HomeMy WebLinkAboutPlanning 03/13/1974MANSFIELD PLANNING BOARD
AGENDA
March 13, 1974
1. Calll.to Order (7:00 P.M.)
2. Margot Jellinek
3. 7:10 P.M. - Workshop meeting to discuss recommendations on zoning
amendments.*
4. Adjournment
Note: At 8:30 -P.M. the Board of Selectmen will hold the required hearing
on street acceptance for Wayside Drive, Black Pond Road, Old Farm Road,
Pine Needle Lane and Waldor Drive. It would be advisable to have
representation of the Board at the hearing.
'Bring all copies of CLUSTER DEVELOPMENT in Massachusetts to the meeting. There are
several Board 'members who have not had the opportunity. to read this report.
MANSFIELD PLANNING BOARD
MINUTES
March 13, 1974
Present: Chairman Zaffini, Clerk Grant
Planners: Wellington, Latham, MacFarlane, Dunn, Parsons
Planning Director Maurer
1. Water"BodySetback tandsWefdand, Protect:i:onc
It was the consensus of the Board to amend paragraph 1-d as follows:
If a river, stream, brook, lake or pond is to be esthetically or
architecturally incorporated into or abort the primary use building, and
the building is proposed to be located closer to the water body than
required in paragraph 1-9, b, and c above, an application shall be made
to the Boar& of Appeals for a special permit. Said application shall
include a copy of detailed plans delineating the manner in which the
building will relate to the water body. The Board of Appeals may grant
the special permit if it determines that the proposed use is not incon-
sistent with the purpose and intent of this By -Law.
It was the consensus of the Board to amend paragraph 2-a as follows:
A primary use building shall not be erected in Residence A, Residence B,
Residence C, Residence AA and Agriculture Zones on a lot which contains
a permanent body of water; or swamp and wetland, specifically referred to
as Soil Association 2 (Muck, Whitman, Scarboro, Ridgebury) as shown on
the Soil Association Map dated 1971 and on file with the Planning Board
and the Town Clerk unless said lot conforms to the following'.minimum lot
sizes and contains the minimum buildable area which would be exclusive of
a permanent body of water and said Soil Association 2.
2. Cluster Development
The Planning Board made the following changes in the 'Cluster Provision:
To add to paragraph I:
b The%only permitted use for individual lots shall be for single family
dwellings.
c. The dimensional requirements for yard dimensions, height, and lot
coverage are in conformance with Section IV -B.
h. Statement on the disposition and use of proposed open space.
To amend paragraph 2-d as follows:
The number of lots does not exceed the number of buildable lots which
could be developed in a conventional subdivision. In order to make this
r determination the applicant shall submit a plan delineating the layout of
the property under conventional zoning. The information contained on the
conventional plan would be in accordance with the requirements for a
preliminary subdivision plan in conformance with the Mansfield Subdivision
Control Regulations.
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March 13, 1974
The number of buildable lots for a conventional development would be determined
in accordance with Section V-1 of this By -Law.
g. The open space is suitable as to location, size, shape and condition and
equal to at least thirty (30) percent of the total land area shown upon
the subdivision plan. For the purpose of this provision open space shall
be all land area within the Cluster Development not utilized for indivfdual
lots for the single family dwelling units or for the required right-of-way
approved under the Mansfield Subdivision Control Regulations.
h. A minimum of three (3) acres plus one (1) acre of such open space per
twenty-five (25) dwe4j,ng�units shall be of land suitable for active
outdoor recreation, IneltiAn ballfields, playground, swimming pools,
and tennis courts. The plan shall clearly ,%%dp c�rately delineate the
location of the recreation land, the location of proposed recreation
facilities, to be developed as part of the Cluster Development, and
sufficient documentation to demonstrate that the soil conditions are
adequate for construction of proposed recreational facilities. All land
area designated for recreational use shall have frontage of at least
fifty (50) feet on either an existing right-of-way or a right-of-way
approved as part of the subdivision.
