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HomeMy WebLinkAboutPlanning 06/22/1977MANSFIELD PLANNING BOARD AGENDA June 22, 1977 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of June 15, 1977 3. Warrant 4. Public Hearing - 8:00 P.M. - Rezoning Pratt Street 5, Visitors Agenda s Ta n L�- ?`�30 6'd`d1. ;_�C� r✓w.s ir4nson:_.. 6. Old Business a. Status of Plans 1) Beachwood Estates Def. Sub. - Short/Ware Street - 7/15/77 2) Charles Campbell - Form A - Balcom Street - 6/29/77 3) Franklin Allen Form A - Ware Street 6/29/77 flChristopher Matoian - Site Plan - Mansfield Ave/Crocker St. - 7/6/77 Leon Grant - Site Plan - Fruit Street 6) Mansfield Industrial Park Realty Trust - Form A b. Business Zoning Workshop c, Zoning Recommendations 7. New Business a. Recreation/Conservation Plan Update b, Correspondence c. Public Discussion d. Date for Next Meeting e, Around the Table 8. Adjournment Date for meetings - Special Town Meeting - 6/28/77 at 7:30 P.M. Meeting with Foxborough Planning Board cancelled by Foxborough. Tentative schedule for new meeting is Thursday, June 30, at 8:00 P.M. at the Foxborough Town Hall. MANSFIELD PLANNING BOARD MINUTES June 22, 1977 Present: Chairman Parsons, Clerk Lesuer Planners: Hartmann, Tighe, Plourde, Mahana Mangiaratti Planning Director Maurer 1. Letters were read from the following: Board of Appeals notice of Public Hearing on the application of Benoni Latham Board of Appeals notice of Public Hearing on the application of Paul Thatcher Board of Appeals notice of Public Hearing on the application of Fred Reed Minutes of the Board of Health of June 14, 1977 Memorandum from the Department of Community Affairs regarding application for participation in building reuse projects. Proposal for Mansfield Downtown Development from Regional Land Use Inc. Planning Board to Karl C1emmey regarding subdivision plan off West St. Planning Board to Board of Appeals regarding application of Old Colony Motors Planning Board to Board of Appeals regarding application of Paul Jodice Planning Board to Board of Appeals regarding application of Delores Benson Planning Board to Building Inspector regarding site plan for Karl Clemmey Planning Board to Building Inspector regarding site plan for Brian McLaughlin Planning Board to Gene Ceccarelli regarding release of securities for Peters' Park Architectural Conservation Trust for Massachusetts 2. Motion: To approve the Minutes of June 15, 1977 as presented. (Mahana-Tighe, all in favor) VOTED 3. Board reviewed the warrant of June 28, 1977 in the amount of $89.44 for the telephone kill. Planner Plourde questioned if it was possible for the Planning Board to get circle dialing. Planning Director Maurer noted that they could not get circle dialing because it is a business phone, however he has suggested several times that the Town get one direct line to Boston because of the numerous calls made by the various department heads. _2_ Minutes June 22, 1977 Motion: To write a letter to the Board of Selectmen suggesting that one direct line to Boston be acquired for the Town Hall use. (Mahana-Plourde, all in favor) VOTED Motion: To pay the warrant of June 28, 1977 in the amount of $89.44 (Tighe-Mahana, all in favor) VOTED 4. Board discussed the Beachwood Estates subdivision. Planning Director Maurer noted that nothing has been received from the applicant. He noted that they picked up the marked up plans to make the necessary corrections, however, he has not heard anything further on the off-site drainage study. Planning Director Maurer noted the Board of Health had done the individual perc tests on all the lots. It was noted that out of the 16 lots that perc tests were done on that 4 did not pass the acceptable perc rate. He noted that they are awaiting a total recommendation on the subdivision from their engineer. 