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HomeMy WebLinkAboutPlanning 10/25/1978Y MANSFIELD PLANNING BOARD AGENDA October 25, 1978 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of October 18, 1978 3. Warrant 4. Visitors Agenda 5. Old Business a. Status of Plans 1) Gilbert Olden - Form A - Otis Street b. Decision on the application of Henley Lundgren Co. c. Wetland Zoning 6. New Business a. Status of Plans b. Correspondence c. Public Discussion d. Date for next meeting e. Around the Table. 7. Adjournment MANSFIELD PLANNING BOARD MINUTES October 25, 1978 Present: Chairman Parsons, Clerk Lesuer Planners: Grant, Mangiaratti, Mahana* Planning Director Maurer 1) Letters were read from the following: Secretary to Planning Director and Building Inspector regarding resignation Planning Director to Secretary accepting resignation Town Engineer to Conservation Commission regarding Plantingfield Road Home Developers, Inc. to Planning Board requesting release of securities for Rustic Acres Donald Zecher to Planning Board regarding rezoning of land on Otis Street Planning Board to Cabot, Cabot and Forbes regarding Tour of Park Planning Board to Gilbert Olden regarding Form A Plan on Otis Street Newsletter from Department of Community Affairs Mobile Home Commission Special Permit Decision on Henley -Lundgren Company application Memorandum on Release of Securities for Rustic Acres from Planning Director Memorandum from Planning Director on Wetland Zoning. 2) Motion: To approve the Minutes of October 18, 1978 as presented. (Lesuer-Grant, all in favor) VOTED 3) Motion: To approve the Warrant of October 31, 1978 in the amount of $190.80. (Mangiaratti-Grant, all in favor) VOTED Planner Grant questioned if the Planning Director was making all the calls to the engineers on the sewer plant if it was all being charged to the Planning Board account. Planning Director Maurer noted that during the last budget review it was noted that there are calls made on the Planning Board phone for projects which are note planning Board projects and due to this the account was increased between $300 and $400. Planning Director Maurer noted that the telephone bill, after the meeting today was worth the money because everything was put in order for the sewer plant and the Selectmen have just signed the contract this evening. Minutes October 25, 1978 Page 2 4) It was noted that the Form A Plan for Gilbert Olden had not been returned. 5) Board reviewed the decision on the application of Henley -Lundgren Company. Planning Director Maurer noted that the Town Counsel advised that this decision has to notify the applicant of his right of appeal. Planner Grant noted that they talked to Town Counsel after the last meeting and was advised that all members of the Board ✓ votingshould sign the decision. Motion: To approve the form of the decision and sign the decision as voted on October 18, 1978. (Grant-Lesuer, all in favor) VOTED Planner Mahana entered the meeting at this time. 6) Board reviewed the memorandum from the Planning Director regarding Wetland Zoning. Planning Director Maurer noted that the Board had requested that he prepare a summary of existing wetland regulations within the Town, including Zoning, SubdivisionyBoard of Health, and Conservation Commission. He noted that with regard to Zoning, back in 1974 the Town adopted the wetland Zoning Provisions of the Zoning By-law and standards were set up along streams and rivers with setbacks in which construction could not occur. Planning Director Maurer presented the graphics from the Town Meeting of 1974 to the Board. He noted that around minor streams the setback is equivilent to 20 feet or the rear property line setback of a particular zone, whichever is greater. Another section under the wetland protection provision was that a minimum buildable lot area was set up, exclusive of any wetland. This minimum area was to be calculated prior to the alteration of a lot. Planning Director Maurer noted that the problem with this zoning is that there are areas in Town where the wetland area of the stream is wider than the 100 feet and also there is no provision for a minimum setback requirement within a wetland area. The major problem is the interpretation of when you determine the 30,000 square feet in an Agricultural Zone, is it before or after the filling allowed by the Conservation Commission. This is not clear. Planner Mahana felt that if they are allowed to fill that it should be after filling. Planning Director Maurer noted that the same type of standards do not apply within the business and industrial zones, but only for residential areas. Planning Director Maurer noted that in 1977 the town adopted the minimum regulations of the Federal Flood Insurance Program, whereby in a