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HomeMy WebLinkAboutPlanning 03/02/1977MANSFIELD PLANNING BOARD AGENDA March 2, 1977 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of February 16, 1977 3. Warrant 4. Visitors Agenda 5. Old Business a. Status of Plans 1) Strawberry Meadow - Def. Sub. - Fruit Street - 4/10/77 2) Leon Grant - Form A - Fruit/Short Streets - 3/2/77 3) Karl Clemmey - Def. Sub. - West Street - 4/17/77 4) Beechwood Estates - Def. Sub. - Short/Ware Streets - 4/18/77 b. Drainage into Canoe River Watershed 6. New Business a. Discussion of Correspondence b. Zoning Petition - Land on Ware Street c. Zoning Board of Appeals 1) Ralph Maloon - lot on Stearns Avenue 2) George Matoian - nonconforming side yard 3) Gray Realty Trust - earth removal d. Public Discussion e. Date for Next Meeting f. Around the Table 7. Adjournment NOTES: Downtown Development Committee formal presentation 3/3/77 Planning Board hearings on March 9, 1977 - Rezoning Family Definition Rezoning Land on Chauncy St. Strawberry Meadow Subdivision Regulations Planning Board hearings on March 16, 1977- Karl Clemmey Subdivision Beechwood Estates MANSFIELD PLANNING BOARD MINUTES March 2, 1977 Present: Chairman Parsons, Clerk Tighe Planners: Mulcahy, Plourde, Lesuer, Mahana Planning Director Maurer 1. Letters were read from the following: Sharon Planning Board notice of Public Hearing for Zoning Amendment Town Manager to Planning Board regarding CETA Employment Town Manager to Planning Board regarding Beachwood Estates Board of Appeals notice of Public Hearing on the application of Ralph Maloon Board of Appeals notice of Public Hearing on the application of Christopher G. Matoian, Jr. Board of Appeals notice of Public Hearing on the application of Gray Realty Trust Board of Selectmen to Planning Board regarding sign for Bicentennial Court Board of Selectmen to Board of Appeals regarding sign for Bicentennial Court. Board of Selectmen to Planning Board regarding acceptance of Lantern Lane, Coach Road, and Village Road SRPEDD to Planning Board regarding appointment of new representative Conservation Commission to Planning Board regarding Strawberry Meadow Town Counsel to Planning Board regarding covenant for Cabot, Cabot and Forbes Board of Health to Planning Board regarding zoning amendment for piggeries Board of Selectmen to MBIA regarding committment to Massachusetts Bay Transportation Authority. Planning Board to Board of Appeals regarding application of Karl Clemmey Building Construction permits for the month of January 1977 Mass. Federation of Planning Boards Planning and Zoning Newsletter Planning Board to Community Assistance Program regarding HEW Community Environmental Education Program. Planning Board to Congresswoman Margaret Heckler regarding HEW Community Environmental Education Program Minutes March 2, 1977 Page 2 Planning Board to Electric Light Department regarding definitive subdivision plan for Beachwood Estates Planning Board to Board of Selectmen regarding definitive subdivision plan for Beachwood Estates Planning Board to Board of Health regarding definitive subdivision plan for Beachwood Estates Planning Board to Conservation Commission regarding definitive subdivision plan for Beachwood Estates Planning Board to Fire Department regarding definitive subdivision plan for Beachwood Estates Planning Board to Department of Public Works regarding definitive subdivision plan for Beachwood Estates Planning Board to Board of Selectmen regarding definitive subdivision plan for Karl Clemmey Planning Board to Electric Light Department regarding definitive subdivision plan for Karl Clemmey Planning Board to Board of Health regarding definitive subdivision plan for Karl Clemmey Planning Board to Fire Deparment regarding definitive subdivision plan for Karl Clemmey Planning Board to Department of Public Works regarding definitive subdivision plan for Karl Clemmey Planning Board to Conservation Commission regarding definitive subdivision plan for Karl Clemmey Board of Appeals decision on the application of Cleveland Twist Drill Company - Granted 2. Board discussed the minutes of February 16, 1977. Motion: To approve the minutes of February 16, 1977. (Mahana-Tighe, all in favor) VOTED 3. Chairman Parsons noted that the agenda has been altered as Mr. Murphy from Cabbt, Cabot and Forbes and Ed Morrison would be coming in before the Board. 4. Board discussed the definitive subdivision plan for Strawberry Meadow. It was noted that the Board received a statement from the Conservation Commission that they saw no problems with this development. It was noted that the Public Hearing is scheduled for March 9, 1977. 