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HomeMy WebLinkAboutPlanning 06/21/1978MANSFIELD PLANNING BOARD AGENDA June 21, 1978 1) Call to order (7:30 P.M.) 2) Clerks Report a. Correspondence b. Minutes of June 14, 1978 3) Warrant 4) Visitors Agenda 8:00 P.M. - Mrs. Jellinek re. Wetlands 8'.'all/1J 5) Old Business 1978-79 Work Program 6) New Business a. Status of Plans 1) Anne Chambers - Form A - Gilbert/West Streets b. Correspondence c. Public Discussion d. Date for Next Meeting e. Around the Table 7) Adjournment MANSFIELD PLANNING BOARD MINUTES June 21, 1978 Present: Chairman Parsons Planners: Mahana, Matoian, Grant, Hartmann*, Mangiaratti* Planning Director Maurer 1) Motion: To elect Planner Mahana Acting Clerk. (Grant-Matoian, all in favor) VOTED 2) Letters were read from the following: Downtown Advisory Committee to Chairman of Mansfield Housing Authority regarding Fairfield Optical Site Board of Health minutes of June 14, 1978 Memorandum from Town Manager to Boards and Committees regarding unpaid bills Building Inspector to Karl:lCfiemmey regarding removal of surplus material Bristol Conservation District newsletter Draft of Community Attitude Survey Board of Appeals notice of public hearings for Leon Grant, Bristol Realty Trust, Edward F. Brown, Jr., and Allied Auto Parts 3) Motion: To approve the Minutes of June 14, 1978 as presented (Mahana-Matoian, all in favor) VOTED 4) Board reviewed the warrant of June 27, 1978 in the amount of $41.50 It was noted that this was for the redoing of the zoning map. Motion: To approve the warrant of June 27, 1978 for Miller Blueprint in the amount of $41.50. (Grant-Matoian, all in favor) VOTED 5) Board met with Mrs. Jellinek to discuss the wetlAnd protection provision of the Zoning Byelaw. Mrs. Jellinek presented the Board with a copy of the Massachusetts Association of Conservation Commissions Implementation of Local Flood Plain/Wetlands Zoning Guidelines. Mrs. Jellinek noted that they have already filled in more than 50% of the wetlands already. She noted that it would not take a graduates degree in engineer to realize that you can't fill up all the streams. She noted that in January when they had the bad snow and rain storms that the Planning Board received a list form the DPW director of 7 places in Town that flooded over. (Planner Hartmann entered the meeting at this time.) Minutes June 21, 1978 Page 2 Mrs. Jellinek noted that a group should be formed to redo the zoning for this section, if the Board is interested, as a member from the Planning Board could be in the group as well as a member from the Conservation Commission and a member of the Great Woods Study Committee, both of who have expressed an interest in this. She noted that according to law, before you can rezone the area along the river you have to prove that the development of this wetlands would be detrimental to the health. She noted that there would be enough time before Town meeting if the Board felt it should be done. She noted that this is something that cannot be done by private citizens. She noted that the Conservation Law foundation will check over the wording of the Board's proposal as to legality before it goes to the Attorney General. Planner Grant questioned why Mrs. Jellinek had gone about gathering this information. Mrs. Jellinek noted that she belongs to the Conservation Law Foundation and that they send her- material periodically. Mrs. Jellinek noted that she would bring other information to the Town Hall to be photostated. 6) Board discussed the 1978-79 Work Program. It was noted that "elimination of use variances" to be removed from the list. Planner Mahana questioned what guidelines the Board has as to making recommendations to the Board of Appeals, on variances. Chairman Parsons noted that this was not a law. Planning Director Maurer noted that any Board can make a recommendation on petitions that go before another Board. Planning Director Maurer noted that when the Planning Board started making these recommendations a few years ago that it was the feeling of the Board that they make the major revisions to the Zoning By-law so they should make recommendations if they are going to make zoning changes. Planner Mahana noted that this creates alot of misunderstanding and questioned the value of this. He noted that he could see making a recommendation on requests that would affect the overall zoning of an area. Planning Director Maurer noted that you cant be selective on making recommendations that if you make it for one you should do it for all. Chairman Parsons