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HomeMy WebLinkAboutPlanning 09/18/1972MANSFIELD PLANNING BOARD AGENDA September 18, 1972 1. Call to order (7:30 P.M.) 2. Clerks Report a. Minutes of September 7, 1972 b. Minutes of September 11, 1972 c. Correspondence 3. Warrant 4. Worksh(Op Meeting - Continued review of the Zoning By -Law 5. Adjournment M NSFIELD PLANNING BOARD MINUTES September 18, 1972 The Mansfield Planning Board met at the Town Office Building on Monday, September 18, 1972 at 7:30 P.M. Present: Chairman Mendes, Clerk Grant p Planners: Latham, MacFarlane, Wellington Town Planner Maurer 1. Letters were read from the following: Board of Selectmen & Police Commissioners from Mrs. Margot Jellinek regarding resignation of Mr. Paul F. Boyden from the Conservation Commission. Board of Selectmen & Police Commissioners from Mrs. Margot Jellinek regarding Fulton Pond Gravel Removal Mr. Wayne Torkington from Mrs. Carol Thomas regarding Mansfield contract. Mr. Antonino Caponigro from Mansfield Planning Board regarding Old Colony Way James T. Grady from Town Planner Maurer regarding covenant for Oakleaf Estates Zoning Board of Appeals to Planning Board regarding Application of Mrs. Anna M. Beatty Zoning Board of Appeals to Planning Board regarding Application of Brookside Estates Zoning Board of Appeals to Planning Board regarding Application of Mansfield Housing Authority Zoning Board of Appeals to Planning Board regarding Application of Mansfield Housing Authority Resources For the Future, Inc. to Planning Board announcing a new RFF publication: Energy, Economic Grouwth, and the Environment Resources For the Future, Inc. to Planning Board announcing a new RFF publication: Water Resources Management In Northern Mexico 2. Motion: To approve the Minutes of September 7, 1972 (Wellington - Latham, all in favor) VOTED 3. Motion: To approve the Minutes of September 11, 1972 with the following amendments:s Item 11 - delete the two sentences refering to the parking in the medium strip. Item 14 - change the word amen,1to rescind Item 19 - word dam mispelled (Wellington - Latham, all in favor) VOTED 4. Motion: To approve the warrant in the amount of $63.60 of September 19, 1972. (Wellington - Latham, all in favor) VOTED - 2 - Minutes September lb, 1972 5, The Board discussed the revised draft of the Gravel Removal By -Law and made the following corrections: The By -Law should be entitled Earth Removal and changed in all appropriate places. Item 1-b-2) - delete the following: "taken to the depth of proposed excavation.I Item 2-4 a - delete the following: "public way or other." Item 2 c - To read as follows: ':'The active earth removal operation shall not exceed a total area of five (5) acres at any one time. Each five (5) acre section shall be restored in conformance with Section H -3 prior to begining operation on the next five (5) acre portion and a Building Permit has been issued by the Building Inspector'."[ Item 2 - m - add the following sentence: "Natural vegetation shall be left and maintained on the un- disturbed land:' Item 3 - a - change the word "or" to "to" Item 3 - c - To read as follows: "Within thirty (30) days following excavation final grading shall be established as shown on the approved topographical plan." Item Is - to read as follows: "Special Permits for earth removal may be issued for an initial one (1) year period. One renewal permit may be issued with- out a new hearing, for a one (1) year period, based upon satisfactory performance of the provisions of the original permit, A performance bond in the amount of $3,000 shall be required for each acre on which the permit has been granted. This shall be released only after the land has been restored as outlined under Section H - 3." The Board agreed to request an opinion from Town Counsel concerning the method of bonding, how the bond would be released and what the Town would do if the applicant defaulted, Because other items within the Zoning By -Law related to bonding the Board would like to know if bonding procedure could be established as a special regulation. Item 5 - b - to read as follows: "Following approval of the special permit by the Board of Appeals, the applicant shall obtain a Building Permit from the Building Inspector." 6. The Board discussed the cluster development provisions of the Draft prepared by Universal Engineering and made appropriate corrections. A copy of the revised draft is attached. The Board would like an opinion from Town Counsel Grady con- -3 - Minutes September lb, 1972 cerning the disposition of open space. 7. Board discussed Section 'V - C of the Zoning By -Law draft and decided to delete the following: "However, the restricted land area may be included as part of the minimum lot area if it does not exceed fifty (50) percent of the total land area" and substituted in place thereof "Restricted land area may not be included as part of the minimum lot area." 6. Planner Wellington requested that prior to formal hearings, the Planning Board advise the Board of Appeals, Building Inspector, and Board of Selectmen of the proposed changes. 