HomeMy WebLinkAboutPlanning 09/25/1985PRELIMINARY AGENDA
September 25, 1985:
o Public Hearing - "Hallett Crossing" subdivision
o "Jason Lane" preliminary subdivision
o Bond Estimate for Highland Avenue
o Site Plan - office building on South Main Street
o Other
October 2, 1985:
o "Massapoag Estates" preliminary subdivision plan
o "Hallett Crossing" definitive subdivision plan
o Other
PLANNING BOARD'S
AGENDA
SEPTEMBER 25, 1985
1. Meeting called to order at 7:30 P.M.
2. Clerk's Report
a. Correspondence
b. Minutes of September 11, 1985
Minutes of September 18, 1985
3. "Form A" plans
4. Review performance guarantee - "Highland Avenue Extension" subdivision
5. 8:00 P.M. - Public Hearing - "Hallett Crossing" definitive subdivision
i
t
6. Review performance guarantee - Canoe River Estates subdivision - off Ware Street
7. 9:00 P.M. - Foxboro Terminals Special Permit - off Francis Avenue
8. Around the Table
9. Public Discussion
10. Date of Next Meeting
11. Adjournment
PENDING BUSINESS
Subdivisions (deadline on Planning Board decisions)
o "Austin Farms" definitive subdivision plan - off Winter Street - October 18, 1985
Voting Members - Brugliera, Doucette, Genatossio, Flynn, Bachman and Fiore
o "Massapoag Estates" preliminary subdivision plan - off Maple Street -
October 12, 1985
o "Hallett Crossing" definitive subdivision plan - off Fruit Street -
October 26, 1985
o "Jason Lane" preliminary subdivision plan - off East Street - November 5, 1985
Other
o Foxboro Terminals - Special Permit - October 8, 1985
o Cabot Pond Restoration Project - October 15, 1985
PRELIMINARY AGENDAS
October 2, 1985
o "Austin Farms" definitive subdivision plan
o "Hallett Crossing" definitive subdivision plan
o "Jason Lane" preliminary subdivision plan
o Site Plan - Copeland Drive
o Other
October 9, 1985
o "Massapoag Estates" preliminary subdivision plan
o "Canoe River Estates" definitive subdivision plan
o Other
PLANNING BOARD'S
MINUTES
SEPTEMBER 25 1985
Present: Chairman Brugliera, Clerk Doucette
Planners: Genatossio*, Fiore*, Flynn, Boldrighini and Bachman
1. Meeting called to order at 7:30 P.M.
2. Correspondence
A letter from Joseph S. Mannarino, Planning Consultant, to Mr. Joseph D.
Brugliera, Chairman of the Mansfield Planning Board, regarding the review
of "Foxboro Terminals" Special Permit.
An Earth Removal Application from Harrington & Matto Company, Inc, to remove
surplus material at Chambers Court Subdivision on West Street.
A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning
Board, to Mr. Steven Wright, Treasurer of the Harrington & Matto Company, Inc.,
regarding the request of Harrington & Matto Company, Inc., to remove surplus
material from Chambers Court Subdivision on West Street.
A copy of a notice of hearing on the application of Anderson -Nichols & Co.,
Inc., for the installation of signs on a proposed building located at 111
Plymouth Street, said signs being more and larger than allowed in an Industrial
Zone.
A letter from Karn Galanti, 329 Franklin Street, to the members of the Planning
Board requesting that the Board schedule a public hearing as soon as possible
on the article to increase lot sizes in a Water Protection District.
A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning
Board, to Mr. Rande Wilson, stating that the Planning Board would like Joseph
Zeneski, DPW Director, to review a revised plan which the Board received for the
Site Plan of Foxboro Terminals.
A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning
Board, to Mr. Richard D'Onofrio, Chairman of the Mansfield Board of Selectmen,
stating that the Planning Board would like Joseph Zeneski, DPW Director, to be
hired as a consultant due to the fact that a new DPW Director and Town Engineer
has not been hired as yet.
