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HomeMy WebLinkAboutPlanning 03/13/1985PLANNING BOARD'S AGENDA MARCH 13, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of March 6, 1985 3. Variance Requests o 7:40 P.M. - David Williams - Changing a non -conforming use - Edgewood Street 0 7:50 P.M. - CTI - Cryogenics/Helix Technical Corp. - to add a sign - Forbes Boulevard 4. 8:00 P.M. - Abandonment of Billings Street - Public Hearing 5. Review of Subdivision Plans: 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 Highland Avenue Extension preliminary subdivision plan - 12 lots - Highland Avenue - deadline 4/1/85 o Vankoert Farms preliminary subdivision plan - modified to 39 lots - Franklin Street - deadline 3/29/85 6. "Form A" plans i 7. Around the Table 8. Public Discussion 9. Date of Next Meeting 10. Adjournment PLANNING BOARD'S MINUTES MARCH 13, 1985 Present: Chairman Fiore, Clerk Brugliera Planners; Flynn, Genatossio, Doucette, Boldrighini and Bachman Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Correspondence A copy of The Beacon to Joseph Mannarino, Planning Director, from the Massachusetts Municipal Association. A letter from Karl Clemmey to the Chairman of the Mansfield Planning Board stating that at this time he would like to request from the Planning Board a public hearing to place the rezoning article in the Warrant for the Annual Town Meeting, that was inserted in the Special Town Meeting, a copy of the original public hearing notice was enclosed. A copy of the Planning Board's Minutes for March 6, 1985. A copy of a notice of hearing from the City of Attleboro Planning Board. A hearing will be held on Monday, March 18, 1985, on the definitive plan of Anton Oak Realty for a four (4) lot subdivision, located on the northeasterly side of Paola Drive. A copy of a notice of public hearing for the Mansfield Planning Board. A hearing will be held on Wednesday, March 27, 1985, on the following matters: 7:30 P.M. - regarding thepetition of ten (10) registered voters to re- zone a parcel of land from an existing Agricultural District to General Business which is situated on the southerly side of East Street at the intersection with Franklin Street. 8:15 P.M. - regarding the petition of ten (10) registered voters to re- zone a parcel of land from an existing Industrial District to Residence C which is situated on the westerly side of Ware Street. 9:15 P.M. - regarding the petition of ten (10) registered voters to re- zone a parcel of land from an existing Agricultural District to Residence C which is situated on the northerly side of Fruit Street, at the corner (. of Fruit Street and Short Street. 10:00 P.M. - regarding the petition of ten (10) registered voters to re- zone a parcel of land from an existing Residence A District to a General Business District which is situated on the northeasterly side of Copeland Drive (Route 140). Planning Board's Minutes March 13, 1985 Page 2 A copy of a letter from Joseph Mannarino, Planning Director, to Mr. Ronald Bonvie, President of The Bonwood Company, Inc., stating that the Planning Board voted to send the department head comments on the Austin Farms defin- itive subdivision plan to Mr. Bonvie and that there are basic design problems with this plan. A memorandum from the Conservation Commission to Joseph Mannarino, Planning Director, concerning the review of Maplewood Estates Phase II preliminary subdivision plan, stating that this is a sensitive area with considerable developing going on and the commission would like to review all plans on this proposed subdivision. A copy of a letter from Joseph D. Brugliera, Clerk of the Mansfield Planning Board, to Mr. David White, of 88 Tremont Street, stating that the Planning Board discussed Mr. White's letter, dated January 6, 1985, which requests the Planning Board to determine that certain land be considered surplus material, the Board is of the opinion that the land around the pond is an integral part of the pond project and, as Mr. White stated, blends in with the pond very well. Since the original special permit has expired, the Planning Board does not believe it can approve such a request. A copy of a letter from Joseph D. Brugliera, Clerk 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 open space planning grant. A copy of the Planning Board's Agenda for March 13, 1985. A copy of the Planning Board's Pending Business list for March 20, 1985, and March 27, 1985. A copy of the Bulletin Board from the New England Chapter of the American Planning Association to Joseph Mannarino, Planning Director. A copy of a legal notice of hearing from the City of Attleboro Zoning Board of Appeals. The following hearings will be held on Thursday, March 28, 1985: Richard A. Ouelette - for a variance from the minimum sideyard requirement, on 28 Deerfield