5. Board reviewed the Form A Plan for Leon Grant for land on Fruit Street. It was noted that this land was included in the petition received for the rezoning of the land from Industrial to Agricultural. Minutes March 2, 1977 Page 3 Motion: To sign the Form A Plan for Leon Grant for land on Fruit Street. (Mahana-Lesuer, all in favor) VOTED Motion: To sign the warrant of March 8, 1977 in the amount of $104.95. (Mulcahy-Mahana, all in favor) VOTED Board reviewe&f the definitive subdivision plan for Karl Clemmey for land on West Street. Planning Director Maurer noted that the State had been notified, as is done when there is a possibility of a road going through it, and they returned the plan to us denoting the sideline of the proposed Route 140 as it goes through there. Planning Director Maurer noted that they have Town Counsels opinion, from a previous subdivision, that the Board cannot hold up action because of their knowledge of a road going through and it is up to the State to take action. He noted that in reviewing the plan there is a small plan required to the scale of the Assessor's maps which is not shown, they will require an easement across the property of Hawksley and that the dimensions shown in the description of the easement on the document do not refer to the plan, and it should be labelled as a roadway easement instead of proposed easement. Board reviewed the memorandum received from the Town Manager regarding the connection of subdivisions to existing storm drainage systems. Planning Director Maurer noted that the Town should not have to supply the material but have them extend, where possible, to the existing facilities as part of their subdivision plans. He noted that this has been done in previous subdivisions. It was noted that this would not apply in this instance. 8. Board met with Mr. Murphy of Cabot, Cabot and Forbes to review -,a Form A Plan for land on West Street for an easement over an existing lot #560. It was noted that this is where the pipe from the lift station comes out to West Street and that it would be a private easement. Motion: To approve the Form A Plan for Cabot, Cabot and Forbes for land on West Street. (Tighe-Mahana, all in favor) VOTED 9. Board reviewed the definitive subdivision plan for Beachwood Estates for land on Short and Ware Streets. Planning Director Maurer noted that the Town should not be responsible to bring the drainage out to the street and that it should be a requirement of the developer. It was noted that the drainage in this area is very poor and that there is alreadya Hatch Act approval for the front lots. Planning Director Maurer felt that more information was going to have tobe supplied before they can make a decision on the drainage as it does not show the route out to the River. Chairman Parsons felt that they should consider the drainage in that area and ask the developer to show the impact that this development will have on it. It was noted that a retention area was proposed and should have a 4:1 slope loomed and seeded. It was noted that the ditch on the back of lot 24 will have to be piped as it is drainage that originates from the subdivision. It was the consensus of the Board to advise them that they are concerned with the impart of the drainage Minutes March 2, 1977 Page 4 and that some off-site information will be required. 10. Board met with Mr. Ed Morrison, who presented a petition to the Board to amend the Zoning By-law in the Agricultural Zone. Mr. Morrison noted that in the Health Laws of the State Piggeries are not allowed. He noted that the Board of Health rescinded their decision to grant the piggery on Spring Street. He noted that Mansfield is becoming a residential area and is getting congested and requestdd the Board to hold a public hearing on a petition to eliminate slaughtering houses, piggeries and other obnoxious occupations from the Agricultural Zone. Mr. Morrison noted that he had just met with the Board of Selectmen and they agreed to insert this article in the next Special Town Meeting. Planning Director Maurer noted that the Public Hearing has to be held prior to Town Meeting. He noted that from the date the Public Hearing is held that the Board has 30 days to make a recommendation on it. If the recommendation is not made and the Town Meeting is held prior to the 30 day period then the Town Meeting vote would be void. He noted that the first possible date for a Public Hearing is on the 30th of March and that the special Town Meeting is going to be called on the 5th of April. It was the consensus of the Board to schedule the required public hearing for March 30, 1977. 11. Board discussed the Canoe River Watershed. Planning Director Maurer presented a preliminary scope of work sheet for the east Mansfield Drainage Study prepared by Camp, Dresser, McKee. He noted that this will be further proken down into what the Town has to give them and what they will give back in return, along with a cost estimate. 12. Board discussed the Zoning Petition for land on Ware Street from the Industrial classification to Agricultural. It was the consensus of the Board to hold the required Public Hearing on March 30, 1977. 13. Board reviewed the letter from the Board of Health regarding the rezoning for the elimination of piggeries. It was noted that the petition presented by Mr. Morrison had taken care of this. 14. Board reviewed thh letter from SRPEDD regarding the appointment of a Planning Board representative. Board discussed having one appointed member with SPREDD and then alternate the meetings among the Board members. Motion: To appoint Planner Lesuer as the Planning Board's representative to SRPEDD ontM) rndd5 (Tighe -Plourde, Mahana, Mulcahy in favor, Le-suer—epesed) VOTED 15. Board reviewed the letter received from the Board of Appeals regarding the sign application for the Housing Authority. Board reivewed the letter from the Town Counsel. Motion: To write a letter to the Board of Selectmen stating that in view of the rule from the Town Counsel, further action will have to necessitate on the Town Meeting