A memorandum from Joseph S. Mannarino, Planning Consultant, to the Mansfield
Planning Board regarding the recommended performance guarantee for Highland
Avenue Subdivision.
Planning Board's Minutes
September 25, 1985
Page 2
j A letter from Joseph S. Mannarino, Planning Consultant, to Mr. Joseph D.
Brugliera, Chairman, concerning his planning consultation hourly breakdown
for the week of September 15, 1985.
A letter from Donald A. Baker, Trustee of Maple Street Mansfield Realty Trust,
to the Mansfield Planning Board requesting a 100% bond reduction be granted for
Langley Drive and Hartford Road.
A letter from Edmund McAdam, Chairman of the Easton Planning & Zoning Board, to
the Mansfield Planning Board requesting a meeting with the Mansfield Planning
Board to discuss the proposed subdivision "Massapoag Estates".
A request for an extension from Ronald Bonvie, The Bonwood Company, until
October 18, 1985, for "Massapoag Estates".
An Order of Conditions from the Mansfield Conservation Commission concerning
Highland Avenue Extension.
An Order of Conditions from the Mansfield Conservation Commission concerning
County Street Right-of-way at Rumford River.
An Order of Conditions from the Mansfield Conservation Commission concerning
the project owned by the Walmark Corporation on Franklin Street.
An Order of Conditions from the Mansfield Conservation Commission concerning
the project owned by Ronald S. Bonvie Corporation at Lot 3A Ware Street.
An Order of Conditions from the Mansfield Conservation Commission concerning
the project owned by Pasco Construction Corporation on Fruit Street.
An Order of Conditions from the Mansfield Conservation Commission concerning
the project owned by Golden Hill Homes on Franklin Street.
An Order of Conditions from the Mansfield Conservation Commission concerning
the project owned by Edward Broderick on Tremont Street.
An Order of Conditions from the Mansfield Conservation Commission concerning
the project owned by Home Developers Inc. on Maple Street.
A letter from James M. Dunn, Dunn Engineering, to the Mansfield Planning Board
requesting that the pavement width of Goward Drive be reduced from 30 feet to
25 feet.
A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning
Board, concerning the determination requested by Mr. Donald Ploof regarding the
effects of his business, Baystate Energy Service, Inc., relocating from Mans-
field to Taunton.
A copy of the Planning Board's Minutes from September 11, 1985.
A copy of the Planning Board's Minutes from September 18, 1985.
A copy of the Planning Board's Pending Business list.
A copy of the Planning Board's Agenda for September 25, 1985.
A copy of the Planning Board's Preliminary Agendas for October 2, 1985, and
October 9, 1985.
Planning Board's Minutes
September 25, 1985
Page 3
A memorandum from the Mansfield Conservation Commission to the Planning Board
concerning the fence being required around the proposed detention pond for the
Camelot at Mansfield subdivision.
A copy of a legal notice for a variance request on the application of Henry F.
Piasecki for a Special Permit for an existing structure at 635 North Main Street
having less than a 15 foot sideyard and also a variance for an addition to the
existing structure, said addition having a proposed rear yard less than 40 feet,
all of which are non -conforming in a Residence C Zone.
A copy of a legal notice of hearing from the Town of Sharon Zoning Board of
Appeals. A hearing will be held on October 3, 1985, at 8:00 P.M.
A copy of a legal notice of hearing from the Town of Sharon Zoning Board of
Appeals. A hearing will be held on October 3, 1985, at 7:30 P.M.
A copy of a legal notice of hearing from the Town of North Attleboro Planning
Board. A hearing will be held on Thursday, October 3, 1985, at 8:30 P.M.
A copy of a legal notice of hearing from the Town of North Attleboro Planning
Board. A hearing will be held on Thursday, October 3, 1985, at 7:30 P.M.
