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HomeMy WebLinkAboutPlanning 03/26/1980MANSFIELD PLANNING BOARD AGENDA March 26, 1980 1. Call to order 7:30 P. M. 2. Clerk's Report a. Correspondence b. Minutes of March 19, 1980 3. Warrant 4. Visitor's Agenda 8:00 P. M. - Town Manager - Re: Subdivision Streets. 8:15 P—M. - Nancy Fiore - Branch Street 5. Old Business a. Status of Plans 1) Leon Grant - Ware St. - Surplus Material Permit/Pond Development 2) Chavaree/Willis - Cabot Pond Restoration b. 1980 Town Meeting - Zoning Amendments 1) Downtown Business 2) Pond Development Amendment 3) Norman Gray - Agricultural to Industrial 4) Mrs. Lewis - Industrial to Agricultural c. Zoning Board of Appeals 1) George Palazzo - addition 2) Robert Nemet - 2 Non -conforming lots 3) Ronald Bonvie - apartments 6. New Business a. Status of Plans b. Correspondence c. Public Discussion d. Date for the next meeting e. Around the table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES March 26, 1980 Present: Chairman Parsons, Clerk Flynn Planners: Kaufman, Seifert, Brugliera, Genatossio Planning Director Maurer 1) Chairman Parsons called the meeting to order. 2) Clerk Flynn read correspondence from the following: Letter from The Southeast Extension Region of Cooperative Extension with a form to fill out to help in evaluating the conservation proposals made by the US Dept. of Agriculture. Plans and documents for Wind Chime Acres, a definitive subdivision plan submitted by Ronald S. Bonvie Corp. for property off Ware Street. Letter from the Foxborough Board of Selectmen concerning the reconstruction of Route #106. Letter from the Executive Office of Communities and Development noting that the Governor has designated March as Housing Month, and enclosing a questionnaire. Copy of a summons from Peter F. O'Brien, Esq. representing Richard Curley in regard to the Day/Blandori subdivision. Copy of a letter from residents of Branch St. asking the Conservation Commission to investigate the construction of homes being built by Kelton Potter on Branch St. Notice of Hearing from the Mansfield Conservation Commission for Robert E. Chavaree and Allen Willis, Jr. for the restoration of Cabot Pond on Willow St. Copy of a letter from the Board of Selectmen informing Mrs. Grace M. Genatossio of her appointment to the Planning Board. Copy of a letter from the Board of Selectmen informing Mr. Mitchell E. Seifert of his appointment to the Planning Board. Copy of a letter from the Board of Selectmen informing Mr. Joseph Brugliera of his appointment to the Planning Board. Copy of a letter from the Conservation Commission to the DEQE in Boston concerning Henley -Lundgren Co., Lnc. notifying the DEQE that they are withdrawing their appeal for an adjudicatory hearing on the DEQE's Order of Conditions. Minutes March 26, 1980 Page 2 Copies of the Conservation Commission minutes for March 10, 1980, March 12, 1980 and March 19, 1980. Copy of the Mansfield Board of Appeals decision on the application of Richard Crawford for a variance to construct an addition to his home at 38 Spring St. - Granted Memorandum from the Planning Director outlining the development summary on Subdi.vi'sicns :; approved by the Planning Board from 1970 through 1979. Copies of Flood Prone Area Maps from the United States Department of the Interior: 3) Motion: To approve the Minutes of the March 19, 1980 meeting as written. (Seifert - Brugliera, all in favor) VOTED 4) Motion: To approve the warrant for $13.46 from the Bristol Office and School Supply. VOTED (Seifert - Flynn, all in favor) 5) The Board met with Town Manager William P. Metropulos and Town Engineer Anthony Stanzione regarding the status of approved subdivisions relating to drainage problems and general street construction. The Town Manager stated that he wanted to set up a procedure whereby the roads would be properly inspected and felt that because the Town now has a full-time engineer that the engineer should be involved in inspecting required .improvements in subdivisions. The Town Manager felt that the Planning Director and Engineer should work together to make sure that the approved subdivisions are properly constructed. It was noted that the Selectmen held a hearing on the previous night March 25, 1980, on the acceptance of six streets .in approved subdivisions. The Town Engineer reviewed his comments on the streets and felt that they are of adequate construction and should be accepted. The Town Manager noted that in Brookside Estates and Village Estates Subdivisions that there were cracks in streets where the telephone lines were installed. It was felt that a better system could be developed to coordinate the construction of the roadways with the unilities. 6) The Board met with Mrs. Nancy Fiore and Mr. Dennis Sawyer and others,on Branch. -Street regarding construction on several lots by Kelton Potter. Mrs. Fiore presented several photos showing the drainage problems with several houses and the piles of loam. After considerable discussion Chairman Parsons advised that the Planning Board does not have any jurisdiction in this matter because the lots are not in an approved subdivision. 7) The Board met with Mr. Allen Willis and Mr. Robert Chavaree regarding the restoration of Cabot Pond. The project would involve the removal of 323,000 cubic yards of material and the finished pond would be Minutes March 26, 1980 Page 3 approximately 10 acres in area. The proposed water level would be 122 feet above sea level which is lower than the 128.76 MSL level that the pond was originally constructed at. The Board scheduled the public hearing for this project for April 30, 1980. 