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HomeMy WebLinkAboutPlanning 01/18/1978MANSFIELD PLANNING BOARD AGENDA January 18,1978 1. Call to order (7:30 PIM.) 2. Clerk's Report a. Correspondence b. Minutes of January 11,<1978 c. Minutes of January 12,'1978 3. Warrant ors Agenda usiness status of Plans 8. Adjournment AGENDA January 19, 1978 1. Call to order (7:30 P.M.) 2. Workshop meeting to discuss zoning MANSFIELD PLANNING BOARD MINUTES January 18, 1978 Present: Chairman Parsons, Clerk Lesuer Planners: Tighe Grant, Mangiaratii, Hartmann, Mahana Planning Director Maurer 1. Letters were read from the following: Town Counsel to Planning Board regarding water pressure Release form for Rustic Acres TownEngineer to Planning Board regarding earth removal regulations Memorandum to all Boards and Committees from Board of Selectmen regarding deadline for articles for Annual Town Meeting. Board of Appeals notice of hearing on the application of Robert M. Klenowski Board of Appeals notice of Public Hearing on application of Delinda Baptiste Petition from citizens of Mansfield on piggeries article Board of Health minutes of December 14, 1977 and January 4, 1978 Massachusetts Department of Community Affairs newletter on Housing and Community Development Act of 1977 Planning Boadd to Ronald Montaquila regarding appointment to Downtown Advisory Committee planninggoard to Board of Appeals regarding application of Frederick Deluti.s Planning Board to Board of Appeals regarding application of Fred J. Barrows Planning Board to Board of Appeals regarding application of Elaine Copparini Planning Board to Board of Appeals regarding application of Bernard S. O'Malley. Planning Board to Town Counsel regarding water in subdivisions. Planning Board to Attorney Bennett regarding Rumford River Estates Planning Board to Franklyn Allen regarding Form A on Ware Street Planning Board to Wendell Jackson regarding Form A on East Street Planning Board to Norman Gray regarding Rumford River Estates. Minutes January 18, 1978 Page 2 2. Motion: To approve the Minutes of January 11, 1978 as presented. (Lesuer-Tighe, all in favor) VOTED 3. Board reviewed the Minutes of January 12, 1978 and noted the following Item #3 to read: Motion: The buffer between a residential zoned area and a business zoned area shall be 10 feet. Also to be changed is In instances where two property owners want to share a parking facility the buffer requirement shall be waived. (Grant-Lesuer, all in favor VOTED Item #4 to read (Grant®Mangiaratti, Hartmann in favor, Lesuer opposed) VOTED Motion: To approve the Minutes of January 12, 1978 as amended. (Grant-Lesuer, all in favor) VOTED Chairman Parsons noted that there would be an informal hearing at 8:00 P.M. to discuss the draft proposed for earth removal regulations. lie noted that they would be asking for comments from whoever attended and use those comments to make a presentation at a formal public hearing and then on to Town Meeting. He questioned if the Board had any discussion prior to the informal public hearing. It was noted that there were no comments. Board discussed the preliminary plan for Rumford River Estates. Planning Director Maurer noted that no comments have been received back from the applicant, Mr. Gray, however he had talked to Town Counsel regarding his opinion on the water pressure constitutinga reason for disapproval of the plan and Town Counsel noted that there is a recent court case that determined that a plan can be disapproved and the Town not held responsible for the water. Town Counsel felt that they would have to demonstrate a good faith of working with the developer in solving the water problems and that various alternatives be presented by the developer. He noted that the developer may propose to pay for a portion of the cost of the new main and the Town pay for the other portion, then it goes to Town Meeting and the Planning Board can't be held responsible for the action of Town Meeting. It was noted that the inadequacey of the water pressure was demonstrated with the fire on South Main Street sunday evening. Planner Grant questioned if the pressure is directly associated with the fire prevention where there is the reservoir present and could the burden be put on the Fire Department to acquire a pumper truck. Chairman Parsons noted that this was an alterantive that should be addressed by the developer. Chairman Parsons noted that the case in which Mrs. Jellinek referred to at the last meeting was from the Town of Southboro and is in the General Laws Chapter 40, Section 24 and the decision was made in 1976 and the decision was upheld in favor