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HomeMy WebLinkAboutmin of planning brd 5/20/1998Czu i'jc FACE PLANNING BOARD 1\III1TJT{ES ' May 20, 1998 SS lUtl i 6 PI'112 1 Present: H. Thomas French, Jr., Chairman; John D. Sulliv"j',J[_:& � nie J. Dolan; Marydee Flynn, Scott A. Frank; and Kenneth H. Tormanj� ASS - � 't �' ��� Meeting called to order at 7:30 p.m. Minutes of May 6, 1998 Motion: To approve. (Torman- Sullivan) 6 -0 PASSES Release of Surety /Street Acceptances Motion: To release the balance of surety as follows: Cedar Ridge $ 5,462.00 Cottage Street Extension $ 510.00 Smith Road $61,000.00 Hodges Brook I and II Douglas Drive $26,738.14 Carlton Estates Justin Drive, Knight Way, North White Pine Lane $13,000.00 Balcom Ridge II and III Monahan Lane Extension $ 2,100.00 Tara Extension Robyn Lane $ 8,853.10 Robyn Estates Jean Road, Patty's Road, Elyse Road $47,050.27 Massapoag Estates (Sullivan - Dolan) 6 -0 PASSES Request for partial release of surety - Stearns Hill Phase V with memorandum from Dan Clifford recommending release of $68,249.38, leaving a balance of $226,400.63 which includes the 10% contingency. Motion: To release as recommended (Sullivan - Dolan) 6 -0 PASSES ZBA Application for Special Permit - Tropical Realty (O & D Tool), 150 Gilbert Street to expand a pre - existing, non - conforming use in an R -1 Zone Motion: To send a positive recommendation to the Zoning Board of Appeals with the notation that the handicapped parking space be shown on the plan to the south of the door with appropriate signage as agreed to during site plan review. (Torman - Sullivan) 5 -1 with Mrs. Flynn opposed. PASSES Minutes of May 20, 1998 • ZBA Application for Special Permit - Serena Nardone for the expansion of a business at 670 East Street in a B -3 zone, said special permit being required due to a non- conforming corner setback at East Street and Lawndale Road. Mr. Burke noted the non - conforming side line for the corner lot was discovered at the closing and suggested a positive recommendation be sent to the ZBA. Motion: To send a positive recommendation. (Torman- Flynn) 6 -0 PASSES • Woodland Park drainage modification - Ralph Maloon reviewed changes made for the drainage at Woodland Park toy meet new stortnwater management policies. A dry basin was changed to a wet basin and one basin was reconfigured into two located in the same area. No lots were added and no ways or utilities were relocated. The slope of one pipe was changed because engineering didn't like the velocity. Motion: To approve the requested changes as field modifications and to determine that such changes are not significant enough to require a public hearing- (Sullivan-Dolan) 6 -0 PASSES o Approval Not Required Plan - Scarpellini on Central/Fox Streets: Mr. Maloon brought the ANR Plan, which had previously been denied due to lack of clarity, back to the board for explanation and reconsideration. Following Mr. Maloon's explanation of the plan, it was determined that no new non - conformity was being created for the existing house. Motion: To sign the Form A. (Sullivan - Torman) 6 -0 PASSES o Dustin Well - request for surplus material removal permit: A request was received from Bob Morrison, Water Superintendent. A memorandum was also received from Lee Azinheira, Town Engineer, with a plan attached, showing the need to remove 7,100 cubic yards of material from a hillside immediately adjacent to the pump house. The purpose of the removal is to allow tractor trailers that are delivering liquid KOH to be able to safely turn around within the site, which is so close to the Canoe River, Motion: To grant the gravel removal permit for 7,100 cubic yards of gravel to create a turnaround for tractor trailer trucks, the work to be done in accordance with the May 20, 1998 memorandum from Mr. Morrison which indicates that once the driveway is completed, they will loam and seed to stabilize the slopes. (Sullivan - Torman) 6 -0 PASSES o Request to transfer previously stockpiled material from Plymouth Street to the Hutchinson property to be used for the proposed fields at Memorial Park Motion: To approve the request to transfer the materials temporarily stockpiled at Plymouth Street to be reused for the proposed construction of municipal fields at Memorial Park. (Sullivan - Torman) 5 -1 with Mrs. Flynn opposed • Memorandum from Shaun Burke regarding recently released SRPEDD study of the 2 Minutes of May 20, 1998 I- 495 /Route 140 intersection study recommending the full diamond interchange as the preferred option. Motion: To have Mr. Burke draft a letter to SRPEDD, with a copy to MassHighway, stating the Planning Board's objection to the proposal because it would take residential property. (Sullivan- Dolan) 