noted that if there was one area where there were alot of variances requested then they would know that they have to take a look at the Zoning By-law. Board discussed the priority rating for the 1978-79 Work Program. It was the Consensus of the Board that the Community Attitude survey was the most important before the discontinuing of the mailing of the light bills. It was noted that this mailing will not end until sometime in the fall. It was noted that the earliestthat they could get this survey mailed would be in September and that in September there would be a bigger response than in August. It was the consensus of the Board that this survey be mailed in the September bill unless the Light Department stops the mailing before then. Board reviewed the draft of the Community Attitude Survey and made the following changes: (Planner Mangiaratti entered the meeting at this time.) Section A, add a new section for Do you own or rent? Do you work in Mansfield cor,6utside of Town? Do you travel to work by public or private :transportation? Minutes June 21, 1978 Page 3 B. Schools - Planner Mangiaratti noted that on the question regarding neighborhood schools that it shauld read do you have a preference for neighborhood schools or do you mind having your children bussed. Planner Mahana noted that every time you take a survey people want neighborhood schools, but when it comes time to appropriate the money they vote it right down. Discussion on the Community Attitude Survey postponed. 7) Board met with Karl Clemmey, who presented a preliminary plan for earth removal at 792 South Main Street. Mr. Clemmey noted that Mr. Vazza is going to come before the Board as well because they want to sell the material to the State for the construction of Route 495. Mr. Clemmey noted that they have to stay 6 feet above the water table but he would like to stay a little higher than that. Chairman Parsons questioned if Mr. Clemmey had compared his profille with Mr. Gray's profile. Mr. Clemmey noted that he is way above Mr. Gray and that Mr. Gray is approximately 5 feet below him and he had to leave a 100 ft. buffer and under the new regulations Mr. Clemmey will not have to leave it on Mr. Vazza's side they will slope it together as Mr. Vazza is going to come in at the same time. Mr. Clemmey noted that he has been monitoring this for almost a year now. Mr. Clemmey noted that they are trying now to work out an agreement with Mr. Vazza to cross his land and go right into the new highway. He noted that they are going to use scrapers instead of trucks. He noted that it is only about a 4 ft. cut. Mr. Clemmey noted that he would like to start hauling in about a month. Planning Director Maurer suggested that Mr. Clemmey make a formal application in letter form so that the Board can hold the Public Hearing. Mr. Clemmey noted that the regulations require one test hole per acre and that he has a total of 17 acres, less 3 acres for wetlands, so he needs a total of 14 test holes and onlyhas 8. Planner Grant noted that he has walked this property many times and that there is very little change in the area. It wasnoted that only 5 acres can be worked at a time and that he has 5 test holes within the first 5 acre section. Mr. Clemmey questioned if the State could post a bond for the entire project instead of d6ing`5 acres at a time as they are a great company and they will do it right. Planner Mangiaratti noted that the seasonal high water level has to be determined so he can only do the first 5 acres anyway. Chairman Parsons suggested that he make a formal application in a letter form so the Board can review this application. Board reviewed the new zoning by-law for Earth Removal and noted that there is a requirement that monitoring wells shall be installed from December 1st to March 30th prior to the issuance of the permit. It was noted that in order for someone to start an earth removal operation that they would have to put in the monitoring well and cannot remove any material until the next year. Planner Mangiaratti noted that there is nothing that Mr. Clemmey can do to get this permit unless he gets a variance from that requirement. Planner Mahana questioned if the Board could waive that requirement. It was noted that they can't waive a requirement set up by Town Meeting. Mr. Clemmey noted that if the Board is going to make hi'm monitor it for threemonths, then he is going to submit a subdivision plan and remove it as surplus material. Minutes June 21, 1978 Page 4 Mr. Clemmey questioned if the Board would give him a letter refusing