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HomeMy WebLinkAboutPlanning 03/17/1982PLANNING BOARD AGENDA March 17, 1982 Meeting, called to order at 7:30 P.M. 2. Clerk's Report (a) Correspondence (b) Minutes of March 10, 1982 3. Warrant 4. Old -Business (a) Status of Plans 1. Bonwood Corp. - Special Permit - Fairfield Park April 14, 1982. 2. Town Meeting Articles Zoning By-law Amendment - Off -Street Parking Zoning By-law Amendment - Amusement Arcades Industrial Rezoning Karl Clemmey Rezoning - Copeland Drive 5. New Business (a) Around the Table (b) Status of Plans (c) Correspondence (d) Date of Next Meeting (e) Public Discussion 6. Adjournment PLANNING BOARD MINUTES March 17, 1982 Present: Chairman Kaufman, Clerk Seifert Planners: Flynn, Genatossio, Brugliera*, Parsons*, and DeGirolamo Planning Director Folkman 1. Meeting called to order at 7:30 P.M. 2. Correspondence Memorandum from Paul Folkman to the Planning Board regarding off-street parking Industrial land uses. Memorandum from Paul Folkman to the Planning Board regarding Article 61, Copeland Drive Rezoning, and Article 52, Industrial Rezoning. Copy of a letter from EOCD to the Planning Board regarding HUD Small Cities Community Development Block Grant Program. Notice of a public hearing regarding subdivision fees. Letter from Mr. & Mrs. Kay, Mr. & Mrs. Phillips, Lester Mcrioldrick, and Mr. & Mrs. Backman to the Planning Board -regarding the Fairfield Park drainage. Copy of a letter from Paul Folkman to Edward Stivaletta regarding Erick Road. Copy of a decision from the Zoning Board of Appeals on the application of Mary Ann Piccoli-Botti. (GRANTED) Meeting notice from the League of Women Voters regarding opening access to employment for women and minorities: Progress in the 70's, problems facing the 80's. The meeting will be held Wednesday, April 14, 1982 at the Federal Reserve Bank of Boston. Brochure entitled Construction Claimssponsored by the Polytechnic Institute of New York. ___ Pamphlet regarding Small Farms Day. Pamphlet regarding the Gypsy - Moth -Brochure entitled Leasing: Techniques and Analysis_ sponsored by the American Management Associations. Notice from the Massachusetts Federation of Planning Boards regarding the southeast area spring conference. Planning Board's minutes March 17, 1982 Page 2 ` Copy of a legal notice from the Sharon Board of Appeals. A hearing will be .held on March 18, 1982 at 8:30 on the application of Marshall Brickell for a variance to build a house which will not have proper frontage. Copy of a legal notice from the Town of Foxboro. A hearing will be held March 30, 1982 at 8:00 regarding the site plan approval in the case of John Moynihan on land off the northerly side of Cocasset Street. Copy of a legal notice from the Foxboro Planning Board. A hearing will be held March 18, 1982 at 8:00 on the application of Blanchard Realty Trust for approval of a Revised Definitive Subdivision plan entitled "Canoe River Estates" Copy of a determination of applicability of the wetland protection act from the Conservation Commission for the Mansfield Housing Authority (Fairfield Park). The Conservation Commission determined that the area shown on the plans is not subject to the act. Copy of a wetlands protection act certificate of compliance from the Conservation Commission for a project located on South Street. Invitation to Paul Folkman from SRPEDD regarding a forum with Community Leaders on Marketing Southeastern Massachusetts. Brochure from the International City Management Association entitled The Practice of Local Government Planning. Meeting notice regarding southeast water supply to be held March 25, 1982 at 7:30 in the cafeteria of the E. Pole School, Taunton. The meeting is sponsored by the Zoning, Land Use, Environmental Planning Committee Minutes of March 10, 1982 Motion: To approve (Seifert - Defirolamo, all in favor) VOTED Planner Genatossio pointed out that the appointment for a SRPEDD representative is done after the Annual Town Meeting. 4. Bill from Tibbetts Engineering Corporation for three prints of the Town Map in the amount of $25.00 Motion: To pay (Genatossio - Seifert, all in favor) VOTED Article 61 and Article 52 Each board member received a copy of a memorandum from the Planning Director which listed his recommendations for these articles. There was some discussion regarding spot zoning. Planning Director said he looked through a letter written by Town Counsel last year, and in the letter there was no firm decision. It is a gray area. It is the Planning Director's opinion that the board is able to spot zone. Chairman Kaufman pointed out that if the board has a rational reason to spot zone, they should. In reference to the Planning Director's recommendations, Planner Genatossio asked what detriment edould it be to industries if the board rezoned all the property to Residence A and made the existing industries non -conforming. Planning Director said he doesn't think the,/ need to add an additional requirement by making them non -conforming. By doing this, every time the non -conforming Planning Board's minutes March 17, 1982 Page 3 industrial use wanted to expand they would have to defend their reason and. appear before the Zoning Board of Appeals. * Planner Brugliera entered the meeting. Chairman Kaufman pointed out that the land was zoned Industrial, and companies bought the land and put up a building (s). Planner-Flyhn'said she thinks the board should take the oportunity to convert land• back into Agricultural except Sweet and Richardson!