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HomeMy WebLinkAboutPlanning 03/06/1985PLANNING BOARD'S AGENDA MARCH 6, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of February 23, 1985, and February 27, 1985 3. Review of Subdivision Plans: o Maplewood Estates preliminary subdivision plan - 9 lots - Maple Street - deadline 3/23/85 o Vankoert Farms preliminary subdivision plan - modified to 39 lots - Franklin Street - deadline 3/13/85 o Highland Avenue Extension preliminary subdivision plan - 12 lots - Highland Avenue - deadline 4/1/85 o Austin Farms definitive subdivision plan - 56 lots - Winter Street - deadline 4/26/85 4. Discussion of Environmental Impact Statement "Form A" plans 6. Around the Table 7, Public Discussion 8. Date of Next Meeting 9. Adjournment PLANNING BOARD'S MINUTES MARCH 6, 1985 Present: Acting Chairman Brugliera, Acting Clerk Doucette Planners: Genatossio, Bachman*, Flynn* and Boldrighini Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Motion: To have Planner Ronald Doucette be Acting Clerk. (Genatossio - Boldrighini - All in favor) 3. Correspondence A copy of a letter from Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, to Mr. Leon J. Bunk, Chairman of the Bristol Conservation District, thanking the Bristol Conservation District for awarding the Town of Mansfield with a $1,000.00 open space planning grant. A copy of a letter from Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, to Mr. David White of 88 Tremont Street, stating that the Board discussed Mr. White's request that they determine that certain land be considered surplus material and they do not believe they can approve such a request. 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 $127,436.10 in a construction loan, accounts No. 52-055884-09 and No. 52-056088-6 for The Folkman Company, Inc. for the purpose of a construction and completing Shannon Drive as shown on the subdivision plan of Shannon Drive. A -copy of a memorandum from Joseph Mannarino, Planning Director, to the Mansfield Planning Board concerning the estimate, based on the 1985 Means Construction Cost Data, for Eastland Estates Subdivision performance guarantee. A copy of the Articles for the 1985 Annual Town Meeting to be held on Monday, April 1, 1985, at 7:30 P.M. An article concerning plannning, entitled "Planning Reconsidered - What is the real purpose of planning? What should local planning agencies do?" A letter from Alan E. Brown to the Mansfield Planning Board requesting to readvertise for a public hearing to rezone the property owned by Emerson P. Grant located on Copeland Drive, Mansfield, MA (Route 140). A copy of the meets and bounds for said property was enclosed. Planning Board's Minutes March 6, 1985 Page 2 A copy of a legal notice of hearing from the Town of Foxboro Board of Appeals, stating that a hearing will be held on March 20, 1985, for a variance to allow construction of an inground swimming pool with less than the required minimum street setback on property of Douglas B. Ritter at 17 Spruce Street. A copy of a legal notice of hearing from the Town of Sharon Board of Appeals, stating that a public hearing will be held on March 14, 1985, on the petition for a variance to the zoning by-law regarding lot area in a water resource protection district and regarding minimum allowable sewerage disposed on a lot in the water resource protection district for two lots to be created from three existing lots near the intersection of Morse Street and Massapoag Avenue. A copy of a legal notice of hearing from the Town of North Attleboro Planing Board to the Town of Mansfield Planning Board. The following hearings will be held on Thursday, March 14, 1985: William Boucher - to abandon Willard Street, an unaccepted paper street which runs northerly from Fisher Street approximately 320 feet, located between Regent Street and Oakhurst Street. Fred Bottomley and Allen G. Riley - for approval of a residential cluster plan referred to as The Ledges containing 54 dwelling units located easterly of the intersection of Mt. Hope Street and Fisher Street. Old Farm Realty - for approval as a subdivision Colonial Estates con- taining 17 lots. Property is located easterly of Old Post Road. A statement of facts from the Town of Mansfield Zoning Board of Appeals to the Mansfield Planning Board concerning the application of the Mercury International Trading Corporation to place a temporary trailer at 75 Forbes Boulevard, said use being non -conforming in an Industrial Zone. This variance application was denied on a three in favor and one against vote. A letter from Edward C. Marcheselli, Treasurer of the Walmark Corporation to the Mansfield Planning Board requesting an extesnion on the preliminary plan of Vankoert Farms until March 29, 1985. A copy of the building construction for the month of February, 1985. A copy of the Planning Board's minutes for February 13, 1985. A copy of the Planning Board's minutes for February 23, 1985. A