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HomeMy WebLinkAboutPlanning 02/13/1985PLANNING BOARD'S AGENDA FEBRUARY 13, 1985 1. Meeting called to order at 7:30 P.M. 2. Discussion of variance application of DeTrolio - Elm Street 3. 8:00 P.M. - Public Hearing - Fuller Estates definitive subdivision plan - 9 lots off Winter Street (deadline 2/28/85) 4. 9:00 P.M. - Public Hearing - Westhaver Farms definitive subdivision plan - 36 lots off Franklin Street - (deadline 2/28/85) 5. Discussion of Matthew Estates definitive subdivision plan - 25 lots off Tremont Street (deadline 2/20/85) 6. Discussion of Austin Farms definitive subdivision plan - 56 lots off Winter Street (deadline 2/25/85) 7. "Form A" plans 8. Clerk's Report a. Correspondence b. Minutes of February 6, 1985 9. Around the Table 10. Public Discussion 11. Date of Next Meeting 12. Adjournment PLANNING BOARD'S MINUTES FEBRUARY 13, 1985 Present: Acting Chairman Brugliera, Acting Clerk Flynn Planners: Boldrighini,and Bachman Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Motion: To have Planner Flynn be Acting Clerk. (Bachman - Boldrighini - All in favor) 3. Discussion of variance application of DeTrolio - Elm Street Acting Clerk Flynn read the notice from the Mansfield Zoning Board of Appeals concerning this variance request to install a propane gas dispensing station at 428 Elm Street. Mr. Greg Matoain of 3 Coach Road approached the Board last week to ask them to reconsider the positive recommendation which they had given this variance; the Planning Board decided to reconsider their recommendation and to invite the applicant into the Planning Board meeting this week so that they can discuss this variance. Mr. Matoain approached the Board again this week and stated that this tank was detrimental to his property because it is about 40 feet from his bedroom, 15-16 feet from his property line, it is not a sealed system because it is being turned on and off, and it affects:the vegetation. Mr. Peter DeTrolio, the applicant of this variance, replied that this tank has already been installed and it has been inspected by the fire chief and the gas inspector, and that the tank conforms to every requirement of the law and has passed all the state codes. Mr. DeTrolio also stated that the propane tank will be used for gas grills and that he will be the only one who will be operating this dispensing tank. There was some argument concerning the zoning and the lagality of the tank being allowed on this property. The Planning Board members tried to explain to the public that the Planning Board only makes a recommendation to the Zoning Board of Appeals and that the reason the applicant needs a variance is because he is an existing non -conforming use. Motion: To keep the Planning Board's recommendation as originally voted. (Boldr;ighini - DEFEATED for lack of a second) 4. 8:00 P.M. - Public Hearing - Fuller ] 9 lots off Winter Street ; definitive sub The public hearing for Fuller Estates definitive subdivision plan began at 8:00 P.M. The hearing was closed at 8:40 P.M. A copy of the transcript is available in the Planning Department Office. ,Planning Board's Minutes February 13, 1985 Page 2 5. Correspondence A pamphlet from the American Planning Association to the Mansfield Planning Board concerning the coming attractions for February, 1985, for the New England Chapter. A letter from Ann Louise Javitch of 133 Waban Avenue, applicant of the Matthew Estates Subdivision plan, to the Mansfield Planning Board, re- questing a one week extension until February 27, 1985, on the Matthew Estates Subdivision plan. A memorandum from Joseph Mannarino, Planning Director, to the Planning Board concerning the recommended performance guarantee for Wind Chime Drive. A copy of the Planning Board's Agenda for February 13, 1985. A copy of a letter to Mr. Peter DeTrolio, Jr., of 92 Rumford Avenue, from Joseph Mannarino, Planning Director, stating that the Planning Board has voted to reconsider its recommendation to Zoning Board of Appeals on his variance application. A copy of the Planning Board's Minutes for February 6, 1985. A notice of a hearing from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board stating that on February 5, 1985, a hearing will be held on the application of Peter & Mary Ann DeTrolio, Jr., for the in- stallation 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 memorandum