9. Planner Zaffini noted That the existing Zoning By�Law provided for a 100 foot buffer around mobile home parks and that the proposed draft only provides for a 50 foot buffer. 10. Planners Mendes and Macfarlane questioned the procedure for removal of dead animals from existing public ways. 11. Chairman Mendes asked the Town Planner to find out why Bungay Road was not oiled and sanded for the entire length. 12. The Meeting of the Massachusetts Federation of Planning Boards on October 14, 1972 will be discussed next week. 13. Town Planner Maurer asked the Boards opinion on placing the sidewalk next to the curbing on Old Colony Way. The subdivision regulations currently requires a three foot grass strip. The opinion of the Board was to eliminate the three foot grass strip in favor of a wider sidewalk. 14. Town Planner Maurer advised the Board that the Town Manager had asked him on Monday afternoon to see if the Planning Board would participate in a maintenances contract on the A.B. Dick copier. The sharing will be between Town Managers Office, Planning Board, and Board of Appeals. The Board felt that they would be willing to pay for a portion of the maintenance agreement. 15. Town Planner Maurer advised the Board that Joseph La Plante wanted to amend a property line on the Spruce Acres Subdivision. The Board agreed to approve amendment provided that the plan was noted as an amendment and the Board signed the amended plan. 16. Chairman Mendes asked the Board to give an opinion of the proposed Charter, in general and as it related to the Planning Board. Members of the Board expressed their concern over the appointment of the Town Planner by the Town Manager. The Board felt that the Charter does not represent the Board's intent in establishing the position of Town Planner. Principal concern was that the Town Manager would have control over the disposition of the Town Planners time. 17. The Board agreed to meet with Cabbt, Cabot and Forbes at their office on Thursday, September 26, 1972 at 7:00 P.M, to discuss water planning. la. Meeting adjourned at 11:05 P.M. narA I. Cluster 1. Any person who submits to the Planning Board, for approval under the Subdivision Control Law, a plan of land containing twenty (20) acres or more in a R-30 District may, in accordance with the provisions of this Section make application to the Board of Appeals for a special permit excepting the building lots for single family dwellings shown on such plan in said District from the lot area and frontage require- ments specified in Section VII but not any other requirements of the Zoning By -Law. Prior to the granting of a permit a duly submitted application for said special permit shall be submitted and be comprised of the following: a. Properly completed application form which shall include the following: 1) Location of proposed development 2) Site size in acres 3) Number and acreage of proposed building lots 4) Acerage and proposed use of permanent open space, i.e, recreation type 5) Statement on disposition of proposed open space as outlined in Section I - 4. b. A survey and engineering plan properly drawn at a horizontal scale of I" - 4o' on -:tracing cloth by a Registered Professional Civil Engineer and Registered Professional Land Surveyor and shall include the following: 1) Location of proposed streets 2) Which lots are to be used as building lots and which are to remain open land. 3) Each building lot shall show two site lines parallel to the street between which the entire dwelling, including attached garage, if any, must lie. 4) A site plan shall be submitted indicating the number of lots the applicant could develop under conventional zoning. In no Instance shall the number of lots established under this provision exceed the number in a conventional subdivision. 2. After notice and hearing in accordance with law, the Board of Appeals shall grant such a permit if it determines that: a. The area of the tract shown on the plan is at least twenty (20) acres in a R-30 District. b. The building lots shown thereon comply with the requirements of paragraph three (3) of this Section as to minimum and average area and as to front- age. c. The plan promotes the more efficient use of the land in harmony with its natural features and with the general intent of the Zoning By -Law. d. The number of such lots does not exceed the number of lots which could be built upon in the tract shown on such plans without a special permit hereunder, - 2 - Cluster cont. e. Where no community sewer system exists, each such lot shall be certified by the Board of Health Agent as being suitable for the construction of a F septic disposal system. f. Each lot shall be completely buildable and in no instance shall any portion of the minimum lot area contain seasonal high surface water from an adjacent river, pond, swamp or other permanent body of water g. The open space is suitable as to location, size, shape and condition and equal to at least thirty (30) percent of the gross area shown upon the Subdivision Plan and that a minimum of three (3) acres plus one (1) acre of such open space per twenty-five (25) dwelling units shall be of land y suitable for active outdoor recreation, including balifields, playground, swimming pool, and tennis courts. h. The plan has been submitted for recommendation to the Planning Board. Failure of the Planning Board to submit a recommendation prior to the hearing as herein provided shall be construedto mean favorable recom- mendation. 