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HomeMy WebLinkAboutPlanning 03/30/1977MANSFIELD PLANNING BOARD AGENDA March 30, 1977 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of March 16, 1977 3. Warrant 4. Public Hearings 8:00 P.M. - Rezoning Petition Short/Ware Streets 8:30 P.M. - Rezoning ;Uses in Agricultural Zone 9:00 P.M. - Rezoning Variances 5. Visitors Agenda 9:30 - Allen Willis - re. bond estimate for Spruce Acres 9:45 - Conservation Commission re. Scenic Roads 10:00 - Charles V. Zorba - remodeling Pratt Street 6. Old Business a) Status of Plansr 1 Strawberry Meadow - Def. Sub. - Fruit Street - 4/10/77 2; Karl lClemmey:- Def. Sub. - West Street - 4/17/77 3) Beachwood Estates - Def. Sub. - Short/Ware Street 4) Evelyn (Westhaver) Allen - Form A - Franklin Street - 4/6/77 5) William Lewis - Site Plan -'Fruit Street 4/14/77 6) Lewis D. Wynn - Form A -`West Street - 4/6/77 7) William Bertarelli - Form A - Maple St./Bird Rd. - 4/8/77 b. Recommendations on Zoning Articles 1) Rezoning - Chauncy Street 2) Rezoning Short/Ware Street 3) Rezoning uses in Agricultural Zone 4) Rezoning Variances C. Subdivision amendments 7. New Business a. Correspondence b. Public Discussion c. Date for Next Meeting d. Around the Table 8. Adjournment MINUTES March 30, 1977 Present: Chairman Parsons, Clerk Tighe Planners: Hartmann, Mahana, Lesuer Planning Director Maurer 1. Letters were read from the following: Massachusetts Historical Association notice of State wide conference Planning Director Maurer to Representative Lombardi regarding amendment to subdivision regulations SRPEDD to Planning Board regarding proposed Zoning By-law amendment regarding Use Variances. Light Department to Planning Board regarding definitive subdivision plan for Karl Clemmey Charles Mulcahy to Planning Board regarding resignation from Planning Board. Board of Selectmen to Downtown Development Committee regarding presentation. James Antosca to Building Inspector regarding earth removal in the 'Camelot Subdivision, Department of Public Works of the Commonwealth of Massachusetts regarding 1495 over Forbes Boulevard Department of Public Works Director to Planning Board regarding Strawberry Meadow definitive subdivision plan. Light Department to Planning Board regarding Strawberry Meadow definitive subdivision plan. Light Department to Planning Board regarding Beachwood Estates definitive subdivision plan. Board of Health to Planning Board regarding Beachwood estates definitive subdivision plan. Board of Health to Conservation Commission regarding filing of wetland conditions in Registry of Deeds for land on Ware Street. Town of Plainville notice of Public Hearing for change in Zoning By-law. City of Attleboro notice of Public Hearing for change in zoning By-law. Minutes March 30, 1977 Page 2 Town of Easton notice of Public Hearing for Zoning By-law change Board of Appeals decision on the application of H & R Block - granted Board of Appeals decision on the application of Karl Clemmey - granted Board of Appeals decision on the application of Ralph Maloon - granted Board of Appeals notice of Public Hearing on the application of Cotton `-, Chavaree, Staples, and Doore. 2. lotion: To approve the Minutes of March 16, 1977 as presented. (Mahan-Lesuer, all in favor) VOTED 3. Motion: To approve the Warrant of March 30, 1977 in the amount of $255.50 (Iiahana-Hartmann, all in favor) VOTED 4. Board discussed the definitive subdivision plan for Strawberry Meadow. Board also reviewed the memorandum prepared by the Planning Director. It was noted that the covenant was submitted and properly cross- referenced to the plan to be recorded in the Registry of Deeds, and that they now showed 6 inches of cover over the sewer pipe instead of 4 Inches. Motion: To approve the definitive subdivision plan for Strawberry Mdadow for land located off Fruit Street. '(Tighe-Mahana, all in favor) VOTED 5. Board discussed the definitive subdivision plan for Karl Clemney. Board also reviewed the memorandum prepared by the Planning Director. Motion: To send a letter to the applicant pointing out the 11 items in the Planning Director's memorandum of March 28, 1977 and advise that these conditions must be complied with prior to the Planning Board taking action on the plan. (Tighe -Hartmann, all in favor) VOTED 6. Board discussed the definitive subdivision plan for Beachwood Estates. Board also reviewed the memorandum prepared by the Planning Director. Motion: To send a letter to the applicant pointing out the 9 items listed in the Planning Director's memorandum of March 28, 1977, along with the conditions of the Board of Health, and advise that these conditions must be complied with prior to the Planning Board taking action on the plan. (Tighe -Hartmann, all In favor) VOTED 