A pamphlet from EIP/Northeast concerning Metro Boston Special Grants.
A pamphlet from the Civic Education Foundation to the Mansfield Planning Board
regarding a conference on career change.
A pamphlet from the Downtown Research & Development Center concerning ordering
the Downtown Idea Exchange newsletter for one full year.
A pamphlet from the Center for Urban Policy Research, Fall, 1985, concerning
housing.
The Zoning News for August, 1985.
A booklet from the American Planning Association for September, 1985.
3. Minutes of September 11, 1985
Motion: To approve the Minutes of September 11, 1985.
(Flynn - Bachman - All in favor)
Minutes of September 18, 1985
Motion: To approve the Minutes of September 18, 1985, as amended.
(Flynn - Boldrighini - All in favor)
Planner Flynn stated that on Page 3, under the discussion of Foxboro Terminals,
the motion should read "To deny the request for a sixty (60) day extension re-
quested by Garrett Spillane, attorney for Foxboro Terminals, Inc." instead of
"To deny the request for a sixy (60) day extension received by Garrett Spillane,
attorney for Foxboro Terminals, Inc." This shall be amended.
Planner Flynn also stated that on Page 7, under Public Discussion, it should be
noted that when the Board was discussing Mr. Ploof's request for a determination
on his property, the Board decided to write a letter stating the facts so that
Mr. Ploof could relocate his property. It shall be noted.
Planning Board's Minutes
September 25, 1985
Page 4
4. Maple Street Mansfield Realty Trust - Hartford Road and Langley Drive
The Board received a letter from Donald A. Baker, Trustee of Maple Street
Mansfield Realty Trust, requesting that 100% bond reduction be granted for
Langley Drive and Hartford Road. Joseph Zeneski, DPW Director, stated that
he has inspected this work, everything seems to be in order and he will get
a memorandum to the Planning Board stating this fact. The Board explained
to Mr. Baker that they can only release 90% of the bond because the 10%
contingency still must be held.
Motion: To release 90% of the bond being held for Langley Drive and
Hartford Road contingent upon the memorandum being received
from Joseph Zeneski, DPW Director.
(Doucette - Boldrighini - All in favor)
5. Planning Consultant's hourly breakdown
The Planning Board received a letter from Joseph S. Mannarino, Planning Con-
sultant, regarding his planning consultation hourly breakdown for the week
of September 15, 1985, the total of which is 14 hours.
Motion: To pay Joseph S. Mannarino, Planning Consultant, for the 14
hours worked for the week of September 15, 1985.
(Fiore - Boldrighini - All in favor)
6. Joint Meeting between Easton and Mansfield to discuss "Massapoag Estates"
The Planning Board received a letter from the Easton Planning and Zoning Board
requesting a meeting with the Mansfield Planning Board to discuss the proposed
subdivision entitled "Massapoag Estates" due to the fact that there are concerns
of Easton residents regarding the preliminary subdivision plan and the Environ-
mental Impact Statement.
Motion: To schedule a meeting between the Easton Planning and Zoning Board
and the Mansfield Planning Board on October 9, 1985, at 7:30 P.M.
to discuss "Massapoag Estates" and to send a letter to the Easton
Planning and Zoning Board informing them of the date.
(Doucette - Fiore - All in favor)
7. "Massapoag Estates" preliminary subdivision plan
The Board received a request from Ronald S. Bonvie, The Bonwood Corporation,
for an extension of time for the Planning Board to act on the "Massapoag Estates"
preliminary subdivision plan until October 18, 1985.
Motion: To accept the request received from Ronald S. Bonvie, The Bonwood
Corporation, for an extension of time for the Planning Board to
act on the "Massapoag Estates" preliminary subdivision plan until
October 18, 1985.
(Fiore - Bachman - All in favor)
Planner Genatossio stated that she would like this plan on the agenda next week
in order that the Board may review it.
