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HomeMy WebLinkAboutPlanning 03/31/1976MANSFIELD PLANNING BOARD AGENDA March 31, 1976 1. Call to order (7:00 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of March 3, 1976 c. Minutes of March 17, 1976 : 3. Warrant 4. Visitors Agenda 7:30 P.M. - Bernard Martin re. Green Acres 5, Public Hearing 8:00 P.M. - Dimensional Requirements - Dog Kennels* 9:00 P.M. - Selectmen's Hearing for Street Acceptance 6. Old Business a. Status of Plans Woodland Park - Def. Sub. - Edgewood Street/Fruit St. - 4/7/76 fl James Mitchell - Form A - Highland Aye. - 4/5/76 - / c�� b. Amendments to Zoning Enabling Act - Chapter 808 of Act of 1975** c. Unaccepted Streets** d. SRPEDD Representative appointment l 7. New Business a. Public Discussion y �rrc% lr�=.rso b. Curbing for Circle "C" Estates* : c. Date for next meeting d. Around the Table - - 8. Adjourment 1 x *Memorandum enclosed a **Material previously sent out l Other Meetings: April 8, 1976 Growth Policy Committee Public Hearing April 26, 1976 Downtown Development Committee MANSFIELD PLANNING BOARD MINUTES March 31 , 197`6 Present: Chairman Dunn, Clerk Wellington Planners: Latham, Tighe, Mahana, Parsons Planning Director Maurer 1. Letters were read from the following: Rewlew Trust to Planning Board regarding Woodland Park Subdivision Plan Notice of Public Hearing from the Attleboro Planning Board Commonwealth of Massachusetts, Department of Transportation regarding easement from Industrial Park through Parcel 5.4. Growth Policy Committee Notice of Public Hearing Margot Jellinek to Planning Board and Building Inspector regarding signs Memorandum from Downtown Development Committee to Planning Board regarding meeting with Downtown Development Committee Town Counsel to Building Inspector regarding non -conforming signs. Town Clerk to Francis Vaz regarding lots on Fowler Street Easton Planning and Zoning Board to Planning Board regarding rezoning of land on Route 106 near the Easton Town Line. Town Counsel to Planning Director regarding primary uses in the Zoning By-law. Planning Board to Gene Ceccarelli regarding Peters Park Bond Estimate Planning Board to Town Clerk regarding lots on Fowler Street for Francis Vaz Planning.Bd; to Board of Appeals regarding application of Steven Goldberg Planning Board to Board of Appeals regarding application of Frank Signoriello Board of Appeals application for Fred Grosso Board of Appeals application of Richard F. Lori Board of Appeals application of Cyril N. Bellavance Board of Appeals application of Dominic Cimino Mansfield Conservation Commission notice of hearing on wetland protection act for Camelot at Mansfield SRPEDD Regional Rapport, March, 1976 Notice of Public Hearing for Norton Planning Board _2_ Minutes March 31, 1976 Elmwood Park Realty Trust to Planning Board regarding Street Acceptance - Bonney Lane Memorandum from Planning Director to Planning Board regarding Curbing in Circle "C" Estates Planning Director to Planning Board regarding Minutes of March 3, 1976 and warrant of March 30,1976 2. Board discussed the Minutes of March 3, 1976. It was noted that items 5, 11 and 14 had been amended to show Planner Dupont not present. Planner Wellington felt that the minutes as amended should have been sent out so that the Board could have a chance to review them. Planning Director Maurer noted that rather than send them out he made a note to the Planning Board on them. Motion: To approve the Minutes of March 3, 1976 with items 5, 11, and 14 amended. (Tighe-Mahana, all in favor) VOTED (Prior to voting the Minutes were passed around for the Board to review the correction.) 3. Motion: To approve the Minutes of March 17, 1976 as presented. (Tighe-Mahana, all in favor) VOTED 4. Board discussed the Warrant of April 6, 1976. Clerk Wellington stated that he was still opposed to paying the bill for the gas for the Town Managers car as the Planning Director has only travelled around 200 miles. Planning Director Maurer noted that every other month the Planning Board pays the Town Managers gas bill and that for the amount paid compared .to the use he used the vehicle during the summer and fall months that it is cheaper in the long run this way and that he will not use his own personal vehicle. (Planner Parsons entered the meeting at this time. Planner Parsons felt that they should not have to discuss this with every bill that it should be settled. Planner Mahana felt that $250 appropriated for a years use of a vehicle is cheap and that if part of his job is to inspect jobs he should be provided with transportation. Motion: To pay the warrant of April 6, 1976 in the amount of $71.95. (Mahana-Tighe, Latham, Parsons in favor, Wellington opposed) VOTED 5. Board met with Attorney Bernard Martin and Charlie Boutas of Home Developers to discuss the Green Acres definitive subdivision plan. Mr. Martin noted that the plan had been before the Board for many months and that they 409 submitted a revised plan and that at the time the plan was submitted some fees in the amount of $600 were filed and he felt the plans that were submitted now complied with the regulations but requested the Board to consider waiving ofthe filing of the fees on this plan as it is the same tract of land and the same owner. He noted that the Planning Board has the power to waive their regulations. He noted that the plan had been almost _3 - Minutes March 31, 1976 to the stage of approval but they could not get permission from the owners down stream so they had to redesign the drainage. Planning Director Maurer noted that with the last submission fees in the amount of $692.50 had been filed and that he had not figured the new fee but it would be in the vicinity of around $1,200. Planner Tighe felt that they should withhold judgement until they study the plan. Mr. Martin noted that they filed the plan yesterday and that they requested not to pay the fee until they could discuss this with the Planning Board. Mr. Martin noted that the first plan was turned down. He questioned under the statute that they have the right to file a, plan and comply with the reasons for which it was turned down without a new filing or a new hearing. When this was turned down they had the right to file a new plan to meet the approval and recommended the Board to consider this as a revision to comply with the Board's recommendations and that a new public hearing may not be necessary. Planning Director Maurer noted that it has been a policy of the Board, based upon and opinion of the Town Counsel, that when amendments are made a new public hearing will be held. Mr. Martin noted that if they resubmitted it as a plan intending to comply to the Board's regulations would this meet with the Board's approvel and that he would site court cases if they would like. Board to get back after review. 6. Clerk Wellington noted that regarding the fee'; a developer could come in and submit the subdivision fee and a minor change may be involved and in the meantime if the developer sold the development, would the board then require and additional fee or credit the fee which he had not technically spent on anything. Clerk Wellington felt that they should credit the amount already paid for the Green Acres Subdivision, based on the new fee on what is required then subtract what has been previously paid_. The Board noted that the Public Hearing would have to be held. Motion: That the Planning Director prepare a memorandum showing the fee based on the current prices, find out what fee was paid under the old submission and give the Board the balance. (Wellington -Tighe, all infavor) VOTED It was noted that since a preliminary plan was submitted prior to this definitive plan that it would have to be considered a new submission. Public Hearing to be scheduled for this for April 28, 1976. The Board noted that the lots on sheet 2 do not agree with the lots on sheet 1. Clerk Wellington noted that lot #1 is no longer owned by Home Developers. 7. At 8:00 P.M. the Planning Board Held the required Public Hearing on the petition of the Board of Selectmen':to change the zoning by-law by adding dimensional requirements for dog kennels. Transcript of that hearing is on file. -4_ Minutes March 31, 1976 8. Planning Director Maurer noted that the Planning Board had received a request from Rewlew Trust for an extension of time for the Planning Board's consideration of the Woodland Park Definitive Subdivision Plan. He further noted that they are having a problem obtaining the easement from Mrs. Rogovan and that Mrs. Rogovan is requesting a clause in the easement that all work must be completed within the easement within one year. Planning Director Maurer felt that it was not a good practice to allow a time limit on this were the rest of the subdivision is contingent upon the easement. Clerk Wellington felt that the Board should make reference to the easements for the Peter's Park subdivision as being satisfactory, to the Board without any time limits as the Board will require a perpetual easement. Motion: To grant the extension of time for the Planning Board's consideration of the Woodland Park definitive subdivision plan until April 28, 1976 and advise Rewlew