7. Board reviewed the Form A Plan for Evelyn (Westhaver) Allen for land on Franklln Street. Motion: To approve the Form A Plan for Evelyn (Westhaver) Allen for land on Franklin Street. (Tighe-Mahana, all In favor) VOTED Minutes March 30, 1977 Page 3 8. At 8:00 P.M. the Planning Board held the required Public Hearing on the petition of 216 citizens of Mansfield to rezone a parcel of land from its present classification of Industrial to the Agricultural Zone. This parcel of land is located on Ware Street and Short Street. Transcript of that hearing is on file. 9. At 8:30 P.M. the Planning Board held the required Public Hearing on the petition of 113 citizens of Mansfield to amend the Zoning By-law Section III -C®18. Transcript of that hearing is on file. 10. At 9:00 P.M. the Planning Board held the required Public Hearing on the petition of 125 citizens of Mansfield to amend the Zoning Bylaw Section VI -R -2-C. Transcript of that hearing is on file. 11. Board met with Fred Rys, Robert Jones, and David Devnew of the Conservation Commission. Chairman Rys noted that the Conservationr'submitted an Article to the Town Meeting designating roads as Scenic Roads and apologized for not discussing it with the Planning Board first. He noted, however, that they wanted to be sure the article was submitted in time. The Conservation Commission noted that they want to designate Scenic Roads under Chapter 67 and that Mr. Jones has been interested in this for several years and they finally decided to present it to the Town. Mr. Jones noted that they picked streets of historical value and that the list chosen could be added to or some roads deleted. He noted that a Scenic Road is a road with older trees and stone walls. It was noted that it does not prevent the repairing of these roads. It was noted that the general laws state that It is governed by the Planning Board, who.,just has to hold a Public Hearing before they can be designated as'scendc'roads. It was noted that the streets chosen by the Conservation Commission include Maple Street from Franklim Street to Oakland Street, Mill Street, Old Elm Street, Otis Street, Plain Street, Williams Street, and West Street from Tremont Street to the No. Attleborough Town line., and Balcom Street. Planning Director Maurer noted that the way the State statue is worded this relates back to the Planning Board and since the Planning Board does not have the responsibility for the final approval of plans for the reconstruction of streets, but the Board of Selectmen does, there is a conflict as to who should hold the Public Hearing. 'Requested that this be checked with Town Counsel to see if it is possible to put this back with the Board of Selectmen as they are the ones that have the jurisdiuetion in this area. The Conservation Commission noted that the wording for the article came from the Conservation Law Foundation, It was noted that once the roads are designated for Scenic Roads that there is funding available which is similar to the Chapter 90 funding, however there are not stringent conditions as the town sets theirrown standards. It was noted that the wording in the Article was not adequate as the way it is proposed it would require a Public Hearhg to just oil the road. It was noted that this would have to be amended on Town Meeting floor. 5 12. Board met with Charles Zorba regarding land on Pratt Street where the Mansfield Beverage is located, it was noted that the front setback is right on the property fine and that Mr. Zorba was advised by the Building inspector to come before the Planning Board, d the use would not be changed or expanded so no Site Plan It was noted that approval required, Mr, Zorba was referred back to the Building Inspector, 13. Board reviewed the site plan application for William Lewis for land on Fruit Strpat. Board also reviewed the memorandum prepared by the Planning Director. It was noted that the site would be used for an automobile salvage yard, Mr. Grant, the applicant, came before the Board and noted that there would be no outside lighting, no signing, no septic system as he would not be employing anyone and very little arking raisingn the largerade areaointhe itspnaturalahabitateandted thathat thehfence will be moved in considerably going ral land will act Planning Director Maurer noted ethat natuthe site plan does anot insures a thequality of the work within the fencing andquestioned if the applicant would consider putting a restri e on any land that Mrction on the plan that would be recorded in the Registry of Deeds. , Grant noted that he would not put an would take owns. Planning Board advised that they would take the site plan under advisement, 14. Board reviewed the Form A rPlan for Lewis Wynn for land on West Street, It was noted that the