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HomeMy WebLinkAboutPlanning 11/13/1985PLANNING BOARD'S' AGENDA NOVEMBER 13, 1985 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of August 10, 1985 3. Discuss Zoning Bylaw Amendments 4. Discuss "Jason Lane" preliminary subdivision plan 5. Review preliminary subdivision plans a. "Indian Estates" preliminary subdivision b. "Pine Terrace Estates V" preliminary subdivision C. "Sturbridge Estates" preliminary subdivision 6. Review Site Plan for a Proposed Restaurant - Samoset Avenue and Old Colony Way 7. Review "Massapoag Estates" preliminary subdivision plan 8. Review two (2) variance :applications 9. Discuss "Westview Woods" Subdivision 10. : Discuss "Camelot at Mansfield" Subdivision - water levels 11. Review Performance Bond Estimates: a. "Green Acres" Subdivision b. "Golden Hill Homes" Subdivision 12. Discuss Partial Release of Performance Bond for "Eastland Estates" Subdivision 13. "Form A" plans 14. Around the Table 15. Public Discussion y 16. Date of Next Meeting 17. Workshop- Update on Subdivision Regulations 18. Adjournment fl J fl p PENDING BUSINESS i i E Subdivisions (deadline on Planning Board decisions) 6 o "Indian Estates" - preliminary plan 174 lots off Route 106 - November 24, 1985 o "Pine Terrace Estates V" - preliminary plan 58 lots off Branch Street - November 24, 1985 o "Sturbridge Estates" - preliminary plan - 25 lots off Route 106 - November 24, 1985 i o "Massapoag Estates" - preliminary plan - 118 lots off Maple Street '- December 6, 1985 i t o "Plan of Land to Subdivide 2'lots off Mill Street" - definitive plan - December 8, 1985 o "Balcom Ridge Estates I and II" - preliminary plan - 8 lot off Balcom Street - December 8, 1985 I o "Jason Lane " - preliminary plan - 8 lots off East Street - December 10, 1985 a 1 o "Hallett Crossing II" - preliminary plan - 34 lots off Fruit Street - December 11,-1985 i o "Shiloh Estates" - preliminary plan - 12 lots off Essex Street - December 18, 1985 I ri i Other ") i o Investigation of "Scenic Roads" - Maple Street i PLANNING BOARD'S MINUTES NOVEMBER 13, 1985 Present: Chairman Brugliera, Acting Clerk Fiore Planners: Genatossio*, Bachman, Boldrighini`and Flynn Planning Director Richard Callinan 1. Meeting called to order at 7:30 P.M. 2. Motion: To have Planner Fiore be Acting Clerk. (Boldrighini - Flynn - All in favor) 3. Correspondence A letter from Richard A. Gelerman, Gelerman & Cashman, to the Mansfield Planning Board regarding an itemization of Attorney Gelerman's prior bill. A copy of the Planning Board's Agenda for November 13, 1985. A copy of the Planning Board's Minutes for August 10, 1985. A:letter from John McMann, E. Lionel Pavlo Engineering Co., Inc., to Mr. Richard Callinan, Planning Director, regarding the "Fox Street" Sub- division.' 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 a site plan for proposed townhouses on Rumford Avenue, applicant - John Dei. A'letter from Roger H. Rec, Assistant Vice President of the Mansfield Co - Operative Bank, to the Mansfield Planning Board, regarding the Highland Avenue' i Extension Subdivision and the money being held in a construction loan account for this subdivision. A copy of the Planning Board's Pending Business List. -A copy of a legal notice of hearing from the Town of Foxboro Board of Select- men. Acontinuance of a hearing will be held on Tuesday, November 12, 1985. 1 A copy of a legal notice of hearing from the City of Attleboro Planning Board. Hearings will be held on Tuesday, November 19, 1985, beginning at 8:00 P.M. A copy of a magazine from the American PlanningAssociation entitled "Planning" for November, 1985. Planning Board's Minutes November 13, 1985 Page 2 A pamphlet from the Cooperative Extension Service to the Mansfield Planning Board regarding Limited Entry: AaGood Idea for U.S. Fisheries? ` 4. Discuss "Jason Lane" preliminary; subdivision plan Richard Callinan, Planning Director, stated that the checklist for this pre- liminary plan is complete. Chairman Brugliera stated that this original plan was denied by the Planning Board, but has been resubmitted by a'different en- gineer; he stated that on the original plan, there was a question as to whether the drainage for this subdivision was going onto the abutting property and also 5. rnelr property, arum were 1L w.rii avcut ua.liy S� subdivision consists of seven (7) lots with one additional n Brugliera stated that the Board will send out for depart on this subdivision. d "SturbridgeEstates" preliminary subdivision plans ichard Callinan stated that the Board should review 'these her because they connect. The Board had a question as to ubdivisions connect, they are not one subdivision. eliminary subdivision plan read the checklist which had the following items missing: utters, as determined from the last assessment, unless the - ..