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HomeMy WebLinkAboutPlanning 01/31/1979MANSFIELD PLANNING BOARD AGENDA January 31, 1979 1. Call to order (7:30 P. M.) 2. Clerk's Report a. Correspondence b. Minutes of January 22, 1979 3. Warrant 4. Visitors Agenda 8:00 P. M. - Robert Mangiaratti - Downtown Advisory Committee Fairfield Site 8:15 P. M. - David White - Pond Development 8:30 P. M. - Margot Jellinek 8:45 P. M. - Franklyn Allen 5. Old Business 1979 Town Meeting Articles* 6. New Business a. Status of Plans Fred DeLutis - Form A - West St. b. Correspondence c. Public Discussion d. Date for next meeting e. Around the Table 7. Adjournment *Enclosed MANSFIELD PLANNING BOARD MINUTES January 31, 1979 Present: Chairman Parsons, Clerk Leseur Planners: Mahana, Grant, Mangiaratti*, Matoian*, Hartmann* Planning Director Maurer 1) Chairman Parsons called the meeting to order. 2) Correspondence was read from the following: Newsletter from the Mass. Federation of Planning Boards. A petition to rezone land from Agriculture to Industrial located on South Main Street by Route 495. A petition to rezone land from Agriculture to General Business located on South Main Street and Reservoir Street by Route 495. A petition to rezone land from Agriculture and Residence A to Industrial located on the southerly side of West Street between the driveway to Clemmey, Inc. and proposed relocated Route 140. Copy of the Board's letter to Michael Whalen of the Soil Conservation Service. Copy of a Court decision relating to a drainage situation in Marshfield. Copy of a.Board of, Appeals application from Henley Lundgren Company for variances from Section V, Paragraph G of the Zoning By-law to waive certain operational standards at an earth removal project off South Main St. Copy of a Board of Appeals application from Edward and Natalie Broderick requesting a variance to convert an existing two family dwelling to three families at 89-91 East Street. A copy of a Court case where a Planning Board denied a subdivision. The developer presented revisions to the Board and was told a new hearing would be necessary. The developer took it to Court and the Court ruled in favor of the Planning Board stating once a decision has been made a new hearing would have to be held. 3) Motion: To approve the minutes of January 22, 1979 (Lesuer, Grant, all in favor) VOTED 4) A Form A Plan for Fred DeLutis for land at the rear of 98 West Street Minutes January 31, 1979 Page 2 was reviewed. Motion: To endorse the plan (Grant, Mahana, all in favor) VOTED 5) Motion: To send a letter to Arthur Carr of Codex thanking him for the open house on January 24, 1979. (Grant, Mahana, all in favor) VOTED Planner Mangiaratti entered the meeting at this time. 6) The Board reviewed the application of Henley Lundgren to vary certain standards of the earth removal regulations as follows: Section 3, b - Operational - to be allowed to work from 7:00 A. M. to 5:00 P. M. Section 3, c - Commercial Operations 1 - to be allowed to excavate not lower than the lowest elevation on the site. Section 3, c - Commercial Operations 3 - to be allowed to omit this section from the requirements. Planner Grant felt the Board should not comment on the variance as they ;will act on it at a later, date and felt he didn't want to pre- judice the Planning Board's case and commit ourselves. Planners Hartmann and Matoian entered the meeting at this time. Planner Mangiaratti felt the Board could recommend on what is on the table now, and felt the Board should recommend to grant so they will have the latitude to act when.the application comes before the Planning Board. Motion: To not comment on the variance as the Board will act on it at a later date. (Grant, Matoian -.Hartmann, Matoian, Grant, Lesuer in favor Mangiaratti, Mahana opposed) VOTED 7) Planner Mangiaratti commented on the Downtown Advisory Committee's proposal for the Fairfield Site.and the proposed Article for the 1979 Annual Town Meeting. He noted the Housing Authority has a waiting list of 60 persons and there is a need for housing for the handicapped and housing for older persons who do not qualify for the Housing Authority. Studies have shown residential use is the best for the downtown area. Those are some of the reasons the Committee decided to go with a housing project for the elderly. He noted a Town Meeting vote is necessary to authorize the Selectmen to sell the one acre Minutes January 31, 1979 Page 3 parcel to the selected developer in accordance with guidelines set forth in the article. He noted in choosing a developer price will be considered and also the best use of the land for the Town. The objective of the Committee is to meet the various needs for development in the Town and to show private development in the downtown area can work. Once the developer is selected there will be a public hearing with the Planning Board so the public will have a chance to voice their opinions. Planner Mangiaratti noted there will be security bonds posted to make sure the project will be completed. The Downtown Advisory Committee has contacted all private owners in the area and they are all interested in selling if, the price is fair. Planning Director Maurer stated the Housing Authority could take a commitment on a number of apartments if the development was completely privately financed. He also noted the tax revenue from the existing privately owned property in the area that will be affected is presently about $9,000. Planner Grant felt there should be some wording in the article that there is a time limit for property to be purchased and for the project to begin. 