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HomeMy WebLinkAboutPlanning 05/05/1982AGENDA TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 PLANNING BOARD MAY 5, 1982 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report (a) Correspondence (b) Minutes of April 28, 1982 3. Warrant 4. Visitor's Agenda 7:45 Margo Jellinek 8:00 Eugene Boyle - Off -Street Parking 8:15 Robert Bogdanchik - Variance Request 5. Old Business (a) Surplus Material Permit - Maple Street - 5/19/82 (b) Site Plan - Wood Avenue - 5/12/82 6. New Business (a) Around the Table (b) Status of Plans 1. Form A Plan - Ken Larsen - Chauncy Street 2. Form A Plan - Allen Brown - Branch Street (c) Correspondence (d) Date of Next Meeting (e) Public Discussion 7. Adjournment PLANNING BOARD AGENDA May 5, 1982 Present: Chairman Seifert, Clerk DeGirolamo Planners: Brugliera, Genatossio, Flynn, and Kaufman Planning Director Folkman 1. Meeting called to order at 7:30 P.M. 2. Correspondence Copy of a letter from Paul Folkman to Judee Shupe regarding Circle "M" Realty Trust. Letter to Bertram Cook and Paul Folkman from David T. Gay regarding the Zola Family's request for a surplus material permit. Memorandum from Paul Folkman to the Planning Board regarding sub- division performance guarantees. Copy of the building construction report for the month of April. Copy of the special permit decision for Robert Chavaree and Allen Willis. Letter from Allen Willis and Robert Chavaree to the Planning Board regarding a request for a one year extension for Cabot Pond. Letter from John Pitas to the Planning Board requesting an extension until May 19, 1982 for Dr. Massand's site plan review. Copy of a letter from Mitchel Seifert to the Zoning Board regarding the board's May 4, 1982 decision for Robert Bogdanchik's variance. Form A Review Checklist - Alan Brown - Branch Street Form A Review Checklist - Kenneth Larsen - Copeland Drive Copy of a letter from Mitchel Seifert to Charles Mulcahy regarding the legal status of Wood Avenue. Copy of a letter from Mitchel Seifert to the Zoning Board regarding the board's recommendation on William Miller's request for a variance. Copy of a letter from Mitchel Seifert to Bertram Cook regarding the board's recommendation on the Recreation Commission's request for a surplus material permit. Copy of a letter from Mitchel Seifert to Bertram Cook regarding the board's recommendation for the Newport Creamery site plan. Planning Board's minutes May 5, 1982 Page 2 Applications from Edward Tartufo, Rodney Stearns, and Irlene McIntosh for the available positions on the Downtown Advisory Committee. Copy of the R.S. Means Company, Inc. order form. Literature from Christine S. Becker regarding Economic Development: Building A Strategy. Copy of a legal notice from the Foxboro Board of Appeals. A hearing will be held on May 19, 1982 to hear the following petitions: 7:45 - Helen Merigan - variance to construct a multi -family dwelling at Elm Street. 8:10 - John Morley - variance to construct a multi -family dwelling at Cocasset Street. Copy of a legal notice from the Attleboro Board of Appeals. Hearings will be held on May 13, 1982 to hear the following petitions: Chester Cekala - special permit to extend an existing nonconforming use at 997 S. Main Street. Old Colony Petroleum - exemption to install a canopy over gas pump islands at 644 Pleasant Street. 3. Minutes of April 28, 1982 Motion: To approve (Flynn - Kaufman, all in favor) VOTED 4. Wood Avenue Extension Chairman Seifert said the board received an extension for Dr. Massand's office building located at 44 Wood Avenue because the board is still waiting for Charlie Mulcahy's reply. 5. Allen Willis and Robert Chavaree - Extension Chairman Seifert and the Planning Director reviewed what the board did two years ago regarding Cabot Pond. Because two years has passed, there needs to be another public hearing. Motion: To ask the applicants to advertise for a new public hearing (Brugliera - DeGirolamo, all in favor) VOTED 6. Margot Jellinek Margot Jellinek appeared before the board and read two sections from the Environmental Handbook for Massachusetts Conservation Commissioners. The first section was entitled land in agricultural use defined, and the second section was entitled land in horticultural use defined. These two sections are in regards to the Zola family's surplus material request. 