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HomeMy WebLinkAboutPlanning 01/16/1980MANSFIELD PLANNING BOARD AGENDA January 16, 1980 1. Call to order 7:30 P. M. 2. Clerk's Report a. Correspondence b. Minutes of January 9, 1980 3. Warrant 4. Visitor's Agenda 8:00 P. M. - Industrial Development Commission - Industrial Zoning 8:30 P. M. - Ralph Maloon - Webster Street 8:45 P. M. - Richard Curley - Webster Street 9:00 P. M. - Margot Jellinek - Boro Sand & Stone 5. Old Business a. Status of Plans 1) Americo P. Day - Unaccepted Street - Webster Street (1/30/80) b. Work Program 6. New Business a. Status of Plans b. Correspondence c. Public Discussion d. Date for the next meeting e. Around the Table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES January 16, 1980 Present: Chairman Parsons; Clerk Flynn Planners: Morrison, White, Hartmann*, Kaufman*, Matoian* Planning Director Maurer 1) Chairman Parsons called the meeting to order. 2) Clerk Flynn read correspondence from the following: Letter from Robert Chavaree requesting the Board insert an article in the annual Town Warrant for acceptance of Riverside Drive, Basin Street and Union St. Ext. in Riverside Park Subdivision. Copy of a letter to Thomas Bonome from the Conservation Commission concerning the relocation of the Back Bay Brook. Material from Americo P. Day, Jr. concerning the unaccepted street subdivision off Webster Street documenting the legal rights of Americo P. Day and Richard S. Blandori. Letter from SRPEDD offering assistance on the water supply protection program signed by Michael J. Medeiros. *Planners Hartmann and Kaufman entered the meeting at this point. Letter from Mass. Federation of Planning Boards Inc. thanking the Board for their invitation to hold a Spring meeting at the Sheraton in Mansfield. The meeting will be held at the Worcester State College. Minutes of the Conservation Commission meeting of December 27, 1979. Notice of hearing from the Attleboro Zoning Board of Appeals for hearings on January 24, 1980 at 7:30 P.M. for Sarah Benjamin, Maxine Torman, Richard J. & Charlotte C. Balbaton for a special permit to conduct a Numismatics and Philatelist sale of currency, stamps and other related items at 765 Newport Avenue. Application of Arthur M. Pacheco and Arthur Realty for a special permit to construct 2 duplex apartment buildings at 35-37 Phillips St. Application of William R. Sharples to continue a non -conforming manufacture of steel rule dies at 61-63 West Carpenter St. Application of Pasquale & Mary Vacca, and James E. Jackson for a special permit for a dentist's office at 2 Rathbun Willard Drive. Application of George & Susan Lamarre for a special permit for the continuance of a temporary special permit to operate a beauty shop at 11 Mary Street. Application of Eugene Fontaine for a special permit to convert the existing dwelling at 40 Orange Street to 3 family units. Application of Chemcon Inc. for a special permit for the extension of a nonconforming structure, Minutes January 16, 1980 Page 2 and reduction of parking spaces to construct 2 additions to the building at 30 Mann Street, South Attleboro. Handout memorandum from the Planning Director concerning future industrial zoning. Board of Health minutes from November 27, 1979, November 14, 1979, Dec- ember 5, 1979 and January 3, 1980. Letter from the Town Engineer Anthony G. Stanzione to the Conservation Commission concerning the drainage pipe on Plantingfield Road. *Planner Matoian entered the meeting at this time. Flyer from Means 1980 concerning cities and dates of construction seminars. Notice of Special Permit Decision from the Norton Planning Board for John J. Teixeira for the selling of fish & chips restaurant at 162 West Main Street. - Granted with conditions. Notice of Special Permit Decision from the Norton Planning Board for Francis J. Leroux for a restaurant at 164 West Main Street. - Granted with conditions. Decision from Attleboro Zoning Board of Appeals on the application of Ronald F. and Kathleen M. Bouchard to approve a fence over 3 ft. in height at 57 Robinson Ave. - Granted Decision from Attleboro Zoning Board of Appeals on the application of Jan. Co., Inc. for a special permit for an access driveway between Washington Street and Newport Avenue at old Simpson Ave. layout.- Denied Decision from Attleboro Zoning Board of Appeals on the application of Russell DeTore and Lucille Thomas from a decision of the Inspector of Buildings denying a permit to construct an addition to the building at 840 South Main Street. - Granted with restrictions. 3) Motion: To accept the minutes of the January 9, 1980 meeting as written. (Hartmann - Flynn, all in favor) VOTED 4) Mr. Curley from Webster Street appeared before the Board and wanted to know if the location of the septic systems was a requirement under the subdivision control regulations. He noted he would like to see the ones on the proposed lots on Perkins Avenue and Webster Street go into the front yards. He was told the Board of Health makes that decision. 