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HomeMy WebLinkAboutPlanning 12/02/1976MANSFIELD PLANNING BOARD AGENDA December 1, 1976 1. Call to order (7:30 P.M.) 2. Clerk's Report a) Correspondence b) Minutes of November 17, 1976 3. Warrant 4. Visitors Agenda 8:00 P.M. - Robert Chavaree - Securities for Riverside Park 5. Old Business a)- Status of Plans F 1) Rumford River Estates - Preliminary Sub- So. Main St. - 12/19/76 b) Security :Release - Peter's Park c) Lot Release - Riverside Park d) Workshop 1) Comprehensive Planning Program* 2) Business Zoning 3) Earth Removal 4) Home Occupation 5) Powers of Board of Appeals 6) Securities for Subdivisions 6) New Business a) Public Discussion b) Date of next meeting c) Around the Table 7) Adjournment *Please bring Comprehensive Planning Program to meeting for discussion on Development Policy Section Board of Selectmen has scheduled the meeting with Board Chairmen on Wednesday, December 1, 1976 at 8:00 P.M. MANSFIELD PLANNING BOARD MINUTES December 1, 1976 Present: Clerk Tighe Planners: Hartmann, Plourde, Mulcahy Planning Director Maurer 1. Motion: To appoint Clerk Tighe acting Chairman. (Mulcahy -Plourde, all in favor) VOTED 2. Motion: To appoint Planner Mulcahy acting Clerk. (Tighe -Plourde, all in favor) VOTED 3. Motion: To accept the Minutes of November 17, 1976 as presented. (Hartmann -Plourde, all in favor) VOTED 4. Board reviewed the preliminary subdivision plan for Rumford River Estates along with a Memorandum prepared by the Planning Director. Planning Director Maurer recommended tentative disapproval of the preliminary subdivisionplan for the Rumford River Estates for the following reasons: a) Adequate provision has not been made for the connection to adjoining property. b) It is difficult to determine the full design of all of the property since only a portion of the total development is shown. c) The plan does not conform to the Zoning By-law as a permit for earth removal has not been granted. ,It was noted that no formal comments have been received from the various boards and department heads and that they have until December 6, 1976 to return their comments to the Board. It was noted that Mr. Gray has come in and talked to the Board of Appeals but has not applied for an earth removal permit,' >. It was noted that the proposal for the cutting in the road is to drain the backland to the Rumford River. Planning Director Maurernotedthat there are streams in the back area that could possibly drain the property and that the cut is not to drain the area of the subdivision but the area behind the subdivision. It was noted that from an engineering standpoint that he does not have to put the pipes in that low to make the drainage work and therefore it would constitute an earth removal operation. Planner Hartmann questioned how far it is from Oak Street to the back property of the subdivision since there is a possibility of looping the water system from South Main Street to Oak Street. It was noted that it is approximately 3,000 feet from the back portion of the subdivision to Oak Street and that this work would be done by the Town or make an arrangement with Mr. Gray as has been done with other developers. -2 - Minutes December 1, 1976 It was the consensus of the Board not to take action on this plan until the comments are received from the various boards and department heads. 5. Planning Director Maurer noted that the applicant for Peter's Park is going to be requesting the release of securities and that he went over the work that has to be completed with the applicant and they have decided to complete more work prior to requesting the release. 6. Planning Director Maurer noted that the applicant for Riverside Park is planning to bring in securities and release forms for the Riverside Park subdivision when he meets with the Board this evening. Planning Director Maurer noted that the<appli¢ant:was going to put the binder coat on after the installation of the lift station prior to requesting the release of the lots. Now, he will be bringing in a request for the release of lots 1, 2, 3, 4, 5, 6, 15, 16, 17, and 18 on Riverside Drive. It was noted that they took the amount of the work which remains to be completed in accordance with the estimate prepared on August 6, 1976 for Riverside Drive, plus the value of the llift station, since all of the parts of the lift station have not been received as of yet. It was noted that this would amount to a total of $37,743.00, including contingency. 