this. ' Chairman Parsons noted that it has not been submitted formally so they do not make a recommendation on it. Mr. Clemmey left the meeting. Planner Grant noted that he objected to the 6 month monitoring period for any piece of land. Planning Director Maurer noted that when they prepared the provisions that this requirement was not in it, however, the provisions were sent to the various Boards and it was the Board of Health that requested this requirement. Planner Hartmann noted that this plan shows the necessity for wells because the land adjacent to it is a 16 ft. cut. Chairman Parsons noted that there is no need to discuss it further because there is no plan before the Board. 8) Board continued their discussion on the draft of the Community Attitude Survey and noted the following: B. Schools - Item #,5, How many children to you have in Mansfield Schools to become #1. C. Conservation -Recreation - Add Bike trails to #6 and item #7, What is the primary reason for the acquisition of conservation land to be eliminated. (Planner Grant left the meeting at this time. D. Utilities add (i.e. water, sewer, drainage). Item #2 to read do you support research for new watter supply. Item #5 to read ' After the new sewerage treatment plant is constructed should the Town expand its sewer lines. Item #6 to read have you had water in your basement. Item #7 to read Have you had septic tank problems. Items #8 and 9 to be moved to items #1 and 2. E. Municipal Facilities. Items! #3 and 4 to read sanitary landfill site (dump) instead of just landfill site. Items #7 and 8 reference to facilities to be referenced to building and equipment. F. Circulation add do you know of any traffic hazards in Town that need to be repaired. Explain. Planner Mangiaratti questioned if the Planning Board can get involved in standards for upgrading streets. It was noted that finis is a function of the Planning Department. Planner Mangiaratti questioned if the Planning Board can identify hazard areas. It was noted that it is within the authority to write to the Selectmen to have work done. Planner Mahana noted that he would like to see the Planning Board look into scenic road standards as then the Town would get funding. To be added to the work list is circulation and scenic roads. G. Municipal Goverment. Item #4 to be eliminated. Item #6 to read Do you feel that a portion of the annual budget should be set aside for making FUTURE capital expenditures within the community. and add a new #7 to read ARe you in favor of a property tax limitation. If yes, what municipal services would you like to see cut,please list in order of priority. Minutes June 21, 1978 Page 5 9) Board reviewed the Form A Plan for Anne Chambers for land on West and Gilbert Street. Motion: To approve the Farm A Plan for Anne Chambers for land on West and Gilbert Streets with the stamp "approval of this plan does not imply approval of any future roadway for any future subdivision". (Mangiaratti-Hartmann, all in favor) VOTED 10) Board discussed the letter from the Downtown Advisory Committee to the Mansfield Housing Authority regarding the Fairfield Optical Property. Planner Mangiaratti noted that he and the Downtown Advisory Committee have talked to alot of people and the only use would be privately developed housing to fillthe needs of the Housing Authority. He noted that if the private developer meets the requirements of the Housing Authority the tenants can get subsidized housing. He noted that the Housing Authority has advised that they can use 60 units right away He noted that this will also bring investment into the downtown, and also give the developer the flexibility to put in some commercial space. Planner Mangiaratti noted that the guidelines not only are set by the Housing Authority but also by the Planning Board because it would require a special permit under the new zoning by-law. Planning Director Maurer noted that the guidelines would also have to be approved by Town Meeting for the sale of the Fairfield Optical Property. Planning Director Maurer noted that if you assemble all the property in the area there is 4 acres and that they have met with 4 private property owners within the block and all have indicated a willingness to sell if the price is right. Chairman Parsons noted that the newspaper had indicated that the Library had pulled out of this project and so had the Housing Authority. It was noted that the Housing Authority did not get funding for this project, but they are still interested in a housing project there. 