8) The Board met with Mr. Allen Willis concerning the acceptance of Juniper Drive and Hemlock Lane. The Planning Director explained that at the hearing for street acceptance a concern was raised about the retaining wall and Mr. Willis stated that the wall could not be constructed until spring. The Planning Director also stated that Mr. Jagelski of Hall Street was concerned with a puddle next to his property and that the puddle was approximately forty feet long and seven feet wide. At the time of construction Mr. Willis had been advised of the problem and he had installed a pipe under the berm and the pipe drained into a drywell. It was noted that the pipe was probably not working properly. Mr. Willis explained that since the hearing he had gone out and, cleaned the roadway and adjusted the pipe so that it could pick uo the water. He noted that the problem in the street is because of.the construction o'.f"Hall.:Street. His subdivision was designed to meet the grade of Hall Street and Hall Street was constructed too high. He felt that the puddle was more of a nuisance than a safety hazard. 9) The Board discussed the concerns of the Town Manager and Town Engineer on the acceptance of the streets and it was noted that their concerns were of a minor nature. Motion: To write a letter to the Board of Selectmen advising them that the Board had met with the Town Manager and Town Engineer and after reviewing all of their comments the Planning Board will recommend acceptance of Rustic Drive, Juniper Drive, Hemlock Lane, Riverside Drive, Basin Street and Union Street Extension. (Flynn - Seifert, all in favor) VOTED 10) Mr. Allen Willis advised the Board that there is still a manhole cover that has to be installed in the Rustic Acres Subdivision. Motion: To write a letter to Home Developers advising them that if the manhole cover is not installed prior to the.Town Meeting vote the Planning Board will recommend against the acceptance of the road. (Seifert - Flynn, all in favor) VOTED 11) The Board discussed the surplus material application of Leon Grant for earth removal for a pond development project off Ware Street. Motion: To recommend to the Building Inspector that the surplus material permit be granted subject to the plan being redisigned to a five to one slope. (Seifert - Brugliera, all in favor) VOTED Minutes March 26, 1980 Page 4 12) The Board discussed the Board of Appeals application for George'' Palazzo of 18 Casa Drive for a variance to construct an addition on his house with a one foot side yard -dimension. It was noted that his property abuts the land that is owned by the Commonwealth of Massachusetts for -Route 140 construction and he is in the process of trying.to acquire property from the State. He would not need the variance if the property was acquired. Motion: To recommend that the variance not be granted. (Flynn - Kaufman; Flynn, Kaufman, Brugliera, Genatossio in favor; Seifert opposed) VOTED 13) The Board discussed the variance and special permit application for Ronald Bonvie to construct six apartment units on land on North Main Street. (Planner Brugliera left the room and did not participate in the discussion.) It was noted that the application required at least three variances and a special permit. The special permit provisions of the Zoning By-law requires that.the Planning Board have the opportunity to review and comment on the complete application prior to the public hearing. The Planning Board did not have the opportunity to review the architectural plans or site plan. Motion: To recommend that the special permit and variances��not:be granted for the following reasons: 1. The establishment of six dwelling units on the lot of 13,000 square feet is not consistent with the intensity requirements of the Zoning By-law. 2. The three variances requested substantially derogate from the purpose and intent of the Zoning By-law and the addition of six units on such a small lot would change the character of the existing neighborhood. 3. The plan as proposed does not meet the minimum open space requirements of the Zoning By-law. 4. The Zoning By-law requires in the instance of a special permit for multi -family dwellings that a definitive site plan, architectural plans and elevations be prepared and reviewed by the Planning Board prior to the public hearing. The Planning Board has not had the opportunity to review the complete plans. (Flynn - Genatossio, all in favor) VOTED 14) The Board discussed the application of Robert H. and Joan Nemet (Planner Brugliera was not present) to divide an existing lot on Ware Street into two lots. It was noted that there are two existing houses on the property and that the Zoning By-law provides for the division of property where two or more houses were constructed on the lot prior to the adoption of Zoning in 1953. These two houses were constructed in 1954. Minutes March 28, 1980 Page 5 Motion: To recommend that the variance for Robert Nemet be granted. (Seifert - Genatossio; Seifert, Genatossio, Kaufman in favor; Flynn abstained) VOTED 15) The Board discussed the definitive subdivision plan for Wind Chimes Estates for Ronald Bonvie. (Planner Brugliera was notpresent)It was the consensus of the Board to hold a public hearing on May 7, 1980. 16) Planner Kaufman suggested that on all applications from the Board of Appeals that the Planning Board notify each applicant that their application will be discussed by the Board and give them the opportunity to make a presentation to the Board. It was the consensus of the Board that this procedure be followed. 17) Mrs. Margot Jellinek advised the Board that in her opinion Cabot Pond did not contain 10.2 acres. 18) Planner Flynn suggested that the Board not schedule four public hearings on one night because the previous meeting adjourned so late. 19) The date for the next meeting was set for April 2, 1980 at 7:30 P. M. 20) The meeting adjourned at 11:30 P. M. r Clerk