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HomeMy WebLinkAboutPlanning 10/12/1977MANSFIELD PLANNING BOARD AGENDA October 12, 1977 1. Call to order (7:30 P.M.) 2. Clerk's Report a) Correspondence b) Minutes of October 5, 1977 3. Warrant 4. Visitors Agenda 8:00 P.M. Attorney Preston Hood re. Rezoning Gilbert Street B_;30 P.M. �irport Commission -Franklyn Allen re. Rezoning Short/Ware Street �q hci Mc I - 5 G YiS 5. Old Business T:oc , a) Recommendation on Articles for Special Town Meeting. 1) Rezoning of Gilbert Street 2) Rezoning of Short/Ware Street 3) Amendment to Section V -G b) Draft amendment to Section V -G c) Livable Cities Application 6. New Business a) Covenant for Jennie Lane b) Status of Plans - New SubmissionsF� c) Correspondence d) Public Discussion e) Date for Next Meeting f) Around the Table 7. Adjournment B MANSFIELD PLANNING BOARD MINUTES October 12, 1977 Present: Chairman Parsons, Clerk Lesuer Planners: Tighe, Hartmann, Mahana Planning Director Maurer 1. Letters were read from the following: Planning Board from Mansfield Cooperative Bank regarding performance bond for Juniper Drive Conservation Commission to Ronald Bonvie regarding lots on Ware Street Conservation Commission to Planning Board regarding letter to Vincent Lestan regarding removal of tree limb on Willow Street Airport Commission to Planning Director regarding rezoning on Ware Street Planning Board to Cabot, Cabot and Forbes regarding WRC Properties, Inc. Planning Board to Franklyn Allen regarding drainage in Beachwood Estates Subdivision Planning Board to Board of Appeals regarding application of Michael Depalma Minutes of Board of Health of meeting of September 22, 1977 SRPEDD To Planning Board regarding proposed amendment to zoning by-law SRPEDD to Planning Board regarding clean water plan Status of Planning Board accounts as of 9/27/77 Notice of Habitat courses Notice of Public Meeting regarding I-495 2. Board discussed the Minutes of October 5, 1977. Clerk Lesuer noted that on Page 2, Item #6 should read "Planner Hartmann and Clerk Lesuer noted that even if the borings are old they could still be valid borings." Motion: To approve the Minutes of October 12, 1977 as amended. (Tighe-Lesuer, all in favor) VOTED 3. Motion: To approve the warrant of October 18, 1977 in the amount of $74.50 (Tighe-Lesuer, all in favor) VOTED Planner Mahana felt that they should look into the quick printing in Attleboro for having the letterheads done as it is much cheaper. Chairman Parsons noted his agreement with this. Minutes October 12, 1977 Page 2 4. Board discussed the proposed amendment to Section V -G of the Zoning By-law to be voted on at the Special Town Meeting on October 17, 1977. It was noted that at. --the Public Hearing it was questioned if persons would still be allowed to remove material in conjunction with the construction of their foundations and, as worded, this article would prohibit this. Motion: To advise the Town Clerk that the Planning Board recommends favorable action on Article 7 of the October 17, 1977 Special Town Meeting if amended as follows: "V -G- No permits, variances or renewals of existing permits shall be issued for earth removal in accordance with SectionV-G of the Mansfield Zoning By-law from the effective date of this amendment until the conclusion of the 1978 Annual Town Meeting. The prohibition of approval of earth removal projects during the above described time period has been recommended by the Mansfield Planning Board because existing earth removal requirements are inaffective in protecting the rights and interests of the applicant, abuttors and the Town of Mansfield. The Planning Board is preparing a comprehensive revision of Section V -G of the Mansfield Zoning By-law and said revision will be presented to the 1978 Annual Town Meeting. Nothing herein shall prohibit the removal of stone, sand, loam and gravel incidenta U to the construction of a building for which a building permit has been duly issued. (Tighe-Mahana, all in favor) VOTED 5. Board met with Antonino Caponigro on behalf of Preston Hood, Attorney for the Sweet estate on Gilbert Street. Mr. Caponigro noted that Mr. Hood was unable to attend the Public Hearing last week and again unable to attend this evenings meeting. He noted that the owners of the Estate have been unable to sell this property as an industrial area and request that the Planning Board recommend this to be rezoned to agriculture so that it could be sold for house lots. Mr. Caponigro noted that Mr. Hood would be at the Town Meeting to speak on this article. Planning Director Maurer noted that the rezoning of this area is consistent with what the Planning Board had recommended at a total rezoning article which was defeated. Planner Mahana (felt that this should be rezoned back to Agriculture. Motion: To advise the Town Clerk that the Planning Board recommends favorable Town Meeting action on Article 2 of the October 17, 1977 Special Town Meeting. (Mahana-Tighe, all in favor) VOTED 6. Board met with Fred Conford of the Airport Commission to discuss the rezoning of property on short and Ware Street from,Industrial.to A riculture. ( Board also reviewed the letter from the Aarport Commissio Minutes October 12, 1977 Page 3 dated October 11, 1977. It was noted that the Airport Commissions letter quoted the Massachusetts Aeronotics Regulations and that they did