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HomeMy WebLinkAboutPlanning 05/01/1972MANSFIELD PLANNING BOARD AGENDA May 1, 1972 1. Call to Order (7:30 PM) 2. Clerks Report a. Minutes of April 24, 1972 b. Correspondence 3. Warrant 4. Public Hearing - Walnut Park - 8:OOPM 5. Visitors Agenda 8:30 - Maple Park Association and Recreation Commission - re Long Range Plans for Maple Park 9:00 - Board of Appeals re Carol Ann Realty Corp. 9:30 "'Mrs. Margot Jellinek re Hall Street 6. Old Business a. Status of Plans , 1) Trustees of Mansfield Trust - West Street - Def. Sub. - 1/31/72 2) Walnut Park - Walnut Street - Def. Sub. - 5/16/72 3) Carol Ann Realty Corp. - Oakland Street - Apts. 5/2/72 4) Waldor Realty - South Main Street - D.P.W."Permit 5) John Antosca Williams Street - Form A - 5.4.72 6) New England, Realty Trust - West Street - Form A -.5/8/72, 7) Leon Grant- Creedon Street - Form A - 5/8/72 8) Bristol County Building Corp. - Form A - 5/12/72 b. Wayside Estates - Bond Release c. Spruce Acres - Street Radii d. Board of 'Appeals Letters e. Comprehensive Planning Program 1) Extension Request 2) Subdivision Regulations 3) Zoning By-law f. Brookside Estates - Lot Release 7. New Business a. Hall Stret Drainage - Preliminary Plan b. Around the Table 8. Adjournment MANSFIELD PLANNING BOARD MINUTES May 1, 1972 The Mansfield Planning Board met at the Town Office Building on Monday, May 1, 1972 at 7:30 PM. Present: Chairman Chavaree, Clerk Grant Planners: Wellington, MacFarlane, Mendes, Nelson and Latham Town Planner Maurer . Letters were read from the foll"owing: Linenthal, Eisenberg, Anderson Inc., Engineers to Mr. Paul Dalton, Cabot, Cabot & Forbes regarding Fire Flow Tests Mansfield Industrial Park. Mansfield Industrial Development Financing Authority regarding financing of an industrial development project for Sun Chemical Corporation. Paul Dalton regarding Forbes Boulevard Bond release. Paul Dalton regarding bonds for Cabot Boulevard and Hampshire Street. Town Counsel Grady regarding Wayside Estates Attorney Ernest L. White regarding article to be inserted in Town Meeting for Cabot, Cabot & Forbes. Universal Engineering Corp, to John Dalton, Department of Community Affairs regarding extension of time on the Mansfield Comprehensive Planning Program. Paul Dalton regarding portion of Forbes Boulevard to be accepted for installation of traffic signals. Town Counsel Grady regarding Spruce Acres Preliminary Subdivision Plan Margot Jellinek regarding sewerage and drainage on Hall and Fruit Street. Margot Jellinek to Board of Selectmen regarding gravel removal in Mansfield by out of town contractors. Town Planner Maurer to Town Counsel Grady regarding proposed Subdivision Regulations. Town Planner Maurer to Carol Thomas regarding proposed Subdivision Regulations New England Economic Indicators SRPEDD Municipal Solid Waste Questionnaire 2. Motion: To approve the minutes of April 24, 1972 as amended Page 2 Item 10 - Reword to "Board reviewed the points that were raised at the Subdivision Regulations hearing". (Mendes -Wellington, all in favor) Minutes May 1, 1972 - 2 - 3. Motion: To approve the warrant in the amount of $188.80 (Mendes -Wellington, Grant, Latham, MacFarlane in favor; Nelson opposed) 4. Board reviewed a Form A Plan for John Antosca on Williams Street. Motion: To send the plan back for proper description on Form A. (Wellington -MacFarlane Amendment: To sign the plan and have him make a new Form A (Mendes -MacFarlane, all in favor) 5. Board reviewed a Form A Plan for Leon Grant on Creedon Street. It was noted that there were different descriptions on both Form A's and both were incorrect. Question was raised on Creedon Street being a "private" way, it possibly should be noted as an "unaccepted" way. Bearings should be changed to make them both the same. Motion: To return the plan for the necessary corrections on the plan and the Form A. (Mendes -Wellington, all in favor) 6. 8PM - Public Hearing was held for Walnut Park. Minutes of that hearing are on file. 7. Mrs. Margot Jellinek met with the Board to discuss the sewerage and drainage on Hall and Fruit Street. it was her feeling that the Planning Board was reversing their position on the widening of Hall Street and urged them to plan for the future of the Town and not to be manuvered by private interest groups. 8. Members of the Maple Park Association and the Recreation Commission met with the Board to dllscuss the plans of the Maple Park Recreation Area. The Pond has been developed and will be watched for one year to insure the maintaining of the water level. The Recreation Commission is ready to come in with an organized program for the area. The Town Engineer is working on the layout of the Copeland Road access into the area. The road will be 24 feet so that two cars can pass. It was noted that the road layout should come to the Planning Board before approval, and also before the construction of any buildings. Mr. Cinelii of the Recreation Commission noted that the Commission will take over the area when it is completed so that they can set up a program ,they cannot do anything until the area is turned