HomeMy WebLinkAboutPlanning 09/14/1977MANSFIELD PLANNING BOARD
AGENDA
September 14, 1977
1. Call to order (7:30 P. M.)
2. Clerk's Report
a. Correspondence
b. Minutes of September 7, 1977
3. Warrant
4. Public Hearings
8:00 Zoning Amendment - Piggery
8:30 Subdivision Amendment - Flood Insurance
5. Visitors Agenda
8:45 Delores Benson re Pleasant Street lot
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6. Old Business
(` a) Status of Plans - (previously submitted)
1) Richard Morse - Earth Removal - Elm Street
2) Christian and Schromm - Form A - Mill Street
3) W. R. C. Properties - Form A - Forbes Blvd.
b) Zoning Amendment -Recommendations
1) Use Variances
2) Piggeries
c) Flood Insurance - Subdivision Amendments
d) Zoning Board of Appeals
1) Camelot Trust - earth removal
2) Richard Morse - earth removal
e) 1978 Proposed Zoning Amendments
7. New Business
a) Status of Plans - (new submissions)
b) Bind Release Rustic Acres
c) Correspondence
d) Public Discussion
e) Date for next meeting
f) Around the table
8. Adjournment
MANSFIELD PLANNING BOARD
MINUTES
September 14, 1977
Present: Chairman Parsons, Cl.erk Lesuer
Planners: Mangiaratti, Hartman, Plourde, and Tighe
Planning Director Maurer
1. Call to order 7:35 p. m.
2. Correspondence
To Planning Board from Francis F. Foley re William W. Reed
To Planning Board from Brookline Trust Company re Letter of Credit
for Circle M Realty Trust
To Mansfield Planning Board from Home Developers, Inc. re release
of bond for drainage work in Rustic Acres subdivision
Report from the Accounting Department on Planning Board expenditures
through month of August
Memo to Mansfield Boards and Commissions from William P. Metropulos
re 1978-79 Capital Improvement Program
Memo to Mansfield Planning Board from W. Chadwick Maurer, Jr. re
Bond Release - Rustic Acres
Memo to Mansfield Planning Board from W. Chadwick Maurer, Jr. re
Procedure for Business Zoning
Memo to Mansfield Planning Board from W. Chadwick Maurer, Jr. re
Earth Removal Regulations
Memo to Mansfield Planning Board from W. Chadwick Maurer, Jr. re
Earth Removal Application - Richard Morse
To Paul Dalton, Cabot, Cabot & Forbes from Mansfield Planning Board
re Approval Not Required Plan - Mill Street
To Vincent Lestan from Mansfield Planning Board re Approval Not
Required Plan - Willow Street
To Russell Christian, Christian and Schromm, Inc. from Mansfield
Planning Board re Approval Not Required Plan - Mill Street
To Board of Appeals from Mansfield Planning Board re Application of
Bruce S. Evans for a Variance
To Board of Appeals from Mansfield Planning Board re Application of Robert
G. McCoy for a Variance and a Special Permit
Minutes
September 14, 1977
Page 2
To Board of Appeals from Mansfield Planning Board re Application of
Edna A. Murray for a Variance
To William Metropulas from W. Chadwick Maurer, Jr. re Proposal for
SRPEDD Municipal Advice
Petition for a special Town Meeting to rezone a parcel of land
beginning at the intersection of Ware Street and Short Street
ZONING BOARD OF APPEALS APPLICATIONS
Rodney C. Stearns for variance to erect a sign in a Business "B"
Zone
Wendell Jackson for variance to erect a 30' x 60' building in
an Agricultural Zone
Charles E. Holland for variance to repair automobiles in a garage
located in a Residence "A" Zone
3. Motion: To approve the minutes of September 7, 1977, with the
following amendments:
Item 14 #2, line 5: "... limits:'of cut..."
and line 6, "...limits of cut..."
(Tighe-Lesuer all in favor) VOTED
4. Board discussed the earth removal application of Richard Morse for land
on Elm Street.
5. Public Hearings for amendments to Zoning By -Law for piggeries and for
the amendments to subdivision regulations for Flood Insurance were
called to order at 8:00 p. m. The Flood Insurance hearing was continued
to 8:30 p. m.
6. Public Hearing for the petition of registered voters for prohibiting
piggeries in Mansfield, transcript is on file. (Planner Mangiaratti
left the meeting and did not participate in the hearing)
7. Board continued discussion for the earth removal applications of
Richard Morse. The Planning Director's memorandum of September 14,
1977 which pointed out deficiencies in the application was discussed.
Motion: To recommend to the Board of Appeals that the special
permit not be granted because the plan as submitted does not
meet the minimum requirements of the Zoning By-law in the following
instances:
1. Abuttors not shown as required by Section G -1-b
Minutes
September 14, 1977
Page 3
2. All of the borings were not taken to a depth of 4 feet
below the finish grade as required by Section G -1-b. They include
the following: 6, 8, 11, 12, 13, 15, 16, 21, and 28.
3. The seasonal high water level has not adequately been
determined to prove that the finished grade would be at least
6 feet above the seasonal high water level as required by Section
G -2-h.
There is conflicting data on the borings, as 30 were taken in
1972 and 6 were taken in 1977.
4. The application does not conform with Section G -3-e of the
Zoning By-law,vhich requires that natural drainage leave the
property in the same direction after the operation has been
completed as before. It is also a requirement that the amount
of run-off not be increased. The front portion of the property
presently drains toward Elm Street and the rear portion presently
drains toward the Wading River.
(Mangiaratti-Lesuer all in favor) VOTED
8. Board reviewed the Form A plan for Christian and Schromm for land on
Mill Street. It was noted that the plan did not show the westerly
sideline of Mill Street as requested by the Board.
