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HomeMy WebLinkAboutPlanning 05/19/1982PLANNING BOARD AGENDA May 19, 1982 1. 'Meeting called to order at 7:30 P.M. 2. Clerk's Report a) Correspondence b) Minutes of May 12, 1982 3. Warrant 4. +Visitor's Agenda 7:50 - Margot Jellinek`- Proposed Pond - Shepard/Nelson 8:00 -`Peter O'Brien -`Zola Family's Surplus Permit 5. Old Business (a) Surplus Material Permit-iMaple St. - 5/26/82 (b) Site Plan - Wood 'Avenue -,i 5/19/82 6. New Business (a) Around the Table (b) Status of 'Plans (c) Correspondence ,(d) Date of Next Meeting (e) Public Discussion 7 Adjournment PLANNING BOARD MINUTES May 19, 1982 Present: Chairman Seifert, Clerk Brugliera' Planners:Flynn and Genatossio Planning Director Folkman 1 Meeting called to order at 7:30 P.M. i 21 Motion: To have Joseph Brugliera be clerk (Genatossio - Flynn, all in favor)' VOTED 3. Correspondence Site plan checklist - G. P. Massand - Wood Avenue Memorandum from Paul ;Folkman,to the Planning Board regarding the Zola family's surplus material request. Copy of the Board of 'Health's minutes dated 'April 14, 1982. Copy of a memorandum from SRPEDD to the Planning Board regarding a :pro- posal'to establish a Regional Water Supply District. Copy, of a decision from the Zoning Board of Appeals for William F. 'Miller.' (Granted) Copy of a decision from the Board of Appeals for the Mansfield Housing Authority - Bicentennial Court Project - Comprehensive Permit. (Granted) Copy of a letter from Mitchel Seifert to the Board of Appeals regarding the board's recommendation for the variance request by Dominic & Diane Cimino. Copy of a legal notice from the Town of Foxboro. A public hearing will be held on May 25, 1982 at 8 P.M. in regards to site plan approval in the case of Stadium Management Corporation. Copy of a decision from the Board of Appeals for the Mansfield Housing Authority -'Park Court Project - Comprehensive Permit - (Granted) Pamphlet from Reston Publishing Company soliciting a new guidebook entitled Materials of Construction. i Planning Board's minutes May 19, 1982 Page 2 Booklet from Tufs University regarding New England Environmental network news. Copy ,of a letter from Paul Folkman to Michael Coppola, Chairman of the Foxboro Planning iBoard, iregarding Canoe River Estates.'< Article from the Sun Chronicle dated Monday, May 10, 1982, entitled "Conditions listed for subdivision by Foxboro Board". Article from a newspaper entitled "Planners Reorganize". This article lists the Foxboro Planning Board's new chairman, vice chairman, and clerk; says they have decided to meet weekly instead of twice a month; and explains their proposal for a full time or part time Planning Director. Booklet from Sumner, Hans & Associates entitled Creative Economic Develop- ment for the 80's. 4. Minutes of May 12, 1982 Motion: To approve as amended (Flynn - Genatossio, all in favor) VOTED' Planner Flynn said she would like the following added to the minutes of last week: That she asked Paul to send a copy of the letter announcing the bikeway to the Conservation Commission and to see if the green belt areas could be added. 5. New England Telephone bill in the amount of $41.91 Motion: To 'pay (Flynn - Genatossio, all in favor) VOTED 6. Downtown Advisory Committee's vancant positions Chairman Seifert informed the board that the following people have sub- mitted an application for the DAC:Nick Anagnos, Paul DeGirolamo Robert Grazewicz, Irlene McIntosh, Jerome Spiezio, Rodney Stearns, and Edward Tartufo. Chairman Seifert also read the reason each applicant gave regarding why they feel they are qualified. Ballets were passed out to each member to vote on four applicants. The four applicants selected are: Rodney Stearns, Edward Tartufo, Jerome Spiezio, and Nick Anagnos. 7. Margot Jellinek - Shepard/Nelson's proposed pond.> Margot Jellinek appeared before the board and said that there is no exemp- tion for Mr. Shepard for a farm pond. She said that Mr. Shepard said that there was a depression in the land, and it was dry in the summer. Margot found out that when he built his barn, he filled this depression in. She presented the board with a', Form A plan, which was :signed in 1977. She pointed out; that there is no pond shown on the Form A. Again she said the depression was filled in. She pointed out that he always'; farmed there, and the land he wants to dig up is'4 2 acres. Then he would add the land of Mr. Nelson, which is not Agricultural and remove the 50 foot buffer. This would make it'a great pond. This pond would then exceed 10 acres. -If a pond is over 10 acres, access has to be provided for everyone. She pointed out that there is no way of providing access roads. She presented the board with the flood plain map and showed the members that the 'property is located Planning Board's minutes May 19, 1982 Page 3 in a'flood area. At this point, the Planning Director said that Willis and/or Chavaree have, not requested anything related to Mr. Shepard's and Mr. Nelson's proposal. B. Peter O'Brien - Zola Family's Surplus Permit Request The: Planning, Director said that alot of informationhas been collected, and he has summarized all correspondence in Appendix A, a copy of which all members were presented with. He pointed out that any particular item which needed to be 'discussed in detail, could be. He also had copies of the sections of the MGL which applied to the exemption.'