7. Letters were read from the following: Notice from Board of Selectmen regarding bi-monthly meeting. Cooperative Extension Service ECOGRAM, November, 1976 Prentice Hall, Inc. regarding Manual of Housing/Planning and Design Criteria Conservation Commission to Robert Chavaree regarding Cabot Pond Restoration Conservation Commission to Department of Environmental Quality Engineering regarding Cabot Pond Restoration Lawrence A. Jannello to Conservation Commission regarding Cabot Pond Restoration Norfolk BayBank to Town of Mansfield regarding Irrevocable Letter of Credit No. 01240 for Douglas A. King Builders. Senator Robert McCarthy to All Town Officials regarding 1977 Legislative Session. Board of Appeals notice''of public hearing on the application of Albert E. Upham Board of Appeals notice of public hearing on the application of Paul E. Jodice Board of Appeals notice of public hearing on the application of Patricia Robbins Board of Appeals decision on the application of Boro Sand & Stone - Granted Board of Appeals decision on the applicationof Janice Barrows - granted -3 - Minutes December 1, 1976 Board of Appeals decision on the application of Ida Dorothy - Granted Board of Appeals decision on the application of Town of Mansfield - Granted Planning Board to Democratic Town Committee regarding Meeting Nights of Boards and Committees Planning Board to Board of Appeals regarding application of Douglas A. King Planning Board to Home Developers, Inc. regarding Secuirites for Lawndale Road Planning Board to Building Inspector regarding Magna Vista II Lot Release Memorandum from Planning Director to Planning Board regarding Rumford River Estates Memorandum from Planning Director to Planning Board regarding Status of Approved Subdivision plans - November, 1976 8. Board met with Robert Chavaree to discuss the securities for Riverside Park. Mr. Chavaree presented a letter from the Attleborough Savings Bank stating that they are holding funds in the amount of $37,743.00 to guarantee completion of Riverside Drive from Station 0 + 0 to Station 6 + 40 plus' the sewer lift station. Motion: To accept the securities deposited in Mortgage Account #4-50191-01 with the Attleborough Savings Bank in the amount of $37,743.00 to guarantee the completion of Riverside Drive from Station 0 + 0 to Station 6 + 40, plus the sewer lift station. (Mulcahy -Plourde, all in favor) VOTED Motion: To release lots 1, 2, 3, 4, 5, 6, 15, 16, 17, and 18 as shown on a plan entitled Riverside Park a subdivision in Mansfield, Mass. and recorded with Bristol County Northern Registry of Deeds in Plan Book 147 pages 70 & 71. (Mulcahy -Plourde, all in favor) VOTED 9. Board discussed the workshop section of the agenda. Motion: That since there are three members absent that the workshop be postponed until there is a more complete grouping of the Planning Board held. (Plourde -Hartmann, all in favor) VOTED Planning Director Maurer noted that if they get into the workshop session next week that they will have to spend some time on the Comprehensive Planning Program report and spend some time on articles for changing zoning. Another item that the Planning Director noted he listed was the authority of the Board of Appeals. He noted that there also needed to be consideration of a more definitive definition of Home occupation and that the zoning amendments have to be prepared well in advance of Town Meeting. 10. Board reviewed the zoning Board of Appeals application of Albert E. Upham for a variance to erett a 2 bay garage at 167 School Street to be used for automobile repairs. �4- Minutes December 1, 1976 Motion: To recommend to the Board of Appeals that the variance for Albert Upham not be granted. (Mulcahy -Hartmann, all in favor) VOTED Planner Plourde questione4 how a hardship is, determinedIt was noted that the hardship has to be on the land. Planning Director Maurer notedthat this is one of the problems with Home Occupation and also with the authority of the Board of Appeals. 