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HomeMy WebLinkAboutPlanning 07/02/1985PLANNING BOARD'S rie K "0 JULY 2, 1985 1. Meeting called to order at 7:00 P.M. 2. 7:01 P.M. - Site Plan review - oil storage facility - Warren Avenue 3. 7:15 P.M. - Site plan review - office building - Forbes Boulevard 4. Variance application review 5. "Form A" plans 6. Clerk's Report a. Correspondence b. Minutes of June 19, 1985 7. Around the Table 8. Public Discussion 9. Date of Next Meeting 10. Adjournment PLANNING BOARD'S MINUTES JULY 2, 1985 Present: Chairman Brugliera, Clerk Doucette Planners: Genatossio, Flynn, Boldrighini, Fiore and Bachman* Planning Director Mannarino 1. Meeting called to order at 7:30 P.M. 2. Site Plan review - oil storage facility - Warren Avenue *Planner Bachman entered during this discussion. James Dunn, Engineer of this plan, approached the Board and stated that this proposed building abuts the railroad line and the APR plant, it is 3.65 acres which will be used as an oil storage and distribution facility; there will be three (3) 10,000 gallon tanks which will be contained within a concrete wall. There is a building located on the site which will serve as a garage and an office for this operation. A dumpster area is provided, the parking conforms to the Zoning Bylaw regulations, there is a six-foot chainlink fence surrounding the whole site and there will also be a six-foot earthen berm placed around the property. The drainage wil go from the asphalt to the grassy area which will act as a recharge area, this area has a very good pert rate. There will be a gate for the main access and there will also be an emergency access. There is an existing sewer line which the proposed building will connect into. This is not within the 100 -year flood line. There is an oil trap outside the contain- ment area which will require an EPA oil spill prevention plan. Planner Gena- tossio asked Mr. Dunn where his trucks would be parked. He replied that they would be parked in the garage on site. Planner Flynn asked Mr. Dunn if the oil/water separator which is proposed is the same type which would be in a subdivision. He replied that it is the same type as in a subdivision, but any spills that occur will be caught before they reach the oil/water separator, and that it is required that you provide an oil/water separator for 100% of the first tank and 10% of all the other tanks; and they are providing much more than that. APR is presently using this parcel of land to cross over and get to Avon Street and the neighbors have had a problem with the trucking; APR will not be allowed to pass over this property any longer as stipulated by the neighbors which granted an easement to this property. The access which is on the back of this property will only be used in emergencies and the Fire Department will be provided with a key to the gate, otherwise it will be bolted closed. The DPW Director was concerned with the containment basin and the oil/water sepa- rator and he felt they should be incorporated on the plan; and the Planning Director was concerned with the paving and narrowing of the circular driveway to 18 feet. The Board agreed with these concerns. Motion: To send a favorable recommendation to the Inspector of Buildings in- corporating the DPW Director's comments and the Planning Director's comments especially the paving of the circular driveway onto the plan. (Flynn - Doucette - All in favor) Planning Boards Minutes July 2, 1985 Page 2 3. Site Plan review - office building - Forbes Boulevard The applicant of this plan is J. Gerson Bloch. This is for the construction of a new buildng on Forbes Boulevard. Planning Director Mannarino stated that the applicant had applied for a variance to place a parking lot in the Residential Zone, but this was not granted so the applicant has placed both the building and the parking area in the Industrial Zone. There is, however, a problem with the drainage; the applicant is using the Residential Zone for his drainage, he is making physical changes to this area and that would re- quire a variance because the drainage is an intregal part of the industrial use. Planner Genatossio had a question concerning the 60% maximum lot coverage which is allowed in this zone and stated that she believes both the building and the parking should be considered when calculating the coverage, not just the building. Planning Director Mannarino stated that he believes the Building Inspector considers only the building when calculating lot coverage because the Zoning Bylaw does not specify otherwise. Motion: To send a negative recommendation to the Building Inspector stating that the reason for this recommendation is because of the industrial encroachment on the residential property. (Fiore - Flynn - Boldrighini - Genatossio) (Brugliera - Bachman - Doucette opposed.) PASSES 4. Variance Application Review John P. Hyde - 269 Franklin Street This variance is for a parcel having less than 30,000 square feet and less than 120 foot frontage, all of which are non -conforming in an Agricultural Zone. The house is at 269 Franklin Street, the applicant of this variance is John P. and Irene R. Hyde. There is a building presently on this land which serves as single family residence, there is no additional building proposed. The applicant states that the hardship is due to the configur- tion of the parcel of land. Planning Director Mannarino stated that this is a self-induced hardship and the reason they request a variance is so that they can sell the other parcel of land, but it does not have enough area or frontage. If this variance is granted, a non -conforming lot will be created and the Board does not feel that they should be creating non -conforming lots. Motion: To send a negative recommendation