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.