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HomeMy WebLinkAboutPlanning 08/07/1985PLANNING BOARD'S AGENDA AUGUST 7, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of July 31, 1985 3. Review of Eight (8) Variance applications 4. Review Environmental Impact Study findings 5. Review the following pending subdivision plans: o "Golden Hill Homes" definitive subdivision plan — 7 lots off Franklin Street (deadline August 15, 1985) o "Highland Avenue Extension" definitive subdivision plan — 12 lots off Highland Avenue (deadline August 15, 1985) o "Hidden Estates" definitive subdivision plan — 8 lots off Brown Avenue (deadline August 19, 1985) 6. Around the Table 7. Public Discussion 8. Date of Next Meeting 9. Adjournment PENDING BUSINESS Subdivisions (deadline on Planning Board decisions) o "Golden Hill Homes" - August 15, 1985 o "Highland Avenue Extension" - August 19, 1985 o "Hidden Estates" - August 19, 1985 o "Massapoag Estates" - August 23, 1985 o "Green Acres" - August 26, 1985 o "Westhaver Farms" - September 1, 1985 o "Fuller Estates" - September 1, 1985 o "Austin Farms" - September 1, 1985 Other Business o Foxboro Terminals - Special Permit - October 8, 1985 PLANNING BOARD'S MINUTES AUGUST 7, 1985 Present: Acting Chairman Doucette, Acting Clerk Bachman Planners: Genatossio*, Flynn, Boldrighini and Fiore 1. Meeting called to order at 7:30 P.M. 2. Motion,, To have Planner Bachman be Acting Clerk. (Flynn - Boldrighini - All in favor) 3. Correspondence A copy of the Planning Board's Agenda for August 7, 1985. F A copy of the Planning Board's pending business list. A letter from David E. Grant, Cabot, Cabot & Forbes, to the Mansfield Planning Board, requesting a bond reduction for the Norfolk Street Extension. A letter from Joseph Mannarino, Planning Consultant, to Joseph D. Brugliera, Chairman of the Mansfield Planning Board, regarding the critique of the Fay, Spofford & Thorndike Inc., EIS supplement. A letter from Joseph S. Mannarino, Planning Consultant, to Mr. Joseph D. Brugliera, Chairman of the Mansfield Planning Board, regarding the "Golden Hill Homes" defin- itive subdivision plan off Franklin Street. A letter from Joseph S. Mannarino, Planning Consultant, to Mr. Joseph D. Brugliera, Chairman of the Mansfield Planning Board, regarding an hourly breakdown for the week of July 30, 1985, of Mr. Mannarino's planning consultation. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk, regarding the Planning Board's decision on "Vankoert Farms" definitive subdivision plan. A copy of a letter from Ronald Doucette, Acting Chairman, to Mr. Steven F. Wright, Loan Officer and Assistant Treasurer of the Mansfield Co -Operative Bank, regarding an extended deadline for the completion of the drain line construction for Essex and Ware Streets from August 1, 1985, until September 15, 1985. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. William Canaday, Hidden Lane Realty Trust, suggesting that Mr. Canaday request an extension of time for the Planning Board's decision for the "Hidden Estates" definitive subdivision plan. Planning Board's Minutes August 7, 1985 Page 2 A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mrs. Judith F. Scott, Town Clerk, regarding the Planning Board's deci- sion on the "Maplewood Estates Phase II" preliminary subdivision plan. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Aldo Paglia, 444 Washington Street, regarding the Granada Park Subdivision. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Donald A. Baker, 2 Liberty Street, regarding the performance guarantee for Maplewood Estates. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Douglas King, Douglas A. King Builders, Inc., concerning the Canoe River Estates Subdivision. A letter from Karen M. Galanti, 329 Franklin Street, to the Mansfield Planning Board, regarding a special meeting which will be held on August 13, 1985, at 7:30 P.M. at the Town Hall. A letter from Clinical Science Laboratory, Inc., to the Mansfield Planning Board regarding the Foxboro Terminals Project. A letter from Michael A. Trowbridge, RIM Engineering Company, to Mr. Joseph Mannarino, Planning Consultant, regarding the "Golden Hill Homes" definitive sub- division plan. A copy of a letter from Joseph M. Zeneski, DPW Director, to Joseph D. Brugliera, President of the Brugliera Construction Company, regarding the drainage outfall pipe on Essex and Ware Street. A memorandum from Joseph Zeneski, DPW Director, to the Mansfield Planning Board regarding the partial release of securities from the Riverside Drive Subdivision and the Riverside Drive Extension. A copy of a letter from Richard P. D'Onofrio, Chairman of the Board of Selectmen, to Mr. David Petri, Foxboro Terminals Company, Inc., requesting Mr. Petri to attend the Selectmen's meeting on Wednesday, August 21, 1985, to discuss this proposal. A memorandum from Joseph Zeneski, DPW Director, to the Mansfield Planning Board regarding the "Golden Hill Homes" definitive subdivision plan. A memorandum from John Dunn to various department heads regarding the Five -Year Planning Committee July 15, 1985, minutes. An Environmental Notification Form from James M. Dunn, P.E., regarding Underground Camera, Inc. A memorandum from the Board of Selectmen