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HomeMy WebLinkAboutPlanning 09/07/1977f MANSFIELD PLANNING BOARD r AGENDA September 7, 1977 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of August 31, 1977 3. Warrant 4. Visitors Agenda 8:00 P.M. -Margot Jellinek -Richard Sherman -re Camelot 8:30 P.M. -Richard Morse -re Earth removal 5. Old Business a. Status of Plans 1) Richard Morse -Earth Removal -Elm Street flChristian & Shromn-form A -Mill Street Vincent Lestan-Form A -Willow Street 4) W.R.C. Properties -Form A- Forbes Boulevard 5) Barbara Young -Form A -East Street b. Board of Appeals I 1) Edna Murry -Union Street -Variance -two family to three family 2) Bruce Evan -Pratt Street -Variance -side yard 3) Robert McCoy -South Main Street -Variance -auto sales 4) Richard Morse -Elm Street -Permit -earth removal 5) Camelot Trust -Tremont Street- Variance- earth removal c. 1978 Proposed Zoning Amendments 6. New Business a. Correspondence b. Public Discussion c. Date for next meeting d. Around the table 7. Adjournment MANSFIELD PLANNING BOARD Minutes September 7, 1977 Present: Chairman Parsons, Planners Hartman, Mahana, Mangiaratti, Tighe, Planning Director Maurer 1. Motion: To elect Planner Tighe Acting Clerk (Hartman - Mangiaratti all in favor) VOTED 2. Correspondence To Carol J. Thomas, Planning Director of Universal Engineering Corpora- tion from Kenneth Parsons re Application for Liveable Cities Program ZONING BOARD OF APPEALS APPLICATIONS Paul T. Thatcher for variance to use a parcel of land adjacent to his existing garage located at 428 Elm Street NOT VOTED 3. Motion: To approve the minutes of August 31, 1977 with the following amendments: Item 7, last line: ....... the Board intends to present..." Item 8, first line: "It was suggested that the Board acquire..." (Tighe-Mangiaratti all in favor) VOTED 4. Planning Director advised the Board that he had reviewed the earth removal site for Richard Morse on Elm Street and noted that the major element that is not in conformance with the Zoning By-law is that borings were not taken to the proper depth to indicate the location of ground water. 5. Board reviewed the Form A Plan for Christian and Schromm-, Inc. for land on Mill Street. It was noted that the plan did not adequately delineate the ownership of the strip that runs along the front of the property and that Mill Street is not shown south of Essex Street Motion: To return the Form A plan to Christian and Schromm , Inc. for the following corrections: 1) Describe the ownership of the strip of land along Mill Street 2) Locate the westerly side line and label Mill Street south of Essex Street (Tighe-Mahana all in favor) VOTED (Planning Director left meeting to attend Selectmen's meeting) r 6. Mrs. Jellinek met with the Board to discuss the Board's recommendation for the earth removal variance for the Camelot subdivisions. She was advised by the Chairman that the Board's recommendation was based on the promise that the earth removal variance would permit the developer to continue with the Minutes September 7, 1977 Page 2 subdivision as originally approved by the Planning Board. Mrs. Jellinek was advised of the difference between a variance and a permit. She noted that if the Board of Appeals grants the variance, a citizen suit would be instituted and the Planning Board would be named as codefendentd because the actions would nullify the whole earth removal by-law. 7. Board reviewed the Form A plan for Barbara Young for land on East Street. Motion: To return the Form A plan as the elevation on the Canoe River was not shown (Tighe -Hartman all in favor) VOTED 8. Board reviewed the Form A plan for Vincent Lestan for TAdd on Willow Street. It was noted that the Brook running through the property was not properly labeled. Motion: To return the plan to have the brook labeled and the elevation of the water level shown (Mahana-Hartman all in favor) VOTED 9. Board reviewed the Form A plan for W. R. C. Properties for land on Forbes Boulevard. (Planner Hartmen left the meeting and did not participate in the discussion on this item) It was noted that Lot 220 was not shown. Motion: To return the plan to have the following corrections made: 1) Label Lot 220 2) Show the abuttors on the Form A (Mahana-Mangiaratti all in favor) VOTED 10. Board met with Richard Morse to discuss his earth removal application for land on Elm Street. Mr. Morse explained that the earth will be removed in 5 acre sections and that there will always be 2 sections under cultivation at any one time. He noted that in the front section he may not be in con- formity with the by-law, but felt the non -conformity was a benefit. He said he would take additional borings if required to do so, but would rather not make them. Mr. Morse noted he talked with the neighbors and they are concerned about the trucks. He is willing to increase the intervals when loaded trucks may leave the project and tee'that no trucks would leave until kids are in school. He noted that the project was not near other projects in the area and that his interest was to use the land for agricultural purposes after the earth material was removed. Several members of the Board said they would review the property at 6:30 pm on the following evening. (Planning Director returned from Selectmen's meeting) 11. Board reviewed the variance application for Bruce Evans for a side yard dimension for land on Pratt Street Motion: To recommend that the variance be granted with the understanding that the Board's endorsement does not imply the approval of a future roadway in a future subdivision. (Mangiaratti-Mahana all in favor) VOTED Minutes September 7, 1977 