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HomeMy WebLinkAboutPlanning 04/24/1985PLANNING BOARD'S AGENDA APRIL 24, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of April 10, 1985 3. Variance Application Review o Martin - to construct an addition at 2 Sewell Street 4. "Form A" plans 5. Review "Westview Woods" definitive subdivision plan - 11 lots off West Street - deadline May 6, 1985 6. Around the Table 7. Public Discussion 8. Date of Next Meeting 9. Adjournment PENDING BUSINESS Subdivisions (deadline on Planning Board decisions) o Massapoag Estates - June 1, 1985 o Maplewood Estates 11 - May 23, 1985 o Westhaver Farms - June 1, 1985 o Fuller Estates - June 1, 1985 o Austin Farms - June 1, 1.985 o Westview Woods - May 10, 1985 o Chambers Court - June 1, 1985 o Mansfield Manor Estates - June 6, 1985 PLANNING BOARD'S MINUTES APRIL 24, 1985 Present: Acting Chairman Brugliera, Acting Clerk Doucette Planners: Flynn, Genatossio, Bachman, Boldrighini and Fiore Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Motion: To have Planner Ronald Doucette be Acting Clerk. (Bachman - Flynn - All in favor) 3. Correspondence *Chairman Fiore entered during correspondence. A copy of a letter from Joseph Mannarino, Planning Director, to Mr. and Mrs. Edward Martin, 2 Jewell Street, stating that the Planning Board is in receipt of a copy of their variance application and will be reviewing this application at the Board's meeting on Wednesday, April 24, 1985, at 7:40 P.M. A notice of legal hearing from the Town of Mansfield Zoning Board of Appeals regarding the application of Edward and Loretta Martin to con- struct an addition to an existing non -conforming single family homes at 2 Jewell Street. A copy of the Planning Board's Pending Business list. A copy of the Planning Board's Agenda for April 24, 1985. A copy of a letter from the Massachusetts Selectmen's Association regarding a topical workshop dealing with Land -Use Regulation which will be held in Martha's Vineyard. A copy of the Planning Board's Minutes of April 10, 1985. A copy of a memorandum from Mary Connor to all department heads regarding the deadline for legal notice, bid requests, etc, for the Mansfield News. A memorandum from Edward Broderick to the Mansfield Planning Board con- cerning the presentation of Article 50 to the Planning Board; Mr. Broderick apologizes for not being present at the public hearing and wishes to be on the agenda for the Planning Board meeting to discuss the Board's ideas and concerns before Town Meeting. Planning Board's Minutes April 24, 1985 Page 2 A copy of a memorandum from Joseph Mannarino, Planning Director, to Jesse Earls, Police Chief, informing him of the Environmental Impact Study which is to be conducted in the Winter/Franklin/Maple Streets area. A copy of a letter from Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, to Mr. Robert Unger, 396 Franklin Street, stating that the Planning Board reviewed Mr. Unger's topographic and grading plan for a tree farm and it is the Board's opinion that this proposed operation is best defined under the provisions of the Earth Removal Bylaw as a comm- ercial operation; therefore, no earthen material can be removed from this property until a special permit is granted. A copy of a letter from Anthony N. Fiore, Jr., to the Mansfield Zoning Board of Appeals concerning the variance request of Joseph Brugliera to create a substandard lot at 18 Heather Lane; the Board was in favor of this application based on the facts presented at its meeting. A copy of a letter from Anthony N. Fiore, Jr., to the Mansfield Zoning Board of Appeals concerning the variance request of Ronald and Sherylann Ford to create a non -conforming lot on Willow Street; the Board was in favor of this application based on the facts presented at its meeting. A copy of a letter from Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, to the Mansfield Zoning Board of Appeals concerning the variance request of Ronald Webster to use land zoned Resdience A for commercial parking on Chauncy Street; the Board was in favor of this application based on the facts presented at its meeting. A copy of a letter from Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, to the Mansfield Zoning Board of Appeals concerning the variance request of David Rea to create a substandard lot at 14 Heather Lane; the Board was in favor of this application of this application based on the facts presented at its meeting. A copy of a letter from Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, to Mr. Bertram M. Cook, Inspector of Buildings, regarding the site plan for the expansion of Acorn Manufacturing Inc. on School Street; the Board voted on Wednesday, April 3, 1985, to send a favorable recommendation concerning this site plan. A copy of a letter from Anthony N. Fiore, Jr., Chairman of the Mansfield Planning Board, to Mrs. Judith F. Scott, Mansfield Town Clerk, regarding the "Form A" plan submitted by Robert E. Collins for land at 1112 School Street; the Planning Board voted not to endorse this plan because it would make the existing home more non -conforming than it currently is. A copy of a letter from Joseph Mannarino, Planning Director, to Mrs. Joan Cutillo, Acting Town Manager, concerning the consultant, time and cost of the Environmental Impact Study which is to be conducted on proposed new developments in the Franklin/Maple/Winter Streets Area. A memorandum from Anthony D. Durbano, Chairman of the Conservation Commi- ssion, to Joseph Mannarino, Planning Director, regarding the Subdivision Review for Chambers Court, Westview Woods and Mansfield Manor Estates. Planning Board's Minutes April 24, 1985 Page 3 A memorandum from Edward A. Sliney, Jr., Fire Chief, to Joseph Mannarino, Planning Director, concerning the subdivision review of "Mansfield Manor Estates". A memorandum from Edward A. Sliney,Jr., Fire Chief, to Joseph Mannarino, Planning Director, concerning the subdivision review of "Chambers Court". A copy of the "Certificate of the Secretary of Environmental Affairs on the Final Environmental Impact Report" for the Great Woods Performing Arts Center, from the Commonwealth of Massachusetts Executive Office of Environmental Affairs to the Mansfield Planning Board. 