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HomeMy WebLinkAboutPlanning 12/11/1985PLANNING BOARD'S ' AGENDA DECEMBER 11, 1985 C 1. Meeting called to order at 7:30 P.M. 2. 7:30 P.M.;- Public Hearing - SubdivisionRegulations 3. 8:30 P.M..- Water Protection District - Karen M. Galanti 4. 8:45 P.M. - "Fox Street" Definitive Subdivision Plan 5. 9:00 P.M.'- Cluster Development - Peter Wells and Edward Broderick 6. 9:15 P.M.'- Review "Shiloh Estates" preliminary subdivision plan 7. Sign "Green Acres" Subdivision Plan "Westview 8. Woods" Subdivision Plan - Roadway Waiver 9. Clerk's Report a.' Correspondence b.' Minutes of December 4 1985 10. Camelot at Mansfield - John Thompson and Williams Street Residents 11. Discussion of Strategic Planning Grant 12. "Form A" plans 13. Around the Table 14. Public Discussion 15. Date of Next Meeting 16. Adjournment �I PENDING BUSINESS Subdivisions (deadline on Planning Board decisions) _ o "Shiloh Estates"- preliminary plan - 12 lots off Essex Street December 18, 1985 o "Indian Estates" - preliminary plan - 174 lots off Route 106 - December 24, 1985'' o "Sturbridge Estates" - preliminary plan - 25 lots off Route 106 December 24, 1985`- 0 "Highview Estates" - preliminary plan - `13 lots off Maple Street - January 3, 1986 o "Eastbrook Estates" - preliminary plan -'33 lots off East Street - January 12, 1986 o "Eastleigh Estates I" - preliminary plan'- 135 lots off Route 106 - January 12, 1986 o "North Ridge Estates" - preliminary plan - 10 lots off Route 106 - January 13, 1986 o "Stearns Hill Estates" - preliminary plan - 86 lots off 'Stearns 'Avenue January 13, 1986 E o "Robinson Estates" - preliminary plan - 7 lots off Pine 'Street January 13, 1986 o "Maplewood Estates Phase II" - definitive plan - 10 lots off Maple Street - January 13, 1986 o "Robyn Estates" -'definitive plan - 7 lots off Franklin Street - January 13, 1986 o "Lindsey Acres" - preliminary plan - 7 lots off Mary Ann Way - January 13, 1986 l o "Echo Hills" - preliminary plan - 18 lots off East Street - January 13, 1986 o "Mill Farm Estates" - preliminary plan -'17 lots off Mill Street - January 13, 1986 o "Connors Avenue" - preliminary plan - 3 lots off Francis Avenue - January 13, 1986 o "Hallett Crossing II" - preliminary plan - 34 lots off Fruit Street - January 16, 1986 o "Bluejay Estates"- preliminary plan - 9`lots off Elm Street - January 12, 1985 Other o Investigation of "Scenic Roads" -.Maple Street o Downtown Parking Review a PLANNING BOARD'S MINUTES DECEMBER 11, 1985 Present: Chairmani$rugliera, Clerk Doucette Planners: Flynn, Genatossio, Boldrighini, Fiore* and Bachman* Planning Director Callinan 1. Meeting called to order at 7:30 P.M. 2. 7:38 P.M. - Public Hearing - Subdivision Regulations *Planner Fiore entered the meeting during this public hearing. The public hearing for the changes to the Subdivision Regulations began at 8:38 P.M. The hearing was continued at approximately, 8:40 P.M. until Tuesday, December 17, 1985, at 7:30 P.M. A copy of the transcript is available at the 'Planning Department office. 3. "Fox Street" Definitive Subdivision Plan Clifton Holman, engineer, stated that all the comments which were made on the denial letter as well as all the ;comments made from the consulting engineer have been incorporated onto the plan. The Board informed Mr. Holman that the 'high water mark still must be incorporated onto these plans. Mr. Holman asked the Board if it would be sufficient if a note was placed on the plan stating that there was no water found on the site because the testi, pits were dug eleven (11) feet deep and no water was found at that point. The Board had no problem with this note being placed on the plans. A': question was raised by Planner Genatossio as to the type of curbing which must be used on this site; the plan shows the use of Cape Cod Berm and she feels that bituminous curbing should be used as stated in the Subdivision Regulations. The Board was informed by Mr. William Madan that Fox Street, from Atwood Street to the Foxboro Town Line, is an un- accepted street. Planning Director Callinan stated that since this is an unaccepted street, there is no requirement under the Subdivision Regula- tions as to the ;type of curbing that must be used. Planner Genatossio felt that a waiver was still required although the majority ;of the Board members did not feel that this was necessary. Planner Genatossio had a question re- garding the calculations which were used for the drainage; she would like to know whether the consulting engineer used the calculations which were submitted by the applicant or some other calculations. 