- ----- 1,--.,l.A-- .,F .„,h h„ttarc• tha annrnximate detention ponds on lots 13-16, sheet 6; lot 99, sheet 11; lots 39-41 sheet 2. Planning Director Callinan stated that all these lots are going to exit out onto Route 106. Acting Clerk Fiore read further comments from the Planning Director on this subdivision. "Sturbridge Estates” preliminary subdivision plan Acting Clerk Fiore read the checklist for this subdivision which had the following items missing:' The area of adjoining land and water of the appli- cant not presently being subdivided. The Planning Director noted on his comments that this plan should be reviewed together with the "Indian Estates" plan and that there is a'detention pond on lots 22 and 23. Acting Clerk Fiore read further comments from the Planning Director on this subdivision plan. There was a question from the Board as to if they could request that an Envi- ronmental Impact Study be done on these subdivisions as they have on previous subdivisions. Motion: To request the applicant to conduct an, Environmental Impact Study on these subdivisions which shall at least include water, traffic and drainage; and to also send the comments of the Planning Director to the applicant. (Fiore - Flynn - All in favor) Planning Board's Minutes November 13, 1985 Page '3 Planner Bachman had a question about the Planning Director's comment regarding the lots on Route 106. Planning Director Callinan stated that it is very un- desirable to have lots along Route 106 although the applicant does have the right. The Planning Director also stated that the Board may want to consider waiving the 30 foot pavement width requirement and the requirement for two sidewalks be- cause this is such a large subdivision and the Board must look at the impact of this development on the water. The Board stated that the applicant should be in- vited into the Planning Board's ;next meeting to discuss these plans and they would also like to send out for department head comments. "Pine Terrace Estates V" preliminary subdivision plan Acting Clerk Fiore read the checklist for this subdivision which had the following items missing: The approximate boundary lines of proposed lots, with approximate areas and dimensions (lots 10, 11 and 31); the names, approximate location and widths of adjacent streets, or street approaching or within reasonable proximity of the subdivision. Planner Flynn had a'question as toswhether .this road needed to be divided by the island which is in the middle because it is only serving approximately 20 lots. Richard Callinan, Planning Director, stated that he be- lieves this is a good idea and that the 'f roadway is 60 feet wide with a ten (10) foot island in the middle so it still meets the requirements of the roadway width. He also stated that the 'Board should consider requiring; open space lots because the Town owns land adjacent to this property. Planner Bachman had a concern be- cause all these lots will be exiting out onto Branch Street and this street is not wide enough to handle all this traffic and he would like to know if there was another way that the traffic could exit.', Chairman Brugliera stated that it would be up to the applicant and if he owned other land adjacent to this land which could be/used. .The Board would like to 'send out for departmenthead comments on this subdivision.` 6. Review Site Plan for a Proposed Restaurant - Samoset Avenue and Old Colony Way Acting Clerk Fiore read the comments from the various department heads con- cerning this site plan. Otto, RIM Engineering, stated that in regards to the comments about the water drainage being collected on the site, there is an ex- isting water line on this site. He also stated that on-site parking is not required in the Downtown Zone unless a Special Permit is required; and 'there is really no room for on-site parking so; public parking will be utilized for this site. Richard Callinan, Planning Director, stated; that on-site drainage ' should be required for this plan. Otto, RIM Engineering, stated that he has provided drainage calculations which show that there will be virtually no in- creasein drainage and if the Board requires on-site drainage, it can be solved through the installation of a roof drain.' There was a question :from the Board as to whether this would be expanded in the future. Paul Jodice stated that the applicants have no plans to expand this restaurant in the future and it was designed for take-out service only. 