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HomeMy WebLinkAboutPlanning 03/29/1978MANSFIELD PLANNING BOARD AGENDA March 29, 1978 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of March 22, 1978 3. Warrant 4. Public Hearing at 8:00 P.M. on Granada Park 5. Visitors Agenda 8:30 P.M. - Norman Gray, re. Rumford River Estates 8:45 P.M. - Ralph Maloon re. Site Plan 6. Old Business a. Status of Plans 1) Rumford River Estates - Prelim. Sub. - So. Main St. - 3/30/78 2) Granada Park - Def. Sub. - Pratt Street - 4/14/78 3) Hobbit Hollows - Prelim. Sub. - Chauncy Street 4) C & S Contracting Co., Inc. - Site Plan - School St. - 4/12/78 b. Board of Appeals 1) Ralph Maloon - Re. Variance - Section III -G 2) John G. Walsh - Earth Removal Permit 3 John P. Smith - Earth Removal Permit 4 Carl A. Nelson, Jr. - Earth Removal Permit 5) Marjorie C. Conrad - Section III -E c. Sign Recommendations on Zoning Amendments d. Make Recommendation on Earth Removal Regulations 7. New Business a. Status of Plans b. Correspondence c. Public Discussion d. Date for next meeting e. Around the table 8. Adjournment MANSFIELD PLANNING BOARD MINUTES March 29, 1978 Present: Chairman Parsons,Clerk Lesuer Planners: Grant, Mangiaratti, Hartmann*, Mahana* Planning Director Maurer 1) Letters were read from the following: James Antosca to Planning Board regarding Camelot -at -Mansfield. Recreation Commission to Planning Board regarding drainage across their property. Memorandum from Planning Director to Planning Board regarding Granada Park Memorandum from Planning Director to Planning Board regarding Rumford River Estates Memorandum from Planning Director to Planning Board regarding Hobbit Hollows Memorandum from Planning Director to Planning Board regarding Housing for Elderly. Robert Chavaree to Planning Board regarding lot release in Riverside Park, Norman Gray to Planning Board regarding Rumford River Estates Board of Health Minutes of March 8 and March 15, 1978 Notice of 'Public Hearing from Town of Plainville. Planning Director to Massachusetts Department of Community Affairs regarding Annual Report Board of; Appeals decision on the application of Mrs. E. James Douglas - Granted Board of Appeals decision on the application of Dalinda Baptist - granted Board of Appeals decision on the application of Robert M. Klenowski - granted Board of Appeals decison on the application of Betty Tintindo - denied 2) Motion: To approve the minutes of March 22, 1978 with spelling corrections. (Lesuer-Mangiaratti, all in favor) VOTED 3) Board discussed the preliminary subdivision plan for Hobbit Hollows. Board also reviewed the memorandum prepared by the Planning Director. Planning Director Maurer noted that he reviewed the plans with the Town Minutes March 29, 1978 Page 2 Engineer and noted that it complied with the recommendations noted in the Planning Board's letter, however, he suggested that the Planning Board advise the applicant that the proposed Route 140 would substantially alter the subdivision. Planner Mangiaratti felt that the Planning Board should notothat the road is going through there so that the value of the land would not be as great as it would without the highway going through. He noted that there is a proposed layout for the road and if it were to go through then it would drastically affect the Planning Board's position on the subdivision. 4) At 8:00 P.M. the Planning Board held the required Public Hearing on the definitive subdivision plan for Granada Par kk Trans ri tt of tt at hearing is on file. (Planners Hartmann and Mahana en er�d at i�is time.) 5) Board met with Norman Gray, Sr., Norman Gray Jr., Ralph Maloon, Engineer, and Bernard Martin, Attorney to discuss the Rumford River Estates Subdivision. Planning Director Maurer noted that in most instances the plan complies with the requirements of the Planning Board's letter. He noted that there are still two areas which really have not been answered, one is the completion of the earth removal operation prior to approval of the def4nitive plan and the other is the lack of water supply in the area. Mr. Martin noted that the contours of the Special Permit and the contours on the proposed subdivision are similar and he did not think that this should hold: up the considering of the subdivision plan. Mr. Gray Sr. noted that they have to do the earth removal operation 10 acres at a time. Mr. Gray Jr. noted that they have no intention whatsoever of trying to construct homes in the area while they are hauling gravel, however they would like to be able to work on a part of the subdivision while they are on the last 7 acre parcel of the earth removal. He notEO that it might be convenient that they grade the roadway and get the compaction from the trucks hauling;' n the last area. He noted that the roadway construction and the drainage may take place prior to the final work on the gravel pit. Mr. Gray Sr. noted that there has been some talk on the this and an article in thepaper stating that he did not intend to build there. He noted that he would like to have this called a development rather than a gravel pit because he does intend to have homes built there. Mr. Martin noted that this plan is only a preliminary plan and that the definitive plan will have alot more engineering work done before it is submitted. He noted that basically they wanted to go forward with the preliminary plan and then get the engineering worked on for the