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HomeMy WebLinkAboutPlanning 04/13/1977MANSFIELD PLANNING BOARD AGENDA April 13, 1977 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of March 30, 1977 3. Warrant 4. Visitors Agenda 8:00 P.M. Russ Christian 8:15 P.M. Karl C1emmey 8`.30 P.M. Robert Chavaree, 5. Old Business a) Status of Plans 1) Karl Clemmey - Def. Sub. - West Street - 4/17/77 2 Beachwood Estates - Def. Sub. - Short/Ware Street - 4/17/77 3) William Lewis - Site Plan - Fruit Street flLewis D. Wynn - Form A West Street William Bertarelli - Form A - Maple Street/Bird. Rd. - b) Subdivision Amendments c) Board of Appeals 1) Craig A. Cotton - side yard dimension 2 Robert E. Chavaree - Sign 3) Richard L. Staples - garage for contracting equipment 4) Nelson R. Doore = real estate office d) Peters Park 6. New Business a. Correspondence b. Public Discussion c. Date for next meeting d. Around the Table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES April 13, 1977 Present: Chairman Parsons, Clerk Tighe Planners: Hartmann, Mahana, Plourde Planning Director Maurer 1) Letters were read from the following: SRPEDD Regional Rapport, April, 1977 Report on Mansfield Public Library Space Requirements Notice of Public Hearing from the City of Attleborough for a Zoning; Amendment Notice Of Public Hearing from the Town of Plainville for a Zoning Amendment Notice of Public Hearing from the Town of Foxborugh for a'Zoning Amendment Attorney Joseph G. Galligan, jr. Attorney at Law to Planning Board regarding extension of time for consideration of Beachwood Estates. Conservation Commission to Franklyn Allen regarding Cease and Desist Order for Beachwood Estates Board of Health to Planning Board and Conservation Commission regarding Beachwood Estates DPW Director and Highway Engineer to Planning Board regarding definitive subdivision plan for Karl Clemmey Planning Board to Karl Clemmey regarding definitive subdivision plan off West Street Planning Board to Lewis Wynn regarding Form A Plan on West Street Planning Board to William Bertarelli regarding Form A Plan on Maple Street Planning Board to Building Inspector regarding Site Plan on Fruit Street Planning Board to Allpn Willis regarding Strawberry Meadow definitive subdivision plan. Planning Board to Franklyn Allen, Jr. regarding Beachwood Estates definitive subdivision plan 2) Motion: To approve the Minutes of March 30, 1977 as presented. (Tighe -Plourde, all in favor) VOTED Minutes April 13, 1977 Page 2 3) Motion: To approve the Minutes of April 5, 1977 as presented. (Tighe -Plourde, all in favor) VOTED 4) Board discussed the definitive subdivision plan for Karl Clemmey for land on West Street. Planning Director Maurer noted that he went over the points in the Planning Board's letter of March 31, 1977 and the comments of the DPW director with the engineer and applicant and that all the points have been complied with, with the exception of a point concerning the proposed topography, and the engineer took the plans back for the corrections. Planning Director Maurer noted that he would have to go on to abutting property to be able to make the required slope on the roadway edge and that he was advised that he will be(required to obtain written permission from the abuttors to do this work on their property. 5) Board reviewed the Form A Plan for Lewis Wynn for land on West Street. It was noted that the description of the property on the Form A application had been corrected as requested. Motion: To approve the Form A Plan for Lewis Wynn for land on West Street. (Mahana-Hartmann, all in favor) VOTED 6) Board met with Russ Christian who presented a site plan for proposed office building on the corner of Route 106 and Route 140. Mr. Christian noted that he would provide catchbasins for drainage in the parking lot and proposed to connect to the State catchbasin in Chauncy Street, however, if this was not approved by the State, he had prepared an alternative plan for leaching areas -in -the rear of the property. It was noted that electrical service would be underground and they will connect to an existing 4 inch sewer line and l inch water line presently running to the existing dwelling. He noted that there is no sign location on the plan as they have not decided on the exact location of the sign. Board compliments Mr. Christian on his proposed plans and noted that they would take them under consideration. 7) Planning Director Maurer advised that Robert Chavaree would:not be in to the meeting as he was going to request a release of partial securities for the installation of the lift station. However, the final test has not been taken so this has been postponed. Clerk Tighe questioned the status of the pond of Mr. Chavarees. Planning Director Maurer noted that it is in the hands of the State as Mr. Chavaree appealed the decision of the Conservation Commission as he did not feel that he got enough and someone else appealed the Conservation Commission's decision because they thought he got too much. 8) Board met with Karl Clemmey to discuss the definitive subdivision plan for land off West Street. Mr Clemmey presented a signed agreement from Hawksley for the sloping on the side of the roadway and a signed document from Hawksley for the corner radius. Board reviewed the plan Minutes April 13, 1977 Page 3 with their letter dated March 31, 1977 and noted compliance. Mr. Clemmey noted that he wouldloam and seed the slopes as noted in the Subdivision Regulations. It was noted that a signed document for the sloping was required on the Baptiste property. Mr. Clemmey stated he would present it to the Board later in the meeting. 