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HomeMy WebLinkAboutPlanning 02/03/1976MANSFIELD PLANNING BOARD AGENDA March 3, 1976 1.. Call to order (7:30 P. M. ) 2. Clerk's Report a. Correspondence b. Minutes of February 18, 1976 3. Warrant 4. Visitors Agenda 5. Old Business a. Status of Plans 1) Woodland Park - Def. Sub - Edgewood St./Fruit St. - 4/7/76 ( 2) Edward Johnson - Form A - West Street - 3/10/76 1� 411 < i^r✓y/ir'sF✓ :z.-.a�s>- G� �.-1 ./f - ,T�� 7G� 6. Newusiness a. Zoning Board of Appeals 1) Calvin J. Visedom - antique shop - Residence B 2) Dennis Vassalotti - restaurant - Agriculture 3) Wallpaper City, Inc. - sign - Business A 4)- George Boyajian - sideyard setback - Industrial 5) Gelino Repucci - sideyard setback- Business B b. Amendmentstoto Zoning Enabling Actt - Chapter 808 of the Act of 1975** FJ OYPG%dL,! /ieaXJGG '® .��7f"/✓ +'=J;"!G c. Public Discussion d. Date for next meeting e. Around the Table 7. Adjournment *Letter from Town Counsel enclosed **Copy handed out at previous meeting. Public Hearings - March 17, 1975 8:00 P.M. - Parking R quirements - Business B 8:30 P.M. - Business from Agriculture - petition of Karl Clemmey MANSFIELD PLANNING BOARD MINUTES March 3, 1974 Present: Chairman Dunn, Clerk Wellington Planners: Parsons, Latham, Tighe, Mahana Planning Director Maurer 1. Letters were read from the following: Planning Board to Board of Appeals regarding application of Earle G. Ware. Planning Board from Town Counsel regarding Paper Street Lots Planning Board to Edward Johnson regarding Form A Plan - West Street Planning Board to Louis Brugliera regarding Form A Plan - Dean Street Building Construction Report for the Month of February, 1976 SRPEDD to Planning Board regarding SRPEDD Policy for Review of Zoning Proposals. Board of Selectmen to Planning Board regarding amendment to Zoning By-law for dog kennels Planning Board from Millhaus Realty Trust regarding Lots 9 through 26, 34 and 35. Planning Board to Rewlew Trust regarding Woodland Park Subdivision. Planning Director to Board of':Wsalth regarding Grading of Circle "C" Estates Subdivision. Planning Board to Town Counsel regarding Paper Street Lots Finance Committee to Planning Board regarding approved budget Board of Appeals decision on the application of Paul Thatcher - approved 2. Motion: To approve the Minutes of February 18, 1976, as presented (Tighe-Mahana, all in favor) VOTED 3. Motion: To approve the warrant of March 9, 1976 in the amount of $80.99. (Tighe -Wellington, all in favor) VOTED 4. Board discussed the Woodland Park Subdivision. It was noted that no additional information was received. -2 - Minutes March 3, 1976 5. Board discussed the Form A Plan for Edward Johnson for land on West Street. It was noted that he has not complied with all of the requirements of the Wetland Protection Provisions of the Zoning By-law. Motion: Not to endorse the Form A Plan for Edward Johnson for land on West Street and to advise the applicant that the following information is still requried: 1) That he show the full extent of the wetland across all lots in compliance with Section V -I of the Mansfield Zoning By-law. 2) To show compliance of lots 12, 13, 14 and 15 with the minimum area requirements as set forth in Section V -I of the Mansfield Zoning By-law. This section requires a minimum of 25,000 square feet of buildable land on each lot. If a particular lot can not meet these standards, then state on the lot that it is not a buildable lot. On each lot show the buildable area and the area of the wetland. (Wellington -Parsons, Tighe,Mahana,Latham, in favor Parsons opposed) VOTED 6. Board met with mrs. Margot Jellinek. Mrs. Jellinek asked the Board if they wanted her to make copies of the new State Zoning Legislation which showed the limits of the Board of Appeals regarding granting use variances as of January 1, 1976. She was advised that the Board already had copies of the law. Mrs. Jellinek noted that Board of Health had received no letter from the Building Inspector regarding the compaction of the lots in the Circle "C" Estates. 7. Board reviewed the Form A Plan for Earle G. Ware. It was noted that a variance was granted for this lot. Motion: To sign the Form A Plan for Earle G. Ware for land on Balcom Street. (Tighe -Latham, all in favor) VOTED 8. Board discussed the Form A Plan for Louis Brugliera for land on the corner of Spring Street and Dean Street. It was noted an amendment had been made to the plan showing the limits of the wetland. The Board questioned whether the extent of the wetland area was adequately shown on the plan. It was the consensus of the Board to table discussion on this plan until the members of the Board had a chance to review the site. The 14 day time period expires on March 17, 1976. 