defieittve plan. Mr. Gray Jr. noted that back in December of 1976 the Planning Board made three points and one was the earth removal portion of the subdivision was more than incidental to the subdivision and would require an earth removal permit before moving forward and felt that it was a little bit unfair on the part of the Planning Board to now say that we must complete the gravel operation in its entirety. He noted that he was in hopes that the definitive plan could be in some stage of consideration prior to the actual restoration of the last 6 or 7 acre parcel in order that they may save some time. He noted that they are not trying to get approval to eliminate the restoration as required because it is already contracted out to have the restoration work completed on each ten acre section before beginning the next 10 acres;, He noted that the cost of construction of the roadways would be reduced as they would have the manpower to do this work. Planner Mangiaratti noted that the building of homes could be protected with a covenant that would go along with the final plan. Planner Grant noted Minutes March 29, 1978 Page 3 that the property would have two bonds, one for the earth removal project, and one for the subdivision project. Mr. Martin noted that he has a court case ruling that notes that if there is a water shortage that the applicant can not be made to correct it. He noted that it is the intent of his client to comply with every regulation of the Town on this subdivision and if there is some way that the Town can correct a shortage of water, that is fine, but for his clients to agree to correct a Town Probelm, he can not say they will do this. Planning Director Maurer noted that he was aware of this court case, however, when they put the question before Town Counsel, the Town Counsel sited another case and he said that they could require this type of assistance to up grade the system because the purpose and Intent of the subdivision regulations was for the assurance of protection of fire, flood and panic within the development. Mr. Martin noted that if there was no water in there at all, they could go in andservice each lot with a well and this would not require planning Board approval and therefore felt that there is no problem with the approval of this subdivision. Planner Mahana noted that he felt it would be detrimental to the clients for the property to be developed and a fire started, who do you look for for help. He noted that as amember of the Planning Board he could not do this. Mr. Martin noted that water service is furnished by the Town and everybody, whether it is a little water or alot of water, each person in Town is entitled to his share. He noted that the requirement of the subdivision is only that the applicant has to supply water. Planner Mahg4aratti questioned if the Town were willing to put so much money would the developer be willing to put his share in. Mr. Gray Jr. noted that the capacity to fight fires is not so much related to the working diameter of the piping system, but a factor of what is referred to as residual water supply. This is controlled by the height of the standpipe and location, distance wise, from the site and whether or not the Town pumps and the friction loss within the system. He noted that the standpipe in Mansfield is located in the northern side of the Town. The southern half of the Town of Mansfield has a problem and he suggested that a proolem of that size would have to be helped by more then just the next developer on the South side of Town. Planning Director Maurer noted that the Town has a water master plan and the problem in the South Main Street area was noted in the report and it was recommended to improve this by looping the system from South Main Street to Oak Street. He noted that some of the lineshave been replaced, such as on South Main Street from the south common to Fruit Street, and that the Town has also added to the system more wells and made amendments to the cleaning. He noted that the Town consultants are in the process of reviewing the entire water system and pressure problems for future major expenditure. He noted that there is a development off Fruit Street and Short Street where the developer will be extending the water down Short Street and everyone benefits from this, as the Town receives the new water piping and the developer receives additional buildable lots. Mr. Gray Jr. noted that they would be installing the water through the entire development, which would give the Town over 1/2 the loop required out to Oak Street. It was noted that the distance through the Great Woods from Oak Street to Route 140 is approximately 1 1/4 miles. It was noted that the Master plan calls for a 12 inch pipe and not an 8 inch pipe. Minutes March 29, 1978 Page 4 Planning Director Maurer noted that the State improvements of the water system on South Main Street will be subject to a Town Meeting vote and they are requesting an appropriation of$55,000 to make all of the State crossings under the highway as it goes through Mansfield, to all comply with the Master Plan. Planning Director Maurer noted that it may be possible for the applicants to pick up the water where the State leaves off. Mr. Gray Jr. noted that the State will be stopping at station 14 + 73, which is 1W'feet north of the Rumford River Bridge at Route 140. He noted that the 6 inch water main is in poured concrete under