'Planner 'Flynn had a question about the number of seats which were going to be in this restaurant. Otto stated that there will be seats in this building, but only for those people waiting to pick up their take-out order, there will be no tables.` Motion: To send a positive recommendation to the Inspector of Buildings subject to the requirement that the Planning Board believes that the surface water drainage should be required for this site plan by the appropriate means. (Fiore Boldrighini - Brugliera) (Flynn - Bachman were 'opposed to this motion) PASSES 'Planning Board's Minutes November 13, 1985 Page 4 7. Review "Massapoag Estates" preliminary subdivision plan Chairman Brugliera stated that he would like to know how the Board feels about' requiring the applicant to reserve one acre for every twenty acres in this sub- division for open space.All Board members present were in favor of requiring that this land be for open space. Chairman Brugliera stated that the Planning,) Director 'should designate which lots would be left for open space. Acting Clerk Fiore would like to know if the Planning Board can require the applicant to do anything with this land. Planning Director Callinan stated that the Board cannot require this, the only thing they can require is that the land be left untouched for open space. Motion: To send a letter to the; applicant of "Massapoag Estates" stating that the Planning Board is considering requiring him to leave' one acre for every twenty acres for open space land and Planning Director Callinan will 'designate which ;areas will be left for open space. (Flynn - Boldrighini - All in favor) 8. Review two (2) variance applications *Planner Genatossio entered the meeting before this discussion began. Charles E. Mueller - Mill Street The applicant of this variance application is Charles E Mueller. This variance request is for a lot on Mill Street having less than 120 foot frontage,' which is non -conforming in an Agricultural Zone. There is presently no building which exists on this site; the size of the proposed building is 52 feet by 24 feet which would be used as 'a single family'; home. The frontage which is required lin this zone is 120 feet;' the existing frontage is 58.74 feet. The application states' that the house would be set 230 feet away from the street and would have little impact on the surrounding lots. 'Chairman Brugliera stated that he is complying with the front yard setback and the side and rear yard requirements and he is only seeking a variance for the frontage. Planner Genatossio had a question as to if this is an 'existing lot and whether the owner of this land owned any land adjacent to this property. The Board did not have this information and, therefore, could not make a;positive recommendation on this variance request. Motion: To send 'a negative recommendation to the Zoning Board of Appeals on the variance application of Charles E. Mueller for a lot on Mill Street having less than the required frontage due to the fact that it :derogates from the intent of the Zoning Bylaw and also there is a lack of information regarding whether the owner of this property owns land adjacent to this property. (Flynn - Genatossio - Bachman - Fiore - Brugliera) (Planner Boldrighini was opposed to this motion.) € Joseph R. Vicino - Appeal from the Decision of the Inspector of Buildings The applicant of :this request for an appeal from the decision of the Inspector of Buildings is Joseph R. Vicino. This appeal is to store new 'cars on a lot at 647 East 'Street, 'located in an Agricultural Zone. There is an existing building on the lot which serves as a single family home. There will be no alterations to the property, the applicant would only like to use it for storage for 20-25 new cars for approximately two to three months while the applicant's new building is I under construction. The Planning Board was in agreement with the Inspector of Buildings that this is not an allowed use in this zone. Motion: To send a letter to the Zoning Board of Appeals stating that the - Planning Board upholds the decision of the Inspector of Buildings. (Genatossio - Fiore - All in favor) Planning Board's Minutes November 13, 1985 Page 5 Joseph R. Vicino - 647 East Street Joseph R. Vicino is asking for a'variance to store 20 to 25 new cars on a lot at 647 East Street in addition to asking for an Appeal from the Decision of the Inspector of Buildings. A new building is being erected and, therefore, the