copy of the Planning Board's minutes for February 27, 1985. A copy of a legal notice of hearing from the Planning Board of the Town of Mansfield. The following hearings will be held on Wednesday, March 20, 1985: 8:00 P.M. - regarding the petition of ten (10) registered voters to revise the Zoning Bylaw under Section V (Special Requirements) Subsection 1-2 (Wetland Protection). Planning Board's Minutes March 6, 1985 Page 3 8:45 P.M. - regarding the petition of ten (10) registered voters to amend the Zoning Bylaws by adding to Section I General, Subsection E, Definitions, language concerning an Adult Bookstore and Adult Motion Picture Theatre. A copy of a notice of hearing from the Town of Mansfield Zoning Board of Appeals. The following hearings will be held on March 19, 1985: CTI - Cryongenics/Helix Technical Corporation - 7:45 P.M. - for a variance for the installation of a second free standing sign at 375 Forbes Boulevard, said sign being more than allowed in an Industrial Zone. David P. Williams - 8:00 P.M. - for a variance to convert an existing struc- ture at 26 Edgewood Street, owned by Textron, Inc., from manufacturing to office use, said use being non -conforming in a Residence A Zone. A notice of the Southeast Area Spring Meeting to be held on Thursday, April 11, 1985, at 6:00 P.M. at the Carleton House on Routes 24 and 123. A reservation blank was enclosed. A copy of a letter from Joseph D. Brugliera, Clerk of the Mansfield Planning Board, to the Zoning Board of Appeals of the Town of Mansfield stating that the Planning Board voted on February 27, 1985, to send a negative recommendation on the variance request of Kendall Square Asso- ciation for a variance to use a portion of land in the Agricultural and Residence A District for an industrial parking lot. A copy of a letter from Joseph D. Brugliera, Clerk of the Mansfield Planning Board, to the Zoning Board of Appeals of the Town of Masfield stating that the Planning Board voted on February 27, 1985, to send a positive recommendation on the variance request of Carol and John Hurley for a variance to change a non -conforming use in an Agricultural District. A copy of the Planning Board's Agenda for March 6, 1985. A copy of the Planning Board's Pending Business list. A letter to the Planning Board concerning Chad Maurer's, Tow- Manager, send-off party to be held on Thursday, March 28, 1985, at the Sheraton Mansfield, at 6:30 P.M., tickets are $18.00 per person. A copy of Memorandum of Law of Amicus Curiae, Massachusetts Department of Food and Agriculture. Plaintiff is Bertram M. Cook, Inspector of Buildings and Zoning Bylaw Enforcement Officer for the Town of Mansfield, versus defendant Christopher Curvin. 4. Minutes of February 23, 1985. Motion: To approve the Minutes of February 23, 1985. (Genatossio - Boldrighini - All in favor) 5. Minutes of February 27, 1985. Motion: To approve the Minutes of February 27, 1985. (Doucette - Genatossio - All in favor) Planning Board's Minutes March 6, 1985 Page 4 6. Maplewood Estates preliminary subdivision plan - 9 lots - Maple Street 'Planner Flynn entered the meeting during this discussion. Don Baker and John T. Mahoney approached the Board to present the proposed subdivision plan which consists of 9 lots owned by the applicants, located across the street from the recently approved Maplewood Estates subdivision. The proposed subdivision would be located behind eight lots on Maple Street Mr. Baker also stated that all the lots conform in size and that most of the lots exceed the zoning requirements in area. Planner Genatossio asked the applicants if the retention area that is proposed on this plan would be maintained by the Town; the applicants replied that the retention area is within an easement and that it is currently part of their property. Planner Genatossio pointed out to the applicants that the drainge easement is on Lot 29, which is a buildable lot, therefore, the Town will have to maintain it. In general, the Board was concerned about the drainage and where it would go after it ran off the lots; and that further clarification is needed from the engineer that designed the plan. Planning Director Mannarino voiced his concerns over the length of the roadway, which by regulation is only supposed to be 650 feet, but well exceeds this amount; he also stated that the engineer should come in with an overlay of the poorly and very poorly drained soils and the wetlands, all of these factors would affect the roadway and lot sizes. It was also pointed out by Mr. Zeneski, DPW Director, that an oil/water separator must be added to the plan in the drainage area because it is within the water protection district. John Mahoney asked the Planning Board members how this subdivision would be affected by the Environ- mental Impact Statement that the different developers are being asked to participate in; the Planning Board member informed him that a letter was sent to him regarding this and they would like him to attend the meeting on Tuesday, March 12, 1985, to discuss the matter. 