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HomeMy WebLinkAboutPlanning 09/09/1976MANSFIELD PLANNING BOARD AGENDA September'7, 1976 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of August 25, 1976 3. Warrant 4. Visitors Agenda 8:00 P.M. - Ida Dorothy re. Trailer Variance on Cobb Street ';`.fid'✓Y - ���` �,�-ar���r� .^G,' ����✓�i� ���F,✓:`r"���-�✓��� y��✓� i?,k� C"hczc(co,'c� re... r'. 01 hie 5. Old Business a. Status of Plans _ /V So coc; I�/ul-f ! sf S/f �/ y�w«'s YCaa' ten- rm Lan tem visa e— b. Review of �`lanning/Board`�procedures on Subcdivision Review* 6. New Business a. Zoning Board of Appeals 1) Rhode Island Hospital Trust - frontyard setback 2) Richard Fisher - sign 3) Donald Titus - Use variance b. Public Discussion c, Date for next meeting d. Around the Table 7. Adjournment *Bring Subdivision Regulations to Meeting .rte. MANSFIELD PLANNING BOARD MINUTES September8, 1976 Present: Chairman Parsons Planners: Hartmann, Lesuer, Mahana, Plourde Planning Director Maurer 1. Motion: To appoint Planner Mahana Actin Clerk, (Plourde -Hartmann, all in favor VOTED 2. Letters were read from the following: Millhaus Realty Trust to Planning Board regarding ownership of Circle C Estates Millhaus Realty Trust to Planning Board regarding completion of required improvements on Maverick Drive. Millhaus Realty Trust to Planning Board regarding amendment of covenant for Circle C Estates Memorandum from Planning Director to Board of Selectmen regarding Articles for Special Town Meeting P.J. Piscitelli to Planning Board regarding Circle C Estates Board of Appeals notice of public hearing on application of Donald Titus Board of Appeals notice of public hearing on application of Richard M. Fisher Board of Appeals notice of Public hearing on application of Rhode Island Hospital Trust National Bank Building Construction Report for Month of August, 1976 Planning Board to Board of Appeals regarding application of the Estate of Ethel Talabach Planning Director to Sidney Covich regarding Required Improvements on Maverick Drive. Planning Board to Sidney Covich regarding Circle C Estates Planning Board to Robert Chavaree regarding bond estimate -Riverside Park Planning Board to Christian & Schromm regarding Bond Release - Village Estates II Planning Board to Board of Appeals regarding application of Mansfield Housing Authority -2 - Minutes Septefiber 8"4 1976 Planning Board to Board of Appeals.regarding application of Leon C. Grant Planning Board to Board of Appeals regarding application of Walter Day Planning.Board to Board of Appeals regarding application of Marjorie C. Hosepian. Planning Board to Board of Appeals regarding application,of Boro Sand & Stone SRPEDD Regional Rapport for the month of August, 1976 Planning Director to Planning Board regarding Status of Approved Subdivision Plans - July & August, 1976 Planning Board to Howard Richardson regarding Form A Plan - Lantern Lane 3. Motion: To approve the Minutes of August 25, 1976 as presented. (Mahana-Lesuer, all in favor VOTED 4. Board reviewe& the Form A Plan for Laura Faye Howe for land on Draper Avenue It was noted that a variance had been granted for this property to allow two non -conforming lots and the variance was cross-referenced on the plan. Motion: To approve the Form A Plan for Laura Faye Howe for land on Draper Avenue. (Mahana-Lesuer, all in favor) VOTED 5. Board met with Mrs. Ida Dorothy who noted that the Board of Appeals had denied her variance for a trailer on her lot on Cobb Street, in which she intended to use to care for her father., She noted that her father is 86 years old and not in the best of health and that he owns a 6 room house in Mansfield which he cannot keep up. She noted that when her father is no longer with them the trailer would be removed. Planning Director Maurer noted that in accordance with the General Laws, in order for Mrs. Dorothy to have a second Board of Appeals hearing without waiting two years that she would need the consent of 5/7ths of the Planning Board. Mrs. Dorothy noted that there is only one other home on the dead end street and that that neighbor has no objection to her having the trailer. It was noted that she had the opportunity to buy a second hand trailer which is 12 x 50 and that her lot is approximately 30,000 sqare feet. Mrs. Dorothy noted that she planned to connect the trailer to her water system and septic system. She noted that she has never had to have her septic system pumped and that there are only 2 persons in her home. She noted that her bedrooms and bathroom are on the second floor, which is no good for her father. It was noted that it was up to the Board of Health if it could be connected to the existing septic system. Board to take under advisement. -3 - Minutes 5aptembdr 8`.;%1976 E Planner Hartmann felt that it is an isolated street and that it would not hurt anyone in that area. Planning Director Maurer noted that there is a provision in the Zoning By-law for a temporary trailer when a home is destroyed by fire, so temporary permits are allowed. lie noted that there could be a provision to have the permit renewed annually until the death of her father. Planner Mahana felt that this was going to open up a door. Planner Plourde felt that it was a case by case decision and no presidence would be set. Mrs. Jellinek noted that in accordance with the General Laws it does not take a 5/7ths vote is states that all but one member mutt vote in favor and one can abstain. Planning Director Maurer apolig zed and stood corrected. 