Road, located in a General Residence A District. George Catenacci, Donna and Donald Berndt - for a variance from minimum setbaek and lot area requirements on the corner of Greenfield Street, Prescott Street and South Avenue, located in a Single Residence B District. Robert Colicci - for a special permit to convert a two-family into a three- family at 41 Jessee Street, located in a General Residence A District. Atlantic Richfield - for a special permit to extend hours of operation for an existing gasoline station on 237 Washington Street, located in a Planned Highway Business District. Edmond T. Rocheleau - for a special permit to continue use of a non -conforming beauty salon on 181 South Main Street located in a General Residence District. Attleboro Sun Publishing Corporation - for a variance to extend existing driveway opening on 34-38 South Main Street, located in a Central Business District. Planning Board's Minutes March 13, 1985 Page 3 A pamphlet from the Northeastern University to the Mansfield Planning Director concerning the tuition, fees, and schedules for classes beginning April 1, 1985. A copy of a notice of public hearing from the North Attleboro Planning Board. The following hearings will be held on Thursday, March 21, 1985: Benjamin Patch - seeking relief or waiver of subdivision control regu- lations to create a buildable lot which lacks proper road frontage. Property is located on the westerly side of Mt. Hope Street and northerly of Lenore Drive. Franklin Corporation - for renewal of gravel removal permit for property located easterly of the intersection of Paine Road and Rawson Road. A copy of a notice of hearing from the Town of Sharon Planning Board. A hearing will be held on Wednesday, March 20, 1985, to consider proposed amendments to the Sharon Zoning Bylaw. A copy of a letter from Joseph Mannarino, Planning Director, to David P. Williams stating that the Mansfield Planning Board will be discussing his variance request at their meeting to be held on Wednesday, March 13, 1985, at 7:40 P.M. and that he is welcome to attend that meeting. A copy of a letter from Joseph Mannarino, Planning Director, to CTI Cryogenics/Helix Technology Corporation stating that the Mansfield Planning Board will be discussing their variance request at their meeting to be held on Wednesday, March 13, 1985, at 7:50 P.M. A copy of a legal notice of hearing from the Town of Mansfield Zoning Board of Appeals stating that a hearing will be held on March 19, 1985, at 8:00 P.M. for a variance to convert an existing structure at 26 Edgewood Street, owned by Textron, Inc., from manufacturing to office use, said use being non- conforming in a Residence A Zone. A copy of a legal notice of hearing from the Town of Mansfield Zoning Board of Appeals stating that a hearing will be held on March 19, 1985, at 7:45 P.M. for a variancefor the installation of a second free-standing sign at 375 Forbes Boulevard, said sign being more than allowed in an Industrial Zone. A letter from Edward C. Marcheselli, Treasurer of the Walmark Corporation, to Mr. Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, stating that the two items the Planning Board has concerning the preliminary plan of Vankoert Farms have been amended and they will have a new design ready at the March 20, 1985, Planning Board meeting. A letter to the Planning Board from Evelyn Allen, Trustee of the Evelyn Allen Trust, stating that she would like to request an extension on the definitive subdivision plans entitled "Westhaver Farms" and VFuller Estates" until April 30, 1985. 3. Minutes of March 6, 1985. Motion: To approve the Minutes of March 6, 1985 (Brugliera - Doucette - All in favor) Planning Board's Minutes March 13, 1985 Page 4 4. 7.40 P.M. - David Williams - Changing a non -conforming use - Edgewood Street This variance request is to convert an existing structure at 26 Edgewood Street, owned by Textron, Inc., from manufacturing to office use, said use being non -conforming in a Residence A Zone. The applicant of this variance is David P. Williams, of 31 Prospect Avenue, Foxboro; and Textron, Inc. (Gorham Division), 333 Adelaine Avenue, Providence. Textron, Inc., has owned this building since December 6, 1968, and David Williams is the agreed purchaser. The size of existing building is as follows: Auxilliary building is 23' X 14'; retail store 40' X 34'; main building is 12' X 14'. The size of the proposed building is as follows: Main and Auxilliary buildings to remain; and the store is to be removed. The present use of premises is a manufactruing plant. The proposed use is to be used for offices. The extent of the proposed alterations is as follows: Central High Bay Area of main building (24` X 194') to be elevated ten (10) feet for mezzanine. Remainder of main building (30' X 194' and 44' X 194') to remain