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HomeMy WebLinkAboutPlanning 01/25/1978MANSFIELD PLANNING BOARD AGENDA January 25, 1978 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of January 18, 1978 c. Minutes of January 19, 1978 3. Warrant 4. Workshop Meeting a. Downtown Business (Joint meeting with Downtown Advisory Committee) b. General Business c. Special Business d. Signs e. Earth Removal 5. New Business a. Status of Plans - new submissions b. Correspondence c. Public Discussion d. Date for next meeting e. Around the Table 6. Adjournment MANSFIELB PLANNING BOARD MINUTES January 25,1978 Present: Chairman Parsons, Clerk Lesuer Planners: Tighe, Grant, Mangiaratti, Hartmann, Mahana Planning Director Maurer 1) Letters were read from the following: Downtown Advisory Committee to Planning Board regarding amendments to downtown business zoning. Downtown Advisory Committee to Mary Frisoli regarding improvements on North Main Street. Downtown Advisory Committee to Douglas Real Estate regarding renovations on North Main Street. Norman Gray to Planning Board regarding Rumford River Estates Planning Board to Board of Appeals regarding application of Robert N. Klenowski, DDS Planning Board to Board of Appeals regarding application of Dalinda Baptiste Planning Board to Board of Appeals regarding application of Walter Alfieri. Planning Board to Acting Fire Chief regarding water pressure for Rumford River Estates Planning Board to Water Superintendent regarding water pressure for Rumford River Estates. Planning Board to Cabot, Cabot & Forbes regarding bonds for industrial park. Conservation Commission to Planning Board regarding Rumford River Estates. Legal notices of Publicc;Hearing from Town of Foxborough regarding zoning amendments. Legal notices of Public^Hearing from City of Attleborough regarding zoning amendments. 2) Motion: To approve the Minutes of January 18, 1978 as presented. (Tighe-Mahana, all :yin favor) VOTED 3) MOTION: To approve the Minutes of January 19, 1978 as presented. (Tighe-Mahana, all in favor) VOTED Minutes January 25, 1978 Page 2 4) Motion: To approve the warrant in the amount of $21.87. (Tighe-Mahana, all in favor) VOTED 5) Board discussed the earth removal proposed regulations. Board discussed the pros and cons of commercial operations and whether the two alternatives should be carried to Town meeting floor or if only one proposal should be presented. Motion: To pursuealternative A for the article to be presented to Town Meeting for the earth removal regulations. (Tighe-Lesuer, Hartmann, Mahana, Grant in favor, Mangiaratti opposed) VOTED Planner Grant felt that the gravel regulations should not be changed at all. He did not feel that the Planning Board should control things like this. 6) Board met with the Downtown Advisory Committee to discuss the rezoning proposal of the Downtown area. Members present were R. Stearns, E. Tartufo, H. Jackson, R. Seifert, D. Kaufman. Planner Mangiaratti (Chairman of the Downtown Advisory Committee) referred to the letter to' -the Planning Board outlining the decision of the Advisory Committee. He noted that the most contraversial item would beh the creation of the Fulton Pond Residential District. He noted that this was considered for large parcels such as the Fairfield Optical property, however, they decided to limit the area to just around the Fulton Pond itself, as this is a very unique area and should remain that way. It was noted that this zone allowed for business development by Special Permit only and would have to accumulate one acre of land or more before this could be done. Clerk Lesuer questioned if they are rezoning a portion of land within the pond itself. It was noted that they are rezoning to the center of the pond. Chairman Parsons questioned if this was given much thought as this could be the stumbling block to the entire article. Mr. Seifert noted that when Mr. Stearns joined the Board it was noted that the uses for this zone are more restricted than what are presently allowed and that it is a nice area and want to try to keep it that way. It was noted that if they could educate the 'people in this area it would eliminate the concern that may arise and if the Committee can do this before Town Meeting there will be no problem. Mr. Tartufo noted that one land owner, Peter Saunders, came before the Board with doubts and after talking to the Board was very satisfied with the Boards proposal. Planner Mangiaratti noted the uses allowed in the Fulton Pond Residential District. It was the consensus of the Committee to eliminate #13, "Con- versions of a Single Family dwelling to not more than three units." It was noted that on #15 there is no provisions for the light manufacturing for the special permit required. Planning Director Maurer noted that their original intent was to leave it open so that they could have a flexibility in the type of manufacturing that would be allowed so that it would be compatable with the surrounding area. Planner Mangiaratti felt that light manufacturing would have to be defined. Minutes