6 -0 PASSES • Letter from Norton Board of Selectmen re: I -495 /Route 140 intersection • ZBA Decision - Stephen Valeri, corner of Sandy Hill Road and Elizabeth Road in an I -1 zone. Granted:, Planning Board recommendation: 4 -3 positive • Public Hearing Notice - Charter Commission • Notices of Decision - Foxboro ZBA • Public Hearing Notice - Foxboro ZBA • Public Hearing Notices - Attleboro Planning Board • Public Hearing Notice - Norton Planning Board • Public Hearing Notice - Sharon Board of Appeals • SRPEDD - Joint Transportation Planning Group Meeting • Center for Urban Policy Research books • Weston & Sampson Inspector newsletter • Planning magazine • Department of Housing & Community Development Community Response Line info • Mass. Alliance for Economic Development - Seminar announcement Frank Spillane, attorney for Eastern Container, advised the Planning Board that Eastern Container has concluded their hearing with the Zoning Board of Appeals and they have been granted a variance. He showed their revised plan, which indicated the following: 1. Floor area ratio was reduced by 7,000 square feet from the original request 2. Plantings were added along the back road, shown on C -4 3. Plantings were added on the easement 4. Oil /water separator and drainage added to the truck parking lot, shown on C -3 5. Two additional restrictions were imposed by the Zoning Board of Appeals a) no outside operation of vehicles with backup alarms between the hours of 10 p.m. and 6 a.m. b) no prolonged idling of diesels (longer than one hour) between the hours of 10 p.m. and 6 a.m. Correspondence received was read as follows: • Letter of March 25, 1998 from Bay Colony with revised site plan addressing department head comments • Letter from David T. Slater, Chief Counsel of MassDevelopment Finance Agency, dated March 30, 1998 3 Minutes of May 20, 1998 a Letter of April 7, 1998 to David Slatery in response to his letter • MIFA bond request • Letter dated April 6, 1998 from Timothy D. Higgins, Foxborough Town Planner Memorandum from Lee M. Azinheira, Town Engineer, dated April 13, 1998 o Memorandum dated April 2, 1998 from Frank Spillane stating purpose of the Zoning By -law • Letter dated April 16, 1998 from Frank Spillane • Letter dated April 22, 1998 from Frank Spillane, requesting continuation of the public hearing - Mr. Spillane explained he would like to continue the public hearing until the next available date to get a signed decision from the ZBA and to meet with the closest abutter to try to work with the individuals to address their concerns • Letter dated May 20, 1998 from Ralph Penney of 336 Maple Street Jeff Muir of 3 Summer Street stated they don't agree as to what the ZBA action was and question the procedure. In response to questions regarding the number of vehicle trips per day, Mr. Spillane indicated there are currently thirty to fifty trips per day to the other facility and he expects there will be a 30 percent overall reduction in truck traffic. He also stated the back -up alarms cannot be turned off, however, they will not be operated outside the building daring the restricted hours. Mr. Dolan noted that at the last meeting there was discussion about putting in a large tank to contain any gas spill which might occur in the area and he doesn't see that on the plan. He stated his concern about any spill in the area getting into the aquifer. He also stated that with the concessions made by the applicant, he thought conditions on the site would be better than they are currently. Ralph Penney said there have been no concessions offered by the applicant and they are only doing what the ZBA has mandated in their decision. He said they have asked repeatedly for sound barriers and all the applicant is providing is additional trees. He noted there are 2,500 feet of trees between the facility and his house, and they don't do anything to reduce the noise. Mr. Muir noted they are taking the facility, which is now located approximately 100 yards from his property, to 25 feet - -with only a 50 foot buffer between the applicant and his house. Rick Mahoney of 25 Beaumont's Pond Drive concurred with Mr. Muir. Mr. Sullivan asked what other activity is taking place at the facility during the restricted hours other than the departure of one or two trucks. Mr. Spillane replied they have a skeleton crew working on manufacturing operations and loading trucks. Mrs. Flynn asked about the hoods on the oiliwater separators and Chris Linde offered an explanation as to how they work. She noted the Town Engineer's statement that all concerns have been addressed and stated she is still concerned about the site's proximity to the Cate Springs Well and thinks it might be wise to go even beyond the DEP