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HomeMy WebLinkAboutPlanning 02/10/1982PLANNING BOARD AGENDA February 10, 1982 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report (a) Correspondence (b) Minutes of February 3, 1982 3. Warrant 4. Visitor's Agenda 8:00 - Karl Clemmey - Rezoning Copeland Drive 8:15 - Thomas Malay - Special Permit Request 8:30 - Ken Malone - Variance Request 8:45 - Mansfield Housing Authority - Comprehensive Permits 5. Old Business (a) Status of Plans 1. Bonwood Corporation's Special Permit - Fairfield Park - April 14, 1982. 2. Peter Fontanini - Pond Development "as -built" (b) Town Meeting Articles 1. Parking By-law Amendments 2. Industrial Rezoning 3. Master Plan Revision Funding 4. Rezoning Petition - K. Clemmey - Copeland Drive (c) Master Plan Revision 6. New Business (a) Around the Table (b) Status of Plans 1. Form A - Cabot, Cabot & Forbes - Route 140 (c) Correspondence (d) Date of Next Meeting (e) Public Discussion 7. Adjournment PLANNING BOARD MINUTES February 10, 1982 Present: Chairman Kaufman, Clerk Seifert Planners: Brugliera, DeGirolamo, Flynn*, and Genatossio* Planning Director Folkman 1. Meeting called to order at 7:35 P.M. 2. Correspondence Copy of a letter from Donald Kaufman to Bertram Cook regarding J. P. Smith's site plan. Copy of a letter from Donald Kaufman to Paul Dalton thanking him for his hospitality. Copy of a wetlands protection act for Cabot, Cabot & Forbes. Memorandum from Dianne Royle to the Planning Board regarding the master plan update funding. Copy of the Conservation Commission's minutes dated January 25, 1982. Copy of a letter from Paul Folkman to Charles Mulcahy regarding the Henley - Lundgren bond replacement. Memorandum from Paul Folkman to the Planning Board regarding Whitman & Howard's ground water resource evaluation study. Whitman & Howard would like to meet with the Planning Board on February 17, 1982. Quote from B. L. Makepeace, Inc. for map reductions and enlargements. Letter from Kenneth DiNisco to Paul Folkman which lists information pertaining to the total land area compared to the building coverage. Copy of a legal notice from the Sharon Planning Board. A public hearing will be held on February 17, 1982 at 8:15 to review the proposed amendment to the Zoning By-law. Copy of a legal notice from the Foxboro Board of Appeals. Public hearings will be held on February 17, 1982 to hear the following petitions: 7:30 - Michael Landers - variance to allow a garage addition to 16 Everett Lane. 7:50 - Stop & Shop Companies, Inc. - special use permit to allow a storefront sign and a freestanding sign at 12 Commercial Street. Planning Board's minutes February 10, 1982 Page 2 3. Minutes of February 3, 1982 Motion: To approve (Seifert - DeGirolamo, all in favor) VOTED 4. Bill from the Mansfield Press for the subdivision hearing advertisement in the amount of $37.80 Motion: To pay the bill in the amount of $37.80 (Seifert - DeGirolamo, all in favor) VOTED ** Planner Genatossio entered the meeting. 5. Form A - Cabot, Cabot & Forbes - Route 140/Relocated Route 140 The property is located on the westerly side of Route 140 at the Mansfield/ Foxboro Town Line, bounded easterly by Route 140, southerly by Currivan, and northerly by the Mansfield/Foxboro Town Line. All lots shown have frontage on an existing street and conform to the Mansfield Zoning By-laws. Motion: To sign the Form A. (Seifert - DeGirolamo, all in favor) VOTED Karl Clemmey - Rezoning Copeland Drive Mr. Clemmey appeared before the board to explain his proposal to extend the General Business Zone. He owns three lots which total 26,000 square feet. These lots are presently zoned Residence A. He pointed out that Fernandez is next to his property, and Wendy's is across the street, and they are both zoned General Business. His proposal is to extend the General Business Zone onto his land which is presently Residence A. Planning Director said that the public hearing for this will be held on March 10, 1982 at 8:45. Motion: That action on this parcel take place after the public hearing. (Seifert - DeGirolamo, all in favor) VOTED 7. James Davidson - Variance Mr. Davidson appeared before the board to explain his request. He would like to add a two -car garage attached to his house, which is located in a Residence A Zone. The reason he is requesting a variance is because there is a 30 foot setback requirement, and if he builds a two -car garage, he will only have a 15 foot setback. The portion of Basin Street bordering the lot is not a continuous street but a cul-de-sac with two right-of-ways off of it. The Zoning Board of Appeals' application stated that the building of a garage 15 feet from