HomeMy WebLinkAboutPlanning 04/28/1976MANSFIELD PLANNING BOARD
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April 28, 1976
1) Call to order MOO P.M.)
2) Clerk's Report
a. Correspondence
b. Minutes of April 14, 1976
3) Warrant
4) Public Nearing
8:00 P.M. - Rezoning Route 140 - Residence A to Business C*
8:30 P.M. - Green Acres Subdivision
5) Visitors
Agenda
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( 6) Old Business
a) Status
of Plans
1)
Woodland Park - Def. Sub. - Edgewood
Street/Fruit St. - 4/28/76
2)
Edward Carl - Form A - County Street
- 5/5/76
3)
Green Acres - Def. Sub - Franklin & Maple
Sts. - 5/29/76
4)
David Ingram - Form A - Dean Street�n�
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b) Endorsement'of Recommendation on Zoning
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1)
Parking Regulations
2)
Route 106 Rezoning Agriculture to Business
C
3)
Dog Kennels
7) New Business
a) Recommendation on Route 140 Rezoning **
b) Public Discussion
c) Date for next meeting
d) Around the Table
8) Adjournment
*Material enclosed
**Special Town Meeting that will consider this Article is scheduled for
Tuesday, May 4, 1976
MANSFIELD PLANNING BOARD
MINUTES
April 28, 1976
Present: Chairman Dunn
Planners: Latham, Tighe, Dupont, Mahana, Parsons
Planning Director Maurer
Motion: To appoint Planner Tighe Acting Clerk
(Latham -Dupont, all in favor) VOTED
1. Letters were read from the following:
Board of Health to Planning Board regarding Green Acres subdivision plan.
Conservation Commission to Planning Board regarding Green Acres
subdivision plan.
Ernest White to Planning Board regarding Woodland Park definitive
subdivision plan.
Notice of Public Hearing from Board of Appeals regarding application
of clarence Morse.
Notice of Public Hearing from Board of Appeals regarding application
of William Regan.
Mansfield Industrial Park Realty Trust to Planning Board requesting
release of securities.
Planning Board to David Ingram regarding Form A Plan on Dean and West
Streets
Planning Board to Richard Murphy regarding Form A Plan for land on
Elm Street
Planning Board to SRPEDD regarding appointment of Kenneth Parsons
Town Counsel to Planning Board regarding Chapter 808 (copies to be
made for Planning Board members).
Notice of Public Hearing from the Town of Easton
Notice of Public Hearing from the Town of Norton
SRPEDD Regional Rapport
Memorandum from the Planning Director to Planning Board regarding
Rezoning petition for land at the intersection of Route 140 and Route 106
Memorandum from Planning Director to Planning Board regarding
definitive subdivision plan for Green Acres.
2. Motion: To approve the minutes of April 14, 1976 as presented.
(Latham -Dupont, all in favor) VOTED
Minutes -2-
April 28, 1976
3. Motion: To approve the warrant of May 4, 1976 in theanount of $107.15.
(Latham -Dupont, all in favor) VOTED
4. Board reviewed the 'request of Ernest L. White for an extension of time
for the PlanningBoard's consideration of the Woodland Park definitive
subdivision' plan until May 11,'1976.'
Motion: To grant the >extension 'of time to Ernest L. White for the '
Planning Board's consideration of the Woodland Park definitive
subdivision plan until May 11, 1976
(Tighe -Dupont, all in favor) VOTED
5. Board reviewed the Form A Plan for Edward Carl. It was noted that the
corrections had been made on the plan as requested.
Motion: To approve the Form A Plan for Edward Carl for land on County
Street.
(Tighe -Dupont, -all in favor) VOTED
Planner Latham noted that the two towns (Mansfield and Foxborough) should
get together and find out where the Town line is. Planner Tighe noted that
at least anyone looking at the plan will note that there is a possible>
problem with the Town Bound. Planner Dupont noted that it conforms to
the 'Planning Board requirements regardless of other problems.
6. Board reviewed the Form A'Plan for David. Ingram for land on Dean Street.
It was noted that the easement had been referenced to the specific plan
from which it was taken.
Motion: To approve the Form A Plan for David Ingram for land on Dean
Street.'