not know to what elevation the runway approach zone would intersect with the area to be rezoned. :° Clerk Tighe questioned what authority the Manning Board has on this as they can only consider the rezoning and that if they do have it rezoned they can't put any type of restriction on the location of buildings within proposed runways if the Town does not own the land. Planning Director Maurer noted that the Chairman of the Airport Commission has noted his concern about maintaining the east/west runway and the north/south runway to maintain the agreement with the Federal Government. Frank Allen noted that the existing runway approach will not go over the property that they are going to build on andit goes to the west of the property. Motion: To advi-se the Town Clerk that the Planning Board recommend favorable Town Meeting Action on Article 1 of the Special Town Meeting as the rezoning of this land would provide a land use more consistent with the existing area. (Mahana-Hartmann, all in favor) VOTED Planner Mahana suggested that they notify the State Aeronotics Commission and let them know about the rezoning. Board reviewed the proposed amendment to Section V -G, Earth Removal, of the Zoning By-law. Chairman Parsons questioned if there should be something in the definitions in regard to the amount of gravel that would be involved under surplus material before it requires . a gravel removal operation. It was noted that with a building permit they could request that they estimate the amount of material to be removed. To be discussed further. 8. Board met with Rusty Evans and Engineer Ralph Maloon to discuss a proposed preliminary subdivision off Pratt Street. Engineer Maloon noted that they are four feet short on the side yard of the existing house to the roadway and requested a waiver from the Planning Board on the width of the roadway in that section. Clerk Lesuer noted that theycould go to the Board of Appeals and request a variance. It was noted that they had applied for a variance and had been refused from the Board of Appeals. Engineer Maloon noted that this could be done as an easement if the Board allowed it. It was noted that the Planning Board has not yet received a copy of the decision from the Board of Appeals. Engineer Maloon noted that the concern of the residents in the area at the Board of Appeals hearing was the drainage of the water and that they are proposing taking the water back out to Pratt Street through a new drain pipe in Pratt Street, which they will install, and connect to the brook on the down stream side of this area. He noted that there is a brook along the property line of Clyde H. Phillips and they will meet the stream there. i Planner Tighe noted that the immediate problem is the 4 ft. sideline on the existing property and felt that they should not give a decision on this until they receive the opinion from the Board of Appeals. It was noted that the plan has not been duly filed with the Town Clerk. Minutes October 12, 1977 Page 4 Board met with Mrs. Margot Jellinek to discuss W.R.C. Properties, Inc. (Planner Hartmann left the meeting and did not participate in any discussion.) The Planning Board read their letter dated October 6, 1977 to Mr. Paul Dalton of Cabot, Cabot and Forbes. It was noted that the last paragraph noted that the Planning Board will petition for the acceptance of the streets if the roadway is completed. Planner Tighe questioned if the Board had voted to petition for this acceptance. It was noted that they had voted to advise Cabot, Cabot and Forbes that they were in agreement with their proposal to finish the roadway so that it could be accepted at the 1978 Annual Town Meeting. Mr. Jellinek noted that there is no response from Mr. Dalton and that the Board has no idea who W.R.C.Properties Inc.is. Mrs. Jellinek noted that Cabot, Cabot and Forbes is not paying their electric light bill and if the streets are accepted the Town will never get their money for this. Mrs. Jellinek felt that it was not for the good of the town to accept these streets. She felt that the Town should know who W.R.C. Properties is. Planning Director Maurer noted that if it is the Board's intention not to recommend the acceptance of the streets then he felt they should advise them so that they don't go through with the expense of paving at this time. Planning Director Maurer noted that he has talked with Chris C1ancey asPaul Dalton is on vacation this week and the letter will be responded to. Planner Mahana noted that he would be in favor of accepting the streetsif all the Planning Board's questions are answered. Planner Tighe noted that he would be in favor if they are willing to let them hold the bond, if the utility cuts are done properly and if the questions are answered. Planning Director Maurer to check into the light bill and see if they have been paid for the street lighting only. It was noted that a Public Hearing has to be held prior to the acceptance of the streets, jointly with the Board of Selectmen, and if the light bill is not paid then the Planning Board could recommend against the acceptance at that time. 10. Board discussed the livable cities application. It was noted that the revised application has a cutback in supplies as the original proposal would be using the entire Planning Board budget. Planner Tighe questioned if the Planning Director could justify