to the Mansfield Planning Board regarding the Foxboro Terminals Traffic Flow. A pamphlet from the Public Manager's Notebook Institute for Governmental Services to the Mansfield Planning Board. An order form from the Conference on Alternative State and Local Policies to the Mansfield Planning Board. Planning Board's Minutes August 7, 1985 Page 3 A copy of The Beacon for July/August 1985. A guide to Managing Truck Traffic on Local Streets from the Southeastern Regional Planning and Economic Development District to the Mansfield Planning Board. Copies of notices of public hearings from the Mansfield Zoning Board of Appeals. The following hearings will be held on August 20, 1985: Richard Seskevich - for a special permit to construct an addition at 165 South Main Street, said addition being an expansion of a pre-existing non -conforming lot in a Residence B Zone. Ronald Nelson - for a special permit to construct an addition to an existing single family dwelling at 15 Branch Street, said addition being an expansion of a pre-existing non -conforming structure on a non -conforming lot in a Residence B Zone. Robert & Janice Leppke - for a variance for - the construction of an addition to an existing single family dwelling at 62 Tanya Drive, said addition having less than a 25 foot sideyard which is non -conforming in an Agricultural Zone. Charles E. Mueller - For a lot on Mill Street having less than 120 foot frontage and to construct a house with less than 25 foot sideyards, both of which are non- conforming in an Agricultural Zone. Howard H. & Elsie M. Amidon for a variance to divide a lot at 140 South Main Street to create two substandard lots, which is non -conforming in Residence A and B Zones. Sun Refining & Marketing for a variance for a lot on Copeland Drive with a proposed structure having less than 25 foot front yards, which are non -conforming in a General Business Zone. Peter G. and Jodelle G. Blaestra for a special permit to construct an addition to an existing single fmaily dwelling at 3 Swett Street, said structure having existing frontage less than 30 feet, which is non -conforming in a Residence C Zone. Raymond & Alix Giannini for a variance for a lot at One Granada Circle said lot having an existing structure with a sideyard less than 15 feet which is non- conforming in a Residence A Zone. A statement of facts from the Mansfield Zoning Board of Appeals on the application of Lewis Gambale. This application was granted. A statement of facts from the Mansfield Zoning Board of Appeals on the application of John P. and Irene R. Hyde. This application was denied. A statement of facts from the Mansfield Zoning Board of Appeals on the application of Gretchen Elliott. This application was denied. A statement of facts from the Mansfield Zoning Board of Appeals on the application of Jetta Whittington. This application was denied. A statement of facts from the Mansfield Zoning Board of Appeals on the application of John R. Dyment, Jr. This application was granted. A statement of facts from the Mansfield Zoning Board of Appeals on the application of Hatheway and Patterson Co., Inc. This application was granted. Planning Board's Minutes August 7, 1985 Page 4 A statement of facts from the Mansfield Zoning Board of Appeals on the application of Joan M. Doherty. This application was granted. A legal notice of hearing from the Town of Sharon Board of Appeals will be held on August 8, 1985, at 7:30 P.M. A legal notice of hearing from the Town of Foxboro Board of Appeals will be held on Wednesday, August 21, 1985, at 7:30 P.M. A legal notice of hearing from the City of Attleboro Planning Board will be held on Tuesday, August 20, 1985, at 8:30 P.M. A copy of the Planning Board's Minutes for July 31, 1985. 3. Minutes of July 31, 1985 Motion: To approve the Minutes of July 31, 1985. (Genatossio - Flynn - All in favor) 4. Plannin¢ Consultant's Hours for the week of Julv 30, 1985. A hearing A hearing Hearings Motion: To approve the submittal of a voucher for the Planning Consultant's hours for the week of July 30, 1985. (Flynn - Boldrighini - All in favor) 5. Norfolk Street -Extension - request for ;a x eduction of the bond. The Planning Board received a letter from David E. Grant, Cabot, Cabot & Forbes, requesting a reduction of the bond for the Norfolk Street Extension. This work must be inspected. Motion: To send a letter to the Town Manager stating that the Planning Board has received a request for the reduction of the bond for the Norfolk Street Extension and would like this work inspected by the Town Engineer who will advise the Board of the conditions on this street. (Genatossio - Flynn - All in favor) 6. Fuller Estates Definitive Subdivision Dlan - Mr. Andy Barr, Chairman of the Mansfield Historical Commission, stated that the Commission had received a memorandum from Joseph Mannarino, Planning Consultant, inquiring about the historical significance of Mrs. Allen's old farmhouse on Franklin Street. The Commission has inspected this house and it does have hist- orical significance and they would like to see the house remain where it presently stands. 