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
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