5. Board reviewed the Form A Plan for Charles Campbell for land on Balcom Street, It was noted that the distance on the front of the property was incorrect, the frontage on the lot was not 321.40 feet but 221.40 and also questioned the distanceon the side yard in the front of the building as being 31 feet. Motion: To return the Form A Plan for Charles Campbell for land on Balcom Street to have the distance on the front corrected, the frontage corrected and the distance on the side yard rechecked. (Tighe -Plourde, all in favor) VOTED 6. Board reviewed the Form A Plan for Franklyn Allen for land on Ware Street. Motion: To approve the Form A Plan for Franklyn Allen for land on Ware Street. (Tighe-Mahana, all in favor)VOTED 7. Board reviewed the siteplan for Christopher Matoian for land on the corner of Mansfield Avenue and Crocker Street. It was noted that the site size in acres was not show and the building on the adjacent property was not shown. Motion: To recommend to the Building Inspector that a building permit be issued to Christopher Matoian subject to the site size in acres and the building on the property of Pascussi being placed on the site plan. (Tighe-Lesuer, all in favor) VOTED 8. Board held the required Public Hearing on the petition to rezone a parcel of land on Pratt Street from Industrial to Residence A. Transcript of that hearing is on file. 9. Board reviewed the site plan for Leon Grant for land on Fruit Street. Board also reviewed their letter of March 31, 1977 noting 10 items to be added to the site plan. It wasnoted on the lighting that a note was placed on the plan that a mercury vaporlamp'''to be placed on pole by -3 - Minutes June 22, 1977 the Town of Mansfield. It was noted that instead of providing screening along the roadway there was a note #3 which read areas within the 50' buffer strip that do not have sufficient natural growth shall be planted with growth indigenous to the area. Motion: To recommend to the Building Inspector that a building permit be granted subject to the applicant receiving a letter from the bight Commissioners that they will erect a mercury vapor lamp on the pole and that note #3 be changed to read "areas withib the 50' buffer strip shall be planted with trees of sufficient height and density to screen from view any portion of the operation" so it is consistent with the Zoning By-law, Section III -I-15. (Tighe -Hartmann, all in favor) VOTED 10. Board reviewed the From A Plan for Mansfield Industrial Park Realty Trust for Land on Oakland Street. Motion: To approve the Form A Plan for Mansfield Industrial Park Realty Trust for land on Oakland Street. (Lesuer-Mahana, Hartmann, Plourde, Mangiaratti in favor, Tighe abstained) VOTED 11. Board met with James Antosca to discuss the earth removal of excess material from the proposed roadways within the Camelot -at -Mansfield subdivision. Mr. Antosca noted that he went to the Board of Health regarding the removal of the material and they advised that he should come back to the Planning Board. Mr. Antosca noted that ,he was advised that this did not fall into the jurisdiction of the 'Board of Heatlh, however the authority might come from the Planning Board. He noted that the only material that he wished to remove was from the roadway and the sloping of the roadway as he had to get to rough grade to put the drainage in so that they could test the lots in the winter, to see if the drainage lowers the water table. Mr. Antosca noted that all of the lots had been tested off-season by the Board of Health and accepted by the Board of Health Engineer with the exception of one lot at the end of the cul-de-sac. He noted that they found the ground to be permeable soil and the only problem is the water table so he would like to get the drainage in to see if the water level is dropped and get Board of Health approval during the allowable testing season. Mr. Antosca noted that the Zoning By-law refers to earth being removed from lots for which Building Permits are issued and thought if he could get Board of Health approval subject to retesting that he would then be allowed to remove the gravel from the roadway. Planning Director Maurer noted that it is permissible to remove excess material from a lot for which a building permit has been issued. Planning Director Maurer noted that:General Law Chapter 40, Section 21, amended in 1973 was brought to his attention and refers to the removal of material in approved subdivisions and that no by-law shall prohibit this, however after checking with Town Counsel he noted that the Town does not have a by-law on earth removal but there is a zoning By-law, which superceeds the General Law. -4_ Minutes June 22, 1977 Planner Tighe:goted that the Board had originally suggested that the applicant apply for a Special PermitforEarth removal and questioned why they didn't go in that direction. Mr. Antosca noted that he had talked with the Building Inspector who checked with