6. Board met with Mrs. Margot Jellinek to discuss the Circle C Estates subdivision. Mrs. Jellinek noted that some of her questions have been answered by the letters received from Mr. Covich. She noted that there are no sidewalks on Pinto Way and no sidewalk on Maverick Drive from where Pinto Way starts on back. She noted that the road is partially brokenrrup and it does not look like two inches of binder and one inch of top on all three Todds. She noted that the slope in the drainage ditch is not graded and seeded. Planning Director Maurer noted that regarding the sidewalks on Pinto Way and Maverick Drive that they have not been installed, however they are bonded on Pinto Way and the lots on Maverick Drive have not been releasedas of yet. He noted that there is not 3 inches of bituminous concrete on the roadways because they have not placed the finishing coat of blacktop on the roads as of yet. He noted that the Town is holding a bond for the work to be completed in the drainage ditch. 7. Board reviewed the Form A Plan for Howard Richardson for land on Lantern Lane. It was noted that the distance on the lot line of lot 29 is now shown; the zoning classification has now been corrected; and the description of the property on the Form A application has been corrected as requested by the Board. Motion: To sign the Form A Plan for Howard Richardson for land on Lantern Lane. (Mahana-Lesuer, all in favor) VOTED 8. Board met with Mike Chadwick to review the Form A Plan for William Reed for land on So. Walnut Street. It was noted that the dwelling owned by Mr. Frechette was encroaching upon Mr. Reed's property and that they have left a 5 foot buffer around the dwelling to be deeded to Mr. Frechette. The Planning Board noted that this would require a variance as it is only allowing a 5 foot setback in a residence A zone. Board to review the plan further for technical requirements. 9. Board met with Attorney Brad Johnson to discuss the Foxfield Estates Subdivision. He noted that he is seeking release of lots 1 and 2 within the Foxfield Estates subdivision, as Mr. Scarpellini plans to build homes for his son and daughter. Mr.Johnson presented the Board with a letter from the Mansfield Cooperative Bank noting that they are holding $6,246.33 to guarantee the completion of the required improvements to service lots 1 and 2 within the Foxfield Estates subdivision. -4_ Minutes September 8;'1976 Motion: To accept the letter from Mansfield Cooperative Bank in the i:amount of $6,246.33 to guarantee the completion of the required improvements within the Foxfield Estates subdivision and to release lots 1 and 2 within the Foxfield Estates subdivision. (Mahana-Hartmann, all in favor) VOTED 10. Board reviewed the letter received from Millhaus Realty Trust regarding the securities for the Circle C Estates Subdivision. Millhaus Realty Trust noted that they only sold the lots within the subdivision and are still responsible for the required improvements. Board also reviewed the letter requesting an amendment to the covenant for a one year period. It was explained to the new members that the subdivision regulations require that improvements be installed within 2 years of the date of approval of the plan and that it was not possible to install everything within the two years and they/ haveasked for an extension of time until September �7 1977. It was the consensus of the Board to check with Town Counsel as to whose name should be on the new letter of Credit, whether it should be Circle M Realty Trust or if Millhaus Realty Trust is acceptable. It was noted that the expiration date of the Letter of Credit for Maverick Drive is September 17, 1976. Motion: To approve the Bond Estimate for Maverick Drive in the amount of $26,832.74 as prepared by the Planning Director, subject to the review of Town Counsel as to whose name the Bond Estimate should be sent in for the Letter of Credit. (Mahana-Plourde, all in favor) VOTED Amendment to the covenant for Circle:,C;.Estates to be discussed at the next meeting. 11. Planning Director Maurer advised the Board that they are still holding a passbook with the Baybank United in the amount of $5,000 for the loam and seeding of the drainage easement within the Walnut Park Subdivision. Planning Director Maurer noted that there has been correspondence regarding this as Casa Realty has been requested to complete this work, P1,anning Director Maurer suggested that the Planning Board send a Better to Casa Realty requesting that the work be completedby October 1, 1976 or the . Town will start proceedings for the taking of the funds. Motion: To send a letter to Casa Realty requesting that all required work in the drainage easement in Walnut Park be completed by October 1, 1976 or the Planning Board will have this work done with the funds being taken from the passbook being held through the Baybank United in the amount of $5,000. (Mahana-Plourde, all in favor) VOTED 12. It was the consensus of the Board that Item #5b on the agenda (Review of Planning Board procedures on Subdivision Review) be postponed. 