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HomeMy WebLinkAboutPlanning 03/15/1978MANSFIELD PLANNING BOARD AGENDA March 15, 1978 1. Call to order (7:30 P.M.1 2. Clerk's Report a. Correspondence b. Minutes of March 8, 1978 3. Warrant 4. 8:00 P.M. - Public Hearing on Business Zoning 5. Old Business a. Status of Plans 1) Rumford River Estates - Prelim. Sub. - South Main St. - 3/30/78 2) Granda Park - Def. Sub. - Pratt Street - 4/14/78 3) Hobbit Hollows - Prelim. Sub. - Chauncy Street - b. Recommendations on Zoning Petitions 1) Use Variances 2) Piggeries 3) Rezoning Ware/Short Streets flRezoning Old Chauncy Street Rezoning North Main Street 6. New Business a. Status of Plans (new submissions) b. Correspondence c. Public Discussion d. Date for next meeting e. Around the Tatle 7. Adjournment MANSFIELD PLANNING BOARD " MINUTES March 15, 1978 Present: Chairman Parsons, Clerk Lesuer Planners: Mangiaratti, Hartmann, Mahana, Grant, Tighe* Planning Director Maurer 1) Letters were read from the following: Downtown Advisory Committee to Planning Board regarding downtown zoning Water Resources Commission to Board of Selectmen regarding permit for proposed hotel to tie into sewer line Memorandum from Planning Director to Town Manager regarding Wastewater Treatment Plant Planning Board to John P. Smith regarding gravel removal application Planning Board to Carl Nelson regarding gravel removal application Planning Board to John Walsh regarding gravel removal application Planning Board to Board of Appeals regarding application of Fred J. Barrows Planning Board to Board of Appeals regarding application of 0aybank United Planning Board to Board of Appeals regarding application of Robert Chavaree Status of 'accounts to date Planning Board from Townscape Associates regarding capabilities Notice of Public Hearing from the Town of Sharon 2) Motion: To approve the warrant of March 21, 1978 in the amount of $136.47 (Mahana-Hartmann, all in favor) VOTED 3) Motion: To approve the Minutes of March 8, 1978 as presented (Lesuer-Hartmann, all in favor) VOTED 4) Board discussed the Rumford River Estates. Planning Director Maurer noted that there has been no communication back from the applicant. it 5) Board discussed Granada Park definitive subdivision plan. It was noted that they are awaiting the responses from the various department heads and that the Public Hearing is schedule for March 29, 1978. Minutes March 15, 1978 Page 2 6) Board discussed the Hobbit Hollows preliminary subdivision plan. Planning Director Maurer noted that there should be something or this for the next meeting. 7) Board discussed the Zoning Petitions received for the 1978 Annual Town Meeting. Use Variances - Planning Director Maurer noted that the wording as submitted in March of 1977 from SRPEDD is the same as petitioned. He noted that he reviewed this with the zoning officer of the Massachusetts Department of Community Affairs and his opinion was that the wording was superfluous but did not change the intent of the article as submitted. Planner Mangiaratti questioned if they could have it amended at Town Meeting. It was noted that the only one who can amend this is the petitioner. Planning Director Maurer noted that what the amendment would provide for is if the Zoning By-law wanted to make provisions for expansion of say an in-law apartment, then they could do this in the Agricultural Zone if it states it is permitted by variance. Planner Grant noted that if someone in an Agricultural Zone wanted to run a welding shop as owner/occupied and it is not expressely permitted in the Zoning By-law, that they could not do this. He felt that this was extremely restrictive and that they have not ,had time to sit down and decide what they want in the residential area. Planning Director Maurer noted that in the recent decisions of the Board of Appeals the number of use variances in the residential zone are not very many considering the number of variances granted, however they have been for uses that are not compatable. Planner Grant questioned if the Planning Director felt that there should be a use variance restriction voted at Town Meeting. Planning Director Maurer noted that he felt it should and that prior to the consideration of the Country Store expansion it should have gone to the Town Meeting and not left to a 4 or 5 member Board. 8) At 8:00 P.M. the Planning Board held the required Public Hearing on the amendment to the zoning by-law for business zoning. Transcript of that Public Hearing is on file. 9) Board continued discussion on the use variance petition. Planner Grant felt that the use variances granted have not caused any problems in regard to devaluation and traffic, etc. Planning Director Maurer noted that in West Mansfield in the area of the Old Country Store the granting of the use variance, in his opinion, should not have been granted. It should have gone before Town Meeting and changed to a business zone so that there would be the reggJTed off-street parking as there has been a serious traffic problem in that area. The second area is where somebne has started an industrial business in a residential area and that type of use can be detri- mental and detract from the area. When people buy housesthhey feel that they are protected by the Zoning. Planner Grant felt that it may be better served by restricting the Board of Appeals that if they grant a variance to apply to the zone that the variance would be for that owner only and would die with the individual. Minutes, 5.,.