The area to be designated for conservation purposes shall be clearly and
accurately delineated on the plan including a statement that the land be
utilized for conservation purposes only in accordance with the Chapter 184,
Sections 23 through 33, of the Massachusetts General Laws. All land area
designated for conservation purposes shall have frontage of at least fifty
(50) feet on either an existing right-of-way or a right-of-way approved as
part of the subdivision exclusive of the one approved for recreational
purposes.
To amend number 5 as follows:
5. All required improvements for street construction, recreational and
conservation facilities shall be either constructed in their entirety,
or sufficient securities shall be posted with the Town of Mansfield in an
amount equal tothe cost of construction. The securities shall be handled
in accordance with Chapter 41 of the Massachusetts General Laws.
6. All land within the Cluster Development not included as building lots,
streets or easements shall be open land for conservation and recreation
purposes only. The open land would be disposed of in the following manner:
a. All land shown on the Cluster Development plan to be recreation or
conservation purposes would be dedicated to the Town of Mansfield for
open space uses only. These provisions would be noted on the approved
definitive subdivision plan., Br
b. If the owner proposes to have the open ppace remain in common ownership
as a deed restriction for the individual owners of property within a Cluster
Development, then the applicant would be required to construct the
recreational facilities as part of the development plan. This construction
of swimming pools, tennis courts and other recreational
facilities noted on the definitive subdivision plan. The posting of
securities guaranteeing construction of these facilities would be in
accordance with Chapter 41 of the Massachusetts General Laws and
Paragraph V of this Section.
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March 13, 1974
In consideration of approval by the Planning Board of said Cluster
Development, the owner would agree to construct all recreational
facilities as noted on the definitive subdivision plan and would also
agree to file a covenant to be recorded thereto at the Town Clerk's
office and the Registry of Deeds, which provides that he, his heirs,
successors and assigns does agree that said open space land area shall
remain open space to be utilized for conservation and recreation purposes
only by the indiv1dual owners of the lots within the said Cluster
Development; and does further agree that each deed granted to purchasers
of lots within said Cluster Development shall by deed restriction so provide
and shall be in such form and contain such facts and provisions that under
existing last, the said restriction shall not terminate by operation of law.
The deed restriction shall state in detail the specific rights 1,n common
of the individual owners of said open space, and shall also clearly state
the obligations, financial or otherwise, that individual owners have with
respect to said open space. The terms and the conditions of the deed
restriction shall be approved by the Mansfield Planning Board.
3. Site Plan Approval
No amendments were proposed.
4. Parkinq and Loading
To amend paragraph g, as follows:
g.: For -every building hereafter erected and uses established in an existing
building where1 oading and unloading spaces are required by the specific
use of the bilding or property all such places shall be off-street. The
maneuvering area relating to a loading space shall not infringe upon
existing public rights-of-way add all such maneuvering areas ,shall be off-
street.
5. Enforcement
Delete paragraph 2-d in ints entirety and renumber other paragraphs accordingly
and to re -write paragraph g, as follows:
g. Any person, aggrieved by reason of his
inability to obtain a permit, or by any order or decision of the
Building Inspector or other administrative official, shall file his
w'ri'tten appeal to the Board of Appeals with the Town Clerk not later
than thirty (30) days after the order or decision causing the aggrievance
or the refusal to issue such permit.
6. Rezoning of Land from an Industrial to an A riculture Zone
No changes in the proposal were recommended.
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March 13, 1974
' 7. Mrs. Margot Jellinek met with the Board and
for Circle C Estates, and noted that it was
February 20, 1974 and that<s'it was not filed
1974. Planning Director Maurer noted that
filed with the Registry of, Deeds on March 4
8. Meeting adjourned at 8:30 P.M.
I
Clerk
discussed the amended covenant
signed by the Planning Board on
with the Town Clerk until March 6,
the amendment to covenant had been
, 1974 as document No. 2263.