11) Board reviewed the Board of Appeals application for an appeal from the decision of the Building Inspector for Leon Grant at 44 Wood Avenue. It was noted from the application that the building permit was not issued prior to the zoning change and therefore the Building Inspector has determined that a new siteplan is required. Planner Mangiaratti noted that the zoning that is in effect at the time of the request of the Building permit is the zoning that should be followed. It was noted by the Board that this is a question of legality, and not a hardship case. Planner Mahana questioned how they can make a recommendation on a decision. Planning Director Maurer noted that you can state whether or not you agree with the Building Inspector. Motion: Not to take a position on the application of Leon Grant for an appeal from the decision of the Building Inspector. (Hartmann-Mangiaratti, all in favor) VOTED 12) Board reviewed the Board of appeals application of Allied Auto Parts at 95 South Main Street for a 10 x 4 addition for an inspection buy Motion: Torecommend to the Board of Appeals that the variance for Allied Auto Parts for a 10 x 4 addition not be granted as it would derogate from the purpose and intent of the Zoning By-law. (Mangiaratti-Mahana, all in favor) VOTED Minutes June 21, 1978 Page 6 13) Board reviewed the Board of Appeals application of Edward F. Brown on Atwood Street. Planning Director Maurer noted that this is a small lot that existed prior to zoning and there is presently a trailer on the lot, however, they wish to remove the trailer and build a single family dwelling. There would be nonconforming side and front lot setbacks. It was noted that all the lots in that area are undersized. Motion: To recommend that the variance for Edward F. Brown be granted. (Mangiaratti-Matoian, all in favor) VOTED 14) Board reviewed the Board of Appeals application of Bristol Realty Trust to erect a sign larger than allowed at the Bristol Plaza Shopping Center for the sale of Texaco Gas. Planning Director Maurer suggested that the Board vote againstthis because when they were given the permit to expand the non -conforming use as part of the permit the size of the signs had to conform with those allowed in shopping centers. Fie noted that they should have figured out what the Texaco Company would require and pool the signs accordingly. He noted that there is a sign above the roof line of the building which is illegal and the freestanding sign. that is there now is partially in the right of way for East Street. Motion: To recommend to the Board of Appeals that the Variance F for Bristol Realty Trust not be granted. (Mahana-Mangiaratti, all in favor) VOTED 15) Mrs. Jellinek came before the Board and noted she read in the paper that they want to put next to the elderly housing commercial development and felt that the elderly could not stand the commotion and will fight this in any way she can. She noted that the elderly are sensitive to noises and lights of cars. Planner Mangiaratti noted that they are going to take this into account and that the commercial development that they are considering is something like a drug store that would be appropriate for the convenience of the residents. He noted that they are not talking of stores that would attract large crowds. Mrs. Jellinek noted that this would have to be spelled out very carefully. 16) It was the consensus of the Board to hold the next Planning Board meeting on Wednesday, July 5, 1978 at 7:30 P.M. 17) Planner Mahana questioned Mrs. Jellinek on elderly housing if she thought that younger families should be put in with them. Mrs. Jellinek noted that you have to have large room for this and this area is too congested. Planning Director Maurer noted that one of the parties that they talked to that owns property in the area is over 90 years old and she likes the idea of combining commercial with the housing because she walks downtown 2 or 3 times a day and it is too far. 18) Chairman Parsons questioned what is happening with the Peters Park ditch. It was noted that a letter had been sent to the applicant that the ditch be completed by June 16th. Planning Director Maurer noted that the work done was so minimal that he did not notice it until it was pointed out to him. Minutes June 21, 1978 Page 7 19) Motion: To send a letter to the Ceccarelli's advising them that unless activity is observed and the work is completed by the next scheduled meeting that the Board will take appropriate action. (Mahana-Mangiaratti, all in favor) VOTED 20) Meeting adjourned at 10-35 P.M. Clerk . 1C17