standards 4 Minutes of May 20, 1998 to protect the water supply adequately. She asked if there is a maintenance plan for the / hoods and oil/water separators, noting the area is an older area that was zoned for industrial use before use were cognizant of how precious our water supply is and she would never approve an industrial use in that area if it were to come before the board now. Mr. Burke asked if there are any hazardous chemical, as defined by the Department of Environmental Protection, used in their operations at Eastern Container. They stated water soluble glues and inks are used and MSDA data sheets are available on everything. Mr. French suggested it would be helpful to get a list of what materials they use and put it all on record, noting the board's au&rity under the Special Permit is due to the Surface and Groundwater Protection District and site plan recommendation to the Building Inspector. Mr. Burke noted this hearing relates specifically to the provisions of the Water Resources Protection District and many of the comments made would be more pertinent for site plan discussion. The discussion, however, gives the board better insight as to what's going on and the changes being made to the site plan as a result of the Special Permit requirements. He reminded the board that they will be voting at this time only on the Special Permit and will later be making a separate recommendation regarding site plan approval. Motion: To continue the public hearing to June 17, 1998 at 8:00 p.m. with an extension of the time limit to make the decision. (Sullivan - Dolan) 6 -0 PASSES Attorney Robert Davis representing Stop & Shop noted there were two unresolved issues at the conclusion of the last public hearing: 1. How many parking spaces are required, with and without the gas station? 2. What changes would trigger the necessity of bringing the landscaping in the shopping center into conformance with current zoning? The Building Inspector has stated the square footage of the mezzanine and storage space are not part of the equation when determining the required number of parking spaces. He has stated that the 404 spaces is adequate parking with the addition of the gas station. Any new construction or alteration of the existing space which would require the addition of ten parking spaces would trip the threshold for the landscaping. Stop & Shop would therefore not be subject to current landscaping requirement; however, they are not turning a deaf ear to the issue. They are committing to replacing those trees marked on the plan which are not doing well and will be augmenting the present landscaping with dogwoods, low shrubs and azaleas. Mr. Davis also referred to the Fiscal Impact Report prepared by Lisa Davis and j Minutes of May 20. 1998 information provided regarding the adequacy of lighting at the intersection Melissa Mintz, Senior Traffic Engineer at VHB, showed a schematic of the existing conditions and the site with the fueling facility. She provided detailed information verified by the Institute of Transportation Engineers regarding trip generation and the projected number of vehicles entering and leaving the site at various peak and off -peak hours throughout the week. She also reviewed the site design, showing how traffic conflicts were minimized and maneuverability was simplified with the use of striping and signage. Finally, she presented accident histories and statistics for the area prepared by MassHighway and the Mansfield Police Department. The following correspondence received since the time of the last public hearing was read into the record: • Letter from Vanasse Hangen Brustlin, Inc., dated March 24, 1998, in response to comments made at the March 4, 1998 public hearing • Copy of letter to Lisa Davis from Bertram M. Cook dated April 6, 1998 • Copy of letter to Lisa Davis from Bertram M. Cook dated April 15, 1998 • Letter from Vanasse Hangen Brustlin, Inc., dated April 16, 1998 • Letter from Acheson Callaghan dated April 17, 1998 • Letter from Robert C. Davis dated April 22, 1998 in response to letter of Acheson Callaghan • Fiscal Impact Report dated April 21, 1998 prepared by Lisa Davis • Letter from John D'Agostino, Town Manager, dated April 21, 1998 • Copy of letter dated April 21, 1998 to MassHighway with Application for Permit to Access State Highway attached • Memo from Shaun Burke dated April 22, 1998 regarding Accident Report requested from Lance Lawson Mr. Callaghan said he would like to see the letter regarding the calculation of required parking spaces from the Building Inspector, stating he believes it is a legal issue and further debate at this point would not help the Planning Board. Mr. Callaghan also stated he does not agree that the