floodway there can be no encroachment or fill and in the floodplain ✓(the area under the rise of the 100 year storm) construction requires that the first floor be at or above the 100 year flood plain elevation. He noted that there are not any problems regarding the management of this provision. He noted, however, that therehas been questions raised by several people for the further defining of the floodplain and the floodway. The floodway is the vertical banks along the river. Minutes October 25, 1978 Page 3 Planning Director Maurer noted that the subdivision regulations adopted in 1972 required the design of the storm be increased from 10 years to 25 years. Also added was a provision for the deliniation of wetland areas on all plans and the requirement that the limits of 100 year flood plains be shown. He noted that from the subdivisions constructed under these regulations there have been no drainage problems, however there is a conflict within the standards of the subdivision regulations and the Conservation Commission regulations. Planning Director Maurer noted that the Board of Health requires that the septic -system be 4 feet above water level, leaching fields can not be constructed within 75 feet of a swamp or body of water, leaching field shall be designed so that no water will accumulate over the leaching field. Planning Director Maurer noted that the problem with this last provision is, like in Canoe River Acres, the property is being mounded to meet this regulation and causing water to accumulate between property lines. Planner Mahana noted that any time you write a regulation the intent is to protect the home owner but with any regulations they like to find a shortcut. Planning Director Maurer noted that with regard to the Conservation Commission that prior to 1977 State Law required that all other permits be issued prior to Conservation Commission approval. This is no longer in affect and the applicants can now go to the Conservation Commission first. Chairman Parsons questioned how many applicants they had for the Wetland Advisory Committee. Planning Director Maurer noted that the Board had 3 applicants, Leonard Flynn, Marydee Flynn, and Jane Sheehan, however, Mrs. Jellinek has checked with Town Clerk and was advised that two more applications had been received, Sidney Feldman, and Mrs. Libby, however, these applicants names were not forwarded to the Board. Planning Director Maurer noted that his memorandum listed suggested areas for modification to the Zoning and subdivision regulations to include setback from wetlands. Planner Grant felt that this was not necessary. Planner Mangiaratti noted that if he had a lot and wanted to build a boathouse only, this would be the primary use building, and under the zoning this would not be allowed and questioned the reason behind this zoning. Planner Grant felt that the zoning would block out any private development of recreational facilities along the water. Blanning Director Maurer noted that these regulations were adopted in 1974 before there was any definitive flood plain information, and this was the only type of protection that could be used to protect encroachment in the flood area. He noted that one item he did not mention was that now that they have the flood insurance provision they may want to elaborate on that and eliminate the setback provision. They may also want to adopt exceptions, like recreation use and define the word construction. Planner Mangiaratti noted that perhaps they want to prohibit building in the wetland rather than in the floodplain. Board reviewed the Floodway and floodplain map MINUTES October 25, 1978 Page 4 Chairman Parsons suggested that they ask for one member of the Conservation Commission, one member from the Board of Health, one member of the Planning Board and 4 of the 5 that have applied to serve on a Committee to make a 7 member committee to review this project. Planning Director Maurer felt that the Conservation Commission and the Board of Health may be concerned that the Planning Board is stepping into their area, and felt that this could be done within the Planning Board itself. Chairman Parsons noted that the major problem seems to be within the Conservation Commission. Planner Mahana noted that alot of the problems could be eliminated if the plan applicants would go to the Conservation Commission first and suggested that the memorandum prepared by the Planning Director be reworded to request that the Conservation Commission change their procedure instead of require. Planner Mangiaratti noted that once they pin point the problems then discussion with the Planning Board themselves would be easier. Planning Director Maurer noted that the Planning Board appointed the Downtown Advisory Committee because