7. Eugene Boyle - Off -Street Parking Eugene Boyle appeared before the board and presented a proposed preliminary site plan. Planning Director said the land has been subdivided, and a por- tion of it was sold to Cumberland Farms. It is proposed that a shopping center will be coming in. The gross lot area is 72,246 s.f.; the total paved area is 50,834 s.f.; the total stall area is 15,833 s.f.; the total service road area is 10,205 s.f.; the total manuvering area is 21,506 s.f.; and the total landscaped area is 5,250 s.f. Under the existing by-law to determine Planning Board's minutes May 5, 1982 Page 3 the number of off-street parking spaces for a retail use, you have to (1) take the area of the building and multiply it by three, and (2) divide that figure by 250. By doing this, you would need 192 parking spaces. Under the by-law which was proposed for Town Meeting, it requires five spaces per 1,000 g.s.f. of retail space. By doing this, you would need 80 parking spaces plus employee parking spaces. The applicant proposed 92 spaces, and 48,000 s.f. of paved area. The national average is 80 parking spaces. Mr. Boyle said he examined the parking section of the by-law, and he feels it is rather stringent. He said that when you have a 16,000 s.f. building, you are not going to use 16,000 s.f. for commercial. Space will be used for offices and storage. It is proposed that the employee parking will be on Chilson Avenue, and the public parking will be separate. Mr. Boyle asked for a concensus of how the board felt. He said that if they didn't approve of the proposed number of parking spaces, they did not want to proceed with the detailed site plan at this time. Planning Director said that they would have to pave three to one and then meet the national standards. The board looked at Ken Larsen's and Paul Boyden's site plans and compared them to the pro- posed plan regarding the parking. Chairman Seifert said he thought the board cleared up this matter with the proposed by-law for Town Meeting. Planner Flynn said she would like to see Eugene Boyle adhere to the Zoning By-law, possibly make the building smaller. Clerk DeGirolamo said he was concerned with where the building sits on the lot. He said it is a low area, and there is some flooding. The final concensus of the board was three in favor and three opposed. Motion: To go to the Selectmen and ask them to post a Special Town Meeting. (Flynn - Genatossio, all in favor) VOTED Robert Bogdanchik - Variance The Planning Director explained to the board that Mr. Bogdanchik did not receive a letter giving him the opportunity to appear before the board to explain his request. Mr. Bogdanchik appeared before the board and said he is asking for a variance on the frontage. He has 60 feet of frontage. The land was given to him by his father. He has in excess of 3/4 of an acre in the back. It would be a single lot for himself. Walter Bogdanchik, Jr., and Walter Bogdanchik, Sr., own the abutting lots. The proposed house would be setback substantially; therefore, if a road came through, he would transfer his frontage to the new road, and he would then conform to the by-law. There are 18 1/2 acres remaining on the lot. There was some discussion regarding the town's interest in the remaining land for water supply purposes. Motion: To recommend in favor to the Zoning Board of Appeals provided that the house be setback so that if a subdivision/road comes through in the future, the house would meet the frontage re- quirement. (Kaufman - Brugliera) In favor - DeGirolamo Opposed - Flynn and Genatossio 9. Surplus Material Permit - Maple Street Chairman Seifert said that the board is still waiting for material to come back from Charlie Mulcahy. Planner Genatossio said she looked under Chapter 61A, Classification and Taxation. She asked if he is going for an exemption of 61A, what state law is he asking to be exempt from. Planning Director said he is asking to be exempt from the surplus material permit. The point the board is at is that the Planning Director has read the applica- tion, and asked Peter O'Brien to bring in all the required information as Planning Board's minutes May 5, 1982 Page 4 { stated under Chapter 61A. Peter O'Brien has talked to the forester, and the forester will be walking the land with the Planning Director on Monday. 