Loading...
HomeMy WebLinkAboutPlanning 04/28/1976MANSFIELD PLANNING BOARD IMIR110 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 liw) I"0o-n q%30 p9c,('poi ( 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� `�)o(s,c, SIf � �/ �`G.� L 41 - 10. rr) i el:!Sr v, C, /sr/57t b) Endorsement'of Recommendation on Zoning iY wC f- YQvrn 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. /d 1,1 %6 diate '_ __ a, HU-