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HomeMy WebLinkAboutPlanning 11/03/1982PLANNING BOARD AGENDA November 3, 1982 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report (a) Correspondence (b) Minutes of October 27, 1982 3. Visitor's Agenda 8:00 - Kathy & Lawrence Cooper - Variance - John Street 8:10 - Tony Caponigro - Form A Plan - Elm Street 8:15 - Margot Jellinek - Michael Angela Estates - Foxboro 8:25 - Zoning Variances (as necessary) 4. Old Business (a) Status of Plans 1. Site Plan - Apple Tree Diner - Chauncy Street 5. New Business (a) Around the Table (b) Status of Plans 1. Form A - Prescott - James Street 2. Variance - Joseph Brugliera - Heather Lane 3. Variance - Mary Ann Gelenian - Ware Street 4. Variance - David Rea - Heather Lane 5. Variance - Paul Petersen - Grove Street 6. Variance - Robert Comtois - Elm Street 7. Variance - Rosemarie & Gary Austin - Pratt St. (c) Correspondence (d) Date of Next Meeting (e) Public Discussion 6. Adjournment PLANNING BOARD MINUTES November 3, 1982 Present: Chairman Seifert, Clerk DeGirolamo Planners: Flynn, Brugliera, Genatossio', Kaufman, and Parsons* Planning Director Folkman 1. Meeting called to order at 7:30 P.M. 2. Correspondence Memorandum from Paul Folkman to the Planning Board regarding SRPEDD joint transportation planning group. Copy of a letter from Mitchel Seifert to Bertram Cook regarding Richard's Electric proposed site plan for Pleasant Street. Copy, of a memorandum from W. Chadwick Maurer to the Planning Board remand- ing the board that the FY 84 budget is 'due on November 5, 1982. *Planner'Genatossio entered the meeting. Copy of a letter from Mitchel Seifert to Donald Duguid regarding Granada Park Subdivision, Letter from Thomas Leonard, Fire Chief, to Paul Folkman regarding the fire alarm box for Strawberry Meadow's Subdivision. Letter from Paul Folkman to Bertram Cook regarding the Zola family's surplus material permit request. Form A review checklist - John D. Prescott - James Street Memorandum from Paul Folkman to the Planning Board regarding salary increases FY 1983-84 and budget line Item 3801-000. Handout regarding the securities on approved residential subdivisions. Copy of an environmental notification form for Shepard's Pond. Copy of a letter from Peter O'Brien to Bertram Cook regarding the Zola family's surplus material request. Letter from George Wey, DPW Director, to the Planning Board regarding Michael -Angela Estates II. Memorandum from the Downtown Advisory Committee to the Planning Board i' regarding Old Colony right-of-way parking/circulation design. *Planner Parsons entered the meeting. Planning Board's minutes November 3, 1982 Page 2 Memorandum from the Downtown Advisory Committee to the Planning Board regarding the DAC's work items for 1982-83• Letter from Henley -Lundgren Company to Paul Folkman requesting a release of Subdivision Bond No. U-28-05-22• Memorandum from Paul Folkman and Bertram Cook to the Planning Board informing the board that they have inspected the Henley -Lundgren earth removal and recommend that the bond be released. Petition for the request of rezoning Lots 19 and 21 on East Street. MOTION: To pass around the public hearing notices to board members and the public. (Kaufman - DeGirolamo, all in favor) VOTED Copy of a legal notice from the Town of Foxboro. Hearings will be held on November 17, 1982 as follows: 7:30 - Frank I.avarone - variance to allow a house lot having more than the required area but less than the minimum frontage - Summer St. 7:50 - John Sloan - variance to allow subdivision of a parcel of land on Camp Road. 8:10 - Richard Madigan - variance to allow location of an access way closer than 200 ft. - Green Street. 8:30 - William Mockbee - variance to allow an addition will less than the required setback. - Carroll Drive, Copy of a legal notice from the Town of Norton. A hearing will be held on November 9, 1982 to hear the application of George Barlow for a special permit to keep 300 chickens in a Residential -Agricultural zone. Copy of a legal notice from the Town of Norton. A hearing will be held on November 23, 1982 to accept and review revisions of Paul & Roger Precourt concerning their application for a multi=family use in a Commercial Zone. Copy of decisions from the Attleboro Board of Appeals as toiiows: 1. Dr. Charles A. Fathallah -:GRANTED 2. Maurice and Carol Gouin - GRANTED 3. Virginia