descriation of the property on the Form A application Was not accurate as It only made reference to one property owned by Schultz. Motion: Notito"aPProve the Forin�A Plan for Lewis Wynn :for land on West Street until the Form A description of the property is more accurate, specifically as it relates to the Schultz property, (Tighe®Lesuer, all in favor) VOTED 15. Board reviewed the Form A Plan for William Bertarelli for land on Maple Street. It wasnoted that the description on the Form A application was not accurate. Motion: Not to approve the Form A Plan for William Bertarelli until the Form A description of the property is corrected. (Tighe -Hartmann, all in favor) VOTED 16. Board reviewed the Zoning Petition for the Rezoning of land on Chauncy Street from Residence B to Business C. The Public Hearing for this petition was held on March 9, 1977. Clerk Tighe noted that he was going to abstain to an to revy motion because the Planning Board has not had a chance iew the business zoning. He noted that he did not want to vote I n favor of business zoning where it should not be and he did not want to vote againstit because he did not want to penalize the man.. Planning Director Maurer noted that the petition is so vaugly worded th that it is inadequate Just downaaction on. noted heroad fronwherethe Planning nBoard was alookingtattforis an area to be rezoned to business use. Minutes March 30, 1977 Page 5 BoardMot ion: That the Planning change for the rezoning of Chauncy Street only be voted if the applicant amends it at Town Meeting to a Business B zone instead of Business C and that specifically describe rezoned.the area to be VOTED(Hartmann - Motion lost for want of a second) NOT Motion: That the Planning Board recommend to the Town Meeting that land on Chauncy Street not be rezoned as it would be inconsistent with the Comprehensive Planning Program, (Lesuer-Mahana, Hartmann in favor, Tighe abstained) VOTED 17. Board reviewed the zoning petition to rezone a parcel of land on Short and Ware Street from Industrial to Agricultural. Planning Board held the required public hearing on this petition during this meeting. Motion: That the Planning Board recommend that the area owned by Allen be rezoned to Agricultural and the property owned by Lewis remain Industrial. (Hartmann - Motion lost for want of a second) NOT VOTED Motion: That the Planning Board recommend to the Town Meeting that favorable action be taken on this petition to rezone a parcel of land on Short and Ware Street from Industrial to Agricultural, (Lesuer-Hartmann, Mahana in favor, Tighe opposed) VOTED 18. Board reviewed the zoning petition to amend the zoning by-law Section III -C-18. Planning Board held the required public hearing on this petition during this meeting, Motion: To recommend to Town Meeting that this rezoning petition not receive favorable action. (Tighe -Mahan, all in favor) VOTED 19. Board reviewed the zoning petition to amend the Zoning Bylaw Section VI -D -2-c, Variances. Planning Board held the required public hearing on this petition during this meeting. Motion: That the Planning Board support this article provided that the initiator of the petition amend the word'i:hgof the article at Town Meeting as advised by SRPEDD.� J-4-. ' Tighe4Har,trm6nn ; L&iueir: in:fa,kor:i Mahana:opposed) VOTED Clerk Tighe noted that he was in favor of this petition because he does not think that when the people of the Town vote for the Zoning Laws that they should be so freely be agrogated. He noted that the people of the Town should have the say of what zones are going to be where, Kari Clemmey noted that anyone can appeal the decision of the Board of Appeals by filing a petition in the General Court. Clerk Tighe noted that this would cost money, Tony Caponigro questioned how, under the General Laws that this can be taken from the Board of Appeals. Planning Director Maurer noted that underChapter 808 states that the Town Meeting can vote to eliminate use variances. Minutes March 30, 1977 Page 6 20, it was the consensus of the Board to hold the next planning Board meeting on April 13, 1977® 21. Board discussed the Site Plan for William Lewis for land on Fruit Street. Motion: To Notify Mr. Grant of the comments in the Planning Directors': memorandum needed to complete his site plan application and If the fence is going to be moved as suggested by Mr. Grant that this change be shown on the site plan. (Tighe -Hartmann, all in favor) VOTED 22. Board reviewed the bond estimate for Spruce Acres in the amount of $5,322.60 to release lots 8, g, and 10 Motion: To approve the bond estimate for Spruce Acres in the amount of $5,322.60 and forward the estimate to the applicant. (HartmannrMahana, all in favor) VOTED 23. Meeting adjourned at 11:55 P.M. Clerk i a e