5) The Board reviewed the memorandum on Cluster Zoning that the Planning Director submitted last week. Planning Director Maurer noted there are substantial differences between the proposal considered by the Planning Minutes January 16, 1980 Page 3 Board and the one offered by the developer for land on Tremont Street. The Town was talking construction of single family units on smaller lots and he is talking multi -family units in density not to exceed what you could put on regular lots. His was more a Planned Unit Development with commercial rather than cluster. Cluster is just smaller lots with the remaining land set aside for open space. Mr. Maurer noted he has checked regulations in other Towns and has found that the regulations proposed in Mansfield a few years ago are as strict or stricter than others that are in effect. Planner Kaufman questioned if someone had the right to grant a variance to allow the Tremont Street developer to go ahead with his plans and if it seemed to work out the By-law could be changed to include Cluster and if it didn't work Cluster would not be put in the By-law. Planning Director Maurer noted it is always better to change the By-law first because then you have standards that the developer would have to follow instead of letting him set his own standards that might not be as high as the Town would like. Mr. Maurer noted a small area of the Town could be rezoned for cluster without putting it in the whole Agriculture zone to see how it works. Clerk Flynn noted that she didn't feel that Cluster is of any value to the Town because of the septic systems on smaller lots and possible problems with the water recharge areas. Motion: To put off consideration of Cluster Zoning indefinetely. (Flynn - Matoian, Flynn, Matoian, Hartmann, Whitein favor; Kaufman, Morrison opposed) VOTED 6) At 8:00 P. M. the Board welcomed members of the Mansfield Industrial Development Commission including Ralph Seifert, Christy Vose, Anthony Melchiorri, Ralph Sarro, Jr. and Karl Clemmey to the meeting. Planning Director Maurer gave a summary to the gathering of a memorandum prepared as a handout for the meeting on Future Industrial Zoning. He noted there are presently 1556 acres of land zoned for Industry in Mansfield. of a total of 12,650 acres in the Town for a total of 12% zoned for Industry. He noted that the current assessed value of industry in Mansfield is 17,541,900. Ralph Seifert stated the assessment figure would rise by 1.2 million dollars in 1980. Mr. Maurer also noted that 27% of the Town is publicly owned land and that 50% of the vacant land in Town is questionable for development and most of it is protected by Wetland Zoning. There are roughly 4,000 acres of land remaining to be developed in Mansfield. He noted it is up to the Planning Board and Industrial Development Commission how that land is developed. About 1/2 of the industrially zoned land has been developed. Mr. Maurer stated that if it is decided to zone:More land for industry then the developer should be responsible for the cost of the Minutes January 16, 1980 Page 4 extension of municipal utilities. He also noted that wetland areas should not be included in a rezoning proposal for industry. IDC Chairman Seifert noted that they are concerned with the balanced growth of the community, but stated that he did not have the official position of the Board at this point. Mr. Seifert noted he feels the Town has a moral commitment to Cabot, Cabot and Forbes to restrain like competition until their park is finished, and that he would be reluctant to recommend to the Board any additional industrial zoning at this time. Member Ralph Sarro agreed and noted he would like to see restrictions to keep industrialy zoned areas as nice as possible. Member Christy Vose noted that his main concern is the balance between industry and residential. He felt that residential is what we are looking for right now, otherwise it might change the character of the community. Member Tony Melchoirri noted that the extension of utilities is a big factor and felt that there is enough industrial land available right now. Member Karl Clemmey felt that if there is land that has utilities all Boards should take a serious look at each situation, expecially land on a highway, such as on South Main Street. Chairman Parsons asked if the IDC has had pressure to have more land zoned industrial? Chairman Seifert of the IDC said no that there is still land available to be developed. Chairman Parsons asked the IDC their feeling on the industrial land on Branch Street along the Old Colony Railroad right-of-way on whether it should remain industrial or what. Chairman Seifert noted they would put it on their agenda to discuss at their next meeting. Carl Nelson of Spring St. noted that the 50% of the industrial land that remains to be developed is never going to be used for industry such as the land on Gilbert St. in West Mansfield and the land on Branch Street. He said he felt that the land on South Main Street would be ideal to be zoned for industry, and it should be done this year. Chairman Parsons noted the IDC should probably discuss the land on Gilbert Street owned by Sweet Manufacturing that is zoned for industrial. 