-;1978 Page 3 (Planner Tighe entered the meeting at this time) Motion: To recommend favorable Town Meeting action on the amendment to section VI-B-2-c as petitioned. (Lesuer-Hartmann, Mangiaratti, Mahana, Tighe, in favor, Grant oppoeed) VOTED Planner Mahana noted that on the intensity of the article that he would like to get something drafted to amend it but you can't add to it so the only recourse he has is to wait a year and see what problems have been developed and make amendments the following year. Planner Mangiaratti noted that he agreed with Planner Mahana and that at first he thought it might be too restrictive but he noted that it does allow for dimensional variances and the use variances really dont present a hardship to the land and therefor he would vote in favor of this and see what happens next year and perhaps modify it. Planner Grant noted that he would go along with that with one amendment that this amendment be only for one year and then be reviewed. Amendment to Motion: Make it a one year amendment to the Zoning By-law (Grant) MOTION LOST FOR WANT OF A SECOND 10. Board discussed the amendment to Section III -E-18 of the Zoning By-law to eliminate piggeries. (Planner Mangiaratti left the meeting and did not participate in any discussion.) Motion: To recommend favorable Town Meeting action on the amendment to Section III -E-18 as petitioned. (Lesuer-Hartmann, Mahana, Tighe in favor, Grant opposed) VOTED 11. Board discussed the amendment to the Zoning Map to rezone a portion of land on the corner of Short and Ware Street from Industrial classification to an Agricultural classification. Motion: To recommend favorable Town Meeting action On the amendment to the zoning map to rezone a portion of land on the corner of Short and Ware Street to -At . (Mangiaratti-Mahana, Lesuer, Hartmann, Tighe in favor Grant present but not voting) VOTED Planner Lesuer noted that his concern is that the entire area up there seems to have a drainage problem and that changing it from Industrial to Agrictrliural is not going to have any affect on the drainage pattern and felt that maybe this is the type of thing the Planning Board should consider in the long-range planning of the area to increase the minimum lot size becuase of the drainage problems. Planner Mangiaratti felt that there is enough industrial land in this Town now and the area is becoming more and more residential and would be appropriate to rezone. Minutes March 15, 1978 Page 4 12. Board discussed the rezoning of Old Chauncy Street from the class1f4cation of Residence B -to a classification of Industrial. Planner Mangiaratti questioned why they were requesting industrial and not business. It was noted that changing to industrial would be the extension of an existing industrial zone and that there is no business zone in that area. MOTION: To recommend favorable Town Meeting action on the amendment to the Zoning Map to rezone a portion of land on Old Chauncy Street to industrial. (Mahana-Hartmann, all in favor) VOTED 13, Board discussed the rezoning of a portion of land on North Main Street from the classification of Residence C to a classiffdation of Business A. Motion: To, recommend favorable Town Meeting action on the amendment to the Zoning Map to rezone a portion of land on North Main Street to Business A. (Mahana-Hartmann, all in favor) VOTED 14. Chairman Parsons presented to the Board an architects rendering of the proposed Sheraton Motel to be located in the Cabot, Cabot and Forbes Industrial Park. 15. Mrs. Jellinek came before the Board and noted that she had a copy of the transcript of the public hearing on the proposed use variance rezoning and that she felt that there was a gap in the transcript of the discussion with Planner Mahana and felt that it has been changed from what was said at the hearing. Chairman Parsons suggested that the Planning Director look into this and report back to the next meeting. Planning Director Maurer noted that the normal transcript of a=ptbli'c hearing is verbatim and Mrs. Jellinek feels that something may have been left out, but knowing the way the secretary transcribes in the past, I don't think there is any problem with the way it is presented. To be put on the agenda for the next meeting. Planner Grant noted that he did not think there was any referral made to individuals on the current Board of Appeals and that Planner Mahana only noted that the make up of the Board of Appeals changes from time to time is what he hearii;;-Planner Mahana noted that at that time he apologized and he is apologizing again for any offense. 16. It was the consensus of the Board to hold the next Planning Board meeting on Wednesday, January 22, 1978 at 7;30 P.M. 17. Planner Grant felt that the problem with the business zoning in the area of #1 as shown on the map should be discussed. Business zoning to be put on the agenda for the next meeting. Minutes March 15, 1978 Page 5 18. Planning Director Maurer noted that in the correspondence there was a letter from the Division of Water Pollution Control approving the connection of the new proposed motel to the sewer system. 19. Planning Director Maurer noted that the State Division of Water Pollution Control has approved the plans for the new treatment plant. It was noted that the Town will now be receiving a grant for the design of the new plant. 20. Best wishes in the election were wished to Planners Mahana and Tighe from the members of the Planning Board. 21. Meeting adjourned at 10:10 P.M. uierK Date