at present height. Interior to be completely remodeled for office use. Complete new front elevation to be built. The grounds for exception, permit or variance is that the existing manufacturing building is a solid, well built structure too valuable to demolish, yet outmoded for use as a manufacturing facility. The present owner has not found any buyer interested in using it for manufacturing purposes and the property has been unused for a few years. In light of this, the owner is subjected to a financial hard- ship. Rehabilitation of the existing building for office use would change the present non -conforming manufacturing use to one having less impact on the residential property nearby and would be in harmony with the provisions of Section V. A. 2c. of the Zoning Bylaw authorizing the change of non- conforming use to a more restricted one. Planning Director Mannarino stated that this building seems to have been abandoned, which means that it has not been in use for a period of over a year and, in turn, it loses its non -conforming status; he also stated that even if it is not abandoned the Board must determine whether the proposed use will be more intensive than the previous use. The Planning Board was concerned because the whole area around this proposed building is single family dwellings and they believed this use would be more intensive than the original use. Planning Director Mannarino stated that any use permitted in the Residence A District or any use that is less detrimental to the neighborhood could be allowed. Motion: To send a negative recommendation to the Zoning Board of Appeals because under Section V. A. 2a. the Board feels that the building is considered to be abandoned since it has not been used for over a period of a year and if it is not considered abandoned by the Zoning Board of Appeals, the recommendation is still negative because the proposed use is more intensive than the previous use. (Genatossio - Flynn - All in favor) 5. 8.00 P.M. - Abandonement of Billings Street - Public Hearing The public hearing for the abandonment of Billings Street began at 8:00 P.M. the hearing was adjourned at 8:30 P.M. A copy of the transcript is avail- able in the Planning Department office. Motion: To approve the abandonment of the portion of Billings Street as presented to the Mansfield Planning Board on the plan including the description of the meets and bounds of the portion to be abandoned. (Doucette - Boldrighini - All in favor) Planning Board's Minutes March 13, 1985 Page 5 6. 8:30 P.M. - CTI - x. Technical Corporation - to add a sign - This variance request is to install a second free-standing sign at 375 Forbes Boulevard, said sign being more than allowed in an Industrial Zone. The applicant of this variance is CTI - Cryogenics/Helix Technology Corp.. The size of the existing building is 57,300 square feet which is presently used as an Industrial Plant. The use would remain the same. The extent of the proposed alterations would be to install a second free-standing sign which would serve as a directional sign for the shipping and receiving area for the trucks which deal with this business. Motion: To send a positive recommendation to the Zoning Board of Appeals on the variance request of CTI - Cryogenics/Helix Technical Corporation to install a second free-standing sign. (Boldrighini - Bachman - All in favor) 7. Fuller Estates definitive subdivision plan - 9 lots - Winter Street The Planning Board received a letter from Ms. Evelyn Allen, Evelyn Allen Trust, requesting an extension on the definitive subdivision plan of Fuller Estates until April 30, 1985. Motion: To accept the extension request for Fuller Estates until April 30, 1985. (Flynn - Doucette - All in favor) 8. Westhaver Farms definitive subdivision plan - 36 lots - Franklin Street The Planning Board received a letter from Ms. Evelyn Allen, Evelyn Allen Trust, requesting an extension on the definitive subdivision plan of Westhaver Farms until April 30, 1985. Motion: To accept the extension request for Westhaver Farms until April 30, 1985. (Flynn - Doucette - All in favor) Paul Folkman, President of The Folkman Company, Inc., approached the Board and stated that he would like some specific information concerning the comments from the different department heads and boards regarding both Fuller Estates definitive subdivision plan and Westhaver Farms definitive subdivision plan so that he can begin amending these plans while the Environmental Impact Study is being conducted. Motion: To send Mr. Paul Folkman the comments from the various department heads and boards concerning the subdivision plans of Westhaver Farms and Fuller Estates in order to allow him to amend the plans as the Environmental Impact Study is being conducted. (Doucette - Boldrighini - All in favor) 9. Highland