Trust as to the form of the easement required. (Wellington -Latham, all in favor) VOTED 9. Board reviewed the Form A Plan for James Mitchell. It was noted that the application forms had not been signed by the owner. Motion: To return the Form A Plan to James Mitchell until such time as the Form A application is signed properly by the executor (Wellington -Tighe, all in favor) VOTED 10. Board reviewed the Form A Plan for David Ingram for land on Dean Street. Motion: To sign the Form A Plan for David Ingram for land on Dean Street. (Tighe -Wellington, all in favor) VOTED 11. Board discussed the SRPEDD appointment. It was the consensus of the Board to check to see if Planner Dupont would be interested in this position before appointing anyone. 12. Board reviewed the Form A Plan for Edward Carl for land on County Street. Motion: To return the Form A Plan to Edward Carl and question if the Town bound is the Town line, and if so, correct the plan, to correct the plan as 400'+ to king street shown as a note is shown at King Street, and to have them add a note to the plan that Parcel 2 is not a buildable lot withouth prior approval of the Planning Board. (Wellington -Tighe, all in favor) VOTED 13. Board discussed the amendments to the Chapter 808,Zoning Enabling Act and the draft getter to the Town Counsel. Planner Tighe stated he was hoping that any comments Planner Dupont had could be added to this, however he did not feel it should be held up for another two Weeks. Motion: To forward the letter to Town Counsel regarding Chapter 808, Zoning Enabling Act, as drafted. (Tighe -Parsons, all in favor) VOTED Minutes - 5 - March 31, 1976 14. Board discussed the unaccepted streets and Planning Director Maurer noted that he felt he should get into a discussion with the Highway Superintendent and that he had nothing to report further on it. He noted that if, in accordance with Town Counsel's letter, that the streets laid out but not build come under subidivison control then they will have to apply standards to the subdivision regulations, either the full standard or some modification. Clerk Wellington suggested that they could take an existing guideline and change it to a 24 foot roadway with 8 foot sides and then decide if they are going to have sidewalks or curbing and drainage. It might be easier to have it in a diagram than to read it. Planning Director Maurer to draw up a typical cross section for the next meeting. 15. Board discussed the Zoning Board of Appeals application of Dominic Cimino to construct a single family dwelling on a parcel of land on the southerly side of Stearns Avenue containing 6.8 acres. Said lot has 50.15 feet of frontage. The Board noted that there has beena water problem in that area and that as the condition for the private line from Easton was that no other houses can be connected to the water line Motion: To recommend to the Board of Appeals that the application for Dominic Cimino not be granted because of the restriction placed on the water line in that area by the Town of Easton and that no hardship can be demonstrated as he does not own the property. (Wellington-Tighe,all in favor) VOTED 16. Board discussed the Board of Appeals application of Richard Lori for a variance to erect an enclosed porch at the rear of his dwelling at 88 Hall Street which would have a rear yard measurement of twenty-one feet. Motion: To recommend to the Board of Appeals that the variance for Richard Lori be granted as the dwelling would be on the corner of Hall Street and Juniper Drive and that the house could be considered as fronting on Juniper Drive, which would make the addition in the side yard and not the rear yard. (Parsons-Mahana, all in favor') VOTED 17. Board reviewed the Zoning Board of Appeals application of Cyril N. Bellavance for a Special Permit to erect an 8 foot by 32 foot addition to an existing garage. This would be a non -conforming use in a Residence "C" Zone. Planner Mahana felt that the recommendations on variances were just taking up Planning Board time. Motion: To recommend to the Board of Appeals that the Special Permit for Cyril N. Bellavance be granted. (Latham - motion lost for want of a second. Motion: To recommend to the Board of Appeals that the Special Permit for Cyril N. Bellavance not be granted. (Tighe -Parsons, Dunn, Wellington in favor, Latham, Mahana opposed) VOTED 18. Board reviewed the Zoning Board of Appeals application of Fred Grosso for a variance to erect an addition at 125 Court street with a rear yard setback of 36 1/2 feet. Motion: To recommend to the Board of Appeals that the variance for Fred Grosso be granted. (Parsons -Latham, Wellington, Mahana in favor, Tighe opposed) VOTED Minutes March 31, 1976 19. It was the consensus of the Board to table the recommendations on the amendments to the Zoning By-law and Map until the meeting of April 14, 1976. 