7. Variance Application Requests Charles E. Mueller This variance request is for a lot on Mill Street, said lot having less than 120 feet frontage, and to construct a house with less than 25 foot sideyards, both of which are non -conforming in an Agricultural Zone. The proposed use is for a single family dwelling, 52 feet by 24 feet. The grounds for a variance is that the lot was created in 1948 prior to zoning in the Town of Mansfield. The configuration of the lot makes it necessary for the sideyard variance. The house would be set 195± feet away fromthe street and would have little impact on the surrounding area. Planning Boards Minutes August 7, 1985 Page 5 This is in an Agricultural Zone. The Board had concerns over how it was deter- mined that this lot was in existence prior to zoning. Planner Fiore stated that it is supposed to be stated on the plan, but it is not. He stated that the exist- ence of this lot before zoning would only affect the frontage on this property, it would not affect the sidelines; he stated that the applicant could build a smaller house and, therefore, would not have to request a variance for the side- lines. Motion: To send a negative recommendation to the Zoning Board of Appeals due to the following reasons: 1. Frontage - it is not indicated on the plan whether this lot existed prior to zoning. 2. Side yard - There is no hardship running with the land - the applicant can build a smaller house which would not require the sideyard variance. (Fiore - Flynn - Genatossio - Doucette - Bachman) (Boldrighini opposed to this motion.) Howard H. and Elsie M. Amidon This variance request is for a variance to divide a lot at 140 South Main Street to create two substandard lots. Lot A having an area of 5,500 square feet, lot B having an area of 7,700 square feet. The existing house situated on lot B having less than the required front yard set backs and the proposed house on lot A having a front yard less than 30 feet and a rear yard of less than 40 feet all of which are non -conforming in Residence A and B Zones. The existing building is 33 feet by 25 feet which is used as a single family dwelling. The proposed building would be 40 feet by 24 feet which would also be used as a single family dwelling; this lot would have 100 feet frontage and 5,500 square feet of area. The grounds for a variance is that the applicant seeks to create a new building lot which will not be dissimilar to other lots in the immediate area. The petitioners have owned the lot for 24 years. The responsibility of the upkeep of the lot has become excessive and is both physically and economically a hardship. The Board felt that a lot this small would derogate from the intent of the Zoning Bylaw. Motion: To send a negative recommendation to the Zoning Board of Appeals because there is no hardship shown, 15,000 square feet is what is required under the Zoning Bylaw and if this variance request was granted it would be creating a substantial substandard lot. (Genatossio - Flynn - All in favor) Sun Refining and Marketing This variance request is for a lot on Copeland Drive, for a proposed structure having less than 25 foot front yards, which are non -conforming in a General Business Zone. There is an existing 50 foot by 20 foot building on this lot which is used for auto repairs and the sale of motor vehicle fuels at retail. The extent of the pro- posed alterations would be to remove the existing building and construct a mini -mart convenience store, which would be 12 feet by 40 feet, and a canopy, which would be 30 feet by 96 feet, covering pumps and mini -mart. These uses are allowed in this zone, the hardship on this land runs with the pie -shaped lot and the fact that set- back requirements have to be met on both streets because the lot is a corner lot. The Board was concerned with the canopy and how far it would be from the lot line, since there was no plot plan with this application, the Board felt that they could not make a positive recommendation due to lack of information. Motion: To send a negative recommendation to the Zoning Board of Appeals due to the lack of a plot plan for the Planning Board to examine with the application. (Genatossio - Fiore - All in favor) Planning Board's Minutes August 7, 1985 Page 6 Peter G. and Jodelle G. Blaestra This variance is for a Special Permit to construct an addition to an existing single family dwelling at 3 Swett Street, said structure having existing frontage less than 30 feet, which is non -conforming in a Residence C Zone. The size of the existing building is 30 feet by 30 feet which is used for a single family dwelling. The proposed building is a 10 foot by 12 foot addition to be used as a laundry room. This is a presently existing non -conforming use. The addition is going to be built off the rear of the house, so it will not be making this lot any more non -conforming. Motion: To send a positive recommendation to the Zoning Board of Appeals because this is a presently existing non -conforming lot which will not be made any more non -conforming if this variance is granted. (Genatossio - Fiore - All in favor) Raymond and Alix Giannini This request is for a variance for a lot at One Granada Circle, said lot having an existing structure with a sideyard less than 15 feet which is non -conforming in a Residence A Zone. A 24 foot by 32 foot garage was added on in