to the Planning Board from Joseph Mannarino, Planning Director, concerning an itemized evaluation of the Matthew Estates Definitive Sub- division plan. A memorandum from the Conservation Commission to Joseph Mannarino, Planning Director, stating the following: Massapoag Estates: A Notice of Intent will be required, and Highland Avenue Extension: A Notice of Intent will be re- quired. A legal notice from the Town of Foxboro Planning Board stating that due to errors in the January 31, 1985, public hearing notice to rezone a parcel of property on Washington Street, the public hearing will be changed from February 14, 1985, to February 21, 1985. A memorandum from the Mansfield Board of Health to the Mansfield Planning Board regarding the review of the Austin Farms Subdivision and the Board of Health's recommendations on this subdivision. A notice of a public hearing from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board stating that on February 19, 1985, a hearing € will be held on the application of Mercury International Trading Corporation, 75 Forbes Boulevard, for a variance to place a temporary trailer at the above mentioned address, said use being non -conforming in an Industrial Zone. A notice of public hearing from the North Attleboro Planning Board to the Mansfield Planning Board stating that a hearing will be held on February 21, 1985, on the application for gravel removal permit of Lewicki Bros, Plain Street. Planning Board's Minutes February 13, 1985 Page 3 A legal notice from the Town of Foxboro Planning Board to the Mansfield Planning Board stating that a public hearing will be held on February 28, 1985, on a petition of 10 registered voters, to consider amending the Foxboro Zoning Bylaws, by rezoning from General Industrial District to R-40 (Residential and Agricultural) land fronting the westerly side of Summer Street and bordered on the West by the New Haven Railroad tracks. A copy of a letter to the Zoning Board of Appeals of the Town of Mansfield from the Mansfield Planning Board stating that on Wednesday, February 6, 1985, the Planning Board voted unanimously not to make a recommendation concerning the variance request of Grace Kight, for a variance to create a lot with substandard frontage at 422 Williams Street. A carbon copy was sent to Grace Knight, applicant. A memorandum to the Mansfield Planning Board from Joseph Mannarino, Planning Director, concerning recommendations for the "Austin Farms" definitive subdivision plan. A memorandum to the Planning Director from the DPW Director concerning the Austin Farms Subdivision Drainage System Review. A letter from David White to the Mansfield Planning Director, Joseph Mannarino, concerning development of a pond off of School Street. A letter from Edward Broderick, The Broderick Corporation, to the Mansfield Planning Board concerning access to Cabot Pond. A memorandum from John A. Brown, AICP, of John Brown Associated, Inc., to all Planning Departments regarding Real Estate Development Services. A notice of a legal hearing from the Plainville Planning Board to the Mans- field Planning Board stating that a hearing will be hld on February ll, 1985, regarding a proposed zoning change for the town. 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 March 5, 1985, on the application of John C. and Carol Hurley, for a variance for the sale and repair of electronic display systems in a building located at 274 Fruit Street, owned by Florence R. Canty, said use being non -conforming in an Agricultural Zone. A notice of public hearing from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board stating that a hearing will be held on March 5, 1985, on the application of Kendall Square Assoc., for a variance to construct a building and parking lot on land on Forbes Boulevard, said use being non -conforming in Agricultural and Residence A Zone. A copy of a letter sent to Anthony Fiore, Chairman of the Mansfield Planning Board concerning an open letter to The Mansfield News. 6, 9.00 P.M. - Public Hearing - Westhaver 36 lots off Franklin Street definitive The public hearing for Westhaver Farms definitive subdivison plan began at 9:00 P.M. The hearing was closed at 9:30 P.M. A copy of the transcript is available in the Planning Department Office. ,Planning Board's Minutes February 13, 1985 Page 4 7. Minutes of February 6, 1985, Motion: To approve. (Flynn - Bachman - All in