the lot line on this side will not cause substantial detriment to the street or the surrounding property. Motion: To send a favorable recommendation to the Zoning Board of Appeals. (Seifert - DeGirolamo, all in favor) VOTED Peter Fontanini's pond development - "as -built" Planning Director said that Bert Cook would like to do a final field inspec- tion. He said that he has done the plan inspection and feels comfortable with the plans. He pointed out that the pond is not as deep as it was going to be, and it is a little bit smaller. Planning Director and Bert Cook will be writing a joint memorandum for the board. Planning Director spoke with Peter Fontanini and explained the delay. Peter Fontanini said he will prob- ably be able to come in the evening that the memorandum is presented to the board. Planning Board's minutes February 10, 1982 Page 3 9. Fairfield Planning Director said that the engineering firm will be Camp, Dresser & McKee. He pointed out that they have not walked the site yet, but they did a study of the drainage for the whole town 10 years ago. Planning Director said he went to meet with the engineers on Friday. The engineers needed more field information. They had a list of questions for Ralph Maloon to answer. Ralph Maloon just returned the list to the Planning Director Wednesday afternoon, and it will go out in tomorrow's mail. Planning Director pointed out that Camp, Dresser & McKee based their design on a five-year storm, and Fairfield is based on a 25 -year storm. He said that Fairfield may be lowered to a 10 -year to make it more com- patible with the surrounding area. 10. Thomas Malay - Special Permit - Christmas Barn Mr. Malay appeared before the board to explain his request for a special permit to construct an addition to the Christmas Barn which is located at 754 East Street. The reason he is requesting this expansion is because it is his sole means of income. The proposed addition is 1,152 square feet. The Christmas Barn is located in a Agricultural Zone. Mr. Malay said that he also lives here. The parking lot is 60 X 120; therefore, he does not intend to expand it. Motion: To send a favorable recommendation to the Zoning Board of Appeals. (Genatossio - DeGirolamo, all in favor) VOTED 11, Planning Director said that he met with the Finance Committee to present all the information on the master plan and explain why it needs to be updated. He went through the public hearings which are going to be held on March 10, 1982. He pointed out that the Selectmen are sponsoring an article to amend the Zoning By-law by adding a new section which would be amusement arcades shall not be permitted in the Downtown Business Zone. **Planner Flynn entered the meeting. Planning Director also said that the Selectmen are sponsoring an article to amend the Zoning By-law by adding a new Chapter XIV, Automatic Amusement Devices. This section presents a procedure for regulating automatic amuse- ment devices. 12. Motion: That the board meet with Whitman & Howard (Seifert Planning Director said that Whitman & Howard would like to meet with the board on February 17. They are looking for comments and discussions on how these maps could be utilized regarding the protection scheme. He said they will also be meeting with the Board of Health and the Conservation Commission. After they meet with the boards and commissions, they will meet with the Board of Selectmen. It was the concensus of the board to meet with Whitman & Howard on February 17, 1982. 13. Housing Authority - Comprehensive Permit The Housing Authority is seeking a comprehensive permit to add four duplex buildings and one maintenance garage to the complex located at Bicentennial Court, and to construct 41 one -bedroom apartments at 15 Park Street with 21 parking spaces. The Planning Director read a letter from Gerald Davidson Planning Board's minutes February 10, 1982 Page 4 which explains the comprehensive permit. In this letter it states that the comprehensive permit is only granted for projects funded with state or federal money. Also prior to the hearing, the Zoning Board of Appeals should send a copy of the application to various boards and committes for their review. All of the ordinary powers of these local boards and officials are preserved unless they unreasonably hamper the project. In this letter it also states that the Zoning Board of Appeals is allowed to override local zoning restrictions that may hamper the project and contribute to excessive costs. Planner Seifert said that there is no local control over a compre- hensive permit. Also that they ask for these permits in most elderly housing projects. Planning Director said that according to