4. Minutes of April 10, 1985 Motion: To approve the Minutes of April 10, 1985, as amended. (Flynn - Doucette - All in favor) Planner Bachman noted that on Page 4, under the Discussion of placement of a sign and fence at Fairfield Park Townhouse Project, it should be noted that he abstained from voting on this motion. 5. Variance ADDlication - Martin - to construct an addition at 2 Jewell_ Street This variance application is for the construction of an addition to an existing non -conforming single family home at 2Jewell Street, said add- ition having less than 40' front yard, which'is non -conforming in an Agricultural Zone. The applicants of this variance are Edward and Loretta Martin. The size of the existing building is 26 feet by 40 feet, the size of the proposed addition is 16 feet by 12 feet; the present use of the premises is a single-family residence, the proposed use is for a screened in porch. This house was existing prior to zoning and is considered a cor- ner lot; the owners would like to improve its condition. Mr, and Mrs. Martin approached the Board and stated that this addition mould be 43 feet from the street. Planning Director Mannarino stated that the applicant is not making this lot any more non -conforming because it is an existing non- conforming use, but they must obtain a variance because any change to a non -conforming use requires a variance! Motion: To send a positive recommendation to the Zoning Board of Appeals on the application of Edward and Loretta Martin to construct an addition at 2 Jewell Street based on the facts presented at the Planning Board's meeting. (Doucette - Genatossio - All in favor) 6. Reorganization of Planning Board officers Motion: To nominate Joseph Brugliera as Chairman. (Doucette - Genatossio - All in favor) Motion: To nominate Ronald Doucette as Clerk. (Bachman - Flynn - All in favor) At this point, Chairman Brugliera thanked Planner Fiore for the fine job he did while he was Chairman, and stated that he hopes Planner Fiore is with the Board for many more years. Planning Board's Minutes April 24, 1985 page 4 7. Westview Woods definitive subdivision plan - 11 lots off West Street Planning Director Mannarino stated that he has given all the comments of the department heads to the applicant, Edward J. Broderick, in order that he may address these comments at this meeting. Mr. Broderick stated that although the DPW Director requested that a fence be erected around the re- tention area, he does not believe that it is needed because of the percolation rates in this area and he stated that he would also like to leave the area naturally screened with trees. Joseph Zeneski, DPW Director, stated that this retention area is being used as a storm water disposal device and that it must be protected from such things as debris and vegetation which would effect it in order for it to work correctly; he also stated that he is asking for a six to eight foot chainlink fence be erected and that he would like at least six inches of 3/4 inch crushed stone over at least one foot of gravel to inhibit this vegetation. Mr. Broderick disagreed with this idea and stated that he would like to leave the land the way it presently is with the gravel covering the infiltration basin. The DPW Director stated that the crushed stone would inhibit vegetation growth and in that manner would be less of a maintenance problem for the Town. The Board members were also concerned about how many feet above high groundwater this infiltration basin would be constructed. Although the DPW Director recommended that this basin be constructed at least three feet above the high groundwater, Planner Fiore stated that he believes it should be more than three feet in order to allow the water to filtrate fully and properly. Mr. Broderick stated that he believes that there would be an insignificant difference in the quality of the water whether it is three feet or ten feet above high groundwater because of the distance which the water must travel to get back to the aquifer, it will still filtrate as well because the mechanism is still going to be the same. Planner Fiore asked the DPW Director if there would be a negligible difference in the quality of water that reaches the aquifer if the infiltra- tion basin is three feet above high groundwater instead of ten feet. The DPW Director stated that it could make a negligible difference in the quality, but that it is hard to ascertain. Several of the Board members did not feel comfortable with having the infiltration basin constructed three feet above high groundwater. Planner Flynn asked Mr. Broderick how much gravel he was going to remove from this site. Mr. Broderick replied that he is going to be removing approximately 25,000 cubic yards. Planning Di- rector Mannarino pointed out to the Board members that in some areas of this road the depth of the cut is approximately eight feet and that he would like the road redesigned, he would like the Board to ask Mr. Broderick to narrow the road and slope it differently, he suggests a two to one slope, in order that less gravel will be removed. The DPW Director stated that if the road is narrowed and it is sloped differently, or if the road is raised, there will be less run-off. Planner Fiore stated that much of the argument over this subdivision is due to the size of the retention basin, but that the size of the retention