7) Ralph Maloon, Engineer for Americo P. Day and Richard Blandori appeared before the Board to review the plan for the Webster Street unaccepted street subdivision and to show the Board the changes made in the plan as requested by the Board in their letter of December 20, 1979. The extension f' of the pavement to the existing pavement on Webster St. is shown. The Minutes January 16, 1980 Page 5 covenant has been filed with the Board and is referenced on the plan. The existing limits of the wetland on Lot #257 are shown on the plan. The engineer explained the drainage calculations to justify the size of the drain lines. He noted there is a small area to be drained and that the road and the lots are going to be raised to be built on. They are not going to change the ground too much because it would affect abutting land. There are 4 catch basins. The documentation on their legal rights to utilize Perkins Ave. and Webster Street was submitted by Americo P. Day, Jr. Attorney. Mr. Maloon explained that to put the development on Town sewer would involve bringing in large amounts of fill because the sewer line on Central Street is higher than the land in question. The only other possibility would be to put a pump in and that wouldn't be practical for 6 homes. Mr. Maloon noted that septic systems would cost the homeowner $2,000 each. Sewer with the pump would be $4,000 per house. He noted that they have perced 3 lots and they were all excellent. The outside corner rounding where Webster St. joins into Perkins Ave. is shown as a curvature on the plan. The typical cross section shows the Cape Cod Berm on the plan. The drainage headwall detail is shown on the plan. Planning Director Maurer suggested that the documentation on the legal rights be turned over to Town Counsel for his formal opinion. The Board decided to meet at the site at 7:30 A.M. on Saturday, Jan. 19th to view the site. Engineer Maloon stated he would have the area staked out and be their to view it with the Board. Mr. Curley of Webster St. noted that his main concern is the drainage and the frontage on the street. He also noted that there is a difference of almost one foot where the pavement joins the existing road. He noted that should the road go in that will make a dangerous corner. He stated that the water collects at that spot and there is no Town drainage there. 8) Mrs. Margot Jellinek appeared before the Board and stated that the water table is very low right now and they shouldn't be doing pert tests at this point. Mrs. Jellinek also spoke to the Board on the application of Boro Sand & Stone for a gravel removal permit. She showed the Board plans of Boro Sand & Stone of the area done in 1973 and a plan of the well and the berm that was taken out. Also a map of the recharge area for the well. She stated that in 1976 the Town meeting voted to let Boro Sand & Stone take gravel out in the 400 ft. area of the well. She stated Mr. Rezza has had 3 extensions on this permit and if he is allowed to take the gravel out the Town will lose the 95 well. She stated he has to drain.the swamp to get the gravel out. 9) Motion: To present the request for street acceptance for Riverside Drive, Basin Street, Union Street Extension received from Robert E. Chavaree to the Town Meeting. (Hartmann - Matoian, all in favor) VOTED Minutes January 16, 1980 Page 6 10) Planning Director Maurer told the Board that the League of Women Voters major concern in pond development is the indescriminate development of ponds and the danger to the water table. They look at it as a loophole in the gravel removal regulations. They feel that ponds should have a sufficient flow of water through them so they won't be stagnant. They also feel that ponds shouldn't be developed in water recharge areas. Planning Director Maurer noted that the Board should either accept the League's proposal; revise the existing regulations and make them stricter; or decide that the existing regulations are adequate. Planner Hartmann felt that the Board should either make no recommendation or strengthen the regulations in recharge areas. Mrs. Grace Genatossio from the League of Women Voters questioned if they go tb recharge areas how would they govern recharge areas if a well was shut down. She noted the League would also like to see the depth of the ponds restricted. Mr. Genatossio noted that there are recharge areas and lesser recharge areas over 80% of the Town. It was decided to have the Planning Director compile background information on his recommendation on the pond development proposal and to have Whitman and Howard come in and talk to the Board. 11) The date for the next meeting was set for January 23, 1980. 12) Planner Morrison noted that he had driven through some new subdivisions and found that the fire hydrants were poorly placed and hang over onto the sidewalks. He also stated that the sidewalks in Canoe River Acres are in terrible condition and there is a definite problem where they cross the driveways. Planning Director Maurer noted that Canoe River Acres was approved before the requirement was added to subdivision control regulations that the sidewalk had to be level across the driveways. 13) It was decided to have Planning Director Maurer contact Michael Medeiros of SRPEDD to bring his map of the acquifiers for the Board to view. 14) The meeting adjourned at 10:15 P. M. Clerk l o/ o Date