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HomeMy WebLinkAboutPlanning 10/09/1985PENDING 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, Fiore o "Massapoag Estates" preliminary subdivision plan - off Maple Street - October 18, 1985 o "Hallett Crossing" definitive subdivision plan - off Fruit Street - October 26, 1985 Voting members - Brugliera, Doucette, Gentassio, Flynn, Bachman, Fiore and Boldrighini o "Jason Lane" preliminary subdivision plan - off East Street - November 5, 1985 o "Forest Park" preliminary subdivision plan - 140 lots off West and Gilbert Streets November 24, 1985 o "Indian Estates" preliminary subdivision plan - 174 lots off Route 106 November 24, 1985 o "Autumn Acres" preliminary subdivision plan - 34 lots off Route 106 November 24, 1985 o "Pine Terrace Estates V" preliminary subdivision plan - 58 lots off Branch Street November 24, 1985 o "Plantation Estates" preliminary subdivision plan - 21 lots off Stearns Avenue November 24, 1985 o "Bird Hill Estates" preliminary subdivision plan - 26 lots off Bird Road and Maple Street - November 24, 1985 o "Sturbridge Estates" preliminary subdivision plan - 25 lots off Route 106 November 24, 1985 o "Wood Park" preliminary subdivision plan - 3 lots off Wood Avenue and Creeden Street November 24, 1985 o "Pleasant Valley" preliminary subdivision plan - 9 lots off Stearns Avenue November 24, 1985 o "Balcom Ridge Estates" preliminary subdivision plan - 28 lots off Balcom Street November 24, 1985 Other o Foxboro Terminals - Special Permit - October 8, 1985 o Cabot Pond Restoration Project - October 15, 1985 PLANNING BOARD'S MINUTES OCTOBER 5, 1985 Present: Chairman Brugliera, Clerk Doucette Planners: Genatossio, Flynn and Boldrighini 1. Meeting called to order at 9:00 A.M. 2. Appointment of Planning Board Agent The Planning Board discussed appointing Rande Wilson, Town Manager, to be the temporary Planning Board Agent for the inspection of roadways. The Board voted three in favor and two against of not appointing Rande Wilson to be the Planning Board Agent for the inspection of roadways. A letter will be sent to Mr. Wilson stating this fact and requesting that he attend the Planning Board's meeting on Monday, October 7, 1985, to discuss this issue further. 3. Date of Next Meeting is Monday, October 7, 1985, at 7:30 P.M. 4. Meeting adjourned at 9:30 A.M. 4LERK ? 7, DATE PLANNING BOARD'S AGENDA OCTOBER 9, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of September 26, 1985 Minutes of October 2, 1985 3. Review Camelot Estates Subdivision Plan 5.- 4. Review Cabot Pond Restoration Project Progress a 5. Review variance applications 6. Review new preliminary subdivision plans 7. Review "Massapoag Estates" preliminary subdivision plan with Easton Planning Board 8. Review Fiscal '87 Planning Department Budget 9. Review "Form All plans 10. Around the Table 11. Public Discussion 12. Date of Next Meeting 13. Adjournment PENDING BUSINESS Subdivisions (deadline on Planning Board decisions) o "Massapoag Estates" - preliminary plan - off Maple Street - October 18, 1985 o "Hallett Crossing" - definitive plan - off Fruit Street - October 26, 1985 o "Jason Lane" - preliminary plan - off East Street - November 5, 1985 o "Forest Park" - preliminary plan - 140 lots off West and Gilbert Street - November 24, 1985 o "Indian Estates" preliminary plan - 174 lots off Route 106 - November 24, 1985 o "Autumn Acres" preliminary plan -.34 lots off Route 106 - November 24, 1985 o "Pine Terrace Estates V" - preliminary plan - 58 lots off Branch Street - November 24, 1985 o "Plantation Estates" - preliminary plan - 21 lots off Stearns Avenue - November 24, 1985 o "Bird Hill Estates" - preliminary plan - 26 lots off Bird Road and Maple Street - November 24, 1985 o "Sturbridge Estates" - preliminary plan - 25 lots off Route 106 - November 24, 1985 o "Wood Park" - preliminary plan - 3 lots off Wood Avenue and Creeden Street - November'24, 1985 o "Pleasant Valley" - preliminary plan - 9 lots off Stearns Avenue - November 24, 1985 o "Balcom Ridge Estates" - preliminary plan - 28 lots off Balcom Street - November 24, 1985 Other o Cabot Pond Restoration Project - October 15, 1985 PLANNING BOARD'S MINUTES OCTOBER 9, 1985 Present: Acting Chairman Genatossio, Acting Clerk Flynn Planners: Boldrighini and Bachman 1. Meeting called to order at 7:40 P.M. 2. Motion: To have Planner Genatossio be Acting Chairman. (Boldrighini - Flynn - All in favor) Motion: To have Planner Flynn be Acting Clerk. (Boldrighini - Bachman - All in favor) 3. Correspondence A copy of a letter from Joseph Brugliera, Chairman of the Mansfield Planning Board, to Mr. Edward Broderick, President of The Broderick Corporation, re- garding the "Westview Woods" subdivision. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Edward C. Marcheselli, Treasurer of the Walmark Corporation, re- garding the "Hallett Crossing" definitive subdivision plan. A copy of the Planning Board's decision on Foxboro Terminals Special Permit. A memorandum from Rands J. Wilson, Town Manager, to all department heads, boards and committees regarding the Fiscal 1987 Budget. A letter from Joseph S. Mannarino, Planning Consultant, to Mr. Joseph Brugliera, Chariman of the Mansfield Planning Board, regarding his planning consultation hourly breakdown for the week of September 29, 1985. A notice of hearing from the Mansfield Zoning Board of Appeals for a variance re- quest for Dairy Mart, Inc. for an addition to property at 157 Pratt Street. A notice of hearing from the Mansfield Zoning Board of Appeals for a variance request for Shawna M. Fonger to divide a lot at 395 Elm Street. A memorandum from Norman Mahana, Selectmen, regarding scenic roads. A letter from Joseph S. Mannarino, Planning Consultant, to the Mansfield Planning Board regarding the "Camelot Estates" subdivision plan. A copy of the Agreement for Judgement in the case of the Broderick Corporation versus the Mansfield Planning Board in the matter of "Westview Woods". Planning Board's Minutes October 9, 1985 Page 2 A copy of the Planning Board's Agenda for October 9, 1985. A copy of the Pending Business List for the Planning Board. A copy of the Planning Board's Minutes for September 25, 1985. A copy of the Planning Board's Minutes for October 2, 1985. A copy of the Planning Board's Minutes for October 5, 1985. A letter from Edward J. Tartufo, Chairman of the Mansfield Board of Health, to the Mansfield Planning Board regarding stump dumps for subdivisions. A copy of a letter from John Dwyer, Town Counsel, to Bertram M. Cook, Inspector of Buildings, regarding Special Permits on land zoned for Agricultural purposes and primarily used for agriculture, horticulture, floriculture or viticulture. A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Bertram M. Cook, Inspector of Buildings, regarding the Board's recommendation on the surplus removal request for "Chambers Court". A copy of a letter from Joseph D. Brugliera, Chairman of the Mansfield Planning Board, to Mr. Bertram M. Cook, Inspector of Buildings, regarding the Board's recommendation on the site plan for a hair salon on Copeland Drive, applicant - Copeland Realty Trust. A copy of a legal notice from the Town of Sharon Planning Board. A hearing will be held on October 16, 1985, at 8:15 P.M. A copy of a legal notice from the Town of Sharon Planning Board. A hearing will be held on October 16, 1985, at 9:15 P.M. A copy of a legal notice from the Town of Sharon Planning Board. A hearing will be held on October 16, 1985, at 9:45 P.M. A copy of a legal notice from the Town of Sharon Board of Appeals. A hearing on October 10, 1985, at 7:30 P.M. A copy of a legal notice from the Town of Foxboro Planning Board. A hearing will be held on October 17, 1985, at 8:00 P.M. A copy of a Statement of Facts from the Mansfield Zoning Board of Appeals re- garding the application of Sun Refining & Marketing. 4. Minutes of September 25, 1985 Motion: To approve the Minutes of September 25, 1985. (Flynn - Bachman - Boldrighini) (Genatossio abstained) Minutes of October 2, 1985 Motion: To approve the Minutes of October 2, 1985, as amended. (Flynn - Boldrighini - Bachman) (Genatossio abstained) Planner Flynn stated that on Page 5, under Item 9, it should be noted that "Chambers Court" is off of West Street instead of off of Williams Street. It shall be noted. Planning Board's Minutes October 9, 1985 Page 3 5. Acting Chairman Genatossio stated that the letter which was sent to the applicant of "Hallett Crossing" should have noted that this subdivision plan should have been submitted according to the Subdivision Regulations and that waivers should be re- quested after the Board reviews the plan. She would like another letter sent to the applicant stating this fact. Motion: To send a letter to The Walmark Corporation stating that the sub- division plan for "Hallett Crossing" should be submitted to the Board in accordance with the Subdivision Regulations and all waivers should be requested after the initial submission. (Flynn - Bachman - All in favor) 6. Review "Camelot Estates" subdivision plan Acting Clerk Flynn read the comments received from the Planning Consultant re- garding this subdivision. Planner Boldrighini asked if there have been any changes in this subdivision. Edward Broderick, applicant, replied that there has not been any changes and that he intends to develop this subdivision in accordance with all the conditions which were specified on the original plan; he stated that the bond he has asked for is only for.the first 650 