basin is relevant to the roadway. He stated that a calculation has to be done as to the size of the retention area if the roadway elevation is raised and the width is changed compared to the size of the retention area if the roadway is left at its present elevation and the width of the road is not changed. Chairman Brugliera stated that he would like Mr. Broderick to get these facts from his engineer and submit them to the Board. Planning Director Mannarino stated that he would like to see the cul-de-sac in this subdivision changed: the Board would also like to see this revised so that it will be a circle with an island in the middle rather than a bulb because it will be less of a maintenance problem for the Town. Mr. Broderick stated that the cul-de-sac was set up in this manner, so that he could obtain his frontage. Planning Board's Minutes April 24, 1985 Page 5 *Planner Boldrighini left the meeting. Planning Director Mannarino stated that the only other comments he has for this subdivision is the comments from the Light Department concerning street lighting. Mr. Broderick stated that he has those comments and that he sees no problems with them. He also stated that he will take all the comments stated at this meeting into consideration and he will have to some revisions on his original plan. *Clerk Doucette left the meeting. *Planner Bachman to be Acting Clerk for the remainder of the meeting. 8. First and Dane Streets Planning Director Mannarino stated that the land in question here has al- ready been an approved "Form A" plan and that two buildings permits have been issued for duplex dwellings on Dane Street. The problem that Mr. Riccio, the applicant of these building permits, is having is in obtaining the third permit for a duplex dwelling on First Street. The reason there is a pro- blem with this application is because First Street is not an accepted public way, and before a permit can be granted for this land the Board of Selectmen must review it and then the Planning Board must approve the application. Jack Riccio approached the Board and stated that the Fire Chief has been out to look at the site and he sent a letter to the Board of Selectmen stating that there is a big tree on the corner of First and Dane Street which may have to be cut down so the fire trucks will have access through this area, but the Fire Department must check into it further. Mr. Riccio also stated that he plans to upgrade the road somewhat because at the present moment, it is in very poor condition. Planning Director Mannarino stated that as long as Mr. Riccio meets the requirements of the Fire Chief and the repairs on the roadway, he sees no problem with approving this proposal; he also stated that the Board must send a letter to the Building Inspector stating these facts. 9. Alain Meyer - 160 Franklin Street Planning Director Mannarino stated that the Building Inspector wanted the Board to be aware of the situation that has arisen concerning an addition at 160 Franklin Street. The Building Inspector has denied this building application to place an addition onto a single family dwelling unit at 160 Franklin Street even though this proposal had gone before the Zoning Board of, Appeals and obtained a variance. Mr. Meyer's proposal was for a two -car garage with an apartment above it, the variance was needed for the sideyard requirement. The request for the sideyard was granted by the Board of Appeals, but it was specifically stated that the use for an apartment over the garage was not granted because that would constitute a two-family dwelling under, the Mansfield Zoning Board of Appeals and two-family dwelling units are not allowed in this zone. The Zoning Board of Appeals did state, however, that the addition could be placed above the garage if the plans con- formed to a single dwelling unit. The construction plans which were submitted with the building application were for a two-family dwelling unit and there- fore the Building Inspector denied this permit. Planner Fiore stated that the Building Inspector was right in denying this permit and that the Planning Board should support his position, the applicant should have to go back to the Zoning Board of Appeals and get a clarification on this matter. m Planning Board's Minutes April 24, 1985 .Page 6 10. Around the Table Planning Director Mannarino stated to Planner Flynn, in response to an issue that had arisen at the Planning Board's work session, that in the Special Business District, there cannot just be businesses by Special Permit, there must be some permitted uses also. Planning Director Mannarino stated to the Planning Board that he would like to try a trial run of not having the variance applicants into the Board meeting when reviewing their applications because the Planning Board only hears the proponents side of the story. Chairman Brugliera asked Planning Director Mannarino what happens if there is not enough information on the variance application to make a decision. Planner Fiore stated that the Town Clerk should not accept: the applications if they are not complete. Planner Bachman stated that he believes the Board is reviewing the appli- cations in a proper manner. Planner Fiore stated that the only way to settle the matter is to either have both the applicants and the abutters into the meetings to review the applications or neither one. Planning Director Mannarino stated that the application should be able to speak for itself. The Board members agreed. Motion: To have a trial period for the next fifteen (15) applications for variances in which the Planning Board will review the applications without having the applicants come into the meeting. (Fiore - Flynn - All in favor) 11. Date of Next Meeting is May 1, 1985, at 7:30 P.M. 12. Meeting adjourned at 10:00 P.M. CL K -2,24 '" DATE