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HomeMy WebLinkAboutPlanning 04/14/1976MANSFIELD PLANNING BOARD AGENDA April 14, 1976 1) Call to order (7:30 P.M.) 2) Clerk's Report a. Correspondence b. Minutes of March 31, 1976 3) Warrant 4) Visitors Agenda 5) Old Business a. Status of Plans 1) Woodland Park - Def. Sub. - Edgewood Street/Fruit St. - 4/28/76 2) James Mitchell - Form A - Highland Ave. - 3) Edward Carl - Form A - County Street 4) Richard Murphy - Form A - Elm Street - 4/14/76 5) Christian & Schromm - Form A - School St. - 4/21/76 6) Green Acres - Def. Sub. - Franklin & Maple Sts - 5/29/76 b. Recommendation on Zoning Amendments ✓rjl>�-rfi, ram v✓ Lia: r✓ , ,a.� m_ -�,, V 1) Parking Regulations 2) Route 106 Rezoning Agriculture to Business C** 3) Dog 'Kennels ** C. Unaccepted Streets* d. SRPEDD Representative appointment e. Meeting with Downtown Development Committee* 6) New Business a. Public Discussion b. Date for next meeting c. Around the Table 7) Adjournment *Material enclosed **Material previously handed out Other meetings: April 21, 1976 - Camp Dresser McKee - Facilities Planning Public Hearings: April 28, 1976 - 8:00 P.M. Rezoning Route 140 Residence A to Business C 8:30 P.M. Green Acres Subdivision MANSFIELD PLANNING BOARD MINUTES April 14, 1976 Present: Chairman Dunn, Clerk Wellington Planners: Latham, Tighe, Dupont, Mahana, Parsons Planning Director Maurer 1. Letters were read from the following RIM Engineering to Planning Board regarding Form A Plan for David B. Ingram. Board of Appeals decision on the application of Wallpaper City, Inc. Not Granted Board of Appeals decision on the application of Gelino Repucci - granted Board of Appeals decision on the application of George Boyajian - granted Board of Appeals decision on the application of Dennis Vassalotti - Not Granted Board of Appeals decision on the application of Calvin J. Vizedom - granted Board of Selectmen d from Downtown Development Committee regarding Fairfield Optical Company Land. Planning Board to Various Department Heads regarding definitive subdivision plan for Green Acres. Easton Planning & Zoning Board Notice of Public Hearing. White & Kelly to Zoning Board,df Appeals regarding application of Clifford B. Turner, Jr. Planning Board to Edward Carl regarding Form A Plan - County Street Planning Board to James Mitchell regarding Form A Plan - Highland Ave. Planning Board to Board of Appeals regarding application of Fred Grosso Planning Board to Ernest White regarding Woodland Park Definitive Subdivision Planning Board to Millhaus Construction regarding Curbing for Circle "C' Estates Planning Board to Board of Appeals regarding application of Dominic Cimino Planning Board to Board of Appeals regarding application of Cyril N. Bellavance. Planning Board to Board of Appeals regarding application of Richard Lori _2 - Minutes April 14, 1976 Planning Board to Town Counsel regarding Chapter 808 of the Acts of 1975. Concerned Citizens of Wilbraham to Planning Board regarding House Bill #2602 Department of Housing and Urban Development regarding Change in the FIA definition of substantial improvement. County Commissioners of Bristol County to Conservationists regarding acquisition of land for conservation purposes. New England Economic Reveiw - March/April 1976 Town of Foxborough notice of Public Hearing Massachusetts Federation of Planning Boards Planning and Zoning Newsletter. 2. Board reviewed the Minutes of March 31, 1976. Planning Tighe questioned the wording of the motion on item #12 with regard to the Form A Plan for land on County Street for Edward Carl. Board felt that the motion was correct. Planner Latham questioned item #4 as to when they voted to pay the Town Manager's gas bill every other month. He noted that they agreed to pay for the Planning Director's gas but not the Town Managers gas bill. Planner Tighe noted that the minutes show that Planning Director Maurer noted that the Board had been paying the gas bill every other month. Planner Tighe felt that even though some members of the Board may not agree with paying the bill that the minutes read as it was said. Motion: To approve the Minutes of March 31, 1976 as presented. (Tighe -Wellington, all in favor) VOTED 3. Planning Director Maurer noted that no additional comments have been received on the Woodland Park definitive subdivision plan. 4. Board reviewed the Form A Plan for James Mitchell for land on Highland Ave. It was noted that the Form A application has been signed by Mr. Mitchell as requested. Motion: To approve the form A plan for James Mitchell for land on Highland Ave. (Tighe -Dupont, all in favor) VOTED 5. Planning Director Maurer