9) Board met with Robert Powers of 860 School Street and Sidney Feldman of 858 Schbol Street. Mr. Powers noted that Mr. Staples, a neighbor, has just applied for a variance for the storage of contracting equipment. Mr. Powers noted that the construction equipment is presently being stored at the location of the old Carl Oil on Old School Street. He noted that he and his neighbors are opposed to putting this equipment into the new proposed location, which is a 7.7 acre parcel, however, there is no indication as to where on the parcel he will store it. The entire area is swamp and if he finds out it is expensive to fill in the back he may store it close to the road. There are no limits on the amount and type of equipment that could be stored. Mr. Staples is requesting on the grounds of a hardship because the property he is now renting to store the equipment will be taken by the relocation of Route 140. Mr. Powers noted that he has only been renting this property for about two years and he musthave known when he rented it that it was going to be taken by the highway. He noted that it is a very wet area and is also in a flood area so it should not be filled. Mr. Powers noted that three years ago Mr. Carl Nelson tried to rezone the property on the other side of the brook from Agricultural to Industrial and this was defeated for the same reason in which they are proposing to put this equipment storage in and felt for this reason it should be denied. Mr. Powers noted that when they were building the homes out there that they started the equipment up at 6:00 a.m. and 6:30 a.m. even on Sundays. He noted that this has become a residential area even though it is zoned Agricultural. He noted that he would like the Planning Board to recommend against'.this variance being issued. Mr.. Feldman noted that Mr. Staples is presently before the Conservation Commission because of a breech of work and that his land is now filling up with water. Mr. Powers advised the Board that Mr. Staples -'told him that if he did not get the variance he would register as a farm and call it the storage of farm equipment. Planning Director Maurer felt that this could not be done under the present zoning by-law. 10) Board discussed the definitive subdivision plan for Beachwood Estates. Board also reMlewed the request for a 45 day extension in time for the Planning Board's consideration of the plan. Motion: To grant an extension of time for the Planning Board's consideration of the Beachwood Estates definitive subdvision plan until June 1, 1977. (Tighe -Hartmann, all in favor) VOTED Board reviewed the letters from the Conservation Commission and the Board of Health regarding Beachwood Estates. It was the consensus of the Board that the Planning Director :arrange a wednesday evening meeting with these two boards to discuss this plan. Minutes April 13, 1977 Page 4 11) Board discussed the proposed subdivision amendments. The Public Hearing on these amendments to Section II -F, III -C-9, III -C-2-4, III -C-11, V -E -1-b, V -H-1 was held on March 9, 1977 with no opposition recorded. Motion: To adopt the proposed amendments to Section II -F, III -c-9 III=C-2-r, III -C-11, V -E -1-b, and V -H-1 to the Rules and Regulations governing the Subdivision of Land in Mansfield, Mass. (Hartmann-Mahana, all in favor) VOTED Chairman Parsons questioned if they should have them reviewed by Town Counsel before adopting them. It was the consensus of the Board that it would not be neceesary to have Town Counsel's review. 12) Board-reivewed the Board of Appeals Application of Craig Cotton for a Variance to construct"an addition to an existing dwelling at 518 South Main Street with a 122 ft. sideyard measurement in a Residence A zone. Motion: To recommend to the Board of Appeals that the variance for Craig Cotton be granted. (Mahana-Plourde, all in favor) VOTED 13) Board reivewed the Board of Appeals application of Robert Chavaree for a`varaince to erect a 3 x 4 ft, temporary direction sign, off-site, at the corner of Benefit and South Main Streets. Motion: To recommend that the variance not be granted. (Tighe -Hartmann in favor, `Mhhan a Plourde, Parsons; opposed) NOT VOTED Motion: To recommend to the Board of appeals that the variance for Robert Chavaree be granted as long as the proposed sign does not obstruct the view of ;oncoming traffic. (Hartmann-Mahana, Parsons in Favor, Tighe, Plourde opposed)VOTED 14) Board reviewed the; Board of Appeals application of Richard L. Staples for a variance to allow a 40 x 60 ft. garage ,at 850 School Street to be used for the storage of contracting equipment. Motion: To recommend to the Board of Appeals that the variance for Richard Staples not be granted. (Mahana-Tighe-all in favor) VOTED 15) Board reviewed the Board of Appeals application of Nelson R. Doore for a variance to establish a real estate office at 166 Chauncy Street in a Residence B zone. Motion: To recommend to the Board to Appeals that the variance for Nelson R. Doore not be granted. (Mahana-Tighe, all in favor) VOTED Minutes April 13, 1977 Page 5 15) Board discussed the Board of Appeals hearings scheduled for May 3, 1977. It was the consensus of the Board to get a ruling from Town Counsel as to when the adoption; of the elim,i.nationn of use variances actually went into effect 'since 7t was voted at Town Meeting on April 5, 1977 16) Planning Director Maurer noted that he does not have anything to report on Peter's Park concerning the radius of the entrance and that he has requested as -built plans from RIM engineering. 17) Mrs. Jellinek advised the Board that two weeks ago they read a letter from Camelot Trust to the Building Inspector regarding the removal of gravel. She stated that the hoped the Planning Board would review this and advise the Building Inspector against this action, 18) Mr.. Karl Clemmey came before the Board and requested an,?extension of time for the Planning Board's consideration of his subdivision off West Street until April 20, 1977. Motion: To grant an extension of time for the, -Planning Board's consideration of the definitive subdivision for 'Karl Clemmey until April 20, 1977. (Mahana-Tighe, all in favor) VOTED 19) It was the consensus of the Board to hold the next Planning Board meeting on April 20, 1977 at 7:30 P.M. 20) Chairman Parsons noted that he' -was concerned with business zoning in general. He noted his concern with the downtown area rezoning` and the 140 package, deal. Chairman Parsons requested the planning Director to prepare some information on this for the Board. Clerk Tighe noted that one of the notices of Public Hearing for Foxborough was for a B-40 business zone along Route 140/Central Street and felt that the Planning Director should get some information on this concerning the location and what it allows. 21) Board discussed a recognition get-together for explanner Mulcahy. To be discussed further at the next meeting. 22) Meeting adjourned at 9:45 P.M. C e 4� r' Date