8. Water Protection District - Petition
The Planning Board received a petition for insertion in the Warrant of the next
Town Meeting to see if the Town will vote to amend the Zoning Bylaws by adding
to Section III. K., paragraph 5, "Residential lots int he Water Protection Dis-
strict shall measure a minimum of 60,000 square feet of land, 50,000 square feet
Planning Board's Minutes
September 26, 1985
Page 5
of which is not considered as poorly or very poorly drained soil, described
in Section V -I of the Zoning Bylaw, and shall have a minimum frontage of two
hundred feet (200 feet)." The Planning Board must hold a public hearing on
this petition and make their recommendation to the Town Meeting.
Motion: To hold the public hearing for the petition regarding the "Water
Protection District" on Wednesday, October 23, 1985, at 8:00 P.M.
(Doucette - Fiore - All in favor)
9. Wedgewood Estates - request for a waiver
*Chairman Brugliera left the meeting before this discussion began.
*Planner Fiore to be Temporary Acting Clerk.
The Planning Board received a letter from James M. Dunn, Dunn Engineering,
requesting that the Board allow the pavement width of 30 feet on Coward Drive
be reduced to 25 feet due to the following facts:
1. The road is located in a Water Supply Protection District and the
reducing the amount of impervious surface will allow greater retention
of water to recharge the groundwater.
2. Reduction in the amount of impervious surface will produce less storm
water runoff in the proposed Ware Street drain and eventually a reduc-
tion in the peak flows of the Canoe River.
Planner Genatossio felt that the waiver of the roadway pavement should have been
requested at the time when the public hearing was being considered and she stated
that if the Board grants this waiver, they will be being inconsistent; Planner
Bachman also felt that there was no reason to grant this waiver because it is
not in the Subdivision Regulations.
Motion: To deny the request for a waiver fo the roadway pavement width
to reduce it from 30 feet to 25 feet.
(Genatossio - Bachman - Flynn - Boldrighini)
(Fiore abstained from voting)
*Chairman Brugliera re-entered the room.
10. 8:00 P.M. - Public Hearing - "Hallett Crossing" definitive subdivision plan
The public hearing for "Hallett Crossing" definitive subdivision plan off Fruit
Street began at 8:00 P.M. The hearing was closed at 8:40 P.M. A copy of the
transcript is available in the Planning Department office.
11. 9:00 P.M. - Foxboro Terminals Special Permit - off Frncis Avenue
Clerk Doucette read the Planning Consultant's comments on this revised plan
whcih was submitted on September 18, 1985. Gerald Katz, Attorney, stated that,
according to law, since the public hearing was closed on July 10, 1985, there
may be a problem with the Board reviewing any information which was received
after that date; he suggested that the Board may wish to talk to their counsel
about it. Mr. Merrikin, Engineer, stated that he has submitted a revised plan
to the Board and he would like to review it; he stated that he has tried to
address all the comments that relate to the plan with exception of the comments
regarding the Environemtnal Impact Study, which he is still working on at the
moment. He stated that there is a noise study being conducted by Dr. Jerome
Carr, Environmental Consultant. Planner Fiore stated that Mr. Merrikin came
Planning Board's Minutes
September 26, 1985
Page 6
to the meeting tonight prepared to discuss the plan, but then informs the Board
that they cannot request any further information once the public hearing is
closed. Mr. Merrikin stated that he did not know of this law until after he
has submitted the revised plans, so the plans were prepared according to the
Board's requests, but he stated that the Board should have the opportunity to
speak with their counsel in order to avoid any technical problems on this
matter. Planner Flynn stated that although many of the issues have been addressed,
this information is not available to the public and she feels that the Board
should vote on this plan based on the information that was submitted at the public
hearing. Planner Fiore stated that he believes the Board should wait and vote on
this plan next week which would be in the best interest of the Board and the appli-
cant. Chairman Brugliera stated that the Board will discuss this plan next week,
but must discuss only the original submission. The Board will also check with
their counsel on this matter.