the time, 45%, on this project. Planning Director Maurer noted that the last major project was on the sewer and this is an on-going project. He noted that last year there was alot of time devoted to the Downtown Development Committee and noted that if the Town has to go onwith this that he will have to do this work regardless of whether they get a grant or not. He noted that the Town does not have to commit monies over what the Town meeting has already appropriated for salaries. Planner Mahana noted that he would not be in favor of this if it is going to cut into the Planning Board work, such as the business zoning and the earth removal project. Planner Tighe questioned how the Planning Director wasgoing to justify 45% of his time after the project is completed. Planning Director Maurer noted that there would be other on-going projects. Minutes October 12, 1977 Page 5 p` Motion: To submit the revised application to the National Endowment for the Arts Livable Cities Program. (Lesuer-Hartmann, Tighe, ;in`favor, Mahana opposed) VOTED Planner Mahana felt that they were discussing alot of time on the part of the Planning Director. Planner Tighe noted that this was his original objection and if the Planning Director feels that he can give 45% of his time on this then he will have to go on his word. 11. Board discussedc'the covenant for Jennie Lane within the Karl Clemmey subdivision off West Street. Planning Director Maurer noted that the plan was approved subject to a covenant which is cross-reference on the plan. He noted that there is a deed for lots 2 and 4 for Carole Clemmey and lot 3 for Karl Clemmey, Jr. and that the lots cannot be sold off when it is under covenant. He noted that Town Counsel has advised that Mr. Clemmey should be requested to post securities immediately so that the lots can be released or the plan will be rescinded. Planning Director Maurer recommended that this be confirmed with Town Counsel. Motion: To get a formal written opinion from the Town Counsel, through the Town Manager, and when the Planning Director has received that written recommendation that he prepare a iettertb Mr. Clemmey based on Town Counsel's opinion. (Tighe-Lesuer, all in favor) VOTED It was noted that the bond estimate would have to be prepared and receive Planning Board approval. If Town Counsels' response is received then the Board will advise Mr. Clemmey that they are preparing such a bond estimate and the action that will be taken. 12. It was the consensus of the Board to review the site plan for Codex at the next meeting. 13. Board reviewed the Conservation Commissions letter regarding the tree on Willow Street. It was noted that the Planning Board does not have a request from Mr. Lestan to remove the limb. It was noted that prior to granting permission to remove such a limb that a Public Hearing is required. Motion: To advise Mr. Lestan that the Conservation Commission has called this matter to their attention and it is under the Planning Board's jurisdication. Therefore, the Conservation Commission was incorrect in giving him permission and he is not to take any action in removing this limb until further notice and suggest that he look into other alternatives for moving this dwelling as the removal of the limb will require a Public Hearing in accordance with the Scenic Roads Provisions. If he can find no other alternatives then he should file an request for a Public Hearin (Tighe-Lesuer, all in favor VOTED Minutes October 12, 1977 Page 6 14. Board reviewed the letter of Credit from the Mansfield Cooperative Bank for an extension of securities for SpruceAcres until October 20, 1978. Motion: To accept the letter of credit from the Mansfield Cooperative Bank in the amount of $5,950.12 for the work to be completed in Spruce Acres with an expiration date of October 20, 1978. (Tighe-Lesuer, all in favor) VOTED 15. Mrs. Jellinek quesioned who is the record owner on the application for Granada Park off Pratt Street. It was noted that the plan has not been offically submitted. 16. It was the consensus of the Board to hold the next Planning Board meeting on October 19, 1977 at 7:30 P.M. 17. Planner Hartmann noted that the Dump Committee meets October 13, 1977 and questioned if the Board had any suggestions. Planner Mahana suggested that they try to stay as close to the Master Plan as possible. 18. Planning Director Maurer advised that Town Counsel has noted that the court case for the Ceccarelli's is going to be held on the 18th however, there is no need for members of the Planning Board to be there. 19. Planning Director Maurer noted that there would be a meeting at the Town Hall on Thursday, October 13, 1977 with SRPEDD for AQUA. Clerk Lesuer noted that he did not attend the last SRPEDD meeting because of his Planning Board meeting. 20. Chairman Parsons noted that they will have to appoint a new member to the Downtown Advisory Committee. Planning Director Maurer to get a list of applicants for this Committee. It was noted that the Committee would like to make a recommendation on this appointment and that there will be a meeting on October 24, 1977. 21. Chairman Parsons noted that the advertising account is overdrawn and the telephoneaccount is running low and that the machine maintenance account is overdrawn. He suggested they consider requesting a transfer. 22. Meeting adjourned 16at1110:00 P.M. C1 k date