-' In reference to Parcel '!o. 1, it was the concensus of the board to leave Sweet and Richardson in Industrial and rezone the rest of the parcel to Agricultural. In reference to Parcel No. 2, it was to concensus of the board to leave Mr. Wolf's property, which consists of Lots. 10 S l'3, in Industrial and to rezone the rest of the land to Agricultural. Planning Director explained the proposed rezoning for Parcels Nos. 4, 5, & 6 on the map. * Planner Parsons entered the meeting. In reference to Parcel No. 4, it was the concensus of the board to keep Compo/ Ispo in Industrial. There was some discussion regarding Frank Allen's land. Planning Director said that he feels that Frank is looking for something other than Industrial. He is looking for a zone to put ;up condominiums when the sewer comes ,through. He said that at a later time, it may be rezoned out of Agricultural. Planner Parsons said he feels that Frank Allen's land should be taken out of Industrial and zoned Agricultural. Then if he comes back to the board in the future, the board may rezone the land. It was the concensus of the board to leave Comoo/Ispo in Industrial and rezone the rest of Parcel No. to Agricultural. It was the concensus of the board to keep Parcel No. 5 as proposed, Parcel No. 6 will be rezoned into Residence A because all the land near �­: is Residence A, and Standard Metals is relocating. Clemmey Rezoning - Copeland Drive Motion: At Town Meeting, the board support this article. (Seifert - DeGirolamo, all in favor) VOTED Planner Flynn abstained. 6. Fairfield Park In reference to the drainage off of Fairfield for the leaching basins, Planning Director pointed out that Ralph Maloon doubled the perk tests, and Camp, Dresser & McKee used.the actual perk tests. He said that :the results were very close, and the math and the formulas were correct. Planning Director said that in Camp, Dresser & McKee's letter, it states that the leaching basins should be tied together. Ralph Maloon has complied with this so they are now tied together. Planner Genatossio said she would like the developer to go for b, construct drain- age system without leaching catch basins and tie flows 'from the system into a separate pipe drainage system discharging downstream of East Street, because the home owners are going to have to maintain them. Planning Director pointed out that either way the basins have to be maintained because they will fill up with debris. He said that the leaching basins will fill up quicker, but they both have to be maintained. Clerk Seifert said he feels the leaching basins are the best because they not only catch debris, -:but they also put water back into the ground. Planning Director said the next improvement is the new line will be constructed, and it will join the 24" line at the East Street catch basin and tie directly into the squash pine. He said the downstream ditch will be enlarged along,the.right-.of-way from�Eas.t Street to the Back Bav *becaU�e of the lack of_ services and roads. Planning Board's minutes March 17, 1982 Page 4 Brook, and it will be able to accommodate the Back Bay drainage and Fairfield drainage. Planner Genatossio said she spoke with Mr. Requena and asked him if a cement bottom would be better. She said he thought it would be. Planner Parsons said by doing that, the water would not go back into the ground. He also said he would like the ;dans to show that they will be loam & seeded. The board went through the proposed special permit. On Page 6, Section 3 (a) Planner Genatossio suggested to change the wording regarding the approval of the buildings to read final plans shall be submitted to the Planning Board for their approval instead of final plans shall be submitted to the Planning Board during site plan review. *Planner Parsons left the meeting. In reference to Page 7, Item G - Circulation/Parking Design, the Planning nirector said that if it were necessary to implement the two-way traffic system, it would be necessary to remove one parking space at the East Street entrance, the size of traffic control islands reduced, senior citizen's barking changed from u'lo to 90o, and add a senior citizen identifying graphic. A narking sticker:sys'ter maybe used to set apart the senior citizen Dar king spaces. .Chairman Kaufman suggested that the wording of the last sentance which reads these modifications are allowed and