'Planning Director i Callinan stated that the consulting engineer uses both his own calculations and the calculations which were submitted to the Board, by the applicant. Planner Flynn stated that when the Board was originally reviewing this plan, there were a lot of concerns from the neighbors about the flooding in this Planning Board's Minutes December 11, 1985 Page '2 'U area and she would like to know if the calculations for this project took into consideration the off-site areas. Clifton Holman stated that these calculations do not take into consideration off-site areas, but he stated that this project would not adversely affect Atwood Street based on the 25 -year storm. Motion: To approve the definitive plan for "Fox Street" as submitted. (Boldrighini - Fiore - Brugliera - Flynn) (Genatossio - Doucette opposed to this motion) 4. Cluster Development - Peter Wells and Edward Broderick Peter Wells approached the Board to give them a status report on what has been accomplished on this issue up to.tthe present time and to discuss where the Board would like to take it from this point. He presented an outline of the major points which should be incorporated into a By -Law for this type of provision to the :Board. This outline consisted of the following: purpose; location/size; permitted uses; density/dimensional requirements; other :design requirements; common land ownership; procedure for approval. Planner Flynn stated that she ;did not like the terminology of`calling ;this a'"Cluster Development" provision because she feels that it would allow multi -family and she had the interpretation that this was only for single-family devel- opment. Planning Director Callinan stated that the control over this is still in the hands of the Planning Board because it would be a Special Permit granting procedure. Mr. Wells stated that a requirement could be worked into the By -Law which states that only detached single family homes would be allowed although a''cluster idevelopment provision should be more flexible than that. He also stated that he would like to proceed and draft a By -Law and work with the Planning Director and the members of the Planning Board on this because there c is a big issue on the time element involved to get this on the warrant for the Annual Town Meeting; he suggested that a subcommittee be formed Chair- man Brugliera asked Mr. Wells if he feels a thorough job can be done on this provision in the 'amount of time which is allotted. Mr. Wells stated that he feels a'thorough ;job can be done and that changes can be made between the time of the submission for the warrant and the date of the Annual Town Meeting. He would 'like to know if the Board would like him to draft up a'provision for this in order that the Board can work on it together with Mr. Broderick and himself. ;Planner Genatossio would like to know if this is the applicant's article of the Board article; she feels that this should be determined- first and that the Planning Director should not have to: work on this article if it is ;not going to be an article which the Board is going to sponsor at the Annual Town Meeting. Chairman Brugliera asked Mr. ;Broderick if he was going to sponsor the article to the Annual Town Meeting. Mr. Broderick re- plied that he felt that this article is good for the entire town and, there- fore, he feels the Board should bring this article to the Annual Town Meeting. Planner Genatossio argued that everyone feels that their article is abenefit'. for the 'entire town, but that must be determined by the Board because if they -do decide to sponsor such an article they may have to hire someone toprepare it and she also feels that an article of this type should be looked at with the Master Plan. Planner Fiore stated that he feels it would be a big mis- take if the Board were to turn their backs on the whole issue because it gives the Board the opportunity to look at this issue which is going to have such a major 'impact on the Town; he feels the Board should allow Mr. 'Broderick to do the research and, if the Board is not happy with the results, they can make amendments to what will be submitted and if the Board does not like what is submitted, they do not have to support it at Town Meeting.