Motion: To return the Form A plan to Christian and Schromm to have
the westerly side line of Mill Street shown. (Tighe-Lesuer
all in favor) VOTED
9. Board reviewed the Form A plan for W. R. C. Properties, Inc. for land
off Forbes Boulevard. (Planner Hartman left the meeting and did not
participate in the discussion on this item) It was noted that the
correction requested by the Board on September 14, 1977 had been made.
Motion: To endorse the Form A plan for W. R. C. Properties, Inc. for
land off Forbes Boulevard. (Tighe-Mangiaratti all in favor)
VOTED
10. Public Hearing 8:30 p. m. amendment to Subdivision Regulations for
Flood Insurance. (transcript on file)
11. Board met with Mr. and Mrs. Edward Benson of Manet Trust regarding a
Form A plan for 2 lots on Pleasant Street.
Motion: To endorse the Form A plan for Manet Trust for 2 lots on
Pleasant Street. (Lesuer-Plourde all in favor) VOTED
Minutes
September 14, 1977
Page 4
12. Board reviewed the Form A plan for 2 lots on Willow Street. It was noted
that the corrections requested by the Board on September 14, 1977 had
been made.
Motion: To endorse the Form A plan for 2 lots for Vincent Lestan
for land on Willow Street. (Tighe -Plourde all in favor)
VOTED
13. Board discussed the petition for an amendment to the Zoning By-law
limiting the use variance authority of the Board of Appeals.
Motion: To recommend to the Town Meeting that the article as
petitioned be approved. (Tighe -Hartman, Plourde, Lesuer
in favor, Mangiaratti abstained) VOTED
14. Board discussed the petition for an amendment to the Zoning By-law to
eliminate piggeries in all zones in Mansfield.
Motion: To recommend to the Town Meeting that the article as
petitioned be approved. (Lesuer-Tighe, Hartman, Plourde in
favor, Mangiaratti abstained) VOTED
15. Board discussed the amendment to the Subdivision Regulations for Flood
Insurance.
Motion: To approve the amendment to the Subdivision Regulations
as advertised with the following additions:
F-2. All new roads constructed within an approved subdivision
and in a flood prone area shall be constructed at an elevation
equal to or greater than the 100 year flood. In such areas,
the lots shall be graded to a minimum elevation 2 feet above the
center line of the road.
16. Board discussed earth removal variance for Camelot Trust for land off
Tremont Street.
Motion: To conditionally recommend the approval of the variance
provided that all of the following restrictions are included
as conditions of 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.
Minutes
September 14, 1977
Page 5
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 Board shall then be notified in
writing that the limits of cut have been stated and the
Planning Board shall review the limits of cut to determine if
they are in compliance with the approved subdivision plan.
3) All Toam 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.
4) The operation hours, including warm up and repairs of
equipment,shall be between 8:30 arm. 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 operation. In instances where
spillage is not being properly controTied 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.
(Hartman-Lesuer, Plourde, Mangiaratti in favor, Tighe opposed) VOTED
Minutes
September 14, 1977
Page 6
17. Board discussed 1978 zoning amendments. The Planning Director advised
that the Selectmen would be calling a Special Town Meeting on October
17, 1977 to consider the petition of 207 registered voters for the
rezoning of land on Ware and Short Streets from Industrial to Agricultural.
The Planning Board discussed probing the amendment for the moritorium
for earth removal.
Motion: To advertise for a Public Hearing for the moritorium on earth
removal permits which would run from October 17, 1977 through
to the conclusion of the Annual Town Meet.inq.in 1977. The
Planning Board will present to the 1978;Annual Town Meeting
a comprehensive revision to the Earth Removal Regulations.
(Lesuer-Mangiaratti, Plourde, Tighe in favor, Hartman opposed)
VOTED
Planner Hartman advised that"he opposed the moritorium because he felt
that there was adequate time between now and the:,Special Town Meeting to
prepare new regulations and that the moritorium would not be fair.
18. Board discussed the bond release for Rustic Acres for the drainage work
in the subdivision on Ware Street. The Planning Director advised that
$21,547.60 was eligible for release.
Motion: To release $21,547.60 for Mansfield Cooperative Bank account in
accordance with the provisions of the letter from the Bank
datedJuly14; 1977 (Tighe-Lesuer all in favor)
VOTED
19. Board reviewed the letter of credit #108 from the Brookline Trust
Company in the amount of $21,390.50 for work that remains to be completed
on Maverick Drive in the Circle C Estates subdivision.
Motion: To accept the Letter of Credit #108 in the amount of
$21,390.50 for the Circle C Estates Subdivision.
(Tighe -Plourde all in favor) VOTED
20. It was the consensus of the Board to table action on the 3 Board of
Appeals applications until the next meeting.
21. Board discussed the letter from Attorney Francis Foley regarding the
lot on South Walnut Street for William Reed.
Motion: To advise Attorney Foley that the Board has not received the
revised plan. (Lesuer-Tighe all in favor) VOTED
22. Board discussed petition of 207 registered voters for rezoning of land
on Ware Street from Industrial to Agricultural. It was the consensus of
the Board to hold the hearing the same night as the moritorium hearing.
Minutes
September 14, 1977
Page 7
23. Planning Director advised that another petition would be filed for
rezoning of land on Gilbert Street from Industrial to Agriculture.
The hearing for this petition will be held on the same date as the
one in item #22.
24. Mrs. Jellinek advised the Board on possible conflict of interest
between the Planning Director and RIM Engineering on the Circle C
Estates subdivision.
25. Clerk Lesuer advised that he would try to attend the next full meeting
of the SRPEDD Commission.
26. Planning Director advised that representatives of Cabot, Cabot and
Forbes would be attending the next meeting to discuss paving the roads
within the industrial park.
27. Meeting adjourned.
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