August 1983 to the present structure, leaving a sideline of 13$ feet instead of the necessary 15 feet. The present owner discovered this when the new plot planwas done for the sale of the property in June. Motion: To send a positive recommendation to the Zoning Board of Appeals based on the facts presented at the Planning Board's meeting. (Genatossio - Fiore - All in favor) Robert & Janice Leppke This variance is for the construction of an addition to an existing single family dwelling, said addition having less than a 25 foot sideyard which is non -conforming in an Agricultural Zone. The present building is a 36 foot by 24 foot foundation with a two (2) foot overhang on the second floor which is used as a single family dwelling. The proposed alterations would be a 25 foot 11 inches by 27 foot addi- tion which would be 18 feet from the side property line on one side and 16 feet from the property line on the other side, this addition would be used for a garage. The grounds for a variance is that the garage cannot be built closer to the house because of the existing side entrance and stairway. The Board felt that the applicant is creating his own hardship because he could build smaller addition which would conform to the Zoning Bylaw. Motion: To send a negative recommendation to the Zoning Board of Appeals because this derogates from the intent of the Zoning Bylaw especially the Agricultural Zone requirements; the Board feels that this addition could be designed so that it will be in conformance with the Zoning Bylaw. (Flynn - Fiore - Genatossio - Doucette - Bachman) (Boldrighini was opposed to this motion.) Ronald Nelson This Special Permit is to construct an addition to an existing single family dwelling, said addition being an expansion of a pre-existing non -conforming struc- ture on a non -conforming lot in a Residence B Zone. The size of the existing building is 26 feet by 28 feet which is a single family home. The extent of the proposed alterations is an 11 foot by 8 foot bathroom which is to be off the back of the house and it is not to extend past the present side of existing house. Planning Board's Minutes August 7, 1985 Page 7 This is already a non -conforming use and this addition would not make this lot any more non -conforming. Motion: To send a favorable recommendation to the Zoning Board of Appeals based on the facts presented at the Planning Board's meeting. (Genatossio - Fiore - Flynn - Doucette - Boldrighini) (Bachman was opposed to this motion.) Richard Seskevich This Special Permit is to construct an addition, said addition being an expansion of a pre-existing non -conforming lot in a Residence B Zone. The size of the existing building is 1,071 square feet for the house and the barn which is used as a single family dwelling. The size of the proposed building is 24 square feet which is to be a storage room extension with a dormer above. The extension of the current storage room will allow for the base of a second floor dormer which will allow a 35% increase in usable space of the barn's second floor. This pro- posed extension will add to the property's appearance together with current ex- terior renovations underway. This lot is already non -conforming and will not be made any more non -conforming with the granting of this variance. Motion: To send a positive recommendation to the Zoning Board of Appeals based on the facts presented at the Planning Board's meeting. (Boldrighini - Flynn - All in favor) 8. "Golden Hill Homes" definitive subdivision plan - 7 lots off Franklin Street Michael Trowbridge, RIM Engineering, has submitted revised plans to the Board which have been reviewed by both the DPW Director and the Planning Consultant. All the comments from the various department heads have been addressed and there appears to be no further problems with the plan. The applicant has asked for a waiver of the pavement width - he would like the width to be 25 feet instead of the 30 foot requirement due to the fact that this project is within the Aquifer Protection District; both the DPW Director and the Planning Director approve of this waiver. Planner Flynn stated that she does not believe that a five (5) foot waiver will make that much of a difference to the aquifer. Joseph Zeneski, DPW Director, stated that in one subdivision five (5) feet does not sound like it would make much of a difference, but when you consider the impact of all these proposed subdivisions which are in the Water Protection District and you waive the 30 foot requirement in all these subdivision, there will be a big difference in the amount of run-off in this area. Planners Bachman and Fiore did not agree with this waiver stating that the subdivisions should be approved according to the Subdivision Regulations and the Board should not start granting waivers. Other members of the Board agreed that the impact of waiving the 30 foot pavement requirement in all subdivisions in the Aquifer Protection District would reduce the run-off and would be better for the aquifer. Motion: To approve the definitive subdivision plan of "Golden Hill Homes" including the waiver for the 25 -foot roadway pavement due to the fact that this subdivision is within the Aquifer Protection District. (Boldrighini - Doucette - Genatossio - Flynn) (Fiore and Bachman opposed to granting the waiver for the pavement width.) 