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HomeMy WebLinkAboutPlanning 02/27/1985PLANNING BOARD'S AGENDA FEBRUARY 27, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of February 20, 1985 3. Zoning Variance Applications 7:40 P.M. - Hurley - Fruit Street - Use Variance for Business in Agricultural District 7:50 P.M. - Kendall Square Association - Forbes Boulevard - Use Variance for parking lot in Residence A and Agricultural District 4. Review of Subdivision Plans: o Vankoert Farms preliminary subdivision plan - 49 lots - Franklin Street - deadline 3/13/85 o Highland Avenue Extension preliminary subdivision plan - 12 lots - Highland Avenue - deadline 3/3/85 o Massapoag Estates preliminary subdivision plan - 120 lots - Maple Street - deadline 4/1/85 5. Discussion of Environmental. Impact Statement 6. "Form A" plans 7. Around the Table 8. Public Discussion 9. Date of Next Meeting 10. Adjournment PLANNING BOARD'S MINUTES FEBRUARY 27, 1985 Present: Chairman Fiore, Acting Clerk Doucette Planners: Genatossio, Flynn and Bachman Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Motion: To have Acting Clerk by Planner Ronald Doucette. (Flynn - Bachman - All in favor) 3. Correspondence A copy of a letter from James P. Perkoski, attorney for American Paper Recycling Corporation and the trustees of the Jerome Golden Trust, to Mr. Chad Maurer, Town Manager of the Town of Mansfield, stating that he would appreciate notification of any matter affecting American Paper Recycling Corporation or the Jerome_,GoldenTrust which may be brought up. Copies of the letter sent from the Mansfield Planning Board to various developers stating that the Board is currently reviewing a number of sub- division plans located within the eastern portion of Mansfield, and requesting the developers to attend a joint meeting between the Planning Board and the applicants of these subdivisions on March 12, 1985, at 7:30 P.M. to discuss participation in an Environmental Impact Statement. The letter was sent to the following people: Home Developers, Inc.; Mr. John Mahoney; Mrs. Evelyn Allen; The Walmark Corporation; The Bonwood Company; The Folkman Company. A copy of 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, stating that on Saturday, February 23, 1985, the Planning Board voted to approve the Matthew Estates Definitive Subdivision Plan with the conditions which are listed. A letter from J. Ronald Pike, Senior Vice President of the Attleborough Savings Bank, to the Mansfield Planning Board stating that the Attleborough Savings Bank is holding $164,363 in a construction loan, account #52056239-5, for the Ronald S. Bonvie Corporation for the purpose of construction and completing Wind Chime Drive as shown on the plan of Wind Chime Acres. A memorandum from Edward A. Sliney, Jr., Fire Chief, to the Planning Board regarding the subdivision review of Massapoag Estates. Planning Board's Minutes Febxuary 27, 1985 Page 2 A letter from Paul J. Folkman, President of the Folkman Company, Inc., to Anthony Fiore, Chairman of the Mansfield Planning Board, stating that Mr. Folkman requests that the discussion of Massapoag Estates be postponed until a date to be determined due to the redesign of the subdivision. A copy of a legal notice from the Zoning Board of Appeals of the Town of Mansfield stating that on March 5, 1985, the following hearings will be held: John C. & Carol Hurley - 8:00 P.M. - on the application for a variance for the sale and repair of electronic display systems in a building located at 274 Fruit Street, said use being non -conforming in an Agricultural Zone. Kendall Square Associates - 7:45 P.M. - on the application for a variance to construct a building and parking lot on land on Forbes Boulevard, said land located in Industrial, Agricultural and Residence A Zones, said use being non -conforming in Agricultural and Residence A Zone. A copy of a letter to John C. and Carol Hurley from Joseph Mannarino, Planning Director, stating that the Planning Board will be reviewing their variance application at the meeting to be held on Wednesday, February 27, 1985, to send a recommendation to the Zoning Board of Appeals. A copy of a letter to Kendall Square Associates from Joseph Mannarino, Planning Director, stating that the Planning Board will be reviewing their variance application at the meeting to be held on Wednesday, February 27, 1985, to send a recommendation to the Zoning Board of Appeals. A copy of a legal 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 19, 1985, on the variance application of CTI - Cryongenics/Helix Technical Corporation, for a variance for the in- stallation of a second free standing sign at 375 Forbes Boulevard, said sign being more than allowed in an Industrial Zone. A statement of facts from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board stating that on February 5, 1985, the Zoning Board of Appeals voted to grant the application of Elwin Bell to place a temporary sign being non -conforming in a Residence Zone. A statement of facts from the Town of Mansfield Zoning Board of Appeals tothe Mansfield Planning Board stating that on February 5, 1985, the Zoning Board of Appeals voted to grant a variance to George W. Chabot, Jr for a variance to construct an addition to an existing single family dwelling at 5 Plantingfield Road, said addition having a proposed side yard less than 25 feet, which is non -conforming in an Agricultural Zone. A statement of facts from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board stating that on January 14, 1985, the