advised the Board that the Plan for Edward Carl had been returned for correction and that RIM engineering has advised that the bound is in the wrong location in the field as it is not at the Town line. The way the bound is shown on the plan is the way it is in the field. - 3 - Minutes April 14, 1976 6. Board reviewed the Form A Plan for Richard Murphy for land on Elm Street. Motion: To return the plan for Richard Murphy for land on Elm Street to have the most recent abuttors, as taken from the January 1, 1976 tax list, shown on the plan, as the plan shows it to be Christian and Schromm and this is incorrect. (Wellington -Tighe, all in favor) VOTED It was noted that the Board of Appeals decision as noted on the plan was to allow the splitting of the lot with improper frontage and side yard setback 7. Board reviewed the Form A Plan for Christian and Schromm for two lots on School Street. Planner Mahana ntoed that he was not in favor of this plan because he did not like the way the driveway was shown. The Board noted that the driveways are not part of the . consideration of the Plan. Motion: To approve the Form A Plan for Christian and Schromm for two lots on School Street. (Tighe -Wellington; Dupont, Latham, VOTED Parsons in favor, Mahana opposed) 8. Board reviewed the Form A Plan for Eagan and Turinese for land on Patricia Road. Board al Go reviewed the memorandum prepared by the Planning Director concerning lot 31 Brookside Estates. He advised that Eagan and Turinese had come in and requested the Board to validate the lot under Chapter 81R and that after checking with town Counsel his response was that the Planning Board did not have authority to waiver frontage because 81R only refers to the subdivisionlaws and not zoning. Planning Director Maurer noted that lot 31 is the lot which the Selectmen had requested an easement from to loop the water back with Village Estates and Turinese and Eagan had refused to grant the easement. They are now considering sell the lot and the Town may never be able to get the easement. Planning Director Maurer noted that after the Public Hearing for Brookside Estates that the lack of frontage for lot 31 was never discussed. (Planner Mahana left the room at this time.) Motion: To approve the Form A Plan for Eagan And Turinese for land on Patricia Road. (Tighe -Dupont, all in favor) VOTED (Planner Mahana entered the room atthis time.) 9. Board reviewed the Form A Plan for David Ingram for land on Dean Street and West Street. Board also reviewed the letter received from RIM Engineering regarding the drainage easement across the property. Planner Tighe questioned if the State Plan or the McIntyre Plan was more authorzative as to the location of the easement. Planning Director Maurer noted that the state is usually more accurate. Planning Director -4 - Minutes April 14, 1976 Maurer felt that there should be a note on the plan that the easement is taken from the McIntyre Plan or the State Plan. Clerk Wellington questioned if the easement was taken by the Town and if the Town showed any plans with the easement on it. Motion: To return the Plan for David Ingram for land on Dean Street and West Street and have the easement referenced to the existing plan, show who the easement belongs to as well. (Wellington -Tighe, all in favor) VOTED 1.0. Board discussed the definitive subdivision plan for Green acres. Planning Director Maurer noted that the Plan had been circulated to the various department heads and that he discussed it with the Fire Chief and the Board of Health, but no other responses have been received. Planning Director Maurer suggested that the Board request a definitive wiring plan diagraming the electrical installation, telephone wiring and fire alarm systems, as they requested for Woodland Park. Felt that this would eliminate problmes such as have occured within the Circle "C" Estates subdivision. 11. Board discussed the proposed amendments to the zoning byelaw. Chairman Dunn advised the new members that the Planning Board has to make a recommendation on these articles to be presented at the Town Meeting. Clerk Wellington noted that the Planning Board should not have to support the amendment for the Dog Kennels as it was a selectmens petition and they didn't even show up for their hearing. Planning Director Maurer noted that they are required by law to make a recommendation on it. Planning Director Maurer noted that the existing zoning by-law is more stringent than what is proposed by the Board of Selectmen. Planner Mahana questioned if the Board of Selectmen have the authority to grant a license for a kennel when it is in violation of the Zoning By-law