over to them. Mr. Cinelli questioned the status of the recreation area in Magna Vista and was advised that no progress had been made. 9. Board discussed the curb cuts onto South Main Street from Waldor Realty's proposed subdivision. The Department of Public Works is requiring a 30 foot radius on one side and 40 foot on the other side because of existing conditions with abutting property. The original plan submitted showed a 50 foot radius, the Regulations require 40 foot radius and the concensus of the Board was that the developer should make a formal request for an amendment to the plan. Motion: That we respond to the permit appllcation'by stating that it does not agree with the subdivision plan approved. (Mendes -Grant, all in favor) Minutes - 3 May 1, 1972 10. The Board met with the Board of Appeals to discuss Carol Ann Realty apart- ment complex and the Planning Board's recommendations on the new proposed plan before the Board of Appeals. The comments of the various Town Depart- ments were reviewed also. Town Planner Maurer advised that he had met with the architect, engineer and attorney and that they were preparing an amended plan, but were not preparing a new linen for the Board of Appeals, but that if the Board of Appeals required it they would make the amendments after the hearing. The consensus of the Planning Board was that this was a much better plan than the original. i1. Board reviewed a plan for Cabot, Cabot & Forbes for Hampshire Road. (Clerk Grant left the room and did not participate in any discussion.) Two bonds were received in the amount of $244,644 and $8,945 and a letter stating that Cabot, Cabot & Forbes would supply an easement for their drainage when they determine its exact location. Planner Mendes questioned where drainage is going and how it is going to be handled. First half of Hampshire Street and two-thirds of Cabot Boulevard is going into open ditch running behind Datsun property. Planner Mendes noted that he would not like to take any action until he knows what happened at the joint meeting of the Industrial Development Commission, Board of Selectmen, Cabot, Cabot & Forbes and Planning Board. Motion: That we approve subdivision subject to the submission of a plan showing 15 acres total of impoundment between West Street and School Street, distribution to be worked out between the Planning Board and Cabot, Cabot & Forbes and to be in conformance with the consultants recommendation. (Mendes - Motion: To go into Executive Session (NelsonaWellington, Grant, Latham, MacFarlane in favor; Mendes opposed) Motion: To table any action until we meet with Cabot, Cabot & Forbes (Nelson -Mendes, all in favor) 12. Board reviewed a plan for Bristol County Building Corporation on Stearns Avenue. It was noted that an abutter was left off the Form A, the plan was not tied down, the Mansfield -Easton town line was not shown, it was not signed by the engineer and his stamp number was not put on. The plan will require the stamp concerning future subdivision roadways. 13. Board discussed a request for bond release on Wayside Estates. Motion: To release Merchants Cooperative Bank Savings Passbook No. 45212 in the amount of $12,664.48 for the work completed on Black Pond Road Station 0 plus 0 through station 6 plus 14 and Old Farm Road:; Station 0 plus 0 through 8 plus 50 with the condition being that there is a manhole that has to be uncovered on Black Pond Road and Loam and seeding on the southerly side of Old Farm Road. (Mendes -Wellington, all in favor) Minutes May 1, 1972 -4- 14. The developers of Brookside Estates requested release of lots 6 through 10 and 14 through 19. They have posted a bond in the form of a bank book of Attleboro Trust Co. in the amount of $13,857, which is the amount the Board had requested. Notion: To release lots 6 through 10 and 14 through 19 within the Brookside Estates Subdivision. (Mendes -Wellington, all in favor) 15. Board discussed the 15' corner roundings that have been requested by the developer of Spruce Acres Subdivision. Motion: To waive the 30' corner rounding radius as long as the rest of the present subdivision regulations are adhered to. Stipulate we are doing this because it is an existing situation and not a created situation. The developer should put in as ,large a street curb line radius as is possible. This waiver will only apply to the proposed roads at Hall Street and Fruit and not at the intersection of any interior roadways. (Grant -Nelson, all in favor) 16. Board discussed Board of Appeals applications on the following; and made their formal recommendations: Carman C. Cardinute - to establish a gift shop in a Residence B Zone 1. The Supreme Court has repeatedly said that the power to vary the application of a zoning by-law must be sparingly exercised and only in rare instances and under exceptional circumstances peculiar to their nature, and with due regard to the main purpose of the zoning by-law to preserve the property rights of others. in the case of Blackman vs. Barnstable Board of Appeals, the Supreme Court said "CARE SHOULD BE TAKEN LEST THE BOUNDRIES OF A RESIDENCE DISTRICT BE PARED DOWN IN SUCCESSIVE PROCEEDINGS GRANTING VARIANCE TO OWNERS WHO FROM TIME TO TIME THROUGH SUCH PROCEEDINGS FIND THEIR RESPECTIVE PROPERTIES ABUTTING UPON PREMISES NEWLY DEVOTED TO BUSINESS PURPOSE". 