3. The building lots shown on any plan for which a special permit is granted under this Section shall meet the following requirements: a. The size of each such lot lying in the R-30 District shall be determined on the basis of an average lot size of twenty thousand (20,000) square feet. The minimum lot size shall be eighteen thousand (15,000) square (, feet. In no instance shall more than forty (40) percent of the lots t within a cluster development be less than twenty thousand (20,000) square feet_- For each Int Pctahlished cohtainina less than the required minimum average, there shall .be one lot containing more landareathan the required minimum. b. Each lot lying to the R-30 District shall have a minimum width 4 of at least one hundred (100)feet, such width to be measured in a line which is the shortest distance between those segments of the side lines of the lot which lie between the two site lines specified in Section I -I- b-3) and a minimum frontage at the street of eighty (80) feet, 4. All land shown on a plan for which a special permit is granted under this Section which is not included in building lots, streets, or easements shall be Open Land. Provision shall be made by agreement, duly executed ln'form suitable for recording by the owner or owners of such Open Land, that in the event that a special permit is granted under this Section, such Open Land shall be: a. Owned by the Town alone,or jointly, or in common by the owners of the building lots shown on said plan in a manner in which the ownership of the Open Land runs with the title to the lots and is not separately alienable, or by an association of which the owners of the building lots (or groups of such lots) must be members by deed restriction; and b. Subject to restrictions unlimited as to time that such Open Land shall be used only for conservancy in its natural state, grazing and agriculture, walking, horsebackriding and/or bicycle riding, playing fields and courts, swimming pools and other recreational facilities and structures for use of lot owners of the building lots, or any combination of the foregoing. The restrictive agreement shall be in such form and contain such facts and provisions that, so far as possible under then existing law, the restrictions will not terminate by operation of law. -3- Cluster cont. The manner of ownership of such Open Land (or of various parcels thereof) shall be determined by the applicant, and shall be approved by the Board of Appeals. The above provisions for ownership and restrictions shall be developed by the applicant after consultation with the Planning Board. Such restrictions shall be for the benefit of and enforceable by the Town, and, if the applicant so requests, shall also be enforceable by the applicant and/or by the owners of the building lots shown on such plan. The applicant may specify subject to the approval of the Board of Appeals that such restrictions be established for the benefit of the Town by a trust enforceable by the Selectmen. The instructions provided for above shall include an agreement that the open space not owned by the Town shall be maintained in accordance with standards established by the Conservation Commission of Mansfield at the time of the passage of this by-law and filed with the Town Clerk and included in the restrictive agreement. The Conservation Commission shall notify the Building Inspector of failure to comply with these standards, and he shall enforce compliance in accord with the provisions of this by-law or institute proceedings for the Town to take the open space without compensation. 5. If all the requirements of this section are met, the Board of Appeals shall grant a permit. If in the opinion of the Board of Appeals, the granting of a permit would derogate from the intent and purpose of this section, this shalt be deemed good and sufficient reason for not granting a permit. 6. Upon application for a special permit under Section 5 above, the Board of Appeals shall refer all matters relevant thereto to the Planning Board, and shall take no final action upon such permit until the Planning Board has sub- mitted its report or has had thirty days (30) within which to submit such report. In said report, the Planning Board shall state whether the plans and documents submitted to it are in compliance with this by-law, and shall make such recommendations as it deems appropriate.