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