12. "Form A" plans
Madan - Winthrop Street
The applicant of this "Form A" plan is Madan Realty Trust. 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 and Warren Avenue.
The reason this plan does not consitute a subdivision is because this parcel of
land is on a public way with no new roads proposed. The checklist is complete
with the exception of Number 7 which states In the case of the creation of a
new lot, the remaining land area and frontage of the land in the ownership of
the applicant shall be shown." Planning Consultant Mananrino made a comment
on this point which stated, "Lot 1 must be combined with the larger parcel (See
"Form A" plan for this lot signed by the Board - May 6, 1985). Mr. Madan's lot
needs 50 foot frontage." James Dunn, Dunn Engineering, stated that the only
difference between this "Form A" plan and the one which the Board signed on May
6, 1985, is that instead of exchanging one piece of land with another, Mr. Madan
is purchasing the whole piece and Graphic Laboratories will have an easement on
this property; he also stated that part of this land is land courted and part of
it is not and, therefore, you cannot combine them.
Motion: To sign the "Form A" plan for Madan Realty Trust for Winthrop
Street.
(Genatossio - Boldrighini - All in favor)
Hall Davison & Company - Old South Main Street and South Main Street
The applicant of this "Form A" plan is Hall, Davison & Company. The owner of
this land is Great Woods Trust at 495. This "Form A" plan consists of property
located on the easterly side of Old South Main Street and South Main Street,
bounded on the north by William D. Howerton, Thomas M. Vacher, on the southeast
by Norman A. Gray, Treasurer of Gray Realty Trust, and on the west by Old South
Main Street and South Main Street. The reason this plan does not constitute a
subdivision is because the lots have sufficient frontage and area on a public
way (Old South Main Street). The checklist is complete.
Motion: To approve the "Form A" plan for Hall, Davison & Company for
Old South Main Street and South Main Street.
(Doucette - Boldrighini - All in favor)
Planning Board's Minutes
September 26, 1985
Page 7
13. Site Plan review - Hall Davison & Company - Old South Main Street and
South Main Street
Clerk Doucette read the application and the correspondence for this proposed
site plan on Old South Main Street and South Main Street. The checklist is
complete with the eception of the sewer connection permit and the storm drain-
age system being design to the 10 -year frequency storm. Planner Genatossio
had a concern about the parking for the employees. Jack McLaughlin, applicant,
stated that this building will not be service-oriented, it is a professional
building; so there will not be customers coming in and out of the building that
often. Clerk Doucette had a concern about the access way to the building.
James Dunn, Engineer, stated that the access way is approximately 35 feet wide
and teh only reason that there is only one access is because that is what the
original approval stated. He submitted the drainage analysis to the Board and
stated that they will be filing with the Conservation Commission on this project.
He also stated that there is a hydrant on the site now which is going to be
moved to a different location. Clerk Doucette stated that he believes a second
hydrant should be put in for the additional building. There was a questions re-
garding the utilities for these two buildings and whether there would be an
easement for them. Jack McLaughlin stated that there will be an easement for
all utilities so that no problems will arise in the future.
Motion: To send a positive recommendation to the Building Inspector
which will include the comments from the various department
heads.
(Boldrighini - Bachman - All in favor)
14. Review performance guarantee - "Highland Avenue Extension" subdivision
The Planning Board received a memorandum from Jospeh Mannarino, Planning Con-
sultant, regarding the recommended performance guarantee for "Highland Avenue
Extension" subdivision. The total amount of the performance guarantee is
$129,483.82
Motion: To approve/accept the performance guarantee for the "Highland
Avenue Extension" subdivision in the amount of $129,483.82.