to the Zoning Board of Appeals stating that the Board feels this is a self-induced hardship and it does not believe that a non -conforming lot should be created for the purpose of selling the remainder of the lot because the applicant is not showing a real hardship to the land. (Bachman - Doucette - All in favor) Motion: To also send a letter to the Zoning Board of Appeals stating that the Planning Board does not feel there is a hardship running with the land and that the hardship is self-induced and therefore, should not be granted a variance. (Fiore - Flynn - All in favor) Planning Board's Minutes July 2, 1985 Page 3 Hatheway and Patterson - 15 County Street The applicants of this variance request are Hatheway and Patterson. This variance request is for an addition to an existing structure at 15 County Street, said structure having less than 50 foot front yard and less than 20 foot side yard, which are non -conforming in an Industrial Zone. The extent of the proposed alterations would be the addition of an open wood deck as part of landscaping adjacent to the office which would be 16 feet by 40 feet. The reason for the variance is that the landscape improvements by conventional sod lawn would be difficult to obtain due to highly compacted coarse gravel soil conditions. Planning Director Mannarino stated that the reason a variance is needed is because the deck will be considered part of the entire structure and that he sees no problem with the granting of this variance since it abuts an industrial site. Motion: To send a favorable recommendation to the Zoning Board of Appeals based on the facts presented at the Board's meeting. (Boldrighini - Doucette - All in favor) Gretchen Elliott - Richardson Avenue The applicant of this variance request is Gretchen Elliott. This variance re- quest is for a lot on Richardson Avenue, said lot containing less than 15,000 square feet, which is non -conforming in a Residence A Zone. There is no building presently on this parcel, a 21.33 by 24.67 with 10 foot by 12 foot wing is proposed to be used as a single family residence. The applicant states that the grounds for a variance are that the neighborhood in which the property is located has changed from semi -agricultural to residential resulting in considerable additional maintenance and costs. Planning Director Mannarino stated that this is a paper street off of Willow Street and that it requires Subdivision Control Regulations because the applicant does not have the frontage on a public road. Motion: To send a negative recommendation to the Zoning Board of Appeals stating that this is creating a substantial non -conforming lot on a paper street that shows no right-of-way access and there is a question if it requires Subdivision Control Regulations. (Doucette - Bachman - All in favor) Gambale - Pratt Street The applicant of this variance request is Lewis Gambale. This variance request is to construct an addition to an existing single family dwelling at 255 Pratt Street, said addition having less than a 30 foot front yard dimension which is non -conforming in a Residence A Zone. The size of the existing bolding is 26 feet by 38 feet which is used as a single family dwelling. The size of the proposed addition is 18 feet by 24 feet which will be an addition of downstairs bedroom, bathroom and livingroom. Planning Director Mannarino stated that this is already a non -conforming use because it only has a 20 foot front yard and the requirement is 30 feet. Motion: To send a negative recommendation to the Zoning Board of Appeals stating that the hardship has not been explained to the Planning Board in the application. (Doucette - WITHDRAWN) Planning Director Mannarino stated that the only reason the applicant has to be granted a variance is because the house is laready non -conforming and they have to get a variance if they want to perform any alterations on this property. Motion: To send a positive recommendation to the Zoning Board of Appeals stating that this is an expansion of a non -conforming use and would not be a . .. . .R, _ n._t_ A,1 J- c---) .Planning Board's Minutes July 2, 1985 Page 4 5. "Form A" plans Maple Street - Grady The applicants of this "Form A" plan are James and Barbara Grady. This "Form A" plan consists of a parcel of land on the southerly side of Maple Street bounded northerly by Grady; easterly and southerly by Maple Street and westerly by Old Maple Street. The reason this plan does not constitute a subdivision is because the lot is to be combined with the remaining land of Grady. The checklist is complete. Motion: To approve the "Form A" plan for Maple Street. (Boldrighini - Genatossio - All in favor) Winter Street - Allen The applicant of this "Form A" plan is Evelyn Allen. This "Form A" plan con- sists of a parcel of land on the westerly side of Winter Street bounded northerly by Seifert; easterly by Winter Street; southerly by The Folkman Company and westerly by Evelyn Allen Trust. The reason this plan does not constitute a sub- division is because the lot has sufficient frontage and area as per zoning. The checklist is complete. Motion: To approve the "Form A" plan for Winter Street. (Doucette - Flynn - All in favor) West Street - Berenson The applicant of this "Form A" plan is Jon Berenson. This "Form A" plan con- sists of a parcel of land on the easterly side of West Street bounded northerly by Bogdanchik; easterly by Covich; southerly by Bogdanchik and Guy and westerly by West Street. The reason this plan does not constitute a subdivision is be- cause Lot 1 has sufficient area and frontage as per zoning and Lot 2 is to be conveyed to abutting owner. The checklist is complete. Motion: To approve the "Form A" plan for West Street. (Doucette - Fiore - All in favor) Heather Lane - Rea