proposed project does not trigger additional landscaping requirements, nor does he agree with the traffic impact report. Dan Clemmey stated he also does not agree that additional parking and landscaping are not required. He said he would like to see a fence and a buffer put along the front of the property in the area of the gas station to prevent trash from blowing across the street and lights shining on abutting property. He also disagreed with the traffic impact report and stated Stop & Shop need comments and a curb cut permit from District 5 of MassHighway. He also stated his concerns about contamination of the wetlands in the area. Board members discussed information presented and asked various representatives of Stop & Shop to respond to questions and comments raised. At the conclusion of the discussion, Mr. Burke suggested to the board that all concerns have been addressed. He 6 Minutes of May 20, 1998 The motion passes 5 -1 with Mrs. Flynn opposed and, having received a super- majority of five affirmative votes, the Special Permit is granted. Motion: To close the public hearing. (Sullivan- Frank) 6 -0 PASSES P1t�tc Contnnent Karl Clemmey advised the Planning Board Town Counsel is coming back with a small amendment to allow the Town to have recreation fields without a Special Permit. Concern was raised at the Selectmen's meeting that Article 55, which Mr. Clemmey sponsored and which was approved at Town Meeting, would now require all recreation uses to go through the Special Permit process. Mr. Clemmey also asked the board to consider his request for a reduction in the twenty foot water and sewer easement approved on the Village at Willow Crossings plan to ten feet. The following account of Mr. Clemmey's discussion with the Planning Board was transcribed from the tape of the meeting. I went to see Mr. Burke last week and wanted the opportunity to come before the board about the letter that came to the board from the proponents for the project for the retirement home and he retained the piece of land on the right - -two acres. He stated their engineer never approached them about having a 20 foot easement in the agreement, but to make the agreement go ahead they let the engineers, and the first time they (the Clemmeys) saw it was when the project went in front of the board. He went along with it and then went out and did his homework and went to the Town Engineer, because the applicant hired Dunn - McKenzie and he (Mr. Clemmey) was out of the loop, and asked why he as an engineer would make that go 430 feet down a private way for a sewer line which is a benefit to the Town because if it got clogged up or needed repairs or anything, and automatically they don't need a twenty foot easement and it could go down to a ten foot easement. On her own Sandy of Sangermano Construction wrote a letter to the Town saying she had been asked by the abutter - -I'm the abutter and I think I'm out of the loop as a subdivision, but Mr. Burke, our planner says that is part of the subdivision, we've been asked to provide a twenty foot easement for water and sewer. We only need a ten foot easement because it's only water, so what we did was we went to the Town Engineer and the Town Engineer agreed with us and we then went to the Water Department and the DEP and I have this letter to me confirmg a conversation with Lee, the Town Engineer, and Bob Morrison where we agreed the Town of Mansfield should allow you this ten foot easement as shown on the attached plan. I have the plan and I got this certified at the Town Hall, and the reason I'm asking the board to reconsider it is any easement they get on South Main Street people keep forever. Also, I asked the Town Engineer and the Town Engineer signed the plan right here, "please be advised that I have reviewed the sewer plan" and he agrees also that a ten foot is the most that you need. The reason I ask that, gentlemen, if you can see as we measure here (marking out ten feet on J the floor with the tape measure), just to show the board here so you guys can see. Now I'm going to tell you from here to there where Mary-Lou's sitting - -to the edge of her 8 Minutes of May 20, 1999 table - -she can verify that, it's ten feet. So you look at this distance that you're looking at and this is an eight inch pipe (showing a section of eight inch pipe). So what you do here is you take this pipe and put it on the edge (of the ten foot distance) and I brought the pictures to show you - -all the land on the left is owned by the Town. There's a ten foot embankment here, then there's sixty feet out that way. It doesn't make sense to give this man -- twenty feet is beyond here - -and you can look - -to cut all these trees down, which is what he's going to do. It