of the Town. Motion: To send a letter to the Fire Department and Water Department to address the water problems in the area of Rumford River Estates. (Mangiaratti-Grant, all in favor) VOTED (Planner Mahana entered the meeting at this time.) Minutes January 18, 1978 Page 3 6. At 8:00 P.M. the Planning Board held an informal public dicussion on the proposed earth removal regulations and the following comments were noted. Planning Director Maurer gave a brief description of the two alternatives proposed and the reason for the amendments being that the present regulations are not strict enough. He noted that over the next few years there will be a big demand for gravel in this area and felt that there should be new regulations before this time. Clerk Lesuer read the letter from the Town Engineer noting areas in the proposed amendment that could be changed regarding the water level and the permit granting authority. Karl Clemmey came before the Board and noted that he would like it to be recorded in the minutes that the Board of Health is present. He noted that he asked the Town Engineer to send his comments to the Board of Health for their review and not to the Planning Board as the Town Engineer:is representing the Board of Health. George Wojtkiewicz noted that he felt there were weaknesses in the existing by-law, however he did not feel there was a confusion between the subdivision control and the zoning by-law for earth removal. He noted that he would like to see them get rid of commercial earth removal in its entirety,however this is a property right, and as long as an earth removal operation is carried out with good earth removal operations and can co -exist with abutting uses of land and the enviromental quality of other people in the Town, then he is personally in favor of Alternative A, which still allows the commercial operations to exist. He noted that the clause which states the value of the property cannot change should be removed because you cannot remove earth without tearing down trees and lowering the value of the land. He noted that as far as the permit granting authority is concerned under the general conditions that logically the planning Board, at this time, is the Board best qualifi to issue permits, however, boards change and in the future the planning board may not be as qualified. He noted that the Board of Appeals is appointed by the Selectmen to represent the wishes of the people of the Town. He noted however that the Planning Board is larger and gets different views. He felt that the best solution would be to have both Boards working in tandem in some way with one board holding the public hearing and then have both boards approve the permit. Mr. Wojtkiewicz felt that the operational hours should be when there are no school children on the roads. He noted that in #5 under Operational itrefers to the operator as being responsible for daily cleaning and felt that this should be the owner as he is usually the one who live in town. Felt that the hearing on the extension of the permit should not be waived. Felt that the Building Inspector is too busy to be the enforcement officer, and that if there are more than three violations then the permits would be revoked should be added Leonard Flynn noted that he agreed with the Planning Board being the permit granting authority as they have been a very professional board and they have a full time employee who can monitor these, He noted that the buffer area is to screen the area and reduce noise and felt that this should not be reduced. He felt that the ground water is critical and on several pits Minutes January 18, 1978 Page 5 7. Board reivewed the Form A Plan for Franklyn Allen for land on Ware Street (Planner Grant did not participate in any discussion or voting on this plan) It was noted that the roadway easements had been labelled as required by the Planning Board. Motion: To endorse the Form A Plan for Franklyn Allen for land on Ware Street. (Lesuer-Tighe, all in favor) VOTED. 8. Board reviewed the Board of Appeals application for Walter Alfieri for land on West Street for a variance to divide a parcel of land identified as lot #8 on Assessors Map 5 located on West Street into two separate lots. One lot would have a frontage of 85 feet, which is non -conforming in an Agricultural Zone. Motion: To recommend tbrthe Board of Appeals that the variance for Walter Alfieri be granted with the condition that only one single family house be constructed on each lot. (Mangiaratti-Mahana, all in favor) VOTED Planner Grant noted that he would rather see onelot with 100 ft. frontage and one lot with 105 ft. frontage instead of an 85 foot frontage. 