- Planner Flynn Planning Board's Minutes December 11, 1985 Page ,'3 stated that she was a member on the Planning Board when an article similar to this 'article was submitted and she remembers that it was very poorly done. She feels that there are a number of other things which the Board has to work on 'first. ;She also feels that a Master Plan should be worked on first before a provision for Cluster Development. Motion: To have Edward Broderick bring this article to the Annual ;Town Meeting and to have the :Board work with Mr. Broderick on this article. (Boldrighini --Doucette - Fiore - Brugliera) (Cenatossio -'Flynn - Bachman 'opposed lto this motion.') PASSES 5. Review "Shiloh Estates" preliminary subdivision plan Planning Director Callinan stated that :this plan has a cul-de-sac which is less than 650 feet. Clerk Doucette read the checklist for this subdivision plan which states that there is no name of the street and no indication of the 100 -year flood zone. Chairman Brugliera would like to know if there were department head comments on this subdivision plan'. Planning Director Callinan stated that there are not any ;comments from the various department heads on this subdivision plan. Y Chairman Brugliera stated that a request should be sent out for comments on this plan and the Board should discuss it after those comments are received. The Board will 'discuss this plan fur- ther on Tuesday, December 17, 1985. r ( 6. "Westview Woods" Subdivision Plan - Roadway Waiver < Clerk Doucette stated that the only roadway waiver which is in the file is the one which the Board has already acted upon'. Edward Broderick, appli- cant, stated that the only reason that he asked for this to be brought up tonight is because he thought the Board would finish with their Subdivi- sion Regulation revisions, but 'since this is not the case, he would like to withdraw his request. *Planner Flynn left the Planning Board iMeeting ;at this point.i 7. Clerk's Report Correspondence A copy of the Planning Board's Pending Business List.` A copy of the Planning Board's Agenda for December 11, 1985. A pamphlet to the Mansfield Planning Board from the Urban Land Institute. A copy of the Planning, Board's Minutes', for December 4, 1985. A Statement of Facts from the Mansfield Zoning Board of Appeals regarding the application of Joseph R. Vicino for an Appeal from the Decision of the ''.Inspector of Buildings regarding the storing of new cars on a`lot at 647 East Street, located in an Agricultural Zone. The appeal was denied. A Statement of .Facts from the 'Zoning Board of Appeals regarding the appli- cationlof Charles E. Mueller for a variance for a lot on Mill Street having fess than 120 foot frontage, which is non -conforming in an Agricultural Zone. The variance was granted. Planning Board's Minutes December 11, 1985 Page..4 A Statement of Facts from the Mansfield Zoning Board of Appeals regarding the application of Dairy Mart, Inc. for a variance for an addition for property at 157 Pratt Street for the proposed use as a convenience store and self. -service gas station, said addition being an expansion of an existing non -conforming use and having ;a proposed sideyard less than 15 feet, which is non -conforming in a Residenc eA'Zone. The variance was granted.` A pamphlet from ,the American Land Resource Association. A copy of a public notice from the Foxborough Planning Board.A hearing will be held on Thursday, December 19, 1985, at 9:00 P.M. A copy of a public notice from the Town of FoxboroughlPlanning Board. A public hearing will be held on December 19, 1985, at 8:00 P.M. A copy of the Planning Board's letter to Mrs. Judith F. Scott, Town Clerk, regarding the Board's decision on "Jason Lane" preliminary subdivision plan. A copy of the Planning Board's letter to Mrs. Judith F. Scott, Town Clerk, regarding the Board decision on "Plan of Lan in Mansfield belonging to 'Winslow B. Schurman, Jr." definitive plan. A copy of the Planning Board's letter to Mrs. Judith F. Scott, Town Clerk, regarding the Board's decision on "Balcom Ridge Estates I and II" pre- liminary subdivision plan. A memorandum from John Dunn to various members of the Five -Year Planning Committee regarding the draft for the Five -Year Plan.: 8. Minutes Sof December 4, 1985 Motion: To approve the Minutes of December 4,':1985. (Bachman - Fiore - All in favor) 9. Wedgewood Estates Subdivision - Release of Performance Guarantee *Chairman Brugliera left the room immediately before this discussion began. The Planning Board received a letter from Al Andrews, Construction Inspector, stating that he has inspected the "Wedgewood Estates" Subdivision and that he recommends $179,150.