10. Around the Table Clerk DeGirolamo requested that the board look at different areas in town to determine where sidewalks are needed. Planner Genatossio asked if there were any gravel removal operations up for renewal. Planning Director said Ash. Planner Genatossio asked if the board was going to get a list of them. Planning Director said he can provide a list for the current ones, and he could get a copy of the old ones, 20 years. Planner Genatossio also asked if Boro Sand and Stone had planted seed- lings. Planning Director said he was out there with Bert Cook, and they had planted all the seedlings. Motion: To send a letter to the Selectmen requesting that if an arcade by-law is being considered again, that they name the business districts these will be allowed in rather than the business districts where they will be prohibited. (Genatossio - Flynn) In favor - Brugliera and DeGirolamo Opposed - Kaufman Planner Brugliera said that it was two weeks ago that the board asked for an extension for Dr. Massand's office building. It was pointed out that another extension has been submitted. He also asked why the building permit was issued to Dr. Massand. Planning Director said he did not know the answer, and he should ask the Building Inspector. Motion: To send a letter to Bert Cook asking why a building permit was issued to John Piters in regards to Dr. Massand's office building on April 8, 1982. (Brugliera - Genatossio, all in favor) VOTED 11. Form A - Kenneth Larsen - Chauncy Street Planner Kaufman left the meeting. This Form A consists of a parcel of land located between Wood Ave. and Chauncy St., bounded westerly by Copeland Realty Trust, northerly by Davidson, northerly and westerly by Card, northerly by Chauncy St., easterly and southerly by Copleand Square, Inc., and southerly by Wood Ave. The reason the plan does not constitute a subdivision is that there are no new ways or roads being created. Planning Director said one of the owners wants to have a permanent right-of-way filed with the Form A. All items on the checklist were checked off. The entrance is on Rt. 106. The buildings are not shown because they are going to be removed. Motion: To sign the Form A (Genatossio - Brugliera, all in favor) VOTED Planner Kaufman re-entered the meeting. 12. Form A - Allen Brown - Branch Street This Form A consists of 91,684 s.f. of land. The reason it does not constitute a subdivision is all lots have frontage on an existing street. Planning Director said they would like to draw a line down Lot 153 to create a new Lot 163. The only item on the checklist which was missing is the rear yard designations are not shown. Motion: To sign the Form A (Kaufman - Brugliera, all in favor) VOTED Planning Board's minutes May 5, 1982 Page 5 The Planning Director informed the board that there is a possibility that they will be meeting jointly with the Downtown Advisory Committee next week so that Michael Everett can make his final report. This will hopefully include a Main Street film. 13. Correspondence Memorandum from Paul Folkman regarding Subdivision Performance Guarantees Circle C Estates - The letter of credit is at Brookline Trust in the amount of 13,696.45, and it expires June 30, 1982. The Planning Director informed the board that there has been problems with the roadway. He said he spoke with Judee Shupe in October, and he also wrote her a letter regarding the problems. They were suppose to fix them, although they have not. Judee Shupe is claiming that the board can't use the $13,696.45 to make the necessary improvements on the roadway. If the board requests an extension 30 days before it runs out, the bank has to extend it. Motion: To extend the letter of credit (Brugliera - DeGirolamo, all in favor) VOTED Cedar Meadows - The letter of credit is at Norwood Cooperative Bank in the amount of $40,139.10. A renewal is possible in July. The Planning Director recommended that the board wait to increase the amount as the developer has indicated that additional improvements will be installed this spring. Elmwood Park - The letter of credit is at Norfolk County Trust in the amount of 33,225.16, and it expires July 9, 1982. The Planning Director recommended increasing the amount to $44,798.96 as outlined in a memorandum dated March 15, 1982. He also pointed out that the letter of credit has not been revised in the past three years. Motion: To send a letter to Norfolk County Trust increasing the amount to $44,798.96. (Kaufman - Flynn, all in favor) VOTED 14. Public Discussion Margot Jellinek said she would like to have the letter from Gay and Gay read to her. Chairman Seifert read the letter. Margot Jellinek also asked how close the well is to Robert Bogdanchik's proposed house, since the town is interested in buying the back land. Planning Director said he did not have the answer. 15. Date of Next Meeting is May 12, 1982 at 7:30-PM- 16. :30_PMr 16. Adjournment 9:30 P.M. DATE CLERK