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.
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