9. "Highland Avenue Extension" definitive subdivision plan - 12 lots off Highland Avenue Mr. Paul Folkman approached the Board and stated that all the comments which were made from the various department heads are on the plan. The Board and the DPW Director reviewed the plans and they conform to all the comments which were made Planning Board's Minutes August 7, 1985 Page 8 from the department heads and everything seems to be in order. Mr. Folkman stated that he would like a statement placed in the breakdown of the bond estimate stating that The Folkman Company will place the sidewalks on Highland Avenue, the location of which is to be determined by the Town of Mansfield; the Town will also take care of all the easements and legal work which may occur. The Board had no problem with this request. Motion: To approve the plans for the "Highland Avenue Extension" definitive subdivision plan. (Boldrighini - Flynn - All in favor) 10. "Hidden Estates" definitive subdivision plan - 8 lots off Brown Avenue Michael Trowbridge, RIM Engineering, stated that a date has been set up for the DPW Director to witness the test holes on this property. A letter was sent to the applicant stating that the deadline for the decision on this subdivision is August 19, 1985, and the applicant should request an extension of time for the Planning Board's decision on this subdivision; the Board has not received an extension request and revised plans have not been submitted. Mr. Trowbridge stated that the plans have been revised according to the department head comments, but have not been submitted to the Board yet. The Board informed Mr. Trowbridge that they have to vote on the plan that is currently submitted, and when all the reasons for the denial have been addressed, the Board can review the revised plan. Motion: To deny the plans for "Hidden Estates" definitive subdivision plan due to the lack of information, specifically the comments from the Planning Consultant as stated in his memorandum of July 30, 1985, and other comments pertaining to this subdivision plan which were received from the various department heads of the Town of Mansfield. (Genatossio - Fiore - All in favor) 11. Around the Table Planner Boldrighini stated that the Board should have a workshop to review the findings of the Environmental Impact Statement. Joseph Zeneski, DPW Director, stated that the Board should review the Subdivision Regulations at the same time they are reviewing the Environmental Impact Statement. The Board decided to meet on Saturday, August 10, 1985, at 9:00 A.M. to discuss the Subdivision Regulations and the Environmental Impact Statment. Planner Fiore stated that the Planning Board should decide what to do about the letter which was received from Clinical Science Laboratory, Inc., and also the memorandum from the Board of Selectmen concerning the Foxboro Terminals proposal. Motion: To discuss this matter on Saturday, August 11, 1985, at the workshop. (Fiore - Boldrighini - All in favor) planning Board's Minutes August 7, 1985 Page 9 12. Public Discussion Ted Mahoney approached the Board and stated that he has a concern regarding the fact that a resident of Mansfield received a copy of a memorandum stating that the request for a bond release for Maplewood Estates I has been denied; he wanted to know why a resident received a copy and he did not receive a copy since he was the person who had requested the extension. Joseph Zeneski, DPW Director, stated that the memorandum which Mr. Mahoney is speaking of was a memorandum sent to the Planning Board from the DPW and that any of that inform- ation is public record. Mr. Zeneski stated that Mr. Mahoney should contact him to discuss the reasons that this bond was denied. Ted Mahoney also stated that the applicant of Maplewood Estates Phase II did not know that the Planning Board was going to be discussing this plan last week, so he did not bring in the revised plans for this subdivision. He stated that the engineer of this plan has talked to Mr. Zeneski, DPW Director, and that they are now sumitting a revised plan to the Planning Board based on the comments in the denial letter. They would like the Board to reconsider their denial of last week and review the revised plan. *Acting Clerk Bachman will be Temporary Acting Chairman due to the fact that Acting Chairman Doucette must be the one to make the reconsideration motion because he had made the original denial motion. Motion: To reconsider the vote of the Planning Board made last week to deny E the plans for "Maplewood Estates Phase II" preliminary subdivision based on the information which was submitted tonight. (Doucette - Boldrighini - All in favor) All the comments which were in the denial letter sent to the applicant have been incorporated on the revised plan. The DPW Director and the Planning Board re- viewed these plans and are satisfied with the revisions. Motion: To approve the plans for the "Maplewood Estates Phase II" preliminary subdivision plan. (Boldrighini - Doucette - All in favor) 13. Date of Next Meeting is Saturday, August 11, 1985, at 9:00 A.M. 14. Meeting adjourned at 10:45 P.M. DATE