9. It was the consensus of the Board to discuss the Earth Removal proposed provisions at the next meeting. 10. It was the consensus of the Board to discuss the Business Zoning at the special meeting to be held on Thursday, January 19, 1978. 11. Board reviewed the Board of Appeals application for Robert M. Klenowski, DDS to use a dwelling located at 235 Central Street for professional offices. Said use is non -conforming in a Business C Zone. Motion: To recommend to the Board of Appeals that the variance for Robert M. Klenowski be granted. (Grant -Hartmann, all in favor) VOTED 12. Board reviewed the Board of Appeals application of Dalinda Baptiste for a Variance to divide a parcel of land at 22 Highland Ave. into two separate lots. Each lot would have a frontage of 75 feet which is non- conforming in a Residence "B" Zone. Motion: To recommend to the Board of Appeals that the variance for Dalinda Baptiste be approved with the stipulation that the approval be contingent upon a single family dw6lling only being allowed on the lot. (Grant-Mangiaratti, Mahana, Parsons in favor, Grant, Tighe, Hartmann,:desuer opposed)'VOTED Minutes January 18, 1978 Page 6 13. Board discussed the petition for an amendment to the Zoning By-law for the elimination of Piggeries. (Planner Mangiaratti left the meeting and did not participate in any discussion.) Planner Grant questioned if the Planning Board could present an alternative to this proposal. It was noted that they could but still had to present this proposal as petitioned. Motion: To accept the petition for the amendment to the Zoning By-law on piggeries and to schedule the Public Hearing at the time when the hearing is held for the other petitioned articles. (Tighe-Lesuer, all in favor) VOTED 14. Board discussed the lot release form for the lots within the Rustic Acres subdivision. Planning Director Maurer advised that the Planning Board had voted to release these lots on July 20, 1977 and that the applicant had misplaced the document to be filed for the release and this was to confirm this action. Planning Director Maurer noted that the securities had been previously received by the Board on that date. Motion: To endorse the release form for the lots within the Rustic Acres subdivision as previously voted. (Tighe -Hartmann, Mangiaratti, Lesuer,Mahana in favor, Grant abstained) VOTED 15. It was the consensus of the Board to hold a workshop meeting on January 25, 1978 with the Downtown Advisory Committee and to discuss business zoning as well as the earth removal regulations. 16. Planner Mangiaratti noted that he did not think that certain remarks of Mr. Clemmey regarding the work ofthe Planning Director were appropriate as the Planning Director had prepared the earth removal regulations at the request of the Board and that the Planning Director had spent clot of time working on the revised zoning regulations for Town Meeting. Motion: To give the Planning Director a vote of confidence for the work that he has done on behalf of the Planning Board for the Planning Board zoning articles for the 1978 Annual Town Meeting and the articles for the Downtown Advisory Committee. (Mangiaratti-Grant, all in favor) VOTED 17. Planner Tighe asked about the letter from W.R.C. properties and the expiration date of the bonds. Planning Director Maurer advised that the bonds are with Aetna Casualty Company and that there is no expiration date on the bonds. It was noted that Mansfield Trust has not formally responded to the Planning Board's prior letter. Motion: To send a letter to Mansfield Trust requesting that they clarify the bond situation between themselves and W.R.C. Properties, Inc. (Mangiaratti-Lesuer, Tighe, Mahana, Grant in favor, Hartmann abstained) VOTED 18. Planning Director Maurer advised that on January 19, 1978 he and the Board of Selectmen would be meeting with representatives ofE.P.A. to go over some Of the final details of the facilities plan prior to its approval. Minutes January 18, 1978 Page 7 19. The Planning Director advised that the Town would be acquiring a parcel of land off Mill Street for watershed protection purposes. He noted that the money for this acquisition would come from the Community Development funds received in 1975. 20. Planning Director Maurer advised that with the appointment of the new Town Engineer that the engineer can work closely with various town officials in the review of development proposals. 21. Chairman Parsons questioned the status of the flow meter. Planning Director Maurer advised that it had been washed away ina storm last year. 22. Meeting adjourned. Clerk