`00 be released for completed work. Motion: To release $179,150.00 for the completed work at the: "Wedgewood Estates" Subdivision. (Boldrighini Doucette - All in favor) Planner-Genatossio asked if the drainage was complete on this subdivision. Planning Director Callinan stated that to his knowledge the drainage ;has been completed.' Planning Board's Minutes December 11, 1985 Page 5 j*Chairman Brugliera re-entered the meeting after this discussion ended. 10. Variance Applications Freerksen, Robert - Lakeview Road The applicant of this variance is Robert Freerksen. The variance request is for a lot :having an existing building with less than a 15 foot sideyard, and containing less than 15,000 square feet, both of which are non -conforming in a Residence A Zone; The present use of the premises is the garage, the pro- posed use is a home which 'would serve as a single-family home. The total square footage is 10,901 square feet which is less than the 30,000 square feet which is required. Hoever, the frontage meets code and the positioning of the build- ing will allow a septic system installation with proper setbacks; and minimum code distances. The grounds for a variance is the following: A. of the 10 families within 300 feet of the lot, only L. Negus with 3.5 acres has a 30,000 square foot lot or 'larger. The other nine (9) lots range from 5,000 tor17,737`square feet. B. The combined parcels (1 and 2 on map) are as large as can belprocurred. The abutter, Clark 'Shores Associates, is land owned -in - common and not available for sale. The other abutter, L. Negus,,will sell only enough land (2" on map) for sufficient frontage. C. The combined lots will total 10,901 square feet well within the average of others in ;the neighborhood. Furthermore, it will provide more than enough area to install a legal and proper septic, system.' Motion: To send_a favorable recommendation to the Zoning Board of ! Appeals on the variance application of Robert Freerksen. „(Doucette - Genatossio seconded for discussion) (Genatossio - Bachman-+Brugliera - Boldrighini`- Fiore opposed) Planning Director Gallinan stated that the applicant is supposed to show hard- ship due to soil or topography according to State Law. He also stated that this is a self-inflicted hardship and that there is no hardship running; with the land. Motion: To send a negative recommendation to the Zoning Board of Appeals on the variance application of Robert Freerksen on Lakeview Road based on the fact that there is no hardship being shown. (Fiore-'Boldrighini - All in favor) Planner Genatossio would like to send the Zoning; Board of Appeals a copy of the letter received from the Executive Office of Communities and Development regarding variances which the Planning Board received. Brown, Susan S.-'Creedon Street The applicant of this variance is Susan S. Brown. This variance request is to erect an office building on a -lot on Creedon Street which is located in a General Businessland Residence A Zone, said use being non -conforming in a Residence 'A Zone.The proposed building is to be 50 feet by 88 feet, one-story wood building 4400 square feet. The present use of the premises is residential; the proposed use is for an office building. The extent of the proposed altera- tions is to erect a 4400 square foot office building which a portion would be placed within a Residence A Zone. The grounds for exception is that the zone line runs 'through the property which limits the full use of the property. A wooden fence and bushes provided along property, lin for ;buffer. Proposed Planning Board's Minutes December 11, 1985 Page 6 building would be over the zone line. Motion: To send a negative recommendation to the Zoning ,Board of Appeals on the application of Susan S. Brown for a variance on Creedon' Street based on the fact that a business use should not be allowed in a Residance A Zone. (Genatossio - Fiore - All in favor) 11. Camelot at Mansfield - John Thompson and Williams Street Residents John Thompson, 92 Williams Street, approached the Planning Board and asked if the Camelot at Mansfield Subdivision was approved at the last Planning Board meeting as it was stated in the paper. Chairman Brugliera explained to Mr. Thompson that the Board did not have to approve this plan because it was already approved approximately ten (10) years ago; all the Board was doing was asking for some revisions on the plan.Mr. Thompson would like to know if any determination was made regarding the mineshafts which exist on this property.