and questioned the status of the ones issued and felt there should be a legal opinion on this. It was noted that the proposed article reads for a kennel of up to 10 dogs and for a kennel of 10 dogs or more and there is no divider for the 10 dogs. Motion: To write a letter to the Town Clerk recommending that the proposed article to amend the zoning by-law for Dog Kennels not receive favorable action because the existing requirements of the Zoning By-law, if properly enforced, are more stringent than the proposed amendment. (Wellington -Parsons, all in favor) VOTED Motion: To write a letter to the Town Clerk recommending favorable action on the proposed article to eliminate off-street parking requirements on North Main Street. (Tighe -Wellington, all in favor) VOTED Motion: To write a letter to the Town Clerk recommending that the proposed article to amend the zoning district on Route 106 not receive favorable action because of the drainage and possible sewer problems that could result in that area; the proposal is in conflict with the present Downtown Development Committee; the proposal is splitting lots under the same ownership; the Town of Easton noted that their depth for industrial is only 700 feet wide; the proposal would affect the downtown area. (Tighe-Mghana', Parsons, Dupont in favor, Wellington-latham opposed)VOTFn -5 - Minutes April 14, 1976 Planner Dupont noted that they don't know if it will be advantages or not because they don't know how far the Downtown Development Committee will get. Planning Director Maurer noted that the Downtown Development Committee will be making a recommendation to the 1977 Annual Town Meeting and that they are talking to developers and will be reviewing other sites on May 1, 1976. He felt that the Downtown Development Committee should be given a chance. 12. Board discussed the typical cross section for unaccepted streets as prepared by the Planning Director. Planner Tighe questioned the procedure to follow. Planning Director Maurer noted that the Board would have to consider amendments to the subdivision regulations and then hold the required public hearing and then take action on it. Clerk Wellington suggested that they have the Planning Director check the State standards on the Cape Cod berm. There should be a standard that if the paper street is a through street then a sidewalk would be required and if it is a dead-end street it should be optional. This should be clarified. Planning Director Maurer noted that he suggestedpaving on all new sections of the street so that the Town would not have the responsibility to do this in the future. Planner Dupont felt that they should not put burdens on them for something the Town hasn't even done. Planner Mahana questioned what would happen if the ownership did not go to the center of the street. It was noted that the ownership would have to be determined before the Board would even consider a plan under the subdivision regulations. Clerk Wellington noted that with gravel .berm, blacktop and minimum drainage that the roadway would cost approximately $18.00 per foot. If sewer is installed it would cost more, but it would be cheaper to put in a sewer line than the septic systems. It was the consensus of the Board to have the Planning Director prepare written regulations to go with the typical cross section and that this be put back on the agenda after Town Meeting. 13. Board discussed the appointment of a SRPEDD representative. Planner Dupont noted that he could not take the appointment i.as he has a deposit on a home in North Attleboro and if it goes .as he will be moving. Planner Parsons noted that they could keep his name on the mailing list but he would not be able to attend the meetings as they conflict with the Planning Board Meetings. Motion: To reappoint Planner Parsons as the Planning Board's SRPEDD Representative. (Mahana-Tighe, all in favor) VOTED -6 - Minutes April 14, 1976 14. Board discussed the meeting with the Downtown Development Committee on April 26, 1976. Board reviewed the request for the meeting along with the questions to be discussed. Planning Director Maurer presented a map of the existing downtown with an overlay showing the zoning of the lots. It was noted that front yard requirements and side yard requirements had been added and it appears to be a hindrance for future development and the Downtown Development Committee wasquestioning if the Board would consider amending the Zoning for a rehabilitation of a building on an existing lot. Planners Tighe and Dupont felt that the members could not answer any questions as a Board unless they have specific questions to begin with. Planning Director Maurer noted that they are going to talk with the Housing Authority at the same meeting as they have the power to build without Town Meeting vote. They are also going to discuss a project which is commercial and multi -family with the possibility of MHPA financing. 