Zoning a Board of Appeals voted to deny the variance application of Alain Meyer to change a single family to a two family, but voted to grant the sideyard variance of less than 25 feet which is non -conforming in an Agricultural Zone, dwelling is located at 160 Franklin Street. Planning Board's Minutes February 27, 1985 Page 3 A copy of the Mansfield Conservation Commission Minutes from their Monday, January 14, 1985, meeting. A copy of the Mansfield Conservation Commission Minutes from their Monday, January 28, 1985, meeting. A copy of a legal notice of hearing from the Town of Foxboro Planning Board stating that on March 7, 1985, a public hearing will be held on a petition of 13 registered voters, to see if the town w:vll irate to amend its Zoning Bylaws and Map by changing the zoning designation for described property from R-40 (Residential/Agriculture) to GB (General Business). A copy of the Planning Board's Agenda for February 27, 1985. A copy of the Pending Business for the Planning Board. A pamphlet to Anthony Fiore, Chairman of the Mansfield Planning Board, from the Urban Land Institute concerning various meetings that will be taking place throughout the month of March. A pamphlet from the Massachusetts Green Pages Contract to the Mansfield Planning Board concerning a list of service/product listing categories. A pamphlet from the U.S. Small Business Administration to the Mansfield Planning Board concerning a Small Business Incubator Conference. A pamphlet from the R.S. Means Company, Inc., to the Mansfield Planning Board concerning the 1985 Schedule of Means Construction Seminars. A newsletter from the Water Resource Research Center to the Mansfield Planning Board concerning the 1984 precipitation and temperature. A booklet from the New England Environmental Conference to the Mansfield Planning Board stating that The New England Environmental Conference will be held from March 23-24, 1985, to be held at Tufts University. A copy of the Planning Board's minutes for February 20, 1985. A copy of a letter to Senator David Locke from Joseph Mannarino, Planning Director, informing Senator Locke that the Mansfield Planning Board has applied to the Executive Office of Community Development for a $13,000 grant to update the land use element of its Master Plan and would like Senator Locke to put in a good word for the Town of Mansfield. A copy of a letter to Mr. William Vernon, Representative of Massachusetts, from Joseph Mannarino, Planning Director, informing Representative Vernon that the Mansfield Planning Board has applied to the Executive Office of Community Development for a $13,000 grant to update the land use element of the Master Plan and would like Representative Vernon to put in a good word for the Town of Mansfield. A "Form J" Release Form from The Bonwood Corporation for Wind Chime Acres. A copy of a letter to the Mansfield Selectmen and the Planning Board from the Mansfield Vigilantes concerning the building in the Town of Mansfield. Planning Board's Minutes February 27, 1985 Page 4 4. Minutes of February 20, 1985 Motion: To approve as amended. (Genatossio - Bachman - All in favor) Planner Genatossio noted that on Page 6, under Around the Table, it should be noted when talking about the Environmental Impact Statement - it was not her idea to give the builders a choice of three people to do this study, she would like this deleted from the minutes. 5. Letter from the Mansfield Vigilantes Planner Flynn noted that she would like this letter placed in the minutes and would like the Planning Board to write a letter to the Police Department stating that the Board feels that something should be done concerning this letter to assure the Planning Board members and other people mentioned in this letter of their safety. Motion: To send a letter to the Police Department of the Town of Mansfield asking them for something assuring the Planning Board members and other people mentioned in this letter of their safety. (Doucette - Flynn - All in favor) 6. Variance Applications Sohn C. and Carol Hurley: This variance application is for the sale and repair of electronic display systems in a building located at 274 Fruit Street, said use being non -conforming in an Agricultural Zone. The present use of the building is to store aircraft engine and airplane repair facility. The size of the existing building is 30 X 100. The proposed use of the premises is for the sale and repairs of electronic display systems and the extent of the proposed alterations is just to fix up the present building. The applicant is presently working out of his home and he only has one other employee besides himself. Planning Director Mannarino stated that the present use is already non -conforming and the Planning Board must determine whether the proposed use would be more detrimental than,the present use. Motion: To send a positive recommendation to the Zoning Board of Appeals stating that the Board is in favor of this recommendation with the facts which were presented to it at this meeting. (Genatossio - Doucette - All in favor) Kendall Square Associates: This variance application is for the construction of a building and parking lot on land on Forbes Boulevard, said land located in Industrial, Agricultural and Residence A Zones, said use being non -conforming in Agricultural and Residence A Zones. The land is presently vacant and the proposed building would be 67,000 square feet used for office/warehouse/light manufacturing. The applicant seeks to construct and use 61,000 square feet of land located