20. It was the consensus of the Board to hold the next Planning Board meeting -- - - on April 14, 1976 at 7:30 P.M. 21. Board discussed the memorandum prepared by the Planning Director for the curb requirements within the Circle "C" Estates subdivision. Planner Tighe felt that the only reason to make this change is for financial reasons for the developer and that he should have been aware of this cost before he started. He felt that there was no reason to waive the subdivision regulations on this matter. Motion: To advise Millhaus Construction that no waiver will be granted on the curbing within the Circle "C" Estates subdivision as requested however, the option is available to go with sloped curbing for the entire subdivision as per the subdivision regulations. (Tighe-Mahana, all in favor) VOTED 22. Mrs. Jellinek came before the board and noted that the Board has letters of Credit on Morgan Road. She noted that the roads are done and that they had requested the release of funds and questioned if the sidewalk is going to be put on the other side of the street. Planning Director Maurer noted that they have only released a portion of the bond for the work completed to date and they are holding an amount to cover the work which remains to be completed, which includes the amount for the sidewalks. Mrs. Jellinek questioned if the Board had agreed to allow sidewalks only on one side. It was noted that they will construct the sidewalks on the other side -,6f the street. 23. Planner Parsons questioned the status of the subdivision regulations. It was noted that the mimeo machine had broken down, however they should be ready by the next meeting. 24. Clerk Wellington noted that the note from the Planning Director had been enclosed in the mail as a second page to the memorandum. 25. Planning Director Maurer noted that they are in the process of preparing an application on the Community Development Program as the Preapplication had been accepted and that the Town may be able to obtain $100,000 for work in the Back Bay Brook drainage. They already have $50,000 in an account to take theland and easements. The Town has been invited to submit a formal application on the full amount of $100,000. Clerk Wellington noted that they should make provisions for the lateral connections while the work is being done. 26. Planning Director Maurer noted that there is a bill in the legislation for subdivision regulations, which calls for state involvement in the review of local subdivisions and new development with 100 or more dwelling units or an industrial building with 200,000 square feet or more. He noted that he had forwarded comment to Representative Gray on this. Copies of the bill and the comments to be prepared for the Planning Board. -7 - Minutes March 31, 1976 27. Planning Director Maurer advised the Board that the Downtown Development Committee will be meeting April 6, 1976 with a developer to talk with him on his views of the development of the downtown. It will be held at the Library at 8:00 P.M. The Developer is from the Carlson Corporation. Planning Director Maurer noted that the Downtown Development Committee wished to meet with the Planning Board again on Anril 26th as there were not many members present at the meeting of February 23, 1976. 28. Planning Director Maurer noted that a Public Hearing will be held on April 8, 1976 for the Growth Policy Committee and all Boards are invited to attend. 29. Planning Director Maurer noted that on the ditch on Francis Avenue that they will be coming out on the 12th to make the amendments. They are also going to fix the wash out on the conservation property. 30. Planning Director Maurer advised that on the Peter's Park subdivision they have installed the drainage and the water. When they installed the drain line across the street they discovered that the Town had installed drains several years ago that drained onto their property. The D.P.W. Director is going to see if they can tie the 2 catchbasins into the new system. 31. Chairman Dunn questioned if there was anything they had to do to obtain the r` easement from the State D.P.W. across Parcel 5.4 from the industrial park. Planning Director Maurer to obtain the required applications from the Taunton D.P.W., Mr. Cronnin. 32. Motion: To adjourn at 10:03 P.M. (Wellington -Tighe, all in favor) VOTED