8) David White appeared before the Board and showed them a map from the Department of Public Works which was drawn from aerial photos. He feels the drainage flow shown on the map in incorrect. He stated they have a 48" pipe going in the wrong direction. He wants a 72" pipe under School St. Mr. White showed a picture of the 24" pipe which Was under water during last week's storm. He stated the drainage area for this pipe is a one hundred acre area. Mr. White noted he felt a pond on his property was the only reasonable solution to the problem if the pipe size is not increased. He stated he would like to start a trout farm and protect his property from flooding. He said Henley Lundgren will remove the top eight feet of gravel to use for the road and dige through the ledge to reach the desired depth for the trout pond. He noted he has an opportunity to purchase the property on both sides of his proposed pond area. Planner Hartmann asked Mr. White if he was going to follow the pond restoration regulations for sloping of banks and so forth. Mr. White said no he would follow the up and down slopes but not the outer,banks because it is a retention area and he wants to minimize the growth of vegetation. Mr. White left a letter with the Board requesting an:earth removal permit for surplus material to remove material that is excess to the construction of a grass waterway. Chairman Parsons told Mr. White the Board would take it up at the next meeting. Minutes January 31, 1979 Page 4 9) Margot Jellinek appeared before the Board with a proposed amendment to the Zoning By-law to delete all reference to pond development from the By-law under the Earth Removal Regulations and under the Pond Restoration sections. She also proposed adding two sections to Section V -G -3-e-1 which would read, "c) Depth of excavation shall not exceed 15 ft; and d) Removal of material from ponds shall fall under the earth removal by-law as amended in 1978 except #3 under "Commercial Operation." Mrs. Jellinek noted that Fulton's Pond is ruined because the sediment is gone and the water does not stay in the pond. She also noted the Town cannot afford any more problems with water. Mrs. Jellinek presented a copy of her proposed article to Chairman Parsons. 10) Motion: To direct the Planning Director to schedule the public hearings to insert the following articles into the 1979 Annual Town Meeting Warrant: Willis Street - Street Acceptance Brookside Estates - Street Acceptance Erick Road - Street Acceptance Cabot, Cabot and Forbes - Street Acceptance (Hartmann, Mangiaratti, all in favor.) VOTED 11) Wetland Zoning - Planning Director Maurer stated he felt the revisions in the proposed article would be a step in the right direction until the Board can have a complete study done on the Zoning for Wetlands. Motion: To direct the Planning Director to schedule the necessary public hearing to insert the Wetland Zoning Article into the 1979 Annual Town Meeting Warrant. (Mahana, Grant, all in favor) VOTED 12) Motion: To direct the Planning Director to schedule the public hearing to insert the Earth Removal revisions including the addition to V -G -2-b-8 as follows: (d) Any removal of earth not otherwise covered in this By-law. into the 1979 Annual Town Meeting Warrant. (Mahana, Grant, all in favor) VOTED 13) Motion: To direct the Planning Director to schedule the necessary public hearing to insert the following statement into the Pond Restoration section of the Earth Removal Regulations into the 1979 Annual Town Meeting Warrant. Section V -G -3 -e -1-c shall read: "Depth of excavation shall not exceed 15 feet." d) Removal of material from ponds shall fall under the earth removal by-law as amended in 1978 except #3 under Commercial Operation. The words "and development"shall be deleted from all Minutes January 31, 1979 Page 5 references to Pond restoration and development as mentioned In the Pond Restoration section of the Bylaw. (Mahana!, Hartmann, - Mahana, Hartmann in favor; Lesuer, Grant Matoian and Mangiaratti opposed) NOT VOTED 14) Housing Authority request for rezoning on their land on Pratt Street. Planner Mahana suggested the Planning Director contact the Pastor of the Roman Catholic Church on Pratt St. to let him know of the plans to rezone as their land will be involved. Motion: To direct the Planning Director to schedule the necessary public hearing to insert the Housing Authority Rezoning Article into the 1979 Annual Town Meeting Warrant and to have the Planning Director contact the Pastor of the Roman Catholic Church on Pratt St. (Mahana, Matoian, all in favor) VOTED 15) Ware Street Rezoning - Chairman Parsons suggested the rezoning of the Industrial Land off Ware Street, Fruit Street, South Main Street and Short Street back to Agriculture and Residence A. Planner Grant noted he didn't feel the manufacturing plants in the area should be taken out of the Industrial Zone and put into a non -conforming use. Motion: To leave the Ware Street, Fruit Street, Short Street and South Main Street Zoning as it now stands as Industrial. (Hartmann, Lesuer, - Hartmann, Lesuer, Mangiaratti, Matoian, Grant in favor, Mahana opposed) VOTED 16) The Board reviewed the request for a variance from Edward and Natalie Broderick to convert an existing two family dwelling at 89-91 East St. to three families. The use would be non -conforming in a Residence B Zone. Motion: To recommend the Board of Appeals deny as it would derrogate from the intent of the Zoning By-law and the applicant failed to demonstrate a hardship on the land. (Lesuer, Hartmann, all in favor) VOTED 17) Motion: To direct the Planning Director to schedule the necessary public hearings to insert the four` rezoning articles submitted with the required signatures to rezone land bounded by the Southerly side of Reservoir Street, westerly by South Main Street, northerly by Route 495 and easterly by the Town of Mansfield from Agriculture to General Business; to rezone land on South Main Street beginning at the Mansfield - Norton Town line bounded by land owned by Gray Realty Trust, New England Realty Trust, Haskell, Richard R. Vazza and Route 495; land on the southerly sideline of West Street at the Minutes January 31, 1979 Page 6 at the easterly of the present Industrial Zone approximately 621 feet east of South Walnut Street; and the petition sub- mitted by Denise Cuneo for rezoning of Chauncy Street and Central Street. (Mangiaratti:, Hartmann, all in favor) VOTED 18) The date for the next meeting was set for February 7, 1979 at 7:30 P.M. 19) Meeting adjourned at 10:30 P. M. Clerk Date MANSFIELD PLANNING BOARD AGENDA February 7, 1979 1. Call to order 7:30 P. M. 2. Clerk's Report a. Correspondence b. Minutes of January 31, 1979 3. Warrant 4. Visitor's Agenda 8:00 P. M.- J. P. Smith 5. Old Business 6. New Business a. Status of Plans Colonial Heights Subidivision b. Correspondence c. Public Discussion d. Date for next meeting e. Around the Table 7. Adjournment * Bi -Monthly Meeting 8:00 P. M.