11. Board reviewed the Board of Appeals application of Paul Jodice for a variance to erect a single family dwelling on a parcel of land located at 13 Robin Hill Road with an area of 12,546 sq. ft., which would be non -conforming in a Residence "A" Zone, and a frontage of only 50 feet. It was noted that was no reason givenfor requesting the variance. Motion: To recommend that the variance for Paul Jodice not be granted. (Plourde -Hartmann, Tighe in favor, Mulcahy present but not voting) VOTED 12. Board reviewed the Board of Appeals application of Patricia Robbins for a variance to erect a single family dwelling on a parcel of land located at 107 Bird Road with a frontage of 115 feet which is non -conforming in an Agricultural Zone. It was noted that there had been a dwelling which was destroyed by fire and they now want to increase the dwelling size when rebuilding. It was noted that there is 2.7 acres to the lot but only 115 feet frontage. Motion: To recommend to the Board of Appeals that the variance for Patricia Robbins be granted. (Mulcahy -Plourde, all in favor) VOTED 13. Board reviewed the letter to the Mansfield Conservation Commission from Mr. Janello regarding the restoration of Cabot Pond. Acting Chairman Tighe noted misstatements of facts as it noted that the Planning :Board has granted an earth removal permit. Mr. Boyden, Chairman of the Conservation Commission, came before the Board and requested them to reply to the letter if they so desired, even though the letter was addressed to the Conservation Commission. Acting Clerk Mulcahy noted that the latter stated that the Planning Board has not acted in the best interest of the community and felt that this should be replied to. Planning Director Maurer noted that Mr. Janello did not attend the hearing and has bases his information on a plan given to him by Mr. Chavaree and the statements in the newspaper that said the Planning Board granted approval. He noted that he could be construing it as the building inspector granted approval with restrictions or it could be cause the Planning Director sent a letter of endorsement because he was unable to attend the hearing. Acting Clerk Mulcahy noted that the Planning Board did give extensive discussion at their ladt meeting as to what was landscaping and what was earth removal. Acting Chairman Tighe noted that they talked about gravel removal in general and noted that any one could remove gravel by saying it is just landscaping. Motion: To advise Mr. Jannello thatthe Planning Board does not have the authority to grant permission for gravel removal and also not the two possible areas of confussion. Send copy to Conservation Commission. (Mulcahy -Plourde, all in fav®r) VOTED -5 - Minutes December 1, 1976 14. Mrs. Jellinek came before the Board and noted that Mr. Chavaree, in her opinion, would not be able to get the gravel out as the state does not recognize this as a pond restoration, but as a gravel removal operation. She noted that he would have to go through the methods of a gravel removal operation to obtain his permits. She noted that Cabot Pond sits on a major acquifier. It was noted that the depression was to the rear of the property and had nothing to do with the lots that had been released. 15. It was the consensus of the Board to hold the next Planning Board meeting on Wednesday, December 8, 1976 at 7:30 P.M. 16. Paul Boyden, Chairman of the Conservation Commission, questioned if the Board had made a decision on the Rumford River Estates. It was noted that the decision will be made at the December 8, 1976 meeting since the various Boards and committees have until December 6, 1976 to respond to the plan. 17. Acting Clerk Mulcahy noted that the Town is going to have to be looking for land for dump. It was noted that there is additional land next to the present dump site. However, with the proximity to the river it might not be the proper place for the dump; so they thought they would start looking for another site. It was noted that the only sizeable town owned land that is available is the Stearn's Hill land. 18. Board discussed the status of realty trusts. Planning Director Maurer noted that he submitted a list of realty trusts that are associated with subdivisions in Mansfield and that the Town Clerk was given the list to check off who was filed with him. However, this was not received back. Acting Chairman Tighe questioned if it was only the ones who have their place of business in Mansfield or all realty trusts. To be checked with Town Counsel 19. Planning Director Maurer noted that on December 22, 1976 there will be a joint meeting of Planning Board, Board of Selectmen and Downtown Developmetn Committee. The Downtown Development Committee will be meeting Friday morning to review the preliminary report. 20. Meeting, adjournedat X9:05 P.M. �r L.1e�k