Spatcher - GRANTED 4. Howard Whitmarsh - GRANTED 5. Stephen Cronin - GRANTED 6. Appeal of the Building Inspector by Alan Merchanthouse dec to al low continuance of use of a non-profit membership club; th akes placeision that tonytheysiteCeed theylmustepairs; but ore any use appear before the ZBA again. Literature from the R.S. Means Company regarding the 1983 Building Con- struction Cost Data. Leaflet from the US Department of Urban Design regarding Affordable Housing. Planning Board's minutes November 3, 1982 Page 3 Pamphlet from the Massachusetts Audubon Society regarding Conservation Land in Southeastern Mass. Literature from Prentice -Hall, Inc. announcing their Library of Speci- fications Sections. Literature from the Thomas Publishing Company soliciting the 1983 Thomas Register. Copy of dec'[sioHs;from the; Mons field..Board ;of Appeals as follows: Riziero Alessandri - Variance to construct a single family dwelling at Lot 269 Warren Avenue - GRANTED John K. Donnelly - Variance to construct an attached garage to existing single family dwelling at 3 Village Road - GRANTED Adams Drug Company, Inc. - Var:i;ance to install a free-standing sign on Chauncy Street - GRANTED 3. Minutes of October 27, 1982 Motion: To approve (Flynn - beGirolamo, all in favor) VOTED 4. Executive Session Minutes of October 6, 1982 Motion: To approve (beGirolamo - Genatossio, al.1 in favor) VOTED Planner Brugliera abstained 5• Minutes of October 20, 1982 Motion: To approve as amended. (Flynn - Genatossio, all in favor) VOTED Planner Flynn said that on Page 5, she would like the following sentance added: Planner Flynn pointed out that this is located in a water protection zone, and it requires a gravel removal permit. On Page 3, Item No. 8, Planner Genatossio pointed out that the last sentance should be separated from the rest of the paragraph. 6. Margot Jellinek - Michael -Angela Estates II - Foxboro Subdivision Margot Jellinek appeared before the board and presented a map which showed what type of material is on top of the acquifer. It showed gravel and till. She pointed out that the proposed subdivision is sitting on top of the major acquifer, and that there has been gravel removal from the subdivision at some time. She informed the board that she will be at the meeting tomorrow, and she suggested that the Planning Board members also attend. She said that an impact study should be done by a hydrologist. Chairman Seifert pointed out that the board has a complete set of plans, and the Planning Director has had imput into them. He also pointed out that they received a letter from the::Town Engineer which states that the board should suggest that Foxboro prepare a environmental impact study. Motion: To send a letter to the Foxboro Planning Board strongly emphasizing that the proposed subdivision is located in Mansfield's Water Protection Zone, and they recommend that an environmental impact study be -conducted. (Brugliera - Kaufman, all in favor) VOTED Planning Board's minutes November 3, 1982 Page 4 Planner Flynn pointed out that she was surprised that the Town Engineer didn't have more to say in his letter. 7. Variance - Mary Ann Gelenian - Ware Street This variance request is to construct a bulkhead entrance at 631 Ware Street with a 22 foot sideyard measurement which is non -conforming in an Agricultural Zone. Mary Ann Gelenian appeared before the board and said that they closed up their garage. She pointed out that they need an entrance/exit by law; therefore, they decided to put a bulkhead in. The bulkhead extends 5' 8" from the existing house. They will be 2' 8" closer to the lot line than allowed. Motion: To send a favorable recommendation to the Board of Appeals. (Kaufman - Parsons, all in favor) VOTED 8. Variance - Robert Comtois - Elm Street This variance request is to convert a portion of a three -stall garage at 443 Elm Street into a hobby shop. Mr. Comtois appeared before the board and said he would like to operate a small hobby shop on a part- time basis. He would be the only person involved, other than members of his'househould. The garage is a separate building, not attached to the house. ;It is located approximately 20 feet from ;the house. Motion: To send a favorable recommendation to the Board of Appeals. (Parsons - DeGirolamo, all in favor) VOTED 9. Warrant Bill from the Water Resources Research Center in ,the amount for the book entitled