15. Planner Tighe noted that with regard to the gas bill on last meeting's warrant that he felt that every two months they should not have to spend 20 minutes to 1/2 hour and have the bill rejected and then in two weeks spend another 20 minutes':to 1/2 hour disucssing it again. He noted that he does not object to paying the bill every other month and that it was up to those that do object to come up with an alternative to be discussed. He noted that he would like to see it solved at this meeting. Clerk Wellington and Planner Latham noted that they were opposed to paying every other months gas bill for the Town Manager's car. Planning Director Maurer noted that the problem has arisen because it was a $39.00 bill in a month that was very slow, however during the fall months when construction was 'being done and inspected there were smaller bills and it has balanced. Planning Director Maurer noted that he does not like using his own car and that he has not used his car for over a year. Planner Latham felt that if the car was usedfor Planning Board business for 400 miles he would not object to paying the bill, but he can't see paying for other business. Planner Tighe noted that it is the 'Town Managers car and he allows us to use his car and that if a proposal like this was made to him he would suggest that you also pay a percentage of the maintenance. Planner Parsons noted that if the bill is averaging $30.00 every other month that it is an average of 200 miles a month and he was sure the planning director travels 290 miles amonth on Planning Board business and that at 14� a mile it would cost the town more. Planning Director Maurer suggested the alternative that the travel account be taken from the Planning Board accounts and put into the Town Manager's accounts and the Planning Board would never have to worry about gas bills. Planner Tighe felt that he was satisfied with the way it has been handled. Motion: That the Planning Board pay the gasoline bill for the Town Managers car every other month, just as they have been doing. (Tighe -Dupont, Mahana, Parsons in favor, Latham -Wellington opposed) VOTED _7_ Minutes April 14, 1976 16. Mrs. Jellinek advised the Board of a newspaper article which stated that a Ford dealer was going to give Planning Director Maurer and the Building Inspector a new car for their use and then the combination would not be with the Town Manager's car. Planning Director Maurer noted that in lieu of a car being purchased for the Building Inspector there has been an offer from Ford Motor Company to donate a carr to the Building Inspector. 17. Planner Parsons and Clerk Wellington noted that they would not be able to attend the April 28, 1976 meeting. The next Planning Board meeting is scheduled for April 28, 1976 at 7:00 P.M. 18. Planner Parsons noted that he was in hopes that as many members as possible attend the Downtown Development Committee meeting on the 26th of April as the Board was involved in the initial establishment of the Committee and voted with the Selectmen to establish the Committee. He felt it was important, for the Committee's benefit, that the Board be represented. He noted that the Committee is searching for information and they need support. He felt the Planning Board could be of a great assistance in doing this. He felt that the Board should look at some of the projects that are coming along and not just approve plans, but take an active role in planning, and felt that they could be of significant help to the Committee. Planner Tighe noted that he attended the last meeting with the Downtown Development Committee to get background information so that he would know what was going on at the meeting on the 26th. 19. Clerk Wellington advised that he would have preferred to have been informed that there was going to be a hearing scheduled and take a consensus of the the Board and that he could not understand how the petition could have been received on the 26th and the Board met on the 31st, yet they did not see it. 20. Clerk Wellington noted that he served on the previous Downtown Committee and that hedid alot of work and for all that was done with it they can put it in the circular file, he will never attend a downtown Committee meeting as a Planning Board member. 21. Clerk Wellington noted that he would not be at the meeting on April 28th as he will be out of Town and that he will not be attending the Town Meeting. 