there was such a large porject to undertake, but felt that they should avoid setting up alot of different subcommittees and that this subject has not shown alot ofoverwhelming interest. Planner Mahana felt that the zoning changes chould be cleared up in one night by narrowing down the review of the zoning to problem areas. Motion: To undertake this zoning project (wetland zoning) as a Board and invite the interested parties (applicants to subcommittee) and the Board of Health and Conservation Commission to meet with the Planning Board so input can be gathered. (Grant-Lesuer, all in favor) VOTED Planning Director Maurer suggested that they set up a night where the Board can just sit around and discuss this zoning. Chairman Parsons felt that the memorandum prepared by the Planning Director should be distributed to the Conservation Commission and Board of Health for better discussion on the subject. 7) Board reviewed the Form A Plan for Richard Morse for land on Elm Street. Motion: To approve the Form A Plan for Richard Morse for land on Elm Street. (Grant-Mangiaratti, all in favor) VOTED 8) Board reviewed the letter from Home Developers, Inc. requesting the release of securities for work completed within the Rustic Acres subdivision. Board also reviewed the memorandum prepared by the Planning Director giving a breakdown of the work and value of the work completed. Motion: To release $29,592.25 from the Letter of Credit with the Mansfield Cooperative Bank for work completed within the Rustic Acres subdivision. (Lesuer-Mahana, all in favor) VOTED Minutes October 25, 1978 Page 5 9) Board reviewed the letter from Donald P. Zecher requesting the rezoning of property on Otis Street to General Business. Motion: To send a letter to Mr. Zecher advising of the procedure of petitioning the town for a rezoning. (Mangiaratti-Grant, all in favor) VOTED 10) Mrs. Jellinek came before the Board and advised that she would like to clarify some of the points made by the Planning Director regarding wetland zoning. She noted that the Town has the standard of a 25 year storm regarding drainage and the State has the 100 year storm, not just the Conservation Commission. She noted that the Federal law has a 50 year storm and that I-495 is joint between state and federal. She also noted that what the Planning Director has presented has nothing to do with wetland zoning and that without wetland zoning you will drain all the water out of Mansfield and there will be no water left for wells. 11) Town Counsel, Charles Mulcahy, came before the Board and questioned if the Board has any response from the Henley -Lundgren Company regarding the Board's decision. Chairman Parsons advised that the Board signed the decision at this meeting. 12) Phil Tighe of the Mansfield Press came before the Board and asked if he could obtain a copy of the Henley -Lundgren decision as well as a copy of the memorandum prepared by the Planning Director on wetland zoning. Board stated that he could. 13) Next Planning Board meeting to be held on November 1st, 1978 at 7:30 P.M. 14) Planners Lesuer and Mangiaratti acknowledged the secretary's resignation. 15) Planning Director Maurer advised that when the Board met with Cabot, Cabot and Forbes last week that they discussed the traffic counts from Homart and that he has obtained a copy of the report. He advised that the Selectmen are planning to meet with the traffic consultants and this will be a joint meeting with the Planning Board and Selectmen. Planner Grant questioned if Mansfield was going to have anything to say on the Report. Planning Director Maurer felt that they have to hear the presentation first. He also advised that the State Department of Public Works has approved the concept of this plan. 16) Planning Director Maurer advised that at the next meeting there will be a Public Hearing at 8:00 p.m. on the rezoning on the Corner of Central, Chauncy, 140 and Paine Road. 17) Planning Director Maurer advised that the contract for the sewerage treat- ment plant was signed by the selectment tonight. The design should be completed within the next 18 months. Planner Mahana questioned why this contract was awarded to Camp Dresser McKee with no bid. Planning Director Maurer advised that they were the Town Consultants when the project began and now EPA requires you to get several proposals, however Camp Dresser McKee was hired by the Town prior to this requirement. Planning Director Maurer noted that for this project, of the $950,000, $130,000 is contracted out to surveyors and archiologists and so forth. Minutes October 25, 1978 Page 6 18) Chairmap Parsons ,questioned the status of the survey. Planning Director Maurer noted that it is approximately 95% tabulated 19) Meeting adjourned at 9:3 rir rn 0, M' A Clerk Date