favor) 8. "Form A" plan - Canaday - Plain and Brown Street This "Form A" plan consists of two lots at the northerly intersection of Plain Street andBrown Avenue bounded westerly by the North Attleboro Town Line; northerly and easterly by Route I-95 and easterly by Lots 1-3 Brown Avenue; and southerly by Lots 8A -12A Plain Street. The applicant and owner of this "Form All plan is William Canaday. This plan shows the con- veyance of Parcel A so as not to change the frontage of either lot, or to create a non -conforming lot area. The checklist is complete with excep- tion of No. 3 which is the dimensional requirements. The Planning Direc- tor has made a note on the checklist which states "Lot 6B does not have the required 120 foot frontage in the Agricultrual lot. An explanatory statement should be provided on the plan." This plan had been signed beforeas a "Form A" without the required frontage. The Planning Board decided to inform the applicant that a more detailed notation must be placed on the plan before the Planning Board will sign it. 9. Around the Table Planner Bachman brought up the DeTrolio variance once again and stated that he would like to discuss it more fully. He asked if a building permit was necessary to install the propane gas dispensing tank; the Planning Direc- tor replied that a building permit was required in this case, but that the applicant didn't know the procedure and therefore wasn't aware that he had violated any laws. Planner Boldrighini stated that as long as the tank has been inspected and the Fire Chief and the Plumbing Inspector approved of it the recommendation should stay favorable. Planning Director Mannarino stated that the issue was the zoning because the use is non -conforming and any additional alterations to that property requires a variance from the Zoning Board of Appeals; he also stated that the Board must look at whether the proposed use is going to be more detrimental to the neighborhood then-. the current use. Planner Bachman made a motion to send a negative recommen- dation to the Zoning Board of Appeals, and Planner Boldrighini seconded it for purposes of discussion; the motion was defeated and the original vote of the Planning Board to send a favorable recommendation to the Zoning Board of Appeals stands. Planner Bachman stated that during the public hearing a gentleman in the audience kept mentioning an Army Corp of Engineers and the the Planning Board should try to get in touch with these engineers and see if they can get involved in the rapid development in Mansfield in some way. 10. Wind Chime Drive - Performance Guarantee The Planning Director presented his recommended performance guarantee which was estimated based on the 1985 Mean Construction Cost Data, and stated that r the applicant would like to start development soon. The total cost of the recommended performance guarantee including a 10% contingency is $164,363.00. Motion: To accept the performance guarantee in the amount of $164,363.00. (Flynn - Boldrighini - All in favor) Planning Board's Minutes February 13, 1985 Page 5 11. Billings Street Planning Director Mannarino stated that the Planning Board has to set up a date to hold the public hearing on Billings Street and would like to have the hearing as soon as possible. Motion: To allow Planning Director Mannarino to set up the public hearing for Billings Street as soon as possible. (Flynn - Boldrighini - All in favor) 12. Rezoning on West Street - Clemmey Planning Director Mannarino stated that this rezoning petition cannot be voted by the Special Town Meeting in March because this petition was denied by Town Meeting on May 9, 1985. According to State Law, a zoning petition cannot be considered by Town Meeting for two years without a favorable recommendation from the Planning Board. The Planning Board should there- fore send a letter to the Town Clerk informing her of this problem with a carbon copy sent to the applicant, Mr. Clemmey. 13. Mr. Ronald Bonvie approached the Board and stated that he had some concerns regarding the street lights which he has ordered through the Mansfield Electric Department because they do not conform to the original lighting plan on the subdivision and he will draw up a new lighting plan for the Planning Board's approval. 14. Date of Next Meeting is February 20, 1985, at 7:30 P.M. 15. Meeting adjourned at 10:15 P.M. CLERK 11L/ Zz!2 rs- DATE