Amherst Water Conservation Project. Motion: To pay (Genatossio - Flynn, all in favor) VOTED am Variance - Paul Petersen - Grove Street of $5.00 This variance request is to construct a 24' by 50' attached garage at 139 Grove Street. Mr. Petersen appeared before the board and said he would like to construct a four -car ,garage. He informed the board that they have five cars. The required 25 feet between the building and the lot line would be reduced to 10 feet. He abuts -Route 495 and Route 95. Motion: To send a favorable recommendation to the Board of Appeals. (Brugliera - Flynn, all in favor) VOTED Variance - Rosemarie and Gary Austin - Pratt Street This variance request is to construct a single family dwelling on a parcel of land at 344 Pratt Street. Said parcel having 40 feet of frontage. Rosemarie and Gary Austin appeared the board and informed them that the land was sold to them from their mother. They have had the land for four years now. They acquired a 40 foot easement from the church. They proposed to use this as a driveway. It was pointed out that the church owns 54 acres. Motion: To send a favorable recommendation to the Board of Appeals (DeGirolamo,- Parsons Planning Board's minutes November 3, 1982 Page 5 AMENDED MOTION: To send a favorable recommendation to the of Appeals provided that this right-of-way for this lot only. (DeGirolamo - Parsonsl In favor - Kaufman Opposed - Genatossio & Flynn *Planner Brugliera left the meeting. 12. Variance - Joseph Brugliera - 18 Heather Lane Zoning Board is utilized & Brugliera This variance request is to change the property line between 14 and 18 Heather Lane, which would reduce the frontage at 18 Heather Lane to 114 feet. Variance - David Rea - 14 Heather Lane This variance request is to change the property line between 14 and 18 Heather Lane, which would reduce 14 Heather Lane to 28,329 square feet. They would like to change the property line to where the line was thought to be. The are both in agreement, and all the landscaping has been done according to an incorrect property line. Motion: To :send a favorable recommendation to the Board of Appeals (Kaufman - Genatossio Planner DeGirolamo asked if this change would create a problem for the next owner if it were sold. It was pointed out that the variance goes with the land. Planner Parsons said he is against both variances. He feels this situation could be corrected; It was the concensus of the board to wait to hear from the applicants to obtain more information. Motion: To table the motion until next week. (Flynn - Genatossio all in favor) VOTED `Planner Brugliera re-entered the meeting 13. Henley -Lundgren - Bond Release The Planning Director informed the board that he made an inspection with, the Building Inspector, Bertram Look. They feel that the Henley -Lundgren Company has complied with the regulations and the restoration plans. Motion: To release Subdivision Bond No. U-28-05-22 (Kaufman- DeGirolamo, all in favor) VOTED 14. Site Plan - Apple Tree liner - Chauncy Street The Planning Director informed the board that the new plans were submitted last week. Jesse Earls came in to see Bertram Cook, and signed off on the review sheet. His question was where the project was located. All comments which were made last week have been complied with. The Planning Director recommended approval. Planner Parsons asked if this site plan was being designed to eventually service the back land. He pointed out that if, in the long run, this becomes an access driveway, would it be adequate. There was discussion regarding the eventual use of the back land and using the driveway to service it. There was also discussion regarding re -zoning the land. Planning Board's minutes November 3, 1982 Page 6 Motion: To recommend to the Building Inspector that the building permit be issued for this site plan with the stipulation that approval of this plan does not imply the approval of any future roadway for any future subdivision. (Parsons - DeGirolamo, all in favor) VOTED 15. Motion: To remove the motion which was made for the variance requests of Joseph Brugliera and David Rea from the table. (Parsons - DeGirolamo, all in favor) VOTED ,Planner Brugliera left the meeting The plans were properly drawn, but when the property lines were laid out in the field, the survey stakes were incorrectly located. When the founda- tion for Mr. Brugliera's house was located, it