makes sense to cut it back to ten feet, put the pipe here, so the machine that he's going to use for the backhoe, he's only got to go down 5 112 feet in the ground. The bucket is otily 3 112 feet - -the machine is 5 feet with its legs out, which brings him to here. He would take the dirt from here (pointing out area on floor) and he would put the dirt over here (indicating Town -owned land). Now if the trees grew here, he'd take the dirt from here and put it over where these people are because the Town owns, as I took these pictures, this is looking down- -the 10 feet is along in there and that's the part of Town -owned land. I brought the pictures so you all could see. I would like to have from the board a positive recommendation that this turn down to ten feet, and I'll tell you a little further. This is exactly what happened on a piece of property on South Main Street at-- you're going to say, "well gees, Karl, why not give him the twenty ?" It's because if twenty years from now if they took it to Land Court and say, well gees, we've got twenty feet and we want to put something else there, Land Court can change this decision around. That's exactly what happened to us on South Main Street with the Great Woods Performing Arts Center. The cows got an easement to go down the river so the cows could drink the water. What happened was when we went to Land Court the judge said, ( "no, I think back in 1903 or 1913- -and he files for the Grays - -no, they own that piece of easement. So I would rather push it down - -and you can't get any plainer than this- -and the Town Engineer's recommended it. I'd ask if you'd like to come down and not vote on it tonight and come out Saturday and look at it and I'll take Mr. Burke down. But the Town Engineer and the DEP looked at it and Mr. Morrison and there's no need -- that's an 8 -inch pipe - -and their's isn't going to be as big as that -- their's is only 8 -inch on the outside, this is 8 -inch on the inside - -it doesn't make sense to have a twenty foot easement. I'd like to have the board, the plan --I have three agreements with them. The three agreements is it goes back to the ten, but I didn't realize it had to come back to the board because Mr. Burke's convinced me that or he's under the assumption that it's part of the subdivision. I need a positive recommendation from the board that I'd be just giving ten feet. And I've proved my case -- there's no reason to be twenty feet. Mr. French: Karl, I can tell you what the thoughts were of the board when we voted on this the last time. Number I was it was twenty feet wide, I think, because it was originally proposed as a water and sewer easement. Mr. Clemmey: That's correct. Mr. French: And if we keep twenty feet - -the whole idea of the easement, obviously, is if there's any work that needs to be done, it can be done in the easement and not outside the easement. So having the wider easement is good in that fashion. The other thing that was l brought up is the fact that we may not want to put a sewer down there today or do 9 Minutes of May 20, 1998 something else with that easement, but that does not preclude three years or five years from now that the Town does not have some other use that comes along that they could make use of that easement. Mr. Clemmey: Mr. French, the Town doesn't own any. It's Sangermano's. The Town doesn't own any rights to that easement. That easement that we're discussing here is only between Karl Clemmey and the Sangermanos. That easement has nothing to do with the Town of Mansfield at all. So you're under the wrong impression. That easement is only between Karl Clemmey and Mr. Sangermano. The Town can never put anything down there. Mr. Burke: So is that a private water main then, is that the idea? Mr. Clemmey: Yes. That's why I went to Mr. Morrison and I couldn't figure out why the board when the sewer line was there - -we were out of the loop and they wouldn't discuss it with us - -but I had told Shaun this- -that they ( Sangermanos) wouldn't discuss it with us because they hired Mr. Dunn. Mr. Dunn went ahead and did it himself. Mr. Sullivan: I guess I think it's ridiculous saying it's all between Mr. Sangermano and Mr. Dunn because that's beside the point. It's also in our regulations ... (reading from Mansfield Subdivision Regulations.) ( Mr. Clemmey: You read that, Mr. Sullivan. Mr. Sullivan: I think I just read it. Mr. Clemmey: You read that, Mr. Sullivan, but you're not asking for the waiver on the twenty feet. And I can give you the reason. Mr. Sullivan: In my opinion there is nothing there that warrants it. Mr. Clemmey: Yeh, but I came to you - -it makes sense if it's twenty feet because.. Mr. Sullivan: Not to me. I don't agree with you that we don't need it. Mr. Clemmey: Well, even if you want the ten feet in the middle, it still makes sense.. Mr. Sullivan: I think it should be twenty feet as required by the regulations and as approved on the plan, on which you had plenty of opportunity to give us your input. Mr. Clemmey: Yes, I could agree with you, Mr. Sullivan, but at the same time, I was putting two lines in there and I did agree with you. This is one line, Mr. Sullivan. If you've got one line and not two lines and it's a private line, why are you so concerned, it's my land, Mr. Sullivan. I'm asking.. 