22. Planner Mahana questioned if the Board was supporting House Bills 2600,- 2601, 600;2601, 3931, of Chapter 774. Planner Tighe noted that it has never been on the agenda so they never supported it or opposed it. 23. Planner Mahana suggested that the letter from the Bristol County Conservation regmrding land acquisition be forwarded to the Conservation Commission for them to determine the acquisition of future land, or to the Great Woods Committee. 24. Planner Mahana noted that once a lot is rezoned it is hard to get it rezoned back to its original zoning. He noted that the Sweet Property has passed hands 3 times and that right across from the property had been rezoned to Industrial and questioned if there was any way to get it rezoned back to Minutes April 14, 1976 Agricultural as it doesn't look like Sweet is going to develop that any further. Planner Mahana requested that this be put on the agenda after Town Meeting. 25. Planning Director Maurer noted that on the bill for the amendment to the subdivision regulations there is a handout of the bill along with the letter the Planning Director sent to Representative Gray. Representative Gray stated that the regulations had been redrafted, but we have not received a copy of the redraft yet.. 26. Planning Director Maurer noted that on the meeting with Camp, Dresser, McKee on April 21, 1976 it has beenput off until May 5, 1976. They will be meeting with the Selectmen and have invited the Planning Board to sit in on that meeting to get the progress report of the project. He advised that the Town has been requested by the Division of Water Pollution Control to start to prepare the Step II application, which involves the application for the money for the detailed construction planning for the treatment plant. As a requirement for this they have to have a commitment on the land including the Dever property in Norton and the easements. Both of the require the passage of the bill through the legislature . Bills will be filed next week under a Home Rule petition. The scheduling will be that they will receive the grant shortly after the facilities plan is complete as the State has advised that they have moneywhich has to be spent prior to 1977. Construction Planning is 100% federal money. 27. Board discussed the Zoning Board of Appeals application of Clifford Turner. Planning Director Maurer noted that the decision of the Board of Appeals is presently being appealed in the courts and essentialywhat the application says is that if they approve the application they will drop the suite. Motion: To recommend to the Board of Appeals that the variance for Clifford Turner not be granted. (Wellington -Parsons, all in favor) VOTED 28. Board discussed the fee for the submission of the Green Acres definitive Subdivision. Motion: To advise the developer that under the new rate schedule they will accept the difference between the new rate schedule and what has been previously paid under the old submission. The filing fee for the Green Acres subdivision will be $477.00. (Mahana-Tighe, all in favor) VOTED 29. Chairman Dunn noted that he drove down Ware Street and the shed which Leon Grant built looks more like a house every day. It was noted that he had bulled building permits for 2 barns and 1 well house. 30. Chairman Dunn questioned if Planner Dupont had reviewed the Chapter 808 and Planner;Dupont noted that he did not have a chance to. 31. Chairman Dunn questioned if the Planning Director was reviewing the zoning notices'.of hearings from abutting Towns to see if they are located on abutting land to Mansfield. Planning Director Maurer noted that he was not. It was the consensus of the Board that this should be done. _9_ Minutes April 14, 1976 32. Chairman Dunn noted that the Growth Policy Hearing had 18 persons present and they went through the summary questionnaire and provided a statement from that. They will come up with a final questionnaire after review of imput of the people. He noted that it was the consensus of those at the hearing that there is too much State control and need more local control; they should get moving on Route 495; problems with respect to traffic after Homart Shopping Center is built; as money will permit, keep up with the land acquisition program at the same level that the open spaces are developed. He advised that the second hearing required will be held in the middle or end of May, then the information will go for regional review and hearings, then the State holds a hearing and they come up with the final Growth Policy for the State. 33. Motion to adjourn, 10:25 P.M. (Tighe -Parsons, all in favor) VOTED 7,