(Bachman - Boldrighini - All in favor)
15. Variance Application
Henry F. Piasecki - Special Permit and Variance - 635 North Main Street
This Special Permit request is for an existing structure at 635 North Main
Street having less than a 15 -foot sideyard and this variance request is for
an addition to the existing structure, said addition having a rpoposed rear
yard less than 40 feet, all of which are non -conforming in a Residence C Zone.
The present use of the premises is a single family home. The extent of the
proposed alterations is a 12 foot by 18 foot stroage building to be used for
additional storage space for a riding lawn mower, snow blower etc. The Board
felt that the granting of this variance would not be any more detrimental to
the surrounding neighborhood.
Motion: To send a positive recommendation to the Zoning Board of Appeals
on the application of Henry F. Piasecki for a Specail Permit and
a variance on 635 North main Street stating that the Planning
Board does not feelt he granting of this variance would be more
detrimental to the surrounding neighborhood.
(Genatossio - Boldringini - All in favor)
Planning Board's Minutes
September 25, 1985
Page 8
Anderson & Nichols Company Inc. - Variance Request - 111 Plymouth Street
This variance request is for the installation of signs on a proposed building
located at 111 Plymouth Street, said signs being more and larger than allowed
in an Industrial Zone. The applicant of this variance is Anderson -Nichols
Company Inc. The size of the proposed building 177,900 square feet and the
use would be warehou/office building. Planner Genatossio stated that she
would like these signs to be the same size or smaller than the signs which are
on the building they presently own because these signs are not offensive.
Motion: To send a positive recommendation to the Zoning Board of Appeals
on the application of Anderson & Nichols Company, Inc., with the
stipulation that the signs which they are requesting be no larger
than the size of the signs that are on their existing building.
(Genatossio - Flynn - Bachman - Fiore - Doucette)
(Brugliera and Boldrighini were opposed to this motion)
16. Chambers Court - Surplus Material Request
The Planning Board received a request from the Harrington & Matto Company, Inc.
for the removal of surplus material at the site of Chambers Court Subdivision,
approximately 16,000 cubic yards of excess top and subsoil. Planner Boldrighini
stated that the applicant should attend a Planning Board meeting to explain the
reason for this surplus material because the approved plan did not show that
volume being removed from the site.
Motion: To send a letter to Steven Wright, Harrington & Matto Company, inc.
requesting that he attend the Planning Board's meeting on Wednesday,
October 2, 1985, in order to explain the necessity for the removal
of this amount of material from the site of Chambers Court.
(Boldrighini - Doucette - All in favor)
17. Around the Table
Planner Bachman stated that he would like to know what happened in court with
the case of The Broderick Corporation versus the Mansfield Planning Board on
the issue of "Westview Woods" definitive subdivision plan. Joseph Zeneski stated
that this case went to court on Tuesday, September 24, 1985, but was settled out
of court with stipulations on advice from Town Counsel.
Planner Boldrighini stated that the Planning Board should get an attorney to
represent them before making any decisions on Foxboro Terminals' Special Permit.
He stated that the Board of Selectmen will approve; he believes that the Planning
Board should take this opportunity and Joseph Brugliera, Chairman, should contact
the Selectmen and inform them of this fact.
18. Public Discussion
Terry Welsh, 4 Granada Circle, presented a petition to the Board for an article
to be placed on the warrant for the Special Town Meeting; he has submitted it to
the Board of Selectmen, they have approved it and he would like the Planning
Board to set a date for a public hearing.
Motion: To advertise and hold the public hearing on Wednesday, October 23,
1985, at 9:30 P.M. on the petition for the Special Town Meeting
Article to modify the Mansfield Zoning Bylaw, by deleting Section
III, J. Item 14 in its entirety.
(Genatossio - Doucette - Flynn - Brugliera)
(Fiore - Bachman - Boldrighini opposed to this motion)
Planning Board's Minutes
September 25, 1985
Page 9
19. Date of Next Meeting is Wednesday, October 2, 1985, at 7:30 P.M.
20. Meeting adjourned at 11:30 P.M.
CLERK
DATE