shall be based upon items outlined in Exhibit FF be changed to these modifica- tions may be allowed and shall be based upon items outlined in Exhibit FF. Planner Genatossio pointed out it should be if the Chief of Police agrees, with the two-way traffic change. Planning Director said that the Chief of.Police is onposed to the one-way traffic right now. He would like it to be two-way traffic. The question of who would nay to implement the two-way traffic system was brought up. Chairman Kaufman suggested adding these modifications, if allowed by the Planning Board, will be paid for by the easement owners. Planning Director said there is noinq.to be a lease drawn up.Planner Brugliera asked if this would be incorporated into it. Planning Director said yes, it will be incorporated into the lease. Fie said he is drafting the easement. Fie said the section on parking modifications could be referenced in the easement agreement. The sewer permit has not come in yet. Planning Director said this is the Town Manager's and his fault. When the project was first submitted, the Bonwood Corn. was ready to submit their sewer permit. Paul and Chadwick said they would J ust transfer the permit from the MB Group. Somewhere that changed, and it was decided to oet two separate Permits. One for the Bonwood Corp., and one for the Housing Authority. By doing this, everything on file at the state level will be in the name of the people who are building. The special permit states it is subject to the sewer permit, Planner Genatossio said she feels that a bond should be posted for the Old Colonv right-of-way, and it should be referenced in the special permit. Planning Director said he disagrees because there will be a legal agreement between the Town of Mansfield ana, the Bonwood Cor D., which the Town will sign. It is owned by the Town, and it will be un to the town and easement agreement to have adequate guarantee so that it will be constructed as per the plans. Motion: That a mention of a bond for the construction of Old Colony Islay be added to the special permit. (Genatossio - Flynn Planning Board's minutes March 17, 1982 Page 5 Clerk Seifert said that this motion should be clarified. He asked Planner Genatossio if the bond would be simply for construction. Planner Genatossio said yes. Amended Motion Motion: That a mention of a performance guarantee with a 10 percent contingency which would be held for one ,year for the con- struction of Old Colony Way be added to the special permit. (Genatossio - Flynn, all in favor) VOTED Planner Flynn pointed out Exhibit G, which is a letter from Bill Handy dated December 15, 1982. In this letter it states that it is his opinion that the town should have an agreement to cover them in the event that the interceptor line has to be dug up. Planning Director said a letter has gone to Charlie Mulcahy with the concept. He said he would prefer to leave the easement agreement alone. He said that could be part of the easement agreement, and the Selectmen, Town Manager, and Town Counsel will include all items. Planner Genatossio said that the board has the authority to out a time period on the permit of not more than two years. Motion: The special permit will be issued for an initial period of one year. One renewal^for one year may be issued by the Planning Board as an extension of the original permit without a new hear- ing. - (Genatossio - Brugliera, all in favor) VOTED Planner Genatossio said she would like the special permit to be issued to the Bonwood Corp. only and not transferable. Planning Director said the whole thing, could be sold to someone else, but it has to be built according to the approved special permit. Chairman Kaufman said t',' -,,at Bonwood could sell their stock to someone else. Clerk Seifert said he didn't think it was necessary to out that in. Planning Director suggested adding a Transferable clause, Item No. 5. If this project is sold/transfered, it shall be built according to.the approved special permit. Chairman Kaufman said there is no sway ,you can stop anyone from selling stock in a corporation. Clerk .Seifert s&id the special permit is the board's protection. 16 reference to the time period motion, Planning Director asked if at the end of year two `the y have to come back for a new public hearing. Clerk Seifert said he thought Planner Genatossio was concerned that the project got started. Chairman Kaufman asked Planner Genatossio if she was concerned with the nroject getting started or finished, Motion: Move for reconsideration of the motion. (Seifert - DeGirolamo, all in favor) VOTED Motion: The special permit shall be issued for an initial period of one year. One renewal 'permit for one year may be issued by the Planning Board as an extension of the original permit without a new hearing. (Genatossio - Brugliera, all in favor) VOTED Planner Genatossio said that the site plan approval section bothers her because she thinks the Planning Board looses