AvenueExtension preliminary subdivision plan - IL IOUs - APaAline 4/1/85 Paul Folkman brought in a copy of the easement right-of-way to the Planning Board and stated that he has been having discussions with Massachusetts Electric and that hopefully by the definitive stage of this plan process he will have an answer as to where the poles are going to be moved, how much it will cost to move them, and how long it will take to move the poles. He also stated that Massachusetts Electric will be the only company doing the work on the poles so they will be getting the rough survey plan. The Planning Board's Minutes March 13, 1985 Page 6 Planning Board stated that they will review the revisions and additional information which Mr. Folkman submitted and a vote will be taken on this preliminary subdivision plan at the Planning Board meeting on Wednesday, March 20, 1985. 10. Vankoert Farms preliminary subdivision plan — modified to 39 lots - Franklin Street - deadline 3/29/85 The Planning Board received a letter from Edward C. Marcheselli, Treasurer of the Walmark Corporation, which states the following: "Concerning the two items the Planning Board had concerning the preliminary plan on Vankoert Farms: 1. We have met with the Butlers and have come to an agreement on their driveway. We will move their garage doors to the back of the garage and they will enter the garage from the rear, eliminating their drive- way entrance on Franklin Street. 2. Drainage design - our engineer, Mr. Dunn, has had conversations.with Mr. Zeneski and we will have a new design ready at the March 20, 1985, meeting." The only concern the Planning Board had on regarding this letter was that the Board may not have the plans in front of them to review at their meeting on Wednesday, March 20, 1985, and a decision must be made by March 29, 1985. Planning Director Mannarino will speak to James Dunn, engineer, and inform him that the Planning Board must have this plan submitted to them by March 20, 1985, in order to allow the Board to review any changes in the plan and vote on the plan before the deadline which is on March 29, 1985. 11. "Form A" plan The applicant of this "Form A" plan is Edward and Erma Clare. This "Form A" plan consists of property located on the easterly side of Copeland Drive and the westerly side of Central Street and is bounded on the south by land of Charles Mathews, land of Frederick Conford, and land of John Shaver, Jr., on the west by CopelandDrive and on the north by land of Token Enterprises, Inc., and land of Paul F. Boyden, containing a total area of 37,065 square feet. The reason this plan does not constitute a subdivision is because the land has sufficient frontage and area on an approved street. The checklist is complete with the exception of Number 3 which is the dimensional requirements. The Planning Director has noted that lot one lacks the proper frontage in a Residence A District. Planning Director Mannarino stated that this lot runs from Copeland Street to Central Street and that it has access from both streets, but if this land is subdivided into two lots, a non -conforming lot will be created because the presently existing lot would then only have 90 foot frontage on Central Street and by regulation the frontage is supposed to be 100 feet. The frontage this lot presently is using is the frontage that is on Copeland Drive even though this is the back part of the lot. There was some question from a few members of the Board concerning whether the lot existed before Copeland Street, if there was a variance granted on this property for the frontage on Central Street, and if this lot existed before or after zoning came into effect. The Planning Board is requesting more information be done on this parcel of land by the engineers. planning Board's Minutes March 13, 1985 Page 7 12. Letter from Karl Clemmey to the Mansfield Planning Board Clerk Brugliera read the letter from Karl Clemmey to the Chairman of the Mansfield Planning Board which reads: "At this time, I would like to request from the Planning Board a public hearing to place the rezoning article in the Warrant for the Annual Town Meeting, that was inserted in the Special Town Meeting. A copy of the original notice of public hearing was enclosed with the letter. Planning Director Mannarino stated that somebody has placed the articles that were on the Special Town Meeting Warrant on the Annual Town Meeting Warrant also, in case there was not a quorum for the Special Town Meeting; the Planning Director has talked to someone from DCA and was in- formed that when no action is taken on an article that is on a Town Meeting Warrant is is considered negative action; Jack Dwyer, Town Oounsel, is double checking this information through 'the Attorney General's Office. Planning Director Mannarino stated that the Planning