Town Counsel and was advised that they should get approval of the lots from the Board of Health and then they could remove the material from the subdivision. Mr. Antosca noted that the only other alternative would be to stock pile the material on the site and questioned if there was any law against this. The Board noted that there were none. He noted that time is running out on them so they might have to stock pile it. The Planning Board noted that the removal of the material from the site would require a permit from the Board of Appeals. It was noted that the permit that the Conservation Commission had issued was for the retention area and the drainage and that any :other work on wet lands would require further Conservation Commission approval, soif he wanted to stock Pile it on the end of the cul-de-sac it would require approval. Planning Director Maurer noted that if he makes an application to the Board of Appeals for an earth removal permit that he should not that the drainage would not leave the site from its original points and request a variance to allow this. 12. Board discussed the Zoning amendment proposed to Section V -L, Flood Insurance Provisions. Motion: To recommend to the Town Meetinghthat favorable action be taken on this amendment. (Tighe-Mahana, all in favor) VOTED 13. Board discussed the Zoning Petition to rezone a parcel of land on Pratt Street from,,llndustrial to Residence A. Motion: To recommend to the Town Meeting that favorable action be taken on this amendment. (Tighe-Mahana, all in favor) VOTED 1.4. Board reviewed the Comprehensive Planning Program Recreation/Conservation UpDate of Open Space Planning Program. Planning Director Maurer noted that the Recreation Commission has an application into the Mass. Department of Natural Resources for funding under the Bureau of Outdoor Recreation Program for 50% reimbursement of the Hutchinson property acquisition. It was noted that it is a revision of secitons contained in the original master plan prepared in 1972 and this report is a requirement for applying for funding. 15. It was the consensus of the Board to postpone discussion on the business zoning until themeeting with the Board in Foxborough. 16, Board reviewed the letter from the Regional Land Program, Inc, Planning Director Maurer noted that a Student from the R.I.$chool of Design had worked with the Downtown Development Committee and they considered more interns in the Fall. However, they were not certain if this could be done. This Regional Land Program, Inc. is a "spin-off" of the Rhode Island School of Design. He noted that they are proposing a fee of $1,500 and felt that he Gould not recommend to the Board to approrpiate this fee, based on work which he has seen from them. -5 - Minutes June 224 1977 17. Board reviewed the memorandum from the Department of Commuhity Affairs regarding the reuse of buildings in the downtown area. Planning Director Maurer noted that there is $50,000 to do a study for three communities in the State on the reuse of vacant or underutilized buildings. It was noted that there are several large vacant dwellings in the downtown area, Planning Director Maurer noted that persons from the State looked at the area and are interested in the Grain Mill and the Fairfield Optical property. Motion: To file an application with the Department of Community Affairs regarding the reuse of buildings within the downtown area. (Tighe-Lesuer, all in favor) VOTED 18. Board reviewed the list of applicants to the Downtown Advisory Committee. Planner Mangiaratti questioned if the Planning Director had any recommendations on the appointments to the Downtown Advisory Committee. Planning Director Maurer Suggested Stephen J. Lanzilla, Ronald F. Reed, Daniel A. Durbano, Donald B. Kaufman, Karen G. Carpenter, and Edward J. Tartufo. Planner Mahana felt that Barbara Tarsa should be selected as she is very interested in the Town. Planning Director Maurer noted that he is basing his recommendation on those persons who have come into the Town Hall and shown an interest on the reports that have been presented. Planner Tighe noted his concernwith having someone from real estate involved as it may given them some inside information. Motion: To appoint Stephen J. Lanzilla, Ronald F. Reed, Daniel A. Durbano, Donald Kaufman, Karen G. Carpenter, and Edward J. Tartufo to the Downtown Advisory Committee in