and requesting Planning Board's Minutes January 30, 1985 Page 5 that the revised plan be returned to the Planning Board by February 6, 1985, because the Planning Board will be reviewing the plan at their meeting on that date. (Doucette - Boldrighini - All in favor) 8. Discussion of Planning Board articles for Town Meeting Granada Park - To see if the Town will vote to accept Granada Circle and Evans Circle as shown on a plan entitled, "As -Built Plan and Profile of Granada and Evans Circles in Granada Park, A Subdivision in Mansfield, MA", dated October 26, 1984, prepared by RIM Engineering Company, Inc., or to take any action in relation thereto. The Planning Director informed the Board that he has recieved the "As-Buiot plan for Granada Park, and that the only thing that is not finished is the retaining wall. The Planning Board is holding $14,000, and if the streets are not accepted by the Town, that money will be held for another year or until a Special Town Meeting is held. The Planning Board was very much against submitting an article for Town Meeting so that this road can be accepted because the developer has not finished the retaining wall and he has had many months to finish it. If this article was submitted it would not be in conformance with the Subdivision Regulations which require that the entire subdivision be com- pleted and a 12 -month settling period lapse prior to the Board's sponsor- ship of a road acceptance article. Motion: Not to sponsor an article to the Annual Town Meeting for the acceptance of Evans and Granada Circle, the reason being that the retaining wall, a small section of the sidewalk, lot bounds, and a final inspection have not been done as yet. (Fiore - Genatossio - All in favor) Squire Avenue - To see if the Town will vote to accept Squire Avenue as shown on a plan entitled, "As -Built Plan and Profile of Squire Avenue in Cedar Meadows, A Subdivision in Mansfield, MA", prepared by RIM Engineering Company, Inc., or to take any action in relation thereto. The Planning Director informed the Board that the only money that the Planning Board is now holding is for the bounds and the 10% contingency, in the amount of $7,800. The Planning Director stated that the Planning Board could write the applicant a letter and state that the bounds should be done by a certain date and if they are not, the Planning Board will take the money and do it themselves. Acting Clerk Doucette stated that the Planning Board should not have to take the money and do it because it is the applicant's responsibility. The Planning Board was not in favor of this article for Town Meeting because the Subdivision REgulations require that the entire subdivision be completed and a 12 -month settling period lapse prior tothe Board's sponsorship of a road acceptance article. Motion: Not to sponsor an article to the Annual Town Meeting for the acceptance of Squire Avenue, the reason being that the bounds and the final inspection have not been done as yet. (Genatossio - Fiore - Doucette - Brugliera) (Bachman and Boldrighini abstained from voting) DAC Article for Town Meeting - To see if the Town will vote to direct its Board of Selectmen to sell at public auction on or before December 1, 1985, the Spaulding School property located on the northerly side of Crocker Street and appearing as Lot No. 89 and Lot No. 90 on Plat No. 22 of the Assessors Maps of the Town of Mansfield. The Planning Director stated that Planning Board's Minutes January 30, 1985 Page 6 he has drawn this article up for the DAC just in case they wanted it to be on the warrant for the Special Town Meeting - the deadline is February 1, 1985. The Planning Director informed the Planning Board that he has been informed that another party may be presenting a similar article to the DAC at their meeting on January 31, 1985. Planner Boldrighini stated that before the Spaulding School can be put up for public auction, the school should be appraised. The Planning Board decided to hold this article to wait and see if another party submits a similar article. 9. "Form A" plans Bonvie - Ware Street - 6 lots This "Form A" plan consists of a parcel of land on the easterly side of Ware Street bounded northerly by Niedermann; easterly by Bellamy and Ronald S. Bonvie Corporation; southerly by Longacre; and westerly by Ware Street, Bestwick and Lombardi. The applicant of this "Form A" plan is the Ronald S. Bonvie Corporation. The lots have sufficient area and frontage as per the Zoning Bylaws. The checklist is complete. Motion: To sign the "Form A" plan. (Fiore - Doucette - All in favor) Mable Street Mansfield Realty Trust - Maple Street - 6 lots This "Form A" plan consists of a parcel of land on Maple Street on the right hand side heading towards Easton. The applicant is the Maple Street Mansfield Realty Trust and John T. Mahoney III. The lots have sufficient road frontage on Maple Street. The checklist is complete. This "Form A" plan was before the Planning Board last week, but was not signed because the easements were not shown on the original plan; the easements are now shown on the plan. Motion: To sign the "Form A" plan. (Doucette - Fiore - All in favor) 10. Around the Table Anthony Fiore reminded the Planning Board that on Thursday, January 31, 1985, the Finance Committee will hold their meeting and he encouraged as many members as possible to go for support. Anthony Fiore also stated that there is a long list of plans on the pending business list which the Planning Director designed; he stated that the Planning Board may need extensions for both the Planning and the Town Engineer to review the plans fully and carefully. Planner Genatossio asked the Planning Director how many developers are working off of Maple and Winter Street. Planning Director Mannarino replied that there are five (5) developers building in that area of Town. Planner Genatossio asked if the Planning Board has the power to ask the developers to get together and do an Environmental Impact Statement for the area in which they are working. Planning Director Mannarino replied that they could request the developers to do such a study, but that the Planning Board should wait until the public hearings occur. The reason that the Planning Board can request such a study is because all the developments are located near the Whiteville Pond and will have a great effect on the traffic, drainage, etc. Planning Board's Minutes January 30, 1985 Page 7 11. Public Discussion No comments at this time. 12. Date of Next Meeting is February 6, 1985, at 7:30 P.M. 13. Meeting adjourned at 9:50 P.M.