Board's recommendation has to be at the Town Clerk's office before the beginning of the Annual Town Meeting and that a notice of 14 days must be given to the public before the Planning Board can hold a public hearing for the rezoning article - that 14 days would bring the date up to April 2, 1985, which would not give the Planning Board enough time to make their recommendation on this rezoning article; he also stated that this article has already gotten a negative recommendation from the Planning Board and cannot be acted upon at Town Meeting for two years without a positive recommendation from the Planning Board and Mr. Clemmey's two year waiting period is not up until May 9, 1985. The members of the Planning Board felt that Mr. Clemmey should be given another hearing even though he did get a negative recommendation from the Planning Board. Motion: To readvertise the rezoning article for Mr. Karl Clemmey for a public hearing to be held on April 1, 1985, at 7:00 P.M. (Bachman - Flynn Genatossio - Boldrighini - Fiore) (Brugliera and Doucette were opposed to this motion) PASSES 13. Around the Table Planner Flynn stated that on the warrant for the Annual Town meeting the Plannning Board's article for Master Plan funds is Article No. 51 and she would like the Planning Board to go before the Board of Selectmen and re- quest them to take.the warrants out of order because somebody made a mis- take in placing the Planning Board article next to last on the warrant. Planner Genatossio stated that they should ask that the article be taken after No. 36 because it is supposed to be in alphabetical order according to Boards and Committees. Planning Director Mannarino stated that the Board should go before the Town Meeting with this issue sometime after March 29, 1985, because that is when the Town is supposed to be finding out if they were awarded a grant for the Master Plan. Planning Director Mannarino stated that he would write the Board of Selectmen a letter stating that he would like the articles for the Annual Town Meeting Warrant to be taken out of order. Planner Flynn also stated that she remembers sending a letter to Caponigro informing him that he must erect a sign that says "private way", and he replied that he would erect that sign, but so far no sign has been put up. She would like the Board to write another letter informing him that the Board would like thesign erected. Planning Director Mannarino stated that he would send Caponigro a letter stating that the Planning Board would like the sign erected that says "Private Way". -Planning Board's Minutes March 13, 1985 Page 8 Planner Flynn stated that the lights were supposed to be turned on at West Elm Estates and as far as she can tell they have not been turned on yet. The Planning Director informed her that the lights have, in fact, been turned on, but that there are only two lights on that street which makes it look dim. Planner Genatossio stated that Thursday, March 14, 1985, is candidates night in Mansfield, it begins at 8:00 P.M. at the Mansfield Town Hall. Planner Genatossio also stated that the Downtown Advisory Committee is starting a new project looking for property for a new Post Office in the Copeland Drive area or any where in the vicinity of the Downtown area because the existing Post Office is 90% inefficient and she was wondering if the building at 26 Edgewood Street would be a good location for the new Post Office. Planners Boldrighini and Doucette pointed out to her that'. this would not be a good location because of tfie trucking that would occur at night, on Saturdays and Sundays, and because of the parking for the employees of the Post Office. Chairman Fiore stated that the Board has to work on changes for the Subdivision Regulations fox "specific requirements for the Environmental Impact Statement and will have to hold public hearings on these proposed changes. Planner Genatossio asked the Board members if they could form subcommittees to work on these changes and then present their recommendations to the Planning Board at a regular meeting. Planning Director Mannarino stated that he thought it was a good idea, but that it would just have to be a patch job for now because of the time frame that it would have to be accom- plished in. Planner Flynn, Planner Genatossio, and Clerk Brugliera will form this subcommittee; Planning Director Mannarino informed them that they should try to get all the information that is needed by April 3, 1985, and should incorporate the following things in their studies: 1. Environmental Impact Assessment. 2. Drainage calculation - should talk to the DPW on this matter. 3. The lighting of subdivisions. 4. The fire alarm reg- ulations for subdivisions. 14. Date of Next Meeting is Tuesday, March 19, 1985, at 7:30 P.M. 15. Meeting adjourned at 10:00 P.M. DATE