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HomeMy WebLinkAboutPlanning 02/18/1976MANSFIELD PLANNING BOARD AGENDA February 18, 1976 1. Call to Order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of February 4, 1976 3. Warrant 4. Visitors Agenda 8:00 P.M. Karl Clemmey 8:30 P.M. Dick Silvia 5. Old Business a`' Status of Plans 1) Woodland Park - Def. Sub. - Edgewood St./Fruit St. - 2/18/76 2) Main Realty Trust - Form A - No. Main St - 2/18/76 3) Francis Vaz -Form A - Fowler Street yi� olo�fs oiti - �,-ers>- !?��.-�✓ df, ���4�.7C® �- �C�tubiG�d,��.�v:a- �i�, y.5'-- der--✓�J�,' b. Unaccepted Street Evaluation 6. New Business a. 'Public Discussion b. Date for next meeting c. Around the Table 7. Adjournment *Material Enclosed MANSFIELD PLANNING BOARD MINUTES February 18, 1975 Present: Chairman Dunn, Clerk Wellington Planners: Dupont, Latham, Tighe, Mahana, Parsons Planning Director Maurer 1. Letters were read from the following: Ernest White to Planning Board regarding Woodland Park. Anna Prohodsky to Planning Board regarding Fowler Street. Board of Appeals decision on the application of Anthony A. Savini - granted with restrictions Board of Appeals decision on the application of Old Country Store - granted with restrictions Board of Appeals decision on the application of Earle G. Ware - granted with restrictions Planning Board to Board of Appeals regarding application of Jocelyn Rosado Planning Board to Board of Appeals regarding application of Paul Thatcher Planning Board to Main Realty Trust regarding Form A Plan on No. Main Street Planning Board to Building Inspector regarding Site Plan for St. James Lodge Planning Board to Earle G. Ware regarding Form A Plan on Ware Street Planning Board to Francis Vaz regarding form A Plan on Fowler Street SRPEDD 1975 Base Data Report Massachusetts Department of Public Works Building Construction Report for the month of January 1976 Massachusetts Federation of Planning Boards planning and zoning Newsletter, January 1976 Industrial Development and Financing Authority to Planning Board regarding Fairfield Optical Company, Inc. 2. Motion: To approve the Minutes of February 4, 1976 as presented. (Tighe -Dupont, all in favor) VOTED -2 - Minutes February 18, 1976 Board reviewed the letter from Ernest L. White requesting an extensions, of time for the Planning Board's consideration of the Woodland Park definitive subdivision plan until April 7, 1976. Motion: To grant the extension of time for the Planning Board's con- sideration of the Woodland Park definitive subdivision plan until April 7, 1976 (Latham -Tighe, all in favor) VOTED Board reviewed the Form A Plan for Main Realty Trust for land on North Main Street. It was noted that the zoning classification has been changed from Business C to Business B as requested. Motion: To sign the Form A Plan for Main Realty Trust for land on North Main Street. (Tighe -Wellington, all in favor) VOTED Board discussed the Form A Plan for Francis Vaz for land on Fowler Street. Planning Director Maurer advised the Board that he talked with Town Counsel regarding a bond to guarantee the construction of the required improvements and Town Counsel's reply was that one could not be required. Town Counsel then questioned why they were considering a plan on this street. Planning Director Maurer noted that he mentioned to Town Counsel his opinion on King Street and Town Counsel advised that he had ruled that way on King Street because the road was passable and that this is not a passable street and, therefore, will require subdivision approval. Planning Director Maurer noted that this is contrary to what they have been discussing with mr. Silva and as a courtesy he has explained the situation to Mr. Silva. Motion: To request a formal written decision from Town Counsel on the extension of paper streets in general. (Parsons -Tighe, all in favor) VOTED Board reviewed the Form A Plan for Louis Brugliera for land on Dean Street. Planning Director Maurer noted that under the new zoning that they would have to show the wetland areas and conformance with the wetland protection provisions and felt that they would not beable to meet that requirement on all the lots. Clerk Wellington noted that the description of the property is off by 900 and that only 2 out of the 3 forms have been signed. Motion: To return the plan for Louis Brugliera for land on Dean Street to the applicant for them to show compliance with the Wetland Protection Provisions of the Mansfield Zoning By-law, for the description to be corrected, and for the 3rd form to be signed. (Tighe -Wellington, all in favor) VOTED 7. Board met with Karl Clemmey to discuss the proposed zoning amendment for land on Route 106 (East Street) from Agricultural Zone to Business C. Mr. Clemmey noted that he proposed an article for 3,000 feet from the Easton Line back into Mansfield and 1,000 feet back from the roadway. Mr. Clemmey questioned what the next step would be. -3 - Minutes February 18, 1976 The Board advised Mr. Clemmey that a hearing would have to be advertised and held. Mr. Clemmey advised that Easton is zoned Industrial in that general area. Planner Tighe questioned what the purpose of the rezoning was and Mr. Clemmey advised that he wanted to put in a Ford place. Planner Parsons questioned how many owners were involved and what their feelings were. Mr. Clemmey noted that there were approximately 4 owners involved and they have not expressedopposi'sion to this. It was noted that the proposed article would include all of Mr. Clemmey's property. Clerk Wellington suggested that Mr. Clemmey obtain a better map of the area for discussion at the Public Hearing and Planning Director Maurer suggested that he have overlays prepared for the Town Meeting. 