7. Vankoert Farms preliminary subdivision plan - 39 lots - Franklin Street Acting Clerk Doucette read the DPW Director's memorandum regarding this subdivision plan. Mr. Edward Marcheselli and Mr. Walter Mallet approached the Board to discuss the proposed subdivision plan. The Planning Board was concerned because of the water that is going to be, according to the plan, dumped onto land owned by the Town of Mansfield and the Holmberg's; and it was stated that this cannot be done without an easement from both parties involved. An alternative drainage was discussed between Lots 7 and 8, so that the water would go from that point directly to the Canoe River and there would really be no need to obtain an easement over abutting properties. The Planning Board prefers this option over having a detention basin on the plan and if the plan is redesigned in this manner only one oil/ water separator would be needed instead of two; the drain pipe would go right to the Canoe River and there would be less of a maintenance factor. Mr. Marcheselli and Mr. Mallet stated that they have spoken with the Butler's concerning their driveway being so close to the entrance of the subdivision and that the Butler's were very receptive to the idea of moving their drive- way to correct the problem and that another meeting has been arranged to finalyze plans. .Planning Board's Minutes March 6, 1985 ,Page 5 F The Board received a letter from Mr. Edward Marcheselli, Treasurer of the Walmark Corporation, request an extension on the preliminary plan of Vankoert Farms until March 29, 1985, in order to allow the applicant to incorporate the above mentioned points onto the plan. Motion: To accept the request for an extesnion on the preliminary plan of Vankoert Farms until March 29, 1985. (Flynn - Doucette - All in favor) 8. Highland Avenue Extension preliminary subdivision plan - 12 lots - Highland Avenue *Planner Bachman entered the meeting during this discussion. Paul Folkman approached the Board to discuss this preliminary subdivision plan. The Planning Director, Planner Genatossio, Planner Flynn and Acting Clerk Doucette walked the site on Monday, March 4, 1985. Mr. Folkman stated that his attorney, Jim Kelley, is double checking to make sure that there is no roadway layout for this parcel of land; and he also stated that the only easement which is on the property is the power easement and he is absolving any problems which may occur with this easement through discussion with Massachusetts Electric. Planning Director Mannarino asked Mr. Folkman if he had the easement right-of-way from Massachusetts Electric to see what type of restrictions are on the property and the current and pro- posed location of the light poles. Mr. Folkman replied that he is going to send the Planning Director a copy of the easement right-of-way and the field work that was done on this parcel of land. The Planning Board members were concerned about the roadway and how it would blend in witht the roadway that is already constructed in that area, especially the two corner lots that were to be at the entrance to this proposed subdivision. Mr. Folkman stated that he can grade down the road so that the width is the same as the presently constructed roadway and that he will have the angles modified in relationship to the corner lots. He will also submit a survey of the existing abutters' buildings. 9. "Form A" plans Madan - Winthrop Street - 3 lots This "Form A" plan consists of a parcel of land in Mansfield situated on the easterly side of Winthrop Street at the southeasterly intersection of Winthrop Street and Warren Avenue. The reason this plan does not constitute a sub- division is because the parcel is on a public way with no new roads proposed. This "Form A" is to move the lot lines. The checklist is complete. Motion: To sign the "Form A" plan. (Doucette - Boldrighini - All in favor) Madan - Winthrop Street - 1 lot This "Form A" plan consists of a parcel of land in Mansfield sitated on the eastelry side of Winthrop Street at the southeasterly intersection of Winthrop Street and Warren Avenue. The reason this plan does not constitute a subdivision is because the parcel is on a public way with no new road proposed. The checklist is complete. Motion: To sign the "Form A" plan. (Flynn - Doucette - All in favor) P,lanning Board's Minutes March 6, 1985 Page 6 10. Austin Farms definitive subdivision plan - 56 lots - Winter Street Planning Director Mannarino stated that the Planning Board should send the applicant of this definitive subdivision plan a letter addressing the concerns and comments regarding the plan. Motion: To send the applicant of Austin Farms definitive subdivision plan the comments and concerns regarding the plan. (Boldrighini - Doucette All in favor) 11. Discussion of Environmental Impact Statement Planning Director Mannarino presented a map to the Board that showed the