9. Board discussed the application of Fairfield Optical for a $600,000 Industrial Revenue Bond. Motion: To send a favorable recommendation to:+the State Industrial Finance Board on the application of Fairfield Optical for a $600,000 Industrial Revenue Bond. (Parsons -Tighe, all in favor) VOTED -3- Minutes March 3, 1976 10. Board discussed the Town Counsel's letter regarding unaccepted streets. It was noted that it was the opinion of Town Counsel that streets that were in existance prior to the adoption of the Subdivision Control Regulations on January 1, 1954 would not be subject to the Subdivision Control Regulations. However, the word "in existance", means passable and not just laid out as paper streets. The Board discussed the Fowler Street situation and Francis Vaz advised the Board that it was his opinion that the property line was to the side of the road and not to the center of the road. Mr Vaz also advised that prior to the purchase of the land he contacted the Planning Director and the Planning Director advised that the lots would be buildable. The Planning Director advised that he had talked to Mr. Vaz and advised Mr. Vaz that it was his opinion that they would be buildable. He also advised Mr. Vaz's attorney to search the title of the property to determine compliance with the Zoning By-law. The Planning Director advised that it was not until recently that he was advised that the lots would not be buildable. Motion: Not to sign the Form A plan for Francis Vaz for land on Fowler Street as it will be subject to the Subdivision Control Regulations as per the interpretation of the Town Counsel's letter dated February 26, 1976. (Tighe -Latham, all in favor) VOTED Board advised Mr. Vaz that he has four options available to him. 1) To appeal the decisionof the Planning Board. 2) To request a variance from the Board of Appeals. 3) To develop the street under subdivision control standards. 4) To request a determination from the Town Clerk regarding the passability of the street prior to 1954. 11) Board reviewed the Board of Appeals application of Calvin J. Vizedom to establish an antique shop on North Main Street. Motion: To recommend that the variance for Calvin J. Vizedom not be granted as the applicant does not presently own the property and it would be difficult to show a hardship for a piece of property not owned by the applicant; the establish- ment of a business use in a residential zone would change the character of permitted uses and is the sole responsibility of the Town Meeting. (Tighe.- Parsons, Wellington, 'Mahana in favor, Latham opposed)= VOTED 12) Board reviewed the Board of Appeals application of Dennis Vassalotti to establish a restaurant in an Agricultural Zone. motion: To recommend to the Board of Appeals that the variance for Dennis Vassalotti not be granted as to establish a business use in an Agricultural Zone would be changing the character of a permitted use and is the sole responsibility of the Town Meeting. It should also be noted that no hardship could be demonstrated as they proposed to tear down the existing building and build a new one. (Tighe -Parsons, all in favor) VOTED -4 - Minutes March 3, 1976 13) Board reviewed the Board of Appeals application of Wallpaper City to erect two signs larger than allowed. Motion: To recommend to the Board of Appeals that the variance for Wallpaper City not be granted as the sign regulations were adopted as an amendment to the Zoning By-law in 1973 by vote of the Town Meeting. (Tighe -Latham, all in favor) VOTED 14) Board reviewed the Board of Appeals application of George Boyajian for a variance to construct two additions to the existing Mansfield Feed and Farm Supply which would have non -conforming side yards. Motion: To recommend to the Board of Appeals that the variance for George Boyajian be granted. (Parsons7Latham, Wellington, Mahana, in favor, Tighe opposed) VOTED 15) Board reviewed the Board of Appeals application of Gelino G. Repucci for a variance to erect a building at 15 Church Street with front yard setback of ten feet and rear yard measurements of 12.6 feet. Motion: To recommend to the Board of Appeals that the variance not be granted for Gelino Repucci as the Board reviewed the plan and was of the opinion that the building could be located on f' the site in conformance with the regulations. (Tighe- Parsons, all in favor) VOTED 16. Board reviewed the bond estimate for Gene Ceccarelli for Peter's Park. Planning Director Maurer noted that it is Mr. Ceccarelli's intention to complete most of the prior to posting securities. However, because of the Planning Board's policy the estimate was prepared for the entire amount and when Mr. Ceccarelli'completes the work the bond can be reduced accordingly. Motion: To forward the bond estimate in the amount of $46,105.95 along with the comments noted in the Planning Directors memorandum of March 2, 1976. (Wellington -Latham, all in favor) VOTED 17. Board discussed chapter 808 of the Acts of 1975 with regard -to the amendments to the Zoning Enabling act. Planning Director Maurer to prepare a draft letter to Town Counsel for review at the next meeting. 18. Board met with Edward Johnson regarding his Form A application for land on West Street. Chairman Dunn advised him of the Board's vote under item 5 of these minutes. 19. It was the consensus of the Board to hold the next meeting on March 17, 1976Qat 7:00 P.M. Cler< _ Date 7--