in Residence A Zone for a parking area to be used in connec- tion with proposed building in adjacent industrial zone. Proposed parking area shall be constructed in accordance with all applicable regulations. A variance from Mansfield Zoning By-law Section III B is required for proposed parking area. The shape of the land is such that it is located in three (3) different zones, but has street access only in the industrial zone. The application states that the only practical use of the land is industrial. Literal enforcement of applicable zoning to the portion of land in Residence A zone would involve substantial hardship to owner. Use of a portion of the land in Residence A zone for parking for building in adjacent industrial zone Planning Board's Minutes February 27, 1985 Page 5 will not derogate from purposes of zoning or create a detriment to public good. Such use would be compatable with other uses in the area. Gary Bach approached the Board and stated that he did not know what the building was going to be used for so the actual amount of parking that would be needed was not known. The applicant's plan is based on the largest amount of parking that would be needed for employees; and he stated that the building will all be in the Industrial Zone, only the parking area will be located in the Residential Zone. The applicant also stated that a buffer zone will be left so that the people in the back of this land will not be bothered by this parking area. Planner Flynn stated that the Board should send a negative recommendation to the Zoning Board of Appeals because she feels that the Industrial Park is large enough`- and the Board Should not allow industry in the residential zone. Planner Flynn also stated that the applicant should conform to the lot size rather than encroaching on the residential or agri- cultural zones. Motion: To send a negative recommendation to the Zoning Board of Appeals. (Flynn - Genatossio) (Doucette was opposed to this motion) (Bachman abstained from voting) 7. Vankoert Farms preliminary subdivison plan - 49 lots - Franklin Street James Dunn, Dunn Engineering, approached the Board and stated that this plan has been revised and that there is an additional piece of land that was purchased since the submission of the first plan, which is between lots 12 and 14. The Planning Board had concerns regarding the driveway of the Butler's, an abutter to this parcel of land, and the entrance to this driveway because it is in a dangerous position. Edward Marcheselli, Treasurer of the Walmark Corporation, stated that they have set a date for a meeting with the Butlers to see if they can come to an agreement to move the driveway to the back side of the garage where it will not be in such a dangerous position. Planner Genatossio asked Mr. Dunn what the difference was between retention areas and detention areas. Mr. Dunn stated that a detention area holds the water for a specific period of time and allows a flow a certain rate and a retention area holds all of the water within a particular area. Planner Genatossio asked Mr. Dunn who would maintain these basins; Mr. Dunn replied that he believes that the Town would be in charge of the maintenance of these basins; but that these basins will be contained in the easements which still must be obtained for the land. Detention basins are needed because of the type of soil that is on this site; the applicants have had a survey done of this land. Planning Director Mannarino stated that the DPW Director, Joseph Zeneski, should make a recommendation regarding the basins since his department will be maintaining these basins; and the Board should also ask him if he has any other concerns regarding this plan. Planner Genatosiso asked Mr. Dunn if there were any other alternatives to the basins; Mr. Dunn replied that the only other option the applicantsrhave are the retention or the detention basins. Chairman Fiore asked Mr. Marcheselli if he would be willing to participate in the Environmental Impact Study that the Board is undertaking with the other developers in that area. Mr. Marcheselli replied that he would have to think about it and let the Board know. Planning Board's Minutes February 27, 1985 Page 6 8. Massa oag Estates preliminary subdivision plan - 120 lots - Maple Street The Planning Board received a letter from Paul J. Folkman, President of the Folkman Company, stating that he is requesting that the discussion of Massapoag Estates be postponed until a date to be determined due to the redesign of the subdivision. He would like to leave the plan with the Board as an active preliminary plan, but he will grant all the necessary extensions until the redesign efforts are completed. Mr. Folkman approached the Board and stated that he is doing further field work for this subdivision. 