the Town's Zoning By-law, the elderly project would require 50 parking spaces, but the state feels that they don't need this many parking spaces; therefore, instead of working with each Town's By-law because they all differ, they use the comprehensive permit. Motion: To send a favorable recommendation to the Zoning Board of Appeals for both of the comprehensive permit. (Seifert - DeGirolamo - withdrawn Planner Flynn recommended that the board recommend against this motion because it takes control away from the local boards. Motion: That the board ask the Zoning Board of Appeals to look favorably upon the comprehensive permit for 41 one -bedroom apartments and 21 parking spaces. (SeiFert - DeGirolamo) In favor Brugliera Opposed - Flynn and Genatossio Planner Genatossio asked how the board could approve the comprehensive per- mit without the calculations from the engineering firm. Clerk Seifert pointed out that they are two different things. The comprehensive permit is for the elderly] and the calculations from the engineering firm are for the private housing. Because the elderly housing project cannot go up with- out the private developer, if the board desides to disapprove the special permit based on the calculations which the engineering firm presents, the elderly housing still will not go up; therefore, the Planning Board still has control. Motion: That the board ask the Zoning Board of Appeals to look favorably upon the comprehensive permit for the four duplex buildings and one mainentance gargge at Bicentennial Court. (Seifert - DeGirolamo) In favor Brugliera Opposed Flynn and Genatossio Planner Flynn asked why they need the comprehensive permit. Planning Director explained that it is not a subdivision, and the lots are not laid out. They are not going through the special permit hearing process. This is why they are coming in and seeking the comprehensive permit. Planning Board's minutes February 10, 1982 Page 5 14. Public Discussion Margo Jellinek said that she noticed in the paper that Frank Allen and Peter Fontanini were at the Planning Board meeting last week. She said that before they wanted to have the land rezoned from Industrial to Agricultural. Now it looks to her that they want it Industrial. Planning Director said that it is Industrial now, and they would like to keep it that way. Vicky Homes said that what she read in the paper was a misprint. She also said that the rubber dump was done by Donald Smith. She said the rubber dump consists of much more than just rubber tires. She said that other things were also dumped there. She also said that Mrs. Zaffini called her and asked her what she should do about a company which is going to park on land which the Big 4 has rented out. This land is located across from Maple Street. Margo suggested that she call the Planning Department before noon on Monday to be placed on the agenda. Planning Director said that Mrs. Zaffini came into the office. She said she heard a truck terminal was proposed, and she pointed out the land on the map. Clerk Seifert said that the proposed truck terminal, New Transportation, decided not to locate there. He also said that there are no trucks coming out of that area. Planning Director said that the area Mrs. Zaffini showed him is not the same location that New Transportation was proposed to be. It was the concensus of the board that they did not know anything about this subject. James Bachman said that at the Town Meeting when the Fairfield Project got off the ground, Mr. Seifert gave a good description of the proposed items. Tonight he heard the board speak of two separate comprehensive permits. In October the Town voted for the approval of Fairfield. What Mr. Seifert presented at Town Meeting was that there was a grant presented to the Town. The grant was for 40 + 8 units. Planning Director said that the low income family units were not going to be built on the Fairfield Property. The Housing Authority felt that Fairfield would not be the best family site. Bicentennial Court has more space. The 40 units for the elderly were pro- posed for the downtown. Planner Seifert said that the eight low income family units did not have anything to do with the Town vote. The vote was reconfirmation of the vote which was taken two years prior to develop the site in the downtown.. He pointed out the site which was proposed by the MB Group was much more dense. Wendy Kay asked if there is 40 or 41 units for the elderly. Planning Director said that there are 41. He said that this extra unit came about after the initial meeting with the architects when they redesigned. 15. Date of Next Meeting is February 17, 1982 16. Adjournment 9:25 CLE DATE