13. Board reviewed the Zoning Board of Appeals application of Rhode Island Hospital Trust Company for a variance to allow an existing 37 foot front yard measurement on a dwelling located at 6 Brookside Drive. -5 - Minutes September 8, 1976 Motion: To recommend to the Board of Appeals.that the variance for Rhode Island Hospital Trust Company be granted. (Mahana-Hartmann, all in favor) VOTED 14. Board reviewed the Zoning Board of Appeals application of Richard M. Fisher for a variance to erect a sign at 85 Pratt Street which would be larger than allowed in a Residence B Zone. Motion: To recommend to the Board of Appeals that the variance for Richard M. Fisher not be granted. (Lesuer-Hartmann, all in favor) VOTED 15. Board reviewed the Zoning Board of Appeals application of Donald Titus to establish a Marine, Garden and Yard equipment sales and service center off Plain Street. It was noted that this area off of Plain Street would be the basement of Dario's Restaurant. Motion; To recommend that the variance of Donald Titus be granted. (Hartmann®Mahana ) MOTION WITHDRAWN Motion: To recommend that the variance not be granted to Donald Titus as the property is presently being used as a restaurant and therefore, the applicant cannot demonstrate substantial hardship on the existing property and it would be an expandion of a non- conforming use. this use would derogate from the purpose and intent of the Zoning By-law and the proposed use could not be considered an accessory use to the present use of the building. If it is the intent of the applicant to expand the existing commercial use, then the decision for such expansion should rest with Town Meeting. (Lesuer-Plourde, Hartmann, Parsons in favor; Mahana opposed) VOTED 16. Board reviewed the request of Mrs. Ida Dorothy for a new public hearing on her request for a variance to allow a trailer on her property on Cobb Street. Planning Director Maurer noted that the General Laws does not say a 5/7 vote but reads"'ibnless all but one of the members of the Planning Board consents". It was noted that it does not state whether it is all but one member of the entire Board or if it is all but one member of those present Motion: To recommend to the Board of appeals that a new public hearing be held on this application for Ida Dorothy and that the variance be granted subject to the following conditions: l) The use of the premises shall be for John Spiezio only. 2) The variance shall be subject to annual renewal by the applicant. 3) All requirements of the Board of Health to be complied with. (Hartmann -Plourde, all in favor) VOTED 17. Board reviewed an approval not required plan for Harry McPherson for land on Maple Street. It was not that this was just a preliminary review and that no plan has been filed with the Town Clerk. It was noted that there was no locus plan shown, zoning was not shown, remaining land of owner was not shown. Board gave him a copy of the subdivision regulations for the submission of an approval riot required plan. -6® Minutes September 8, 1976 18, Mrs. Jellinek noted that she asked the Planning Director about.4 weeks ago about an access road behind the I-95 rest area in the gravel pit. She noted that the Town bound is missing and has been for quite some time and it is hard to tell if the acess road is in No. Attleboro or Mansfield. She requested the Chairman to ask the Planning Director to look into this. Planning Director Maurer noted that he is not aware of any access road however, he checked with the D.P.W. Director in No. Attleboro and he was advised that they are not aware of an access road either. 19. Chairman Parsons suggested that a field trip be held for the new members to review the sites of the approved subdivisions in question. It was the consensus of the Board to have the field trip on Saturday, September 11, 1976 at 7:00 A.M. Board to meet at the Old Colony Diner. The next regular Planning Board meeting to be on Wednesday, September 15, 1976 at 7:30 P.M. 20. Chairman Parsons noted that he has been on the Board for about 3 years, however, he is new to the Chairman seat. He noted that they would like to have the meetings on an informal basis and that they review items while the persons on the agenda are present. However, they make their decisions on the matter after the discussions are over. He welcomed the new members and noted the need for persons with their background. 21. Planners Plourde, Lesuer and Hartmann noted their enjoyment of the first meeting. 22. Planning Director Maurer noted that he talked with Town Counsel and suggested that a workshop session within the next few weeks be held and have Town Counsel present to discuss the zoning by-law and subdivision regulations. 23. Planning Director Maurer noted that there was a letter received tonight from Mrs. Jellineks Attorney regarding the Circle C Estates in which he requested a response to his letter. Planning Director Maurer felt that a response should be given noting the steps that the Planning Board is taking to see that this work is being completed, and to notethat the engineer has marked the 4:1 slope. Planning Director Maurer noted that he turned the letter over to Town Counsel as it noted that they will hold the Planning Board members personally responsible, and that this has been found unconstitutional as they are acting on behalf of the Town and therefore only the Town can be found responsible unless there is malicious intent in their action. It=Aswas the consensus of the Board to send a letter to Attorney P.J. Piscatelli in response to his letter. 24. Meeting -,adjourned at 10:35 P.M. 76