Floors, (Tighe -Mulcahy, all in favor) VOTED Minutes March 2, 1977 Page 5 16. Board reviewed the Zoning Board of Appeals application of Christopher G. Matoian, Jr. for a Variance under Section IV, Schedule "B" of the Zoning By-law to erect a building with non -conforming front, side and rear yard setbacks on a lot located on the corner of Crocker Street and Mansfield Ave. in a Business "C" Zone. Motion: To recommend that the variance not be granted for Christopher G. Matoian, Jr. (Mahana) MOTION WITHDRAWN Motion: To recommend that the variance be granted for Christopher G. Matoian, Jr. as it would improve the esthetics of the area and would broaden the tax base. (Tighe -Plourde, Lesuer, Mulcahy in favor, Mahana opposed) VOTED It was noted that there is presently a collection of beer bottleson the lot now and that the Board would still have control over the location of the parking and building under site -plan approval applications. 17. Board reivewed the Zoning Board of Appeals application of Ralph I. Maloon for a Variance under Section IV, Schedule "B" of the Zoning By-law to allow a single family home to be built on a parcel of land located between 483 and 487 Stearns Avenue with 50.15 feet frontage. Said measurement would be non -conforming in an Agricultural Zone. It was noted that there is a 6 acre parcel with only 50 foot frontage. Clerk Tighe questioned what would happen if a problem arises with the well in 5 years or so, would the Town be responsible to provide water? It was noted that as a health factor they could be. Motion: To rpcommend that the variance for Ralph I. Maloon be granted with the restriction that only one single family dwelling can be constructed on the 6 acre parcel. (MulcehyP-Plourde, all in favor) VOTED 18. Board reviewed the application for Gray Realty Trust to remove .earthen material off So. Main Street. Board reviewed the memoradum prppared by the Planning Director recommending that the permit be denied because the major portion of the test holes were taken in areas of the slope and there are only three test holes that are actually taken in the central area of the botom elevation and the fact that the drainage is altered and it all flows to the Rumford River. Motion: To recommend that the Special Permit for Gray Realty Trust not be granted and to send along a copy of the Planning Directors Memorandum noting the noncompliance with the Zoning by-law. (Tighe-Mahana, all in favor) VOTED 19.c; It was the consensus of the Board to hold the next Planning Board meeting on March 9, 1977 at 7:30 P.M. 20. It was noted that the Downtown Development Committee presentation would be held on March 3, 1977 at 7:30 P.M. Chairman Parsons noted that the recommenda- Minutes March 2, 1977 Page 6 tion of the Committee is going to be that the Planning Board be given the responsibility of implementing the program. 21. Planner Mahana stated that he noted an article in the newspaper discussing salaries and felt that it was the Planning Boards function to empahsize thatcthe Planning Director have a raise and not the Selectmen as they deali with him on a closer basis. He felt that it would be odd if they were at a Town Meeting and some members were not in agreement. He felt that he would like to see the Planning Board back the salaries proposal rather than the selectmen. Clerk Tighe noted that when he first came on the Planning Board he gathered information, which included the Planning Director's salaries and that if the Planning Board wanted to take action he would supportit, however, as it is set up in the Town Charter, the Planning Board does not hire the Planning Director and has no responsibility over his salaries. He felt that the Boards suggestions along this line might be interpreted as interference and might do more harm than good. Chairman Parsons noted that the procedure now is that the Town Manager has the authority to hire and fire the Planning Director and has the authority over his salaries. He felt that suggestions to the Town Manager would not hurt the Planning Directors standing. Planner Plourde noted that they could make recommendations on his actions without getting into salaries and amounts, but just not if they are pleased or not pleased. Planning Director Maurer noted that there is a cost of living increase given as agreed through negotiations which all Town employees received. He noted that last year he was looking for an amount over and above the cost of living, which he did not get and that this year there is no request for an extra amount so a recommendation would make no difference. 22. Planning Director Maurer noted that they had the hearing on the sewer easements last Wednesday and the meeting accomplished nothing except open up a can of worms so bad that the project could be in jeapordy. He noted that the Town of Norton is now considering an Industrial Park in that area which is giving Taunton competition, so now Taunton is looking for guarantees against the sewer plant. 23. Chairman Parsons questioned what was happenung= with the Capital Improvement Program Committee. It was noted that they have made their recommendation to the Finance Committee and so far the recommendations are still in tact. Clerk Tighe noted that he went to a presentation a t the Library as a representative of the Capital Improvement Program Committee. 24. Meeting adjourned at 9:50 P.M. 1�77%