applicant would like to store these cars on said lot for two to three months while the building is under construction. There will be no alterations to the lot only the storage of these vehicles for said amount of time. Planner Boldrighini stated that he sees no problem with this request because it would only be for a short period time. Planner Genatossio stated that she feels there will be a;problem 'with the policing of this area and making sure that the variance' is strictly followed. Acting Clerk Fiore stated that he 'does not see any pro- blem with it because it is not a permanent situation. Chairman Brugliera also saw no problem with this request because it is only temporary until the new building is constructed. Motion: To send a negative recommendation to the Zoning Board of Appeals on the request of Joseph R. Vicino to store cars at 647 East Street for two to three months while their new building is being con- structed because the Board feels that this zone should not be used for that purpose; this is an Agricultural Zone and if the applicant wishes to store cars on this property, than it shouldi be handled through rezoning not through ;a use variance. (Genatossio - Flynn) (Fiore - Boldrighini - Bachman - Brugliera opposed to this motion.) Motion: To send a favorable recommendation to the Zoning Board of Appeals on the request of Joseph R. Vicino to store cars at 647 East Street for two to three months while their new 'building is being con- structed. on structed. (Fiore-'Boldrighini - Bachman - Brugliera) (Genatossio - Flynn opposed to this motion) PASSES 9. Discuss Zoning Bylaw Amendments Section III. K. (The Water Protection District) Amendment' Chairman Brugliera stated that the Special Town Meeting is being held on Saturday, November 16, 1985, and, therefore, the Planning Board must taken vote tonight on this article because it is included on the warrant. Acting Clerk Fiore read the legal notice for the hearing which was held on Wednesday, October 23, 1985, by the Planning Board. Chairman Brugliera asked for a motion on this article.' Motion: To make a favorable recommendation to the Special Town Meeting on the article to amend Section III. K. (The Water Protection District) Paragraph 5. (Flynn-'Genatosssio - Bachman) (Boldrighini - Brugliera - Fiore) FAILS` Planner Boldrighini stated that he believes this petition is a good idea, but he feels that the 'numbers are too large. Planners Genatossio and Flynn felt that although these numbers seem too large, this petition can be amended on the floor at the Town Meeting. Acting Clerk Fiore 'stated that there is also a problem with _ the numbers and he feels that this should be stated at the Town Meeting; it should also be stated that the Planning Board was in general agreement :with this article. The Board would like a letter sent to the Special Town Meeting stating that the vote for this article was three in favor and three opposed but that the Board was in agreement that the water supply needs to be protected, but there was a problem E with the numbers. Planning Board's Minutes November 13, 1985 Page 6 Section III. J. Item 14 - Industrial Zone Chairman Brugliera stated ,that the Special Town Meeting is being held on Saturday, November 16, 1985, and, therefore, the Planning Board must take a vote tonight on this article because it is included on the warrant. Acting Clerk Fiore read the legal notice for the hearing which was held on Wednesday, October 23, 1985, by the Planning Board. Chairman Brugliera asked for a motion on this article.` Motion: To make a favorable recommendation to the Special Town Meeting on the article to delete Section III. J. Item 14 entirely ;from the Mansfield Zoning Bylaw. (Genatossio - Flynn) (Bachman - Boldrighini - Brugliera - Fiore opposed to this motion) FAILS Planner Genatossio stated that although this is not the best way to handle the problem, it is the only way to handle it at the present time. Chairman Brugliera stated that he has a big concern on this article and the effect it would have on Cabot, Cabot and Forbes. :He feels that this problem must be looked into and that is why the Town has formed an Industrial Committee. 