2. The hardship noted on the application refers to the lack of business at its present location at 244 North Main Street. The hardship demon- strated does not relate to the particular land in question. 3. The existing character of the area is residential and the establishment of a business use in this zone would derogate from the intent or purpose of the Mansfield Zoning By-law, i.e., a business use is not a permitted use in a Residence B Zone. The long range plans of Mansfield for this area indicate the use 'of the land is for residential purposes. The establishment of a business in this area would, therefore, be inconsistent with the long range planning for the Town of Mansfield. Minutes May 1, 1972 - 5 - Joao C. Pereira - to establish a lot with a non -conforming frontage As shown on the plan, the non -conforming frontage is caused by the fact that a corner rounding radius is required for the access over a future street to the rear property. It has been the practice of the Planning Board and Building Inspector to approve such lots provided that there was required frontage to the point of intersection. In this particular instance, the actual frontage on Essex Street is 100.7 feet to the edge of the radius. However, there is 120 foot frontage to the point of intersection. Board recommends approval. Eysie Realty Trust - to erect a structure with a ten foot rear yard which Is non -conforming in a Business B. Zone. Board recommends that approval be granted provided that the applicant can satisfactorily demonstrate the following: 1. That due to special conditions affecting the particular parcel of land or building, but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the zoning by- law would involve substantial hardship, financial or otherwise. 2. That desirable relief may be granted without substantial detriment to the public good. 3. That it will not nullify or substnatially derogate from the intent or purpose of the Mansfield Zoning By-law. The Board noted however, that the following conditions should be made part of the decision: 1. The property abutts a residential property in a residence zone. The Board recommends that proper fencing be installed along the rear property line to screen the business use from the residential use and that the installation of the fencing be required before a certificate of occupancy is issued. 2. Only one access point and curb cut should be allowed from North Main Street and one allowed onto Church Street to the parking lot. 3. Prior to the formal issuing of a Building Permit the applicant prepare a plan indicating the parking and circulation movement within ;the property and that this plan be reviewed by the Planning Board to insure that the access and egress points would not create future circulation problems within the central business district. Motion: To approve the recommendations on the above applications as written (Mendes -Grant, all in favor) 17. Mr. Robert Jones, Conservation Commission, submitted a plan of Kingman Pond to the Board. Minutes May 1, 1972 -6- 18. Town Planner Maurer advised the Board that Mrs. Thomas felt there were possibilities for funding to do a central business district study. She would like permission to solicit this funding from DOT, with the under- standing that Thomas Associates would be involved in the project. Motion: That we send Mrs. Thomas a letter authorizing her to pursue the possibility for a grant from DOT for a demonstration study. (Mendes -Grant, all in favor) 19. Town Planner Maurer advised that the Board of Selectmen had received a preliminary copy of the drainage study for Hall Street and will review it before presenting it to the Planning Board. 20. Board reviewed a letter from the Mansfield Industrial Development Financing Authority with respect to financing under Chapter 40D of an industrial devel- opment project for Sun Chemical Corporation. Motion: That Town Planner Maurer be authorized to draft a letter stating that the proposed project is not in conflict with any existing local or regional comprehensive plan. (Mendes -Grant, all in favor) 21. Board discussed the request of Robert Rizzo to waive the requirements for sidewalks on both sides of the street within his Wayside Estates Subdivision. Notion: That we write a letter to Robert Rizzo informing him that it never was the Board's intention to waive its requirements for sidewalks on both sides of the street and that the Board expects that side- walks will be put on both sides. (Mendes -Wellington, all in favor) 22. Chairman Chavaree requested that the Board consider having the Clerk sign all Form A plans after they have been reviewed. The majority of the Board would prefer to have the whole Board sign the plans. 23. Chairman Chavaree suggested that letters of recommendation on Board of Appeals applications be mailed out with the minutes. The majority of the Board agreed. 24. Notion: To adjourn (Wellington -Mendes, all in favor) 11:15