was placed in relation to the improperly located property line. Therefore, Mr. Brugliera's house is very close to his property sideline and does not comply with the zoning setbacks for the Agricultural Zone. To rectify this mistake, Mr. Brugliera and his neighbor, David Rea, are seeking variances which will create a new property boundary line. This new property line will provide for the proper setbacks for each house to the sideline; but to accomplish this, Mr. Brugliera's frontage will need to be reduced by 6 feet, and Mr. Rea's land acreage will drop below the required 30,000. Motion: To table the mo,ti:on and invite Mr. Maloon in to explain it more clearly. (Parsons - Kaufman) DeGirolamo, Flynn Opposed Genatossio 16. Correspondence Memorandum from Paul Folkman to the board which states that it was the unanimous opinion of the DAC that the design presented by Everett Associates, which leaves Shawmut and Samoset Streets open and keeps Church Street one-way, was the preferred design for the right-of-way Motion: To send a letter to the Board of Selectmen informing them that the DAC recommended that the Michael Everett design be approved and implemented (Parsons - Flynn, all in favor) VOTED Memorandum from Paul Folkman to the board which describes the DAC's proposed work schedule for 1982-83, There was some discussion regarding the re -use of the Spaulding School. It was pointed out that the Council on Aging is very interested in the school. There was discussion regarding working with GATRA and the MBA pertaining to the visual impact the train station has on a person enter:i.ng the community, i.e. coordinate parking, beautify the area; and erect signs. The Planning Director explained the Mansfield Partnership which would be the start to having a dialogue between the business community and the town. Motion: To approve the DAC's work schedule for 1982-83 (Flynn - Parsons, all in favor) VOTED Motion: To send a letter to the Board of Selectmen requesting that they approve the DAC's work schedule (Brugliera - DeGirolamo, all in favor) VOTED Planning Board's minutes November 3, 1982 Page 7 Copy of a letter from Peter O'Brien to Bertram Cook regarding the Zola family's surplus material permit. In this letter it requests that Mr. Cook postpone any decision on the permit until further notice. It was the concensus of -the board to hold this until Mr. O'Brien comes back in. 17. Form A. - Tony Caponigro - Elm Street This form A consists of 7 lots. The board signed it last week. The reason it is before the board again is because the wrong lot numbers were put on the plan. Motion: To approve (Flynn - Genatossio) WITHDRAWN The last Form A which was signed was brought out. The board compared the two plans. It was pointed out that on the most recent one, there was a cart road .Which was labeled a right-of-way. Motion: To send it back because of the cart road, which was not shown on the previous plan. (Parsons - Genatossio, all in favor) VOTED 18. Form A - John Prescott - James Street This Form A consists of three lots located on the westerly side of James Street. Lots I and 3 front on an existing street and conform to ;the Town of Mansfield Zoning:, and 'Lot 2 is to be combined with adjacent land of John H. Riccio. Motion: To sign the Form A (Parsons'- Flynn), WITHDRAWN Amended Motion: To sign the Form A with the stipulation that the approval of this plan does not imply the approval of any future roadway for any future subdivision. (Brugliera - Flynn, all in favor) VOTED 19• Around the Table Planner Flynn suggested thatthePlanning Director get in touch with Dianne Royle, Conservation Commission, regarding the impact statement on Shepard's Pond.' Planner Brugliera pointed out that he would have like to explain his variance request to the board. Planning Director passed out a listing of all residential subdivisions. He suggested that the board review it. He pointed out that Cedar Meadows, Squire Avenue will not be completed this year. The security figure should be updated to 82 or 83 figures. Planning Director said that the cracks in the roadway of Circle C have not been corrected. In reference to Canoe River Estates, Planning Director said he has talked with Mr. King and sent certified letters. He was under the understanding that Mr. King was suppose to post a security in the amount of $10,600. In reference to Plantingfield Road, the Planning Director