Page 3 12. Board reviewed the variance and special permit application for Robert McCoy to establish a used car business on South Main Street. Motion: To recommend that the variance not be granted because it represents a substantial expansion of a non -conforming use in a residential area. The character of the area would be changed and the enlargement of the non- conforming use would substantially derogate from the purpose of the Zoning By-law. (Mangiaratti-Mahana all in favor) VOTED (Planner Tighe left meeting) 13. Board reviewed the variance application for Edna Murray to convert a two- family dwelling to a three-family dwelling on Union Street. Motion: To recommend that variance not be granted (Mahana-Mangiaratti all in favor) VOTED (Planner Tighe returned) 14. Board reviewed the variance application for Camelot Trust for earth removal off of Tremont Street. It was noted that this removal would be in conjunct- ion with the approved subdivision. The Board had previously recommended approval of this application when it was submitted in August. The Board reviewed their previous recommendations and made several adjustments. The following is a draft of proposed conditions. The variance application requests the removal of earth material from within the roadways and retention area of the approved Camelot at Mansfield subdivision. The Planning Board conditionally recommends approval of the variance provided that all of the following restrictions are included as conditions -6f—the variance: 1) The final grades and distances shall be no less or no more than those shown on a plan entitled"Camelot at Mansfield, a subdivision in Mansfield, Mass." approved by the Planning Board on October 22, 1975. No materials shall be removed from areas not designated on the approval plan. 2) Prior to commencing of the operation the limits of cut shall be staked at 50 foot intervals along King Arthur Way and Lancelot Lane and shall show the maximum cut at the bottom of the slope. The Planning��Brd shall then be notified in writing that the limits of ems€ hava been stated and the Planning Board shall review the limits of to determine if they are in compliance with the approved subdivision plan. 3) All loam and top soil shall be stockpiled on the site to be placed back on the exposed slope of Lancelot Lane, King Arthur Way, the retention area and the drainage easement and ditch. Minutes September 7, 1977 Page 4 4) The operation hours, including warm up and repairs of equip- ment, shall be between 8:30 a.m. and 5 p.m. on Monday through Friday. Loaded trucks may leave the prescribed premises only within such hours. 5) Police officers may be required for traffic controls at the following locations as determined by the Chief of Police. a) The entrance of the site on Tremont Street b) The intersection of Tremont and West Street c) The intersection of Tremont and Williams Street d) The intersection of Old Elm Street and School Street The cost of police shall be the responsibility of the applicant. 6) All loaded vehicles shall be suitably covered to prevent dust and contents from spilling and blowing from the load. Loaded trucks shall leave the premises at a rate no greater than one (1) every three (3) minutes. 7) The contractor shall be responsible for the daily cleaning of spillage on public ways within the Town of Mansfield, occurring as a result of this peration. In instances where spillage is not being properly controlled the Building Inspector will stop work until spillage is removed. Continuing violations of this may result in the revoking of the permit. 8) If at any time during the period of this operation any of the above standards are not complied with the Building Inspector shall issue a cease and desist order. 9) A formal permit for this project will be issued for a period of six(6) months and the permit may be renewed based upon satisfactory performance at the time of renewal. Planner Tighe advised the Board that he would change his vote and not vote in favor of the variance because the application violates too many provisions of the Zoning By-law. He also noted that the Planning Board that reviewed and approved the original plan should have looked more carefully into the question of earth removal prior to original approval. The Planning Director advised that the cuts as approved were done to get the street to slope away from Williams Street in order that a serious drainage problem could be eliminated. Motion: To table discussion on the Camelot application until next meeting. (Tighe-Mahana all in favor) VOTED 15. Motion: To table action on the Richard Morse application until next meeting. (Mangiaratti-Mahana all in favor) VOTED Minutes •September 7, 1977 Page 5 16. Planning Director advised that the moratorium for earth removal would be legal and that it could be accomplished at a Special Town Meeting. He noted that if a Fall Special is called, then the article should be inserted in the warrant. If the Special is not called, then it would be best to present a full amendment to the Annual Meeting. 17. Planning Director questioned the Board action on the Form A Plan for Barbara Young (see item 7). It was noted that the elevation of the Canoe River was shown. Motion: To approve the plan for Barbara Young for land on East Street. (Tighe -Hartman all in favor) VOTED 18. Mrs. Jellinek advised the Board that she felt there was a state law that required that earth could not be removed belowlexisting street grades. 19. The next meeting of the Board will be Wednesday, September 14, 1977 at 7:30 p.m. 20. Planning Director advised that the Selectmen had voted to continue membership in SPREDD. S 14, f 977 DATE I