10 Minutes of May 20, 1998 Mr. Sullivan: I'm opposed to changing the easement from twenty foot as approved on the plan. That's my personal opinion. Mrs. Flynn: It makes no difference now that it's a private individual's land? I thought we were concerned with the Town equipment having room enough to work. Mr. Dolan: Up until a couple seconds ago I thought the Town had the easement. This has nothing to do with the easement for the bike trail? Mr. Clemmey: It's a different area. Mr. Dolan: When this was brought up to us before, in all fairness to Karl, I will say up front, though, that I also agree with John (Sullivan). I don't like the attitude that we hold a public hearing and approve a plan, then have people come back and want to change something that they had numerous opportunities to do during the public hearing process. That's not where I'm coming from, but I did vote on this with it in my mind that this was a Town easement we were voting on. I feel that ten feet isn't wide enough. Backhoes need areas to work in and they have to pile dirt and everything. Now you come back and tell us that this is just an agreement between you and Sangermano and he agrees that ten feet's enough. The Town Engineer says ten feet's enough. Everybody seems to say.. Mrs. Flynn: What does it say in the letters..? Mr. Dolan: The letter says it's enough -- Sangermano says he's agreeing with the ten feet. The principles involved in this are all saying that ten feet's enough and we're saying no -- and I said no for the same reasons that John just stated. Our regulations say twenty feet and I thought the Town was involved in it. Now we're being told the Town has nothing to do with this thing. Dr. Torman: Can I ask a question on that? It's the same question. If it's between you and Sangermano, why's it in front of a town board? Mr. Frank: It's part of an approved subdivision plan. It was part of the recorded subdivision plan -- that's why. For the same reason that we approved a subdivision plan that divided the parcel between Sangermanos and Mr. Clemmey. Just because those are two individuals that don't have anything to do with the town, those lot lines are there and are recorded as we approved them. Dr. Torman: And there's no impact on the Town at all is what you're saying. Mrs. Flynn: Except that Karl did say there's Town land on the other side and if they are doing work, they'll pile the dirt over there, or they could pile it over here. I assume he's meaning they can pile the dirt on the Town land if he doesn't have the twenty feet. l Mr. Clemmey: If you disagree with me, Mr. Sullivan, I personally don't believe that my 11 Minutes of May 20, 1998 property is part of that subdivision, but if you think it's part of the subdivision... Mr. Sullivan: I totally disagree.. Mr. Clemmey: I've got to tell you this, Mr. Sullivan, and I tell you point blankly, we were kept out of the loop with this. You can ask Mr. Dunn, Mr. Sullivan, when you get a chance. I was the one that went to the Town Engineer and asked the Town Engineer... Mr. Sullivan: That means so much, Karl.. Mr. Clemmey: I'll tell you what. Take a vote - -do what you've got to do.. Mr. Sullivan: We already did. Mr. Clemmey: Yeh, you did, but now that you've listened to me, would you do one thing, Mr. Sullivan? Don't make any more gosh darn decisions on any of my property without giving the the courtesy, Mr. Sullivan - -the courtesy - -of standing in front of the board as a taxnaver and the ep rson that owns that piece of land that you're voting on. Do you think you could give me that courtesy? Mr. Sullivan: I think you've had that courtesy. Mr. Clemmey: You gave it to me tonight, but you've already voted on it. I'm going to tell you, Mr. Sullivan, I'm just as smart as your Planning Board Director is and I'll tell you - -I'll get the ten and you're just not - -I came to you up front. This is not right what you did. Sangermano sent some letter - -an abutter -- here's his letter. He says "an abutter" wants it 10 -10. The last night you voted on it, the only reason I signed that, Mr. Sullivan, and I'm going to tell you right to your face, because if it was up to me I never would have