- As per his memorandum, he said the=Zolas are contending that they :are exempt from the special permit requirements as per a section of the MGL which says that a by-law cannot unreasonably regulate agricultural and horticultural' uses. He pointed out the two options which the board; had: (1) If the board deter- mines itis a horticultural use and they are exempt, a positive recommenda- ecommenda-tionrwould tion wouldbe sent to Bertram Cook, and (2)' If the board determines that this is not :a horticultural use, a negative' recommendation is sent to Bert Cook with the explanation. At this point, the Planning Director went through his memorandum explaining the review of the past use of the pro- perty, and the review of the future use of the property. He also went through the items which have not occurred: no certification by a State Forester that the past cutting program is an approved cutting program, land not placed in a'tax exemption status, and notice of proposed cutting ; operation not filed with the Commonwealth. The Planning Director said he does not feel that the applicant has demonstrated enough information for the exemption, and he recommended that his memorandum be sent onto Bertram Cook 'with _the board's recommendation and reasons. Peter O'Brien said he agrees with what the Planning Director said initially. He feels the big question is what is a horticultural use. He said that the sections of the 'MGL which the Planning Director quoted, he quoted the same sections in a letter to Bertram Cook. He said that because of re- evaluation, the Zola's are getting hurt. He said they own over 100 acres. He said that Mrs. Zola will, go along with tying up the land for 10 years by putting it in a forestry' trust. He also said that the Zola's are willing to comply with the by-law as long as it will not hamper the land or cause' them financial problrems. Planning Director said that if all the documentation and certification was presented, as per the MGL, he would support this. Motion: To send a negative recommendation to Bertram Cook, and also along with the letter, send a copy of the Planning Director's memorandum. (Flynn - Genatossio, all in favor) VOTED 9. Site Plan - Wood Avenue Chairman Seifert read the letter from Charlie Mulchay regarding the legal' status of Wood Avenue. In this letter is states that the town cannot impose minimum standards for the use of water, fire, or street conditions including drainage and curbing. Planning Director said there has been some changes on the site plan based on his review. One space at the entrance and one space at the exit have been removed. These two spaces have been replaced with landscaping. He said there is still some discussion regarding the water, i.e. where it'stops,and how it can be connected. w Planning Director said that there is an approved sewer connection; however, Planning Board's minutes May 19, 1982 Page 4 it is on hold because several businesses and land owners ,are proposing to :extend the sewer connection. There's also a proposal to extend the sewer connection from Cabot, Cabot & Forbes. These proposals have been sent to Camp, Dresser & McKee. John Pitars said that they are proposing to put a 1 14 inch water main service in. *Planning Director left the Planning Board meeting to meet with the Board, of Selectmen. Planner Genatossio asked John Pitars if they were in favor of adding a hydrant. Mr. Pitars said that he hasn't talked to Ken Larsen yet. They are still negotiating. Mr. Pitars also said he has not been to the Water Commission yet. He said the landscaping would be wood chips and shrubs. Motion: To send a favorable recommendation to Bertram Cook to approve the site plan contingent upon Item D on the site plan checklist, which is if the system is to be connected to the sanitary, sewer system, the invertelevations of existing and proposed sewer lines shall' be shown. Also the board stron 1 recommends that the water 'main service be larger than 1 4', inch, the asphalt be completed to where it is shown on the plan, and a fire hydrant be added. (Brugliera - Genatossio, all in favor) VOTED 10. Correspondence There are four Zoning Board of Appeals' applications which will be taken up at the next meeting. All of the applicants have been notified, by letter, that the board will be discussing them next week, and they have been invited to be present while the board is discussing them. 11. Date of Next Meeting is Wednesday, May 26, 1982 at 7:30 P.M. 12. Public Discussion ' Margot Jellinek said that ever since Mrs. Zola has been in Mansfield, she has bought land'. She found out that she cannot build a subdivision. ` Up to now, she has done financially very well. It: is not la hardship at this moment. Margo Fisher pointed out that when the consultants were at the meeting ` last week, they enphasizedkeeping ,business in Mansfield and supporting the center/downtown. She then asked why the buildings are being put up on the perimeter of the downtown. There was some discussion regarding what types of buildings should be located in the downtown' compared to the types of buildings which are being located on the perimeter. There was also some discussion regarding parking and accessibility in the down- town area. Planner Genatossio asked if the board had anything else to do on the parking by-law which is proposed for a Special Town Meeting. Chairman Seifert said the board was all prepared. Planner Genatossio also asked if the board was ,going to start working on anything new. 'It was suggested to bring the board's list of things to do to the next meeting. Planning Board's minutes May 19, 1982 Page'5 13. ;Adjournment 8:55 P.M. l� D