10. Discuss "Westview Woods" Subdivision Planner Flynn stated that she had asked to have this subdivision brought up at the meeting because she would like to discuss the request for the roadway pave- ment and the sidewalks received by Edward Broderick, applicant. She stated that the Board denied this request and; she would like the Board to reconsider because this is within the Water Protection District and ;she feels that it should be granted. Motion: To reconsider the vote for a request for a waiver of the roadway pavement and the sidewalks for the "Westview Woods" Subdivision. (Flynn - Genatossio - Boldrighini) (Bachman - Fiore - Brugliera opposed to this motion) FAILS { Planner Genatossio stated; that when this waiver was originally voted on, she j voted against it and the reason was that all waivers are considered as part of the subdivision approval and this waiver was requested after the decision of the Board. She stated that this subdivision is 'different though in the fact that it was going through; an appeal process because the Board originally denied it and she believes that the Board should look at this waiver and see the proxi- mity to the wells ;of the Town and the fact that it is in the Water Protection District. The majority of the Board did not agree. 11. Discuss "Camelot at Mansfield" Subdivision - water levels Planning Director Callinan stated that the "Camelot at Mansfield" Subdivision has been reviewed by ;the consulting engineer and Edward Broderick, applicant, has agreed to do the test holes which were requested by this engineer. Chairman Brugliera' stated that the bond must now be set and the Planning Director should calculate the estimated amount for this bond. 'Planner Genatossio questioned if this bond was just for the 650 feet of Lancelot Lane as Mr. Broderick had requested earlier'. Mr. Broderick stated that this bond will be just for the first 650 feet of Lancelot Lane and at the moment he is working on the drainage for the remainder of this subdivi- sion. Planner Flynn stated that she would like this subdivision plan to be placed onthe agenda for next week in order that the Board can review it. This will be placed on the agenda. Planning Board's Minutes November 13, 1985 Page 7 `2. Review Performance Bond Estimates "Green Acres" Subdivision The Planning Board received a letter from John McMann, E. Lionel Pavlo Engi- neering Co., Inc., regarding the performance bond estimate for the "Green Acres" Subdivision. This calculated estimate is in the amount of $295,000.00. Planner Genatossio stated that she believes this bond estimate should be submitted in the manner that has been followed for the bond estimates in the past. This will be done and the Board will review it at a later date. "Golden Hill Homes" Subdivision The Planning Board received a letter from John McMann, E. Lionel Pavlo Engi- neering Co., Inc., regarding the performance bond estimate for the "Golden Hill Homes" Subdivision. This calculated estimate is in the amount of $116,000.00. Planner Genatossio stated that she believes this bond estimate should be sub- mitted in the manner that has been followed for the bond estimates in the past. Planner Flynn stated that the developers should get 'copies of these bond esti- mates until this is done. This will be done and the Board will review it at a later 'date. Motion: To send a copy of these bond estimates to the developers of the subdivisions. (Flynn - Fiore - All in favor) Planner Flynn stated that according to the letter received from John McMann, E. Lionel Pavlo Engineering Co., Inc., he suggested that the contractor of "Golden Hill Homes" be required to dig three (3) test pits along the proposed roadway and take soil samples from each pit for sieve analysis; this is suggested due to the fact that on-site gravel will be used for the proposed roadway.Planner Flynn' would like to require this of the developer. Motion: To inform the developer that the Planning Board requires that three (3) test holes be dug in the proposed roadway and 'soil samples taken from each pit for sieve analysis as stated in a letter received from John McMann, E. Lionel Pavlo Engineering Co., Inc., (consulting en- gineer). (Flynn - Genatossio - All in favor) 13. Discuss Partial Release of Performance Bond for "Eastland Estates" 'Subdivision Acting Clerk Fiore read the memorandum from Planning Director Callinan regarding the amount of work that has-been done, according ,tolthe Construction Inspector of the Department of 'Public Works, at the "Eastland Estates" Subdivision. The total amount of money to be released from the performance bond is $49,225.00. Motion: To release $49,225.00 from the performance bond for completed work at the "Eastland Estates" Subdivision. (Boldrighini - Flynn - All in favor) 14. "Form A" plans Mansfield Assembly of God - West Street t The .applicant of this "Form An n plan is the Mansfield Assembly of God. This Form A" plan consists of property located at 1101 West Street, approximately 10 1/4 acres situated