the bridge. Planning Director Maurer noted that the details of this could be worked out and that this is the type of cooperative settlement that the Planning Board is looking for. Mr. Gray Jr. noted that someone else would have to bring the main south of the bridge. Planner Grant questioned if it would be feasible to build a separate water system for this development. Mr. Gray Jr. noted that this is not out of the question for a 100 lot subdivision. Mr. Martin noted that he would leave the door open to talk and if it will 'benefit the developer and the Town, fine, but he did not want to PQW tAheclients at this meeting. Planning Director Maurer noted that the `Town would have to go back to their consultants and present the problem to them and see what their are -o. 6) Board met with Ralph Maloon to review the site plan for land on North Main Street. It was noted that Mr. Maloon is going for a variance to put apartments up stairs and done, however, if the proposed amendments are passed at Town Meeting, it does not require a variance as it would be a permitted use. Motion: To recommend to the Building Inspector that the site plan application for Ralph Maloon for land on North Main Street be approved. (Mangiaratti-Grant, all in favor) VOTED 7) Board discussed the Preliminary Plan for Rumford River Estates. Motion: To tentatively approve the Preliminary Plan for Rumford River Estates subject to the following conditions: 1) That prior to the approval of the definitive plan an acceptable solution by the developer be presented to the Planning Board relative to solving the water pressure problem in that area of South Main Street. 2) It is the Planning Board's intention, at this time, to require safe guards preventing construction of any homes prior to completion of the gravel removal operation on that site. (Mangiaratti-Hartmann, all in favor) VOTED Planner Grant noted that if he is going to bond the road then they should allow him to make the foolish dceision to put homes there. 8) Board discussed the preliminary subdivison plan for Hobbit Hollows: Motion: To recommend tentative approval subject to the restrictions Minutes March 29, 1978 Page 5 in the Planning Directors Memorandum of March 29, 1978, including a statement that the State has tentatively laid out relocated Route 140 to cross diagonally through the property. (Lesuer-Mangiaratti, Hartmann, Mahana in favor, Grant opposed) VOTED 9) Board reviewed the site plan for C and S Contracting for land on School Street. It was noted that it is in theIndustrial Zone and not in the Business A zone as noted on the plan. It was noted that there would be no exterior storage in the area. Motion: To recommend approval of the site plan application for C & S Contracting for land on School Street, subject to the correct zoning classification being put on the plan. (Lesuer-Hartmann, all in favor) VOTED 10) Board reviewed the Board of Appeals application of Ralph Maloon for a variance under Section III, Paragraph G of the Zoning By -taw to use an existing,` building at 150 North Main Street for business and residential use. An apartment in the rear of the building would be on the first and second floors. Residential uses on the first floor is not allowedin a Business B Zone. Motion: To recommend to the Board of Appeals that the variance for Ralph Maloon be granied. (Grant-Mangiaratti, all in favor) VOTED 11) Board reviewddtthe Board of Appeals applications of Carl Nelson, Jr., John Smith and 'John Walsh for special permits for earth removal. It was noted that the applicant has not submitted to the Town the proper amount of copies of the plans and therefore no plans were forwarded to the Planning Board as required. Planning Director Maurer recommended that the comments in his memorandums of February 17, 1978 be forwarded to the Board of Appeals. It was noted that this would not be done as the Board does not know if these are the same plans that were before them in February. Motion: To advise the Board of Appeals that the Planning Board can not act because the proper procedure for filing was nbt followed (Grant-Mangiaratti ) MOTION AND SECOND WITHDRAWN Motion: To recommend to the Board of Appeals that the Special Permit. for Carl Nelson, Jr. for Earth Removal not be granted because the applicant has not followed the proper procedure as he has not submitted the proper documents. (Lesuer-Mangiaratti, all in favor) VOTED Motion: To recommend to the Board of Appeals that the Special Permit for John Smith for Earth Removal not be granted because the applicant has not followed the proper procedure as he has not submitted the proper documents. (Lesuer-Mangiaratti, all in favor) VOTED Minutes March 29, 1978 Page 6 Motion: To recommend to the Board of Appeals that the Special Permit for John Walsh for Earth Removal not be granted because the applicant has not followed the proper procedure as he has not submitted the proper documents. (Lesuer-Mangiaratti, all in favor) VOTED Planning Director Maurer noted that he would be sending on his information on the last review of the plans in February as he feels the corrections should be noted by the Board of Appeals. TheBoard noted that this was acceptable for him to do as he has seen the plans. 