sold him the land. But, I'm going to tell you, Mr. Sullivan, the only reason I signed it is because Mr. Burke told them that if we didn't sign it then, it was going to expire. Seven months' work was going to expire! All this stuff came up the last two weeks... Mr. Burke: Wait a minute, Karl, wait a minute. I told who, what? I told who, what, Karl? Mr. Clemmey: Another thing, Mr. Sullivan... Mr. Burke: Wait a minute, Karl. You stand here and make an accusation and you better be able to back it up. Mr. Clemmey: Another thing, Mr. Sullivan, it's your plan to approve here. I'll be here long after you people are off this board. Let me tell you this, Mr. French, too. Last week I sat here in this audience, Mr. Sullivan, and your Planning Director wrote a three page reason on all my articles at the Annual Town Meeting. He also wrote a 2 1/2 -3 page on (\ everything that the Clemmeys do. Folding Box Company, which came in front of this 12 Minutes of May 20, 1998 board, he didn't even write a letter on it! You know how many things are wrong with that plan? Do you know how many things are wrong, and you signed that plan? Here's a l gentleman who works for this town - -a man that's the planner - -and you don't even look at his recommendation. You know why, Mr. Sullivan? Because he didn't make a recommendation, Mr. Sullivan, because the plan did not work!. Mr. Burke: Actually, Karl, I was on vacation, but why get confused with the facts. (Several people talking at once) Mr. Clemmey: If you continually, Mr. Sullivan, keep your attitude, you're going to cost the Town of Mansfield thousands of'dollars. Dr. Torman: Excuse me, Mr. Clemmey. Don't you threaten a member of the Planning Board. (Mr. Clemmey denies the threat and continues talking) You certainly just did. (Mr. Clemmey continues talking) Excuse me, don't threaten members of the Planning Board. Mr. Clemmey: Don't say it again, you big windbag. I'm not listening to you. You're not the board. You don't know anything about Mansfield. (Several people talking at the same time.) Mr. French: Excuse me, I have the floor. Public comment is over for tonight. Mr. Clemmey: Can I just make one more... Mr. French: No... Mr. Clemmey: That's the problem with the Town of Mansfield... you people are costing the Town thousands of dollars... continuing to talk as he leaves the room. �intxul[ RCV�"g�nrx�t�U?►�t €Iii Pi�urlui$ hoard Motion: To nominate Tom French, Chairman, and John Sullivan, Clerk. (Flynn- Frank) 6 -0 PASSES Mrs. Flynn said that during the Board of Selectmen meeting there was discussion of Karl Clemmey's recreation amendment to the Zoning By -law and it was stated "it's too bad the Planning Director's opinion wasn't asked for." Mr. Burke noted his recommendation was the by -law should be written to require a Special Permit for only those uses that deserve more scrutiny. 1, Mrs. Flynn also advised the board that she had three phone calls over the weekend about 13 Minutes of May 20, 1998 the work at Memorial Park. She questioned why the project never came before the Planning Board and suggested that the work be stopped until it has gone through Planning Board review where seven people can have input instead of three department heads making the decision. Mr. Burke advised her of what had happened and stated the procedures for a municipal clearing house will be discussed at the June 17th meeting by Mr. D'Agostino. Mr. Dolan inquired about the size of the water pipes going in on Elm Street and commented that he thought the letter from the Town Manager in support of the Stop & Shop project was inappropriate. Dr. Torman reported on the Chairmen's Meeting at which he represented the Planning Board and the request to appoint two members of the Planning Board to serve on a committee being established in conjunction with the Board of Selectmen, Industrial Development Commission, Zoning Board of Appeals and Town Manager to develop a better understanding among the various boards of the Town's efforts to be "business- friendly." Leonard Flynn advised the Planning Board that he has been asked by Peter Cortwright to serve on the Train Station Committee. He noted the need for the Planning Board to act on his reappointment as their SRPEDD representative. Motion: To reappoint Leonard Flynn as the Planning Board's representative to SRPEDD. (Sullivan - Torman) 6 -0 PASSES Motion: To go into Executive Session for the purpose of discussing on -going litigation, to come out of Executive Session only to adjourn. Mr. Frank: In favor; Dr. Torman: In favor; Mr. Dolan: In favor; Mr. Sullivan: In favor; Mrs. Flynn: In favor; Mr. French: In favor. (Frank - Dolan) 6 -0 PASSES Motion to adjourn at 12:05 a.m. ( Torman- Frank) 6 -0 PASSES 14 Minutes of May 20, 1998