(Tighe -Dupont, all in favor) VOTED
7. Planning Direc$or°Maurer noted that regarding the Green Acres definitive
subdivision plan that he had handed out a summary of the comments from
the various department heads and committees.-'
8. Board reviewed the Form A Plan for Carl Dorsett, for land on Essex Street.
Motion Not to endorse the Form A Plan for Carl Dorsett for the following
reasons:
a) The easement shown on the plan is not referenced to any
other 'plans and it is not known if it is existing or proposed.
b) The description of the property on the Form A application is
not acceptable
c) The abuttor is not shown on the rear of the property.
d) The rear parcel is not enumerated as a separate lot.
e) Scale on the locus plan is inaccurate.
f) Plan does not meet the present requirements of the
Registry of Deeds
(Tighe, Dupont, all in favor) VOTED
-4 -
Minutes
April 28, 1976
12. Board reviewed the request from Ryan, Elliott and Company for the
release of the remaining securities being held for work on Francis
Avenue in the amount of $27,250. It was noted that the Board had
requested the work to be completed prior to Town Meeting and that
this had been done and the funds were eligible to be released on
May 9, 1976. Tabled until the next meeting.
13. At 8'.00 P.M. the Planning.Board held the required Public Hearing on
the application of Robert Currivan to rezone a portion of land on
the corner of Route 140 and Route 106 from Residence A zone to a
Business C Zone. Transcript of that hearing is on file.
14. Motion: To recess for 5 minutes.
(Tighe -Dupont, all in favor) VOTED
15. Mr. Walter Day came before the Board and noted he was an abuttor to
the parcel petitioned for rezoning and owns Petreal Appliance shop
on Route 106 and he would like to see this converted to Business C
and that it would act as a stimulant to the area and a great advantage
to the Town.
16. At 8:50 P.M. the Planning Board held the required Public Hearing for the
Green Acres definitive subdivision pian. A transcript of that hearing
is on file.
17. Board met with Frank Vaz to discuss the status of his Form A Plan for
land on Fowler Street. Chairman Dunn noted that the Form A Plan was
disapproved and that there was an opinion from town counsel with options
that could be followed. One option was to get a statement from the
Town Clerk, which he made a statement that the road was maintained and
then he recinded his decision. Based upon this the Form A plan is
still disapproved. The other options were to either appeal it or come in
under subdivision control. Mr. Vaz stated that he would like in writing
the reasons for the disapproval. It was noted that the Board had sent a
letter stating the reason for disapproval on March 4,1976, with a copy
to Town Clerk -
Mr. Vaz questioned if it would be any faster to take this to the Board of
Appeals rather than the land court. The Board noted that they were not
capable to answer this question for him.
Mr. Vaz requested that a copy of the March 4, 1976 letter be forwarded to
him along with the Town Clerk's letter rescinding his decision.
Mr. Vaz noted that he purchased this land on the Planning Director's say
so that it was a buildable lot and that the Planning Director is paid to
help people in these matters as he knew absolutely nothing about -this.
He noted that he came to the Town hall for help and that he did not feel
it was fair. Planning Director Maurer noted that he was involved in this
in that he had talked to Mr. Vaz and to his attorney and one of the things
they had discussed was the provision of the Zoning By-law for a lot which
was undersized and non -conforming to the zoning and when anyone comes into
the Town Hall in asking for information on its title and buildability of land
I always make a practice to refer it to the applicants attorney, as the
only one qualified to make a determination on the buildability of the land
-5®
Minutes
April 28,1976
is an attorney. He noted that this is what was done in this instance
and that as far as he was concerned it was Mr. Patriquins decision.
Mr. Vaz questioned why he couldn't have been told when he purchased
the land that he would not be able to build on it. Planning Director
Maurer noted that it was not -the Town of Mansfield to give him the advise
on purchasing the land but it was up to his attorney. Mr. Vaz noted that
he just did not want to see anyone else get held up. Planner Tighe
requested that they move along with the agendd unless something new can
be added to this.
12. Mrs. Jellinek met with the Board to discuss the removal of earthen
material from the Capt. John Williams supdivision, for which the plan
was disapproved, on Williams Street. Mrs. Jellinek noted her concern
with the removal of earthen material below the water table. Planning
Director Maurer noted that the subdivision plan was never approved and
that Mr. Nelson is now considering resubmitting the plan and that the
grades have changed so drastically that a new topographical plan will
have to be required.
13. Board reviewed the Board of Appeals application of Clarence Morse for
a'variance to divide a parcel of land owned by Laura Fay Howe located
at 56 Draper Avenue into two lots. Both lots would be non -conforming
in a Residence "B" Zone.
Planner Tighe noted that on the application the reasons given for a
hardship is that the owner is in a nursing home and must sell her home
to be able to stay there and that it would not derogate from the
neighborhood as the surrounding lots are only 90 feet frontage.