January 25, 1978 Page 3 F - It -was --noted that itmes #14 and #17 that there had been a confusion in the revisions. It was noted that multi -family dwellings, whether a new construction=':or renovation of existing structures would have to go through the special permit procedure and felt that Section f in the multi -family dwelling.;complexes would have to be redefined. It was noted that it was the intent of the Committee to require 1 1/2 spaces per unit for multi -family dwellings and that they do not necessarily have to be off-street parking. Clause to be removed that requires that residencies have to be above the street levels. Committee discussed the dimensional requirements for Downtown Business and it was noted that there is a nature in the downtown area to have one building right next to the other and that they are trying to encourage people to invest their money in the downtown area, and are trying to take away as many obsticles as they can. Planner Mangiaratti noted that they are alto takingawaythe parking requirements, for off- street parking within the downtown area, as there is plenty of parking on street and in the public parking facilities. Chairman Parsons felt that it was unfair that the Town provide the parking of multi -family dwellings and to have to be responsible for the upkeep of the parking for the private tenants. Planning Director Maurer noted that there could be a clause that for either a conversion of am" eixsing dwelling or for new construction the applicant shall say there is a certain amount of parking available and if the Planning Board does not feel he meets the parking, then the special permit will be disapproved. it was noted by Planner Mangiaratti that the provision of V -C-1 will have to be modified to say there shall be no off-streetparking requirement in the downtown area. Board discussed the signs in the downtown area. It was noted that the freestanding sign should have a maximum sige added of 32 square feet total per building. Overhanging signs to have a clause added that were there is more than one sign on a building, each additional sign after the first sign shall not exceed 6 square feet per side. (Planner Tighe left the meeting at this time) It was noted that item a should be changed to read "When there is a change in ownership of use of the property, and there are any changes to be made to the signs on the buildings, then all signs shall be made to comply with this By-law." Planning Director Maurer noted that there was concern about what had to be presented to the Selectmen next week when the warrant closed and he talked to the Town Moderator as to what his interpretation was as to what they can submit for articles and changes that can be made and was advised that changes can be made as long as the changes keep with the spirit of the original article. Planner Mahana noted that he was glad to see the Downtown Advisory Committee at this meeting and that he was very pleased with the proposal. Chairman Parsons thanked the Committee for their efforts and noted that he would like to know their feelings on the amendments proposed by the Planning Board and how it relates to the downtown efforts and the feeling on the need for the continuation of the Downtown Advisory Committee. Minutes January 25, 1978 Page 4 Mr. Seifert noted that he felt the Committee served as a useful tool for the Planning Board and felt that they have not yet started as there is traffic flow and identification of parking areas to be considered as well as other items. Chairman Parsons noted that he hoped the Committee would continue. 7) Board discussed the General Business District. Item #8 to read "Gasoline service stations and garages, provided that repairs are conducted within the building, but such stations or garages shall not be used for the storage of motor vehicle salvage. Item #11 to read "Automobile sates areas, exclusive of automobile salvage yards." Item #5 to read offices and banks. Motion: To approve the General Business District as amended. (Grant-Mangiaratti, all in favor) VOTED 8) Board discussed the Special Business District. Motion: To waive the entire special business until a later date when they have more time to discuss this. (Grant-Mangiaratti in favor, Mahanas Lesuer, Hartmann opposed) NOT VOTED Planner Mangiaratti noted that they have created a zone with a minimum of 2 acres, a very restricted zone, and felt that it may be too restrictive *Ith the price of land and development. He felt that this may be illegal. Planning Director Maurer noted that they are opening up land that will require new services being installed and that they should not have to install this for small lots. Planner Mangiaratti felt that they could accomplish the intent, however, maybe they should make all the uses and setbacks in the special zone the same as in the general businessbut 'only by aspecial permit. Planning Director Maurer noted that then they would run into a problem with setbacks from the street. Planner Mangiaratti felt that they have put alot of work into the zoning and did not