feet, which he can build on according to the stipulations on the plan, and all the drainage will be put in before he be- gins work on the other lots as was specified in the original plan, also. Acting Chairman Genatossio stated that she believes the biggest concern the Board has at this point is the drainage of this subdivision. Mr. Broderick stated that he has had a study of the drainage conducted on this land and he submitted this study to the Board. The detention basin is a three to one slope and will be approximately 12 feet deep; Mr. Broderick stated that he will put a fence around this area if the Board instructs him to, he also stated that the drainage easement will be for the maintenance of this basin, it will be a roadway with a gravel base in order that trucks can obtain access to the basin. There was a question from the Board as to how all these changes can be incorporated on the plan because it is an approved plan already. Mr. Broderick stated that anything the Board wants placed on the plan could be included in the bond so that he must comply or else the bond will not be released. He stated that this will be 30 to 32 lots because a few of the lot, he has found, are not buildable lots. Planner Boldrighini stated that the only thing the Board is waiting for is to have the Town Engineer review this plan concerning the drainage before any further steps can be taken on this plan. 7. Review Cabot Pond Restoration Project Progress Acting Chairman Genatossio stated that the Planning Board sent letters to Mr. Chavaree and Mr. Willis, applicants of this project, stating that the Board would like a work schedule and a completion date for this project. The Board has re- ceived no response from these letters and the deadline for the completion of this project is October 15, 1985; she feels that something must be done in order to have this project completed. Motion: To write a letter to Town Counsel turning the matter of "Cabot Pond Restoration Project over to him and inform him that legal action should be taken in order to have the applicants complete the project. (Boldrighini - Flynn - All in favor) 8. Variance Applications Dairy Mart Inc. - 157 Pratt Street The applicant of this variance request is Dairy Mart, Inc. This variance is for an addition to property at 157 Pratt Street for the proposed use as a convenience Planning Board's Minutes October 9, 1985 Page 4 store and self-service gas station, said addition being an expansion of an ex- isting non -conforming use and having a proposed sideyard less than 15 feet which is non -conforming in a Residence A Zone. The existing building is 1269 square feet and the proposed building is 1974 square feet. The present use is a gasoline and service station and general repairs; the proposed use would be a convenience store with a self-service gasoline. The grounds for this permit is that this is an existing non -conforming use. Motion: To send a favorable recommendation to the Zoning Board of Appeals on the variance application of Dairy Mart, Inc., due to the fact that the Planning Board does not feel that this would be more de- trimental to the surrounding neighborhood. (Boldrighini - Bachman - All in favor) Shawna M. Fenger - 395 Elm Street The applicant of this variance request is Shawna M. Fonger. This variance request is to divide a lot at 395 Elm Street, the proposed lot to have less than 120 foot frontage, which is non -conforming in a Residence AA Zone. There is presently no building on the lot and the proposed building would be a 40 foot by 30 foot Gambrel Cape used for a single family dwelling. The application stated that the property was purchased.in two parcels in January of 1983, access to parcel 2 was by a right-of-way over parcel 1, the house on parcel 1 is being sold and would like to utilize parcel 2 as a. lot to construct a single family home. The application also stated that the granting of this variance would not derogate from the overall in- tent of the Zoning Bylaw because the use is permitted in a AA zone and because the lot size, rear, side and front dimensions are in excess of those required for zoning. The total size is in excess of one (1) acre. There was a question from the Board as to whether this request would fall under the Subdivision Control Law because it is the subdivision of the land. Planner Boldrighini stated that the Planning Board does not have enough information to make an accurate recommendation on this request. Motion: To send a negative recommendation to the Zoning Board of Appeals due to the fact that the Board feels they do not have enough information and it should be stated in this letter that this request may possibly fall under the Subdivision Control Law because it is a subdivision of land. (Boldrighini - Flynn - All in favor) Review new preliminary subdivision plans Balcom Ridge Preliminary Subdivision Plan The Planning Board reviewed the preliminary plan for "Balcom Ridge Estates" and found that the major features of the land such as existing walls, fences, monuments, buildings, trees twenty-four inches (24") in caliper, measured four feet (4') above the ground, wooded areas, outcroppings, ditches, swamps, water bodies and natural waterways were not shown on the plan. The plan also does not show the elevations and limits of the 100 -year flood discharge as taken from the Flood Boundry and Floodway Map of the Town of Mansfield effective date April 1, 1977, and the flood profiles in the Flood Insurance study for the Town of Mans- field dated October, 1976. Motion: To deny the preliminary plan for "Balcom Ridge Estates" due to the fact that the plan is lacking the necessary information as outlined in the Subdivision Regulations under Preliminary Plans; Section 2e and Section 2n are not on the plan. (Bachman - Flynn - All in favor) Planning Board's Minutes October 9, 1985 Page 5 10. ):00 P.M. - Review Estates" preliminary plan with the Easton P The Mansfield Planning Board met with the Easton Planning Board at 9:00 P.M. to discuss the preliminary subdivision entitled "Massapoag Estates". The Easton Planning Board had many concerns about this subdivision and also had many con- cerns about the Environmental Impact Study which was done in the Franklin, Maple and Winter Streets area; they outlined these concerns to the Mansfield Planning Board and also stated that they believe the two boards should work together on projects such as this because it does effect both Towns and the aquifers for both Towns. Ronald Bonvie, applicant, submitted a request for an extension until December 6, 1985. Motion: To approve the request for an extension until December 6, 1985, for the "Massapoag Estates" preliminary subdivision plan. (Flynn - Boldrighini - All in favor) 11. The Board received a request from Norman Mahana, Selectmen, requesting that the Planning Board sponsor the designation of Maple Street from the Easton Town line to Franklin Street a "scenic road" under Massachusetts General Laws, Chapter 40, Section 15C. There was questions from the Board as to whether the designation of a scenic road required the vote of Town Meeting. The Board found that this did not require the vote of Town Meeting according to the Scenic Roads Act. Motion: To write a letter to Norman Mahana stating that according to the Scenic Roads Act, the Planning Board, the Conservation Commission, or the Historial Commission can designate any road in the Town of Mansfield as a scenic road; also state in this letter that the Planning Board will investigate this matter further. (Boldrighini - Flynn - All in favor) 12. Review new preliminary subdivision plans "Autumn Acres" preliminary subdivision plan The Planning Board reviewed the preliminary plan for "Autumn Acres" and found that the major features of the land such as existing walls, fences, monuments, buildings, trees twenty-four inches (24") in caliper measured four feet (4') above the ground, wooded areas, outcroppings, ditches, swamps, water bodies and natural waterways were not shown. The plan also does not show the area of adjoining land and water of the applicant not presently being subdivided. Motion: To deny the preliminary plan for "Autumn Acres" due to the fact that the plan is lacking the necessary information as outlined in the Subdivision Regulations under Preliminary Plans; Section 2e and Section 2(1) are not on the plan. (Bachman - Boldrighini - All in favor) "Forest Park" preliminary subdivision plan Planner Genatossio stated that the applicant of this plan, Edward Broderick, signed this plan out before the Board had a chance to look at it and she feels that the Town Clerk must be notified that the applicant has withdrawn his plan and that a new submission must be done so that the plan will go through the whole process in order that the time period will start from the date of the new submittal instead of the old one. She stated that there is no regulation that states that the applicant can withdraw his plan. Planner Boldrighini did not agree with this, although the remainder of the Board did. Planning Board's Minutes October 9, 1985 Page 6 Motion: No plans are to leave the Town Hall after they have been legally submitted to the Town Clerk. (Flynn - Bachman - Genatossio) (Boldrighini abstained) The plans for "Forest Park" are denied and will be returned to the applicant for a new submittal due to the fact that these plans were taken out of the Planning Board office before the Board had a chance to review them. "Plantation Estates" preliminary plan The Planning Board reviewed the