8. The Board discussed the proposed article of Mr. Clemmey's to rezone the land on Route 106. Planning Director Maurer felt that the Board should check with the gas company to see how much land around the gas tanks the gas company owns and what restrictions are on the land. It ,was the consensus of the Board to hold the required Public Hearing on March 17, 1976. Planning Director Maurer to check with the State to see if they have any control over the curb cuts in that area of Town. F Planning Director Maurer noted that the area is not serviced with any utilities and felt that they should check to see if there are any restrictions that could be put on the applicant for this prior to the Town Meeting. He noted that he discussed this possibility with Town Counsel and Town Counsel noted that it is almost impossible to enforce these restrictions once the present owner sells the property. Planning Director Maurer noted that once the entire area is developed there could be a drainage problem in that area. 9. Board met with Dick Silva to discuss the Form A Plan for Francis Vaz for land on Fowler Street. Mr. Silva noted that he had the deeds for all abutting property on Fowler Street and noted that all the deeds read to Fowler Street, or the edge of Fowler Street, which means nobody owns the road. He presented a plan to the Board signed by the Board of Survey on July 15, 1914 for the plan and profile of Alden Street, Henry.y Street, Fowler Street, Campbell Street and Creedon Street. Planning Director Maurer noted that Town Counsel's interpretation was that if it was a passable way it would come under Section I -C-2 of the Zoning By=law, and if it is not a passable way it would come under subdivision control. Mr. Silva noted that it is a state law that any one of the abutters can go in and clear this and make it a passable way and no one can stop them, as the abuttoss are owners in common. Mr. Silva felt that the only difference between this street and King Street is that this is a dead end. Mr. Robert Shaw noted that the approval of King Street set a precedence for all paper streets in Town. Planner Tighe felt that the Board should not take any action on this until they receive an opinion from Town Counsel. Motion: To table the Plan for Francis Vaz for land on Fowler Street until a written opinion is received from Town Counsel. (Tighe -Dupont, all in favor) VOTED -4 - Minutes February 18, 1976 Board to get back to Mr. Silva when they receive an opinion from Town Counsel. 10. Motion: To table the discussion on Unaccepted Street Evaluation (Tighe -Wellington, all in favor)VOTED 11. Board reviewed the Form A Plan for Edward Johnson for land on West Street. Planning Director Maurer noted that it is a plan that was signed by the Board on May of 1974 and that the second sheet never got recorded. He noted that the lot lines have been changed so that there are two extra lots and that the owner has changed. It was noted that this new submission may require compliance with the wetland protection provision of the zoning By-law. Motion: To return the Form A Plan for Edward Johnson for the following corrections. a) Show compliance with the Wetland Protection Provisions of the Mansfield Zoning By-law. b) Zoning Classification not shown c) Names of the most recent abuttors to be shown d) Description of property to be corrected e) Varification that lots 15 and 16 actually have 30,000 square feet, as this is not surveyed f) Owners name and address to be put on the plan in black india ink g) Sheet 2 of 2 is incorrect as it is now a single plan. (Tighe-Mahana, all in favor) VOTED 12. Motion: To hold the next Planning Board meeting on March 3, 1976. (Wellington -Tighe, all in favor) VOTED 13. Board met with Dan Driscoll of Franklin Street who is taking a public policy course at Boston University and who wishdd to ask the Board various questions regarding Zoning in Mansfield. Motion: To discuss the zoning with Dan Driscoll off the record. (Tighe -Dupont, all in favor) VOTED 14. Motion: To go back on record for the restof the meeting. (Latham -Dupont, all in favor) VOTED 15.Planner Parsons noted that he went through Circle C Estates and that they have just put up street lights and they are spun aluminum posts like in the Cabot, Cabot and Forbes Industrial Park. He felt that they were alright for the industrial park but did not look good inthe residential subdivision. Planning Director Maurernoted that Millhaus construction had gone to the Light Department and they wanted to keep a standard on the poles. -5 - Minutes February 18, 1976 16. Planning Director Maurer noted that on Monday evening, February 23, 1976 the Downtown Development Committee wants to meet with members of the Planning Board at 8:00 P.M. for anyone who can make it. He noted that the questionnaire which was handed out was prepared by Susan Schick of Wheaton College and that he had met with an architect from Boston, Mr. Stewart, who is interested in computer mapping and computorizing the returns of the questionnaire as there is a friendship between his family and Miss Schick's. He noted that there would be no charge to the Town and a letter wouldbe sent to the Committee in this regard for their review on Monday evening. 17. Chairman Dunn noted that the Local Growth Policy Committee will be meeting a week from Thursday=, February 26, 1976 and that the questionnaire has been received from the State. Copies of the questionnaire to be made for the members of the Planning Board. 18. Mrs. Jellinek came before the Board and stated that the Act of 808, 1975 is in effect and unless there is something in the Zoning By-law that permits use variances to be granted by the Board of Appeals that they can no longer grant them. She noted that she wanted to bring this up because the hearing was held yesterday for Jocelyn Rosado. 19. Meeting adjourned at 9:15 P.M.