like to see anyth#ng just pushed through hastily. Planner Mahana felt that there is nothing restrictive In this zone. Clerk Lesuer noted that they were not deciding on a hasty fashion as they have discussed it for a while and felt that it could be made to wait awhile longer but felt that they have given it adequate thought. The Board noted the following changes in the Special Business Zone. Item #8 to read Gasoline service stations and garages provided that repairs are conducted within the building, but such stations or garages shall not be used for the storage of motor vehicle salvage. Item #5 to read 'offices and banks" Motion: To approve the Special Business District as amended. (Mahana-Hartmann, all in favor) VOTED Minutes January 25, 1978 Page 5 9) Board discussed Section IV, B, Schedule. Motion: To eliminate the 2 acre requirement and increase the lot coverage to 50% in the Special Business Zone. (Grant-Mangiaratti, all in favor) VOTED ****To read "****The front yard setback in the Special Business Zone shall be to the building or parking area. Motion: To approve Schedule B as amended. (Grant-Mangiaratti, all in favor) VOTED 10) It was noted that with the changes made at this meeting Page 14, Technical requirements for Business Development would have to be changed to eliminate the 2 acres minimum lot area in the Special Business Zone and the lot coverage to be added at 50%. Page 13, Special Permit Requirements for Business Development, the Special Business District reference to a 2 acre lot shall be removed. 11) Motion: To recess until Thursday, January 26, 1978 at 7:30 P.M. (Mangiaratti, Mahana, all in favor) VOTED 12) Meeting recessed at 10:55 P.M. 13) Meeting reconvened on Thursday, January 25, 1978 at 7:30 P.M. Present were Chairman Parsons, Clerk Lesuer, Planners Grant, Hartmann,<Mangiaratti, and Mahana'as well as Planning Director Maurer. 14) Board discussed the proposed sign regulations. Planning Director Maurer noted that in the General Business the proposed regulations are 'what they had previously discussed at their meetings and the Special Business is the same as in the existing by-law for shopping centers. He noted that the Industrial Zone signs are the same as in the existing by-law with the exception that the height of the sign requirements is eliminated. He noted that under the general regulations for signs permitted they are essentially the same as in the existing by-law. Motion: To ratify the proposed sign regulations for the General Business Zone. (Mangiaratti-Grant, all in favor) VOTED Planning Director Maurer noted that the difference between a freestanding sign in the special business district as opposed to the general business district is that in the special business district they are proposing a larger sign and each shop owner can have an identification sign attached to the freestanding sign of 12 square feet. In addition to the freestanding sign they are allowed a wall sign attached to the building. In the Special Permit-areas,"you'are working with multiple use buildings. It was the consensus of the Board to amend 3-b to read "Area: Two square foot of sign per running front foot of a front building wall" Minutes Oanuary'25,'1978 Page'6 It was the consensus of the Board to amend 3 -a -i to read-" The use may be identified by one (1) thirty (30) square foot per side freestanding sign, sixteen (16) feet high, seven (7) foot clearance,setback ten (10) feet from the property line". Motion: That item 3. (Signs in Special Business Districts and for business uses in the Downtown Business and General Business which require a special permit) be approved as modified. (Mangiaratti-Grant, all in favor) VOTED Motion: To approve the signs in the Industrial District as presented, (Mangiaratti-Grant, all in favor) VOTED Planning Director Maurer noted that in the general regulations he had included directional signs not to exceed three square feet. Planner Grant felt that two square feet would be more than sufficient. Planner Mangiaratti noted that item 1-e should be taken out of the Downtown Business District and put in as a general provisions which would read "When there is a'change 'in ownership or use ofthe property, and there are any changes to be made to the signs on the -building, then all signs shall be made to comply with this by-law. Planner Mahana questioned if there could be something in the by-law that when a business moves out the sign automaticallyhas-to be removed to eliminate there being old signs still on the building when a new establishments erects their sign. it was noted that the changing of the clause above would do the same thing. Motion: To amend section 5 -a -iii to read "Off site directionalsigns provided they do not exceed two (2) square feet in area and not more than two per establishment, provided they are not located within a public right-of-way." (Grant-Mangiaratti, all in favor) VOTED Motion: To approve the General Regulations of the sign provision, for permitted (Mangiaratti-Lesuer, all in favor) VOTED signs. Section 5-b to have a new #viii added to read "Wall signs shall not extend above the roof lines" Section 5-b to have a new #fx to 'read "No freestanding sign shall be constructed on the roof of the building." Permit number shall be noted on the sign to be removed from section 5-c. Motion: To 'approve the General Regulations in their entirety as amended. (Mangiaratti-Grant, all in favor) VOTED 15) It was the consensus of the Board that Section V -I-2 is appropriate as presented. 