` Planner Genatossio stated that no determination was made on these mine shafts. Mr. Thompson stated that in future years if anything should happen to anyone on this property due to those mine shafts, he will testify against any boards or committees that approved these plans. Mr. Thompson also stated that he believes that cluster development would prove to be a good benefit for the whole town, but he believes that the Planning Board should look at bringing this article to Town Meeting them- selves instead of having a developer bring it to Town Meeting,because if the developer does present this to Town Meeting, the Town is only going „to see the positive aspects of this provision. 12. Discussion of Strategic Planning Grant Planning Director Callinan stated that he has been working on an application for the Strategic: Planning Grant which would be for $30,000.00 and this; would serve as an update for the Master Plan. He stated that the need for afforda- bility housing is the basis for this grant and he would like some discussion or a motion on the submission of this grant,` application. Motion: To endorse the Strategic Planning Grant', application. (Fiore -<Doucette - All in favor) Planner Bachman would like to know if there is a difference between the Master Plan and the Comprehensive Plan. 'Planning Director Callnan stated that there! is`a difference in the fact that the Comprehensive Plan is more of a working pro- gram for the Town. Planner Genatossio stated that she believes it is something that the Board of Selectmen should be working on not the Planning Director. Planning Director'Callinan stated that under the Home Rule Charter, it is also the Planning' Board's responsibility to update the Master Plan which the Comprehensive Plan is in a way, it is a;program rather than a report which the Town can implement. It basically updates the Master Plan. The Planning Board' felt that it was a good idea to update the Master Plan and, therefore, will endorse this grant. *Planner Genatossio left the meeting immediately following this discussion. Planning Board's Minutes December 11, 1985 Page 7 13. "Form A" plan - Harris, Nicholas C. Jr. - Gilbert Street The applicant of this "Form A" plan is Nicholas C. Harris Jr. This "Form A" plan consists of a parcel of land on the 'westerly side of Gilbert Street. The reason this plan does not constitute a subdivision is because there is adequate area and frontage on a public street. The Planning Board reviewed this plan and it seems to conform to all the items on the checklist. Motion: To sign the "Form A" plan for Nicholas C. Harris, Jr. on Gilbert Street. (Boldrighini - Doucette All in favor)', 14. Around the Table Planner Boldrighini asked what was happening with the IndustrialZoning' Committee. Planning Director Callinan stated'. that he has spoken with the Town Manager and $1,000.00 was appropriated for a budget for a secretary and supplies. This money will be coming out of the Planning Department's budget; he asked if the Planning Board had any objections to this money being appropriated from their budget. Motion: To have $1,000.00 from the Planning Department's budget be appropriated for the Industrial Zoning Committee. (Fiore - Doucette - All in favor) Chairman Brugliera`informed the Board that they will be losing their clerk at the first of the year because Clerk Doucette has"decided -not to apply for the Planning Board for another term. ,'Chairman Brugliera stated that he would like the Board to start'! thinking about who they would like to ;appoint for Clerk for the remainder of the year. Planning Director Callinan stated that the Board will have to meet at least onel time during the two (2) weeks of Christmas and New Year's because both these holidays fall on a`Wednesday. The Board decided to hold their meeting on the Mondays before each of these holidays. 15. Public Discussion No comments at this time. 16. Date of Next Meeting is Tuesday, December 17, 1985, at 7:30 P.M. 17. Meeting adjourned at 11:00 P.M. .CLERK ad- /-a DATE I