Planner Dupont noted that the reference to hardship is for a hardship
on the land and not a financial hardship for the owner.
Motion: To recommend that the variance not be granted as it would
derogate from the purpose and intent of the Zoning By-law.
(Tighe -Dupont
It was the consensus of the Board to request the applicant to clarify
the situation as being unable to sell the lot, is she going to sell the
non -conforming lot or is it her house she can't sell. Planner Mahana
felt that if there were 7,500 square foot lots on both sides then there
is no reason not to grant the variance. Planner Tighe withdrew his
motion.
Motion: To get further information on the request of the variance for
Clarence Morse prior to the next meeting.
(Latham-Mahana, all in favor) VOTED
14. Board reviewed the Board of Appeals application for William Regan.
Planning Director Maurer noted that this was before the Board of
Appeals previously and it had been denied, and that it is impossible
to adjust the lot lines on this lot to make the building conforming.
It was noted that this is a hardship on the property in that the
present owners may be unable to sell the property in the future.
Motion: To recommend to the Board of Appeals that the variance for
William Regan be granted.
(Mahana-Dupont, allin favor) VOTED
Minutes
April 28, 1976
15. Board discussed the petition of Robert Currivan to rezone a portion of
land on the corner of Route 140 and Route 106 from Residence A to
Business C.
Motion: To recommend to the Town Meetinq that the parcel be rezoned
to Business B instead cif Business C as the Business C zone
is least restrictive of all the business zones and the Board
feels that once Route 140 is relocated this area will serve
as a major entrance into the Town of Mansfield, and that the
Town should be concerned with the general appearance of the
overall intensity of development. The Board feels that if
this area is rezoned it should be rezoned to business B.
(Tighe-Mahana, all in favor) VOTED
It was the consensus of the Board to advise the applicant of this
recommendation prior to the Town Meeting.
16. It was the consensus of the Board to hold the next planning Board meeting
on Monday, May 3, 1976 at 7:15 P.M. prior to Town Meeting.
17. Board discussed the request of Karl Clemmey toreduce the area to be
rezoned on Route 106 from 70 acres to111dr 12 acres. Planner -Tighe
noted that the problem still existed with the drainage and that he
would like to know more about the possibilities that are going in
there. Planner Tighe felt that he could not support it and did not
want to go on record of being in favor of this until there is more
information. Planner Latham felt that it was spot zoning. Planner
Mahana felt that this was more controlled. Planner Dupont felt that
the Board did not have enough information to make a decision.
Lou Tarsa came before the Board and noted that business in Town is
growing and that he is in real estate and have had many inquiries for
business land and no one wants to go downtown so they are looking in
other areas. He noted that under discussion right now is a good place
to Out Business C and that if anyone wanted to put homes in that area
they would have to persue lights and water for the homes and that if
the Town waits, they will lose this opportunity.
Motion: To recommend favorable action on the revision to the rezoning
of Route 106.
(Latham-Mahana, Latham in favor, Mahana, Tighe,.D,ppoht, Dunn:copposed)
NOT VOTED
Motion: To not recommend the rezoning of this parcel at this time as the
Board needs further information on the impact of ,this revision.
(Tighe -Dupont, Mahana,.Dunn-in 'favor, Latham opposed) VOTED
18. Mrs. Jellinek came before the Board and noted that on the application for
a variance for Clarence Morse that if Mrs. Howe is in a nursing home and
is applying for welfare the State pays her bills only if she sells her
property and thenshe can only keep about $1,000.
Minutes
April 28, 1976
19. Planning Director Maurer noted that he will be preparina bond estimates
r for additional work in Riverside Park and Circle C Estates for the next
meeting.
20. Planning Director Maurer noted that Mrs. Ceccarelli called and requested
if there was a way they can post their undeveloped lots as securitiy in
order that they can get a building permit on at least one lot. Town Counsel
informally stated he did not recommend it in Mansfield. 'Chairman Dunn
noted that anything she requested should be submitted to the Board in
writing.
(Planner Parsons entered the meeting at this time.)
21. Chairman Dunn questioned if the abutting Towns and SRPEDD were being
notified of zoning hearings. It was noted that the abutting Towns had
been notified.
22. Planner Parsons noted that the Downtown Development Committee reviewed
the chart that the Planning Director had presented to the Board last
meeting. Planner Tighe was present and felt that the Planning Board
gave the downtown Development Committee all their blessings. Noted
that they were ready to help them as a Boardbutdid not have the
specific direction for them to go.
23. Meeting adjourned at 11:25 P.M.
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