flow of water to the Whiteville Pond and the Canoe River, and outlined the wetland and water bodies. The Planning Director requested that the Board look over this map, get their ideas together about what they want accom- plished from this study, and use the map as a basis for the meeting next Tuesday; the objectives of the study must be outlined - the Board should be looking at effects of traffic, water quality and drainage. Planner Boldrighini stated that one of the biggest concerns is the peak flow of drainage attributed to these subdivisions and how they will affect Whiteville Pond and the Canoe River. The DPW Director stated that there are some as- pects that the Board must consider for this study, such as; length of time to complete the study, detail that the Board would like to get from the study, and the amount of money to be spent for the study. Planning Director Mannarino asked the Planning Board members if they would want to select a few consultants to invite to the meeting that will be held with the developers on Tuesday, March 12, 1985. The Board decided to contact the following people and invite them to the meeting: Lycote; I.E.P.; F, S & T; and a traffic engineer. How the consultant is going to be paid will be worked out at the meeting. Paul Folkman, President of The Folkman Company, Inc., stated that the only concern the devlopers have in participating in this study is that they.have input into what is being studied and who is hired for the project. Ther Board assured Mr. Folkman that this would be an unbiased study. 12. Performance Guarantee for Shannon Drive The Planning Board received a letter from the Attleborough Savings Bank stating that they are holding $127,436.10 in a construction loan, accounts No. 52-055884-09 and No. 52-056088-6 for The Folkman Company, Inc., for the purpose of construction and completing Shannon Drive. This amount which the bank is holding coincides with the amount that the Planning Director had estimated from the 1985 Means Construction Cost Data. Motion: To accept the Performance Guarantee which was received from the Attleborough Savings Bank. (Doucette - Boldrighini - All in favor) planning Board's Minutes March 6, 1985 Page 7 12. Around the Table Planner Flynn stated that the article which was for the rezoning article on Fruit Street was advertised incorrectly in the paper. The article was supposed to read to rezone from Industrial to Residence C, but it read to rezone from Industrial to Residence A. She stated that this error should be corrected and should be placed in the paper for another hearing to be held on March 27, 1985. This notice would be placed in the Sun Chronicle and a press release would be placed in the Mansfield News. All the Planning Board members were in agreement. *Planner Flynn left the meeting at this point. Planning Director Mannarino informed the Board that Mr. Alan Brown has re- quested another public hearing from the Planning Board regarding his rezoning article for Copeland Drive (Route 140). The Planning Director stated that the only way that he can bring his article to the Annual Town Meeting is to obtain a favorable recommendation from the Planning Board because the article was defeated at the Special Town Meeting; and the law states that an article cannot be acted upon for two years if defeated at Town Meeting without ob- taining a positive recommendation from the Planning Board; and also that if the Board feels that this article will not get another positive recommendation from the Planning Board than it should not be given another public hearing because it will just be wasting everybody's time. Motion: To readvertise and hold a public hearing for Alan Brown's rezoning petition in order that this article may go to the Annual Town Meeting. The public hearing will be held on March 27, 1985. (Doucette - Boldrighini - Brugliera) (Genatossio - Bachman opposed) Planning Director Mannarino presented a definitive subdivision which was submitted by Margot Jellinek for 11 lots off of West Street. The applicant of this subdivision is The Broderick Corporation. The Planning Director stated that a public hearing must be advertised for this subdivision, it should be held sometime in April, either the first or the second week. 14. Public Discussion No comment at this time. 15. Date of Next Meeting is March 12, 1985, at 7:30 P.M. 16 DATE PENDING BUSINESS March 6, 1985 o Fuller Estates definitive subdivision plan - 9 lots - Winter Street - deadline 3/30/85 o Westhaver Farms definitive subdivision plan - 36 lots - Franklin Street - deadline 3/30/85 o Austin Farms definitive subdivision plan - 56 lots - Winter Street - deadline 4/26/85 o Maplewood Estates preliminary subdivision plan - 9 lots - Maple Street - deadline 3/23/85 March 13, 1985 o Review various subdivision plans o Public Hearing - abandonment of Billings Street March 20, 1985 o Review various subdivision plans o Public Hearing on various Annual Town Meeting zoning variances