9. Highland Avenue preliminary subdivision plan - 12 lots - Highland Avenue Paul Folkman, President of the Folkman Company and applicant of this sub- division plan, approached the Board with the alternative sketches his engineers did for this property which the Board requested last week. The Planning Board wanted to see these plans to better understand the appli- cant's reasoning behind the proposed plan. Planning Director Mannarino stated that the Soil Conservation Service is performing a survey of the soils in this area. *Chairman Fiore and Planning Director Mannarino left the Planning Board meeting at this time to go to the Board of Selectmen meeting to discuss the budget for Fiscal 1986. Mr. Folkman brought in a copy of the easement right-of-way and stated that 1 he still has to talk to Massachusetts Electric concerning the poles that are on this property; and he will bring that information in when the plan goes to the definitive stage. Acting Clerk Doucette read the memorandum from the DPW Director concerning this subdivision plan and the petition for a sidewalk on Highland Avenue. Mr. Ron Martinez, of 99 Highland Avenue stated that if Highland Avenue is widened, the sidewalk would come right up to his kitchen because his house, as well as all the other houses on that street, are very close to the road as it is now; so it is impractical to widen the road. The Planning Board stated that the petition is only for a sidewalk to go up to Howe Street. Mr. Folkman presented a letter which requested an extension on this preliminary subdivision plan until April 1, 1985. Motion: To accept the extension request for the preliminary plan of "Highland Avenue Extension" until April 1, 1985. (Flynn - Genatossio - All in favor) Acting Clerk Doucette stated that he would like to walk the site before making a decision on this plan; and that Planning Director Mannarino should speak to Mr. Folkman in order to set up a date and time to walk this site. A tentative date and time for this walk was Monday, March 4, 1985, at 4:00 P.M. Motion: To have Planner Bachman be Acting Clerk. (Genatossio - Flynn - All in favor) Planning Board's Minutes February 27, 1985 Page 7 10. "Form A" plans Brugliera - Goward Drive This "Form A" consists of a parcel of land located on the nart}erly side of Coward Drive bounded on the west by other land of J. Brugliera Construction Company, Inc., on the north by land of Bay State Gas Company and on the east by other land of J. Brugliera Construction Company, Inc. The applicant of this "Form A" is the J. Brugliera Construction Company, Inc. The reason this plan does not constitute a subdivision is that a resubdivision of lot line 7/8 on the original approved subdivision plan. Lot line changed to keep building -sunder construction in conformance to sideyard zoning setback distances. This "Form A" plan was in front of the Board last week, but had to be returned because the rear yard measurement was not on the plan. It has been placed on the plan this week. The checklist is complete. Motion: To sign the "Form A" plan. (Genatossio - Flynn - All in favor) Cataloni - John Street This "Form A" consists of a parcel of land bounded on the northerly side by John Street, easterly by Fox Street, southerly by Scarpellini and westerly by Clap. The applicant of this "Form A" plan is Joseph Cataloni. The reason this plan does not constitute a subdivision is that the lots were granted a variance on April 11, 1967. The checklist is complete. Motion: To sign the "Form A" plan. (Genatossio - Flynn - All in favor) Dunham - West Street This "Form A" plan consists of a parcel of land on the westerly side of West Street bounded easterly by Jellinek, southerly by Romaine, westerly by Town of Mansfield, and northerly by Jellinek. The applicant of this "Form A" plan is The Broderick Corporation. The reason this plan does not constitute a subdivision is because the lots have sufficient area and frontage as per zoning. This plan was before the Board last week, but was returned to the applicant because the remaining land was not labeled as a lot or parcel number; this land has since been labeled. Motion: To sign the "Form A" plan. (Doucette - Flynn - All in favor) Jellinek - West Street This "Form A" plan consists of a parcel of land on the westerly side of West Street bounded northerly by Weber, easterly by West Street, southerly by Romaine and westerly by Dunham. The applicant of this "Form A" plan is The Broderick Corporation. The reason this plan does not constitute a sub- division is that the lots have sufficient area and frontage as per zoning. Motion: To sign the "Form A" plan. (Flynn - Doucette - All in favor) 11. Around the Table Planner Bachman asked the Board if they were going to have to meet on more Saturdays to get all the work done that is in front of the Planning Board, as they did last Saturday. Chairman Fiore stated that they possibly will unless the Board would like to meet on a few nights during the week. Planning Board's Minutes February 27, 1985 Page 8 Planning Director Mannarino stated that the Board has to set the dates to hold the public hearings for the articles for the Annual Town Meeting; there are five articles that require public hearings. The Board decided to hold the hearings as follows: Tuesday March 19, 1985 East Street - Rezoning from Agricultural to General Business. Ware Street - Rezoning from Industrial to Residence C. Fruit Street - Rezoning from Agricultural to Residence C. Wednesday, March 20, 1985 Zoning By -Law Amendment - Revise Section .I.E. (Adult Bookstore defintion) Zoning By -Law Amendment - Revise Section V 1-2 (Wetland Protection) *Planner Genatossio left the meeting. The Planning Board received a letter from the Attleborough Savings Bank stating that they are holding $164,363 in a construction loan account No. 52056239-5, for the Ronald S. Bonvie Corporation for the purpose of construction and completing Wind Chime Drive as shown on the subdivision plan of Wind Chime Acres. Motion: To approve the $164,363 that the Attleborough Savings Bank is holding in a construction loan for the Ronald S. Bonvie Corporation. (Doucette - Flynn - All in favor) 12. Public Discussion No comments at this time. 13. Date of Next Meeting is March 6, 1985, at 7:30 P.M. 14. Meeting adjourned at 11:00 P.M. DATE