said he has been in contact with Bob Rizzio regarding final inspections of Plantingfield Road. Planning Board has not made a final decision regarding this project, particularly the installation of the catch basin and construction of the pipe rail fence. Planning Board's minutes November 3, 1982 Page 8 Motion: To request that the DPW Director inspect Plantingfield Road and decide whether or not he feels there is a'need for a catch basin. His response should be in writing; (Flynn - Genatossio, all in favor) VOTED Strawberry Meadows Planning Director informed the board that Allen Willis would like them to release the four rear lots, which are currently under a covenant, and accept a new form of security in the amount of $21,000. He requested that the money be placed in an interest bearing account. Currently, the road is divided into two portions for completion guarantee. The front portion was estimated in 1980. Allen Willis will remain as the developer of the project. The fire alarm is still in dispute. Allen expects to do some- thing within the next week. Planning Director pointed out that the covenant should be signed. The rear portion is estimated at $13,325.82 Motion: That the security be revised as estimated for the entire subdivision. (Parsons - Kaufman, all in favor) VOTED Abstained - Brugliera Motion: That the covenant be signed for Lot Nos. 4, 5, 6, and 7 (Parsons - Kaufman, all in favor) VOTED Abstained - Brugliera Motion: The developer be permitted to put the security in an interest bearing account. (Parsons - Genatossio, all in favor) VOTED Abstained - Brugliera *Planner Flynn left the meeting,: 1983-84 Budget Planning Director ;gave the board members a handout on the proposed budget. He explained that he is requesting an increase in the supplies, printing, and 'advertising account because of mailing costs and the master plan. He went through the telephone account analysis. He explained that one, five-minute telephone call to Boston cost about $1.20. This is not enough.',' He informed the board that the town switched maintenance service contractors for the typewriters; therefore, there was a decrease in the cost. The town is no longer, with IBM. Motion: This section .of the proposed budget be passed on the Town Manager with the board's favorable recommendation (Parsons - Kaufman, all in favor) VOTED Motion: Letter to the Town Manager requesting a thorough investigation be made into the Town Hall's telephone system with the hope that a more economical way may be developed. (Parsons - Kaufman, all in favor) VOTED In reference to the salary section of the budget, Planning Director said he worked with Chadwick Maurer last year, but the Selectmen held an emergency meeting the night before Town Meeting. Planning Director said he is looking for support from the board. He pointed out that in 1982-83, he received a 4 percent raise, not 7 percent; and he did not receive a Planning Board's minutes November 3, 1982 Page 9 merit increase. He pointed out that he is the lead person for the Public Works Economic Development Grant, and he was also involved in the Block Grant. A major project now is the updating of the master plan. In the past, it was done with outside help. Motion: Letter to the Town Manager supporting a ra;i:seian&,a.merit increase. (Kaufman - DeGirolamo, all in favor) VOTED Planner Genatossio said that she was upset with the salary increase proposed by the Planning Director because of the large increase he proposed for himself. 20. Form A - Tony Caponigro - Elm Street It was brough to the board's attention that the cart road should have been on the previous plan, and it is not an addition to the new plan. Motion: To sign (Parsons - Kaufman) In Favor - Brugliera Opposed Genatossio 21. Public Discussion In reference to Shepard's Pond, Margot Jellinek pointed out that it never was a pond. She informed the board that Allen Willis' gravel removal per- mit needs to be renewed. She pointed out that the second request for an extension requires a new public hearing. There was some discussion regard- ing Shepard's Pond; regarding the 50 foot buffer zone. Planning Director said he doesn't think Mr. Willis or Mr. Chavaree are going to give up any land. Motion: To have the Planning Director research this and take it up at the next meeting. 22. Date of Next Meeting is November 10, 1982 at 7:30 P.M. 23. Adjournment 10:45 P.M. f ` A CLERK ' D