16) Board discussed section V -K — Site Plan Approval amendment. Planner Grant felt that the Board should check with Town Counsel on the legality of the 2 1/2 inches of pavement. Planner Hartmann noted that there are other Minutes January 25, 1978 Page 9 Motion: Item c-3 be amended to read: "Active earth removal operation shall not exceed a total of five (5) acres at any one time. Each five (5) acre section shall be restored prior to the beginning of the next five (5) acre section, but allowing for reasonable access to the next five (5) acres. (Mahana-Mangiaratti, all in favor) VOTED It was the consensus of the Board to change 3.a to read "All applications with the exceptions=.of surplus material, submitted to the Planning Board for removal of earthen material shall be accompanied by the following:" Motion: To approve the design standards in section 3 of the earth removal provisions. (Mangiaratti-Mahana, all in favor) VOTED It was the consensus of the Board to change b-5 to read "The permit holder shall be responsible...." Item b.2 - All trucking routes and load limits shall be subject to approval of the Chief of Police, to be eliminated in its entirety. Item b-1 operation hours to be changed to 7:00 a.m. to 3:00 p.m. Motion: To change the operational hours from 8:00 a.m. to 5:00 p.m. to read 7:00 a.m. to 3:00 P.M. (Hartmann-Mahana-Mangiaratti, Grant in favor, Lesuer opposed) VOTED Motion: To add a new # b-7 to read "At the end of each working day, no disturbed area shall be left no greater than a 450 slope. (Mangiaratti-Grant, all in favor) VOTED Motion: To amend c -2-b to read "When the depth of excavation is greater than 5 feet, earth may be removed within 50 feet of abutting property line and the land shall be restored to a 6 to 1 slope." (Mangiaratti-Grant, all in favor) VOTED Motion: Monitoring wells shall be.monitored every other week for the duration of December 1st to Aarch 30th. The maximum depth of excavation shall be 6 feet above the highest water level recorded during the monitored period. The monitoring shall be done in the season immediately preceeding the filing of the application. (Lesuer-Mangiaratti, all in favor) VOTED Item c-5 to be changed to read "No area shall be excavated so as to cause accumulation of free standing water. Permanent drainage and siltation control 'shall be provided as needed in accordance with good conservation practices. No drainage shall lead directly into streams or ponds. Item c-7 Any temporary shelters or building erected on the premises shall be screened from public view. These strcutrues shall be removed from the premises within thirty (30) days after termination of operation, prior to the release of securities. Minutes January 25, 1978 Page 10 Motion: To conditionally modify item c-8 to comply with State law. (Mangiaratii-Grant, all in favor) VOTED Item #c-10 to read "Within 30 days following completion of operation final grading shall be established as shown on the approved topographic plan. Item Cll to read "Retained subsoil and topsoil shall be respread over the disturbed area to a minimum depth equivalent to the depth of topsoil on the site prior to the beginning of the operation as determined by the soil boring data, or to a depth of 9" compacted'topsoi'l' whichever is less. The soil shall be seeded with a perennial grass or legume mixture and fertilized or limed in accordance with a soil test to promote growth of such grass or legume. (Planting ;of trees and shrubs to be completely eliminted.) Item #3-13 to be eliminated in its entirety. Board discussed the removal of soil- under the subdivision control. It was noted that a provision should be added for all zones. Motion: To approve pages 3, 4 and 5, including subdivision control, as modified. (Mangiaratti-Mahana, all in favor) VOTED Board discussed Section e, Pond Restoration and Development. Planning Director Maurer Sugge'stedthat a new paragraph be added as follows: Paragraph to be added in the beginning that On all pond restoration no condition contained herein shall be any less stringent than State and Federal laws. It was the consensus of the Board that the paragraph should read: "Pond Restoration and Development shall comply with all applicable -, State and Federal Regulations in accordance with this by-law. Whenever any standards in such laws, regulations, or by-laws are inconsistant the strictest standards shall be complied with. Low level of flow to be defined. Motion: To amend section f -2-b to increase the amount allowed to be removed to 100 cubic yards. (Mangiaratti-Mahana, all in favor) VOTED 2t) Meeting adjourned at 11:05 P.M. ._ Clerk Date