accordance with the Planning Director's recommendation. (Plourde-Mangiaratti,`Lesder, Parsons, in favor, Mahana, Tighe Hartmann opposed) VOTED 19. Board reviewed the Zoning Board of Appeals application of Benoni Latham. It was noted that there was a problem selling the property in the downtown area as a residentialuse. Motion: To recommend to the Board of Appeals that the variance be issued subject to the submission of a site plan under the Site Plan Procedure of the Zoning By-law. (Mahana-Mangiaratti, all in favor) VOTED 20. Board reviewed the Zoning Board of Appeals application of Paul Thatcher to expand a non -conforming use in a Residence A zone, known as the Elm Street garage. It was noted that no plans were submitted, It was the consensus of the Board to have the Planning Director obtain some plans prior to making a recommendation on this application. 21. Board reviewed the Board of Appeals application of Fred A. Reed, to convert a single family dwelling into a two family dwelling. Motion: To recommend to the Board of Appeals that the variance be granted subject to the ppiicant meeting the State Sanitary Code. (Mahana - MOTIO� LOST FOR WANT OF A SECOND, ®6 Minutes June 22, 1977 Motion: To recommend to the Board of Appeals that the variance not be granted as it would derogate from the purpose and intent of the Zoning By-law and there isnotsufficient information submitted to determine a hardship. (Tighe-besuer, Hartmann, Plourde, Mangiaratti in favor Mahana opposed) VOTED 22) Planner Tighe noted that his reason for abstaining from the approval of the plan for the Mansfield Industrial Park Realty Trust was that at a meeting with the Board of Selectmen Mr. Ralph Segfert proposed to the Selectmen the adoption of a non-profit organization to assist in the borrowing for small business' moving into the area. It was noted that he and Chairman Parsons were asked to participate in this organization and that the plan which was before the Board is a proposal for Foam Fab, who is going before the Local Development Corporation. Planner Mahana questioned if the Town was backing this association. It was noted that it is not part of the municipal government. Planner Mangiaratti noted that if there is no personal gain then there would not be a conflict of Interest, 23) Planner Tighe questioned how Mr. Antosca got an opinion from Town Counsel regarding the earth material removal in the Camelot at Mansfield subdivision. Planning Director Maurer noted that he went back to the Building Inspector regarding building permits to do the work and this was checked with Town Counsel, who noted that even if the building permits were issued he could not take the material from the roads. Planner Tighe felt that private developers were using Town officials to get legal advise from Town Counsel. Planning Director Maurer noted that there is a conflict in the by-law itself as in Kingman Pon the removal was incidental to the lot and this was questionable in roadways for subdivisions. 24) Planning Director Maurer noted that he spoke to persons interested in the acquisition of the grain mill for development. He noted that there are persons interested in making this forthe manufacture of pianos and other use is for printing. He noted that they are looking for other craftsmen who might be interested in the other spaces 25) Planning Director Maurer advised the Board that there will be a meeting with the Foxborough Planning Board on Thursday, June 30, 1977. 26) Planning Director Maurer reminded the Planning Board that the first item on the special Town Meeting for Tuesday, June 28, 1977 was for the money for the acquisition of the railroad property for the sewer interceptor. He noted that they will be askih g^for $121,000 and thatthey are looking for different sources for the Money. He noted that there may be enough free cash left over for this. 27) Chairman Parsons questioned if the Harvard Graduate students got there grant for the land use in Mansfield. Planning Director Maurer noted that he had not heard anything on this, 28) Chairman Parsons suggested that the Downtown Advisory Committee meet with the _7_ Minutes June 22, 1977 Planning Board at the next meeting so that work can be started as soon as poe�sible, 29) it was the consensusofthe Board to hold the next Planning Board meeting on Wedensday, July 6, 1977 at 7:30 P,M. 30) Meeting adjourned. 6�� 1, T7 .