control, specifically the elevations. She feels the Planning, Board should not loose the control ,just to site elan review. She asked why the board couldn't have the final decision and not just a recom- mendation. Planning Director said the board could. Planning Board's minutes March 17, 1982 Page 6 Motion: That the special permit be amended by changing the last sentance in Item 3 (A) to read the final plans and elevations shall be submitted for approval by the Planning Board, omit site plan re- view. Then to change Item 3 (A) to Item 3, letting it stand alone. Item which was previously No. 3 will then become Item filo. 4. (Genatossio - Flynn, all in favor) VOTED Motion: Under 4 (C), Fencing, a sentance be added which would say that a 4 foot high vinyl covered chain link fence will be installed along the westerly and northerly boundaries of the interior parking lot. (Genatossio - Brugliera, all in favor) VOTED *Planner Parsons re-entered the meeting. Planner Flynn asked the Planning Director if he had talked to Bonwood regarding planting alonq the fence. Planning Director said he had,and there is a problem with maintenance, and they had talked about a vine like vegetation. Planner Genatossio asked if the board could look at the Home Owners Association once it is started. Planning Director said he though this is a legal question, and that he didn't know. Chairman Kaufman pointed out that they don't need it until they have their first sale. Planner Flynn asked how Bonwood plans to build. Planning Director suggested asking the developer. Chairman Kaufman asked Al Paglia if all the units would be built and then sold, or if they will be built and sold once they are .built. Al Paglia said the Bonwood Corp. will be putting in a foundation, and then selling the unit. He said the plan is to build all the condominiums first and then the apartments. Chairman Kaufman asked about the time schedule. Al Paglia said that depends on sales, but he wouldthink within two years. At this point, Chairman Kaufman asked for a concensus. The`concensus of the board was to approve the special permit. Motion: To approve the special permit as amended (Seifert - Parsons Planner Flynn asked the Planning Director if he had spoken to the Selectmen, Board of Health, and the Building Inspector, and if"so, di'd,tliev have any recommendations. Planning Director said no. lie said that Bertram Cook was in- volved in the initial density problem. Since that time, he has just been peripherally involved, and he has seen the revised plans. Planning Director said he will be going in to speak with the Board of Selectmen on the 31st. If the board doesn't have the easement document, they will just have to review with a letter and not a legal agreement. Planner Genatossio said she would like to see all the changes on the special permit first. Motion: To approve the special permit as amended. (Seifert - Parsons, all in favor) VOTED 8. Henley -Lundgren Bond. Planning Director informed the board that the Henley -Lundgren Company had called and wanted to know the status of the bond because they are paying on two bonds. Planning Director said that the actual bond does not say that they are disclaiming liability. It only says this on the cover letter. Motion: To approve (Seifert - Flynn, all in favor) VOTED EOCD Pamphlet Planning Director said he will be meeting with the Board of Selectmen on the 31st to discuss the preparation to apply for the neighborhood preservation grant. Planning hoard's minutes March 17, 1982 Page 7 He informed the board that the Town has been fortunate with grants. He asked the board to look it over. 10. Subdivision Fees Planning Director said this has to be filed at the Land Court, the Registry of Deeds, and the Town Clerk. Motion: To approve. (Parsons - Brugliera, all in favor) VOTED 11. Around the Table Planner Genatossio said she is still against the 400 feet in the Parking By-law. She said she would like the board to reconsider this. She feels Mr. Delage brought up a good point in that someone clay have to walk 600 feet— She would like that changed back to 200 feet. She also brought up the Willis Pond letter. There was some discussion regarding this. 12. Date of Next Meeting is March 24, 1982 at 7:30 P.M. 13. Public Discussion Margo Jellinek pointed out that the letter regarding Willis Pond was not read out loud at last weeks meeting. Instead it was passed around the table because it was long. Margo Jellinek referenced the last sentance of this letter which reads that the project does not, and cannot be brought into compliance with Section 230.10. She pointed out that there was an advertisement asking for imput regarding Willis' Pond. The deadline to respond to this was Feb. 22. She said she is very unhappy that the board did not take this up. She said the board issued the permit, but did not take it up any more after that. 14. Meeting Adjourned at 10:30 P.M. 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