on the northwesterly side of West Street and the southeasterly side of planning Board's Minutes November 13, 1985 Page 8 Interstate Route 95. The season this ,plan does not constitute a_subdivision is because the lots being created have sufficient size and frontage on an ,already established street. The following items are missing from the checklist:the zoning classification and location of any zoning district boundaries that may lie within the locus of the plan; the key plan is at 2,000 feet, it should be at '1,000 feet to the inch; the elevations and limits of the 100 -year flood dis- charge as taken from the Flood Boundry and Floodway Map for the Town of Mans- field effective date April 1, 1977, and the flood profile in the Flood Insurance- Study for the Town of Mansfield dated October 1976; the identification of the plan by name of owner of record and location of the land in question. The Board' informed the applicant, who was present at the meeting, that this information must be put on the plan before the,; plan can be signed. Motion: Toapprove 'the "Form A" plan for the Mansfield Assembly of God for land on West Street subject to the plan being changed according to the items on the checklist with the exception of the scale which the Board feels is adequate. (Fiore - Boldrighini - All in favor) *Planner Flynn left the meeting. Maderlene'I. Farnam - East Street The applicant of this "Form A" plan is Maderlene 1. Farnam. This "Form A" plan consists of 'property located on the southerly side of East Street; also known as; Route 106, ;bounded and described as follows: Northerly by East Street, also known as Route 106; southeasterly by land of Benjamin Flint; southwesterly by land of Maderline R. Farnam and westerly by land of Peter Farnam. The reason ( this plan does not constitute a subdivision is because the plan creates two lots where one exists and does not create any new roads. 1The checklist is com- plete. Motion: To approve the "Form A" plan for'Maderline I. Farnam for East Street. (Genatossio - Bachman - All in favor) 15. Around the Table Planning Director Callinanlstated that the Town of Mansfield is supposed to appoint two (2) representatives to; the Southeastern Regional Planning and Economic Development District and he has been informed by them that there is no representa- tive: he believes that the Board should appoint -a member to be their representative and the Board of Selectmen is supposed to appoint :the other representative. Planner Genatossio stated that Planner Flynn was appointed to SRPEDD, but since they hold their meetings on the same night as the Planning Board, it is difficult for her to attend these meetings. Chairman Brugliera stated that he would like to know if the Planning Board would like to change 'their meeting night to either a Tuesday or a Thursday evening for a temporary period of time. He stated that he feels it would be better for every - one ,because there are many, conflicts with meeting on the same night as the Select- men. Planner Boldrighini`stated that he cannot make it on a Tuesday or Thursday evening. Planner Genatossio stated that she believes if the meeting day is changed a lot of people will miss it because they ;are used to having the meetings on Wed- nesday night and she feels that it is good to meet the same time the Selectmen meet. Acting Clerk Fiore stated that he cannot make the ;meetings if they are held on Thursday nights. Chairman Brugliera stated that since there are so many con- flicts with changing the meeting night, the meeting will still be held on Wednes- day nights. Planning Board's Minutes November 13, 1985 Page 9 16. Public Discussion Joseph Zeneski, East Street, stated that he noted that in the Planning Board's minutes of a few weeks ago when the Board was discussing the roadway waiver for the "Hallett Crossing" Subdivision, Chairman Brugliera abstained from voting on this waiver; but when the waiver request was being discussed for the "Westview Woods" Subdivision,' Chairman Brugliera did not abstain from voting; Mr.'Zeneski would like to know why Chairman Brugliera abstained on one vote and did not ab- stain on another vote. Chairman Brugliera stated that he 'feels he does not have to explain why he voted the way in which he did on either of these waivers. 17. Date of Next Meeting is Wednesday,'; November 20, 1985, at 7:30 P.M. 18. The. Planning Board entered, into a workshop to discuss the update of the Sub- division Regulations and the amendments which the Board is proposing to 'these regulations. 19. Meeting adjourned at 11:00 P.M. v.FhrJ CLERK DATE I