and Brugleira The applicants of this "Form A" plan are David and Barbara Rea and Joseph and Karen Brugliera. This "Form A" plan consists of a parcel of land on the northerly side of Heather Lane bounded westerly by Shore; northerly by DiPalma, Durband, Bryan and Fontanini; easterly by Baumhoff and Dingus and Southerly by Heather Lane. The reason this plan does not constitute a subdivision is because Lot 14A has been granted a variance for insufficient frontage; Lot 13A has been granted a variance for insufficient frontage. The checklist is complete. Motion: To approve the "Form A" plan for Heather Lane. (Boldrighini - Doucette - All in favor) 6. Green Acres Subdivision - Franklin and Maple Streets Planning Director Mannarino presented the Board with the modification plan for the approved Green Acres Subdivision plan and stated that instead of the cul- de-sac with the loop that was originally proposed and approved the applicants are going to place two small cul-de-sacs in this subdivision; he stated that this is a much better situation than was originally approved. A public hearing will be held on July 31, 1985, for this modification to the subdivision. —Planning Board's Minutes July 2, 1985 Page 5 7. Highland Avenue Definitive Subdivision Plan and Hidden Estates Definitive Subdivision Planning Director Mannarino presented the Highland Avenue Definitive Subdivision Plan and the Hidden Estates Subdivision Plan to the Planning Board and stated that public hearings have to held for both of these subdivision plans. The Board decided to hold both of these public hearings on July 31, 1985. 8. Correspondence A copy of the Planning Board's Pending Business List. A copy of the Planning Board's Agenda for July 2, 1985. A copy of a memorandum from Joseph Mannarino, Planning Director, to Bertram M. Cook, Inspector of Buildings, stating that the Planning Board discussed Mr. Staples letter, dated June 25, 1985, concerning the removal of fill at 100 Jewell Street and the hauling of 16,000 cubic yards of manure onto his property; and the Board would like to visit the site in question before acting on these requests. A copy of a memorandum from Joseph Mannarino, Planning Director, to Joseph Zeneski, DPW Director, concerning the inspection of the roadway at Maplewood Estates subdivision for the release of 907 of the performance guarantee. A legal notice from the Town of Foxboro Board of Appeals. A hearing will be held on Wednesday, July 17, 1985, at 7:30 P.M. A memorandum from Joseph Mannarino, Planning Director, to the Planning Board concerning the Site Plan review for an office building on Forbes Boulevard. A memorandum from Edward A. Sliney, Jr., Fire Chief, to Joseph Mannarino, Planning Director, concerning the Site Plan review for an oil storage facility on Warren Avenue and Winthrop Street and for an office building on Forbes Boulevard. A legal notice from the Town of Sharon Board of Appeals. A hearing will be held on Thursday, July 11, 1985, at 7:30 P.M. A legal notice from the Town of Sharon Board of Appeals. A hearing will be held on July 11, 1985, at 8:00 P.M. A memorandum from Joseph Zeneski, DPW Director, to Joseph Mannarino, Planning Director, concerning the Site Plan review for Madan Realty Trust - an oil storage facility on Warren Avenue and Winthrop Street. A memorandum from Joseph Mannarino, Planning Director, to The Planning Board concerning the Site Plan review for and oil storage facility on Warren and Winthrop Street. A notice from the Attleboro Planning Board. A hearing will be held on Tuesday, July 16, 1985, at 8:30 P.M. A memorandum from Edward A. Sliney, Jr., Fire Chief, to Joseph Mannarino, Planning Director, concerning the review of subdivision plans for Plymouth Street modification plan, Camelot Estates Definitive Subdivision Plan and Fox Street Subdivision. ,Planning Board's Minutes July 2, 1985 Page 6 A copy of a letter from Edward J. Tartufo, Chairman of the Mansfield Board of Health, to Mr. Horace Wilder concerning a stump dump. A copy of the Building Construction for the month of June, 1985. 9. Mansfield Manor Estates The Planning Board received a letter from Angelo Pasqualino requesting an ex- tension of three (3) weeks for the Planning Board's decision on the definitive plan of "Mansfield Manor Estates". Motion: To accept this extension request of three (3) weeks until July 26, 1985. (Doucette - Flynn - All in favor) 10. Around the Table Planning Director Mannarino stated that the Planning Board should conduct a site walk on Mr. Richard Staples' property at 100 Jewell Street regarding his request for a surplus material removal permit; Planning Director Mannarino stated that he will speak with Mr. Staples to arrange a time for this walk. Chairman Brugliera stated that he has spoken with Joan Cutillo, Acting Town Manager, concerning hiring Planning Director Mannarino on a consulting basis and Mrs. Cutillo stated that this can be accomplished as long as the Planning Board stays within its budget; he also stated that an advertisement is being printed in the paper this week to hire a new Planning Director. Planning Di- rector Mannarino stated that he would like to draw something up concerning his duties when hired on a consultant basis. Clerk Doucette asked Planning Director Mannarino what the Bylaw considers a condominium, one family or multi -family. Planning Director Mannarino replied that condominium only means ownership and that it would depend what zone it was in as to if it was considered a multi -family or single-family. The number of units is the only thing that zoning get involved with concerning condo- miniums. 11. Public Discussion No comment at this time. 12. Date of Next Meeting is Wednesday, July 10, 1985, at 7:30 P.M. 13. Meeting adjourned at 8:45 P.M. LERK /1 J DATE