12) Board reviewed the Board of Appeals application of Marjorie C. Conrad to use a parcel of land on East Street for the wholesale distribution of fences and fencing material and some assembly of fences. Said use is non -conforming in an Agricultural Zone. The lot has a 60 foot frontage on East Street, which requires a Variance under Section IV, Schedule "B". There will be more than one principal.building on the lot which requires a Variance under Section VI, B -2-c. A variance is also required under Section V, H for a sign that would be larger than allowed in anAgriculatural Zone. Motion: To recommend to the Board of Appeals that the variances for Marjorie C. Conrad not be granted for the following reasons: 1) The hardship is not one that is created by the land. 2) The establishment of an industrial use in an agricultural zone derogates from the purpose and intent of the Zoning BY -law. 3) The establishment of an industrial use in an agricultural zone.may set a precedent of further industrial uses being established by variancerocess. (Mahana-Lesuer, all in favor voted 13) Board discussed the proposed earth removal amendments of the Zoning By-law. Motion: To eliminate from the article Section C and all references to commercial operations. (Mahana ) MOTION LOST FOR WANT OF A SECOND Motion: To amend section C, Commercial Operations, subsection 2 a and b to read as follows: a. When the depth of excavation is 5 feet or less, as measured through the entire width of the cross section, earth may be removed within 25 feet of an abutting property line and land shall be restored to a 4 to 1 slope. b. When the depth of excavation is greater than 5 feet, as measured through the entire width of the cross section, earth may be removed within 50 feet of abutting property lines and the land shall be restored to a 6 to 1 slope. (Lesuer-Hartmann, all in favor) VOTED Minutes March 29, 1978 Page 7 Motion: To amend Section E, Bond Restoration, subsection 3 to read as follows: 3) Existing shorelines of bodies of water shall be followed. However, in instances where a new shorline would be created it shall be established at a distance no less than 50 feet from abutting property. (Mangiaratti-Lesuer, all in favor) VOTED Motion: To amend Section F, Surplus Material, subsection 2 as follows: a) Whenthe application for a building permit is issued the application shall show if surplus material is to be removed as part of the project. In instances where the estimated material to be removed is less than 150 cubic yards, the Building Inspector may issue a permit for said removal. Said permit to be part of the building permit for the unit. b) If the application is for more than the removal of 150 cubic yards, then it shall be submitted to the Planning Board and the Planning Board shall review the application and make a recommendation in writing to the Building Inspector within 14 days.... . (Hartmann-Mangiaratti, all in favor) VOTED Motion: To recommend approval of Article 37 at the Annual Town., Meeting as amended (Mangiaratti-Hartmann, all in favor) VOTED 14) Board discussed the letter from Robert Chavaree regarding the bond estimate for Riverside Park, Union Street Extension. Planning Director Maurer noted that the bond estimate had been prepared as part of the original estimate and that a formal estimate will be prepared for the Planning Board's consideration at the nett meeting. 15)Board discussed the letter from James Antosca relative to the extension of time for the installation of required improvements in the Camelot -at - Mansfield subdivision. Motion: To grant an extension of time for the installation of required improvements in the Camelot -at -Mansfield subdivision until October 19, 1979. (Lesuer-Hartmann, all in favor) VOTED 16) Mrs. Jellinek questioned the Planning Board's action on the extension of the Camelot -at -Mansfield construction time period, as she noted that it would have to be recorded in the Registry of Deeds. She was advised that the conditions of time for construction is a part of the application form and not part of the covenant that is recorded in the Registry of Deeds and the Planning Board's letter of extension will be filed in the Office of the Town Clerk. Minutes March 29, 1978 Page 8 17) Planner Grant requested that the Minutes of March 22, 1978 be amended by striking out item #1. Chairman Parsons advised that he had made the statement and that it should remain as part of the official record. 18) Board agreed to have a site walk of Granada Park and other developments on Saturday, April 11 1978 and will convene at 7:00 a.m. at the Old Colony Diner 19) Board agreed hot to meet next Wednesday, but will hold a meeting in advance of the Annual Town Meeting at 7:00 P.M. at the High School Auditorium to discuss the zoning articles. 20) Planning Director Maurer advised the Board of his memorandum on the Housing Authority's application to the State and suggested that they read the memorandum before Monday's meeting in order that they could make a possible endorsement on the Housing Authority's application He noted that there would be an article at the Special Town Meeting for consideration on Monday Night to endorse this application at the Town Meeting. 21) Chairman Parsons noted that the Board failed to accept Planner Tighes resignation last week. Motion: To formallyaccept the resignation of Robert W. Tighe and to write a letter thanking him for his years of service on the Planning Board and Capital Improvement Committee and for his contribution to the Town. (Grant-Mangiaratti, all in favor) VOTED 22) Meeting adjourned at 11:30 P.M. er Date