preliminary plan for "Plantation Estates" and found that the major features of the land such as existing walls, fences, monu- ments, buildings, trees twenty-four inches (24") in caliper measured four feet (4') above the gorund, wooded areas, outcroppings, ditches, swamps, water bodies and natural waterways were not shown on the plan. The plan also did not show the area of adjoining land and water of the applicant not presently being subdivided; and was also lacking the names, approximate location and widths of adjacent streets, or streets approaching or within reasonable proximity of the subdivision. Motion: To deny the preliminary plan for "Plantation Estates" due to the fact that the plan is lacking the necessary information as out- lined in the Subdivision Regulations under Preliminary Plans; Section 2e, Section 2h and Section 2(1) were not on the plan. (Flynn - Bachman - All in favor) 13. Review "Form A" plans - Essex Street The applicant of this "Form A" plan is Virginia Street. This "Form A" plan consists of property bounded on the east by Essex Street, on the south by other land of Beulah Sweet, on the west by land of Franklin Allen and on the north by land of Douglas Allen and land of Carl J. and Edith F. Dorsett. The reason this plan does not constitute a subdivision is because the lots created have sufficient frotnage and area on a public way. The checklist is complete. Motion: To approve the "Form A" plan for Virginia Street on Essex Street. (Flynn - Bachman - All in favor) Walmark Corporation - Fruit Street The applicant of this "Form A" plan is the Walmark Corporation. This "Form A" plan consists of property located on the northeasterly side of Fruit Street bounded on the northwest by other land of Walmark Corporation, on the northeast and southeast by other land of Walmark Corporation and on the west by Fruit Street. The reason this plan does not constitute a subdivision is because the lots have sufficient frontage and area on a public way. The checklist is complete. Motion: To approve the "Form A" plan for the Walmark Corporation on Fruit Street. (Flynn - Boldrighini - All in favor) Carine - Stearns Avenue The applicant of this "Form A" plan is John and Isabel Carine. This "Form A" plan consists of a parcel of land on the northerly side of Stearns Avenue, bounded Planning Board's Minutes October 9, 1985 Page 7 northerly by Moscardelli, Crickard, Cores, Christianson and Lucido; easterly by Dei; southerly by Stearns Avenue and westerly by Vizedom. The reason this plan does not constitute a subdivision is because the lots have sufficient area and frontage as per zoning. Lot 7 to be sold to abutting owner. The Planning Board reviewed the checklist and found that it is complete. Motion: To approve the "Form A" plan for John and Isabel Carine on Stearns Avenue. (Flynn - Boldrighini - All in favor) Foxboro Terminals, Inc - Francis Avenue, Oakland Street and Connors Avenue The applicant of this "Form A" plan is Foxboro Terminals, Inc. This "Form A" plan consists of two lots located at the corner of Francis Avenue, Oakland Street and Connors Avenue. The reason this plan does not constitute a subdivision is because the lots are existing with frontage on Francis Avenue and Connors Avenue, approved roadways. The checklist was complete, but the Board had a question as to whether Connors Avenue was an approved street because it does not actually exist. Acting Chairman Genatossio contacted Planning Consultant Mannarino by `telephone. and discussed this matter with him and was told that the Planning Board can deny this plan due to the fact that they do not know the status of Connors Avenue, whether -of not it is an approved street. Motion: To deny the "Form A" plan for Foxboro Terminals, Inc. for Francis Avenue, Oakland Street and Connors Avenue due to the fact that the Planning Board does not know the status of Connors Avenue. (Boldrighini - Bachman - All in favor) 14. Planning Consultant's Hours The Planning Board received a letter from Joseph Mannarino, Planning Consultant, submitting his hourly breakdown for the week of September 29, 1985, the total of which is five (5) hours. Motion: To pay Joseph Mannarino, Planning Consultant, for five (5) hours for his planning consultation. (Flynn - Boldrighini - All in favor) 15. Around the Table Acting Clerk Flynn stated that although she is the SRPEDD representative for the Planning Board, she has not been receiving any information or correspondence from them, and she would like the Board to send them a letter stating that she has been appointed the SRPEDD representative for the Planning Board. 16. Public Discussion No comments at this time. 17. Date of Next Meeting is Wednesday, October 16, 1985, at 7:30 P.M. 18. Meeting adjourned at 11:15 P.M. 10 CLERK DATE