HomeMy WebLinkAboutPlanning 05/13/1981MANSFIELD PLANNING BOARD j
AGENDA
May; 13, 1981
1.
Call to order 7:30pm
2.
7:30pm - Town Counsel Charles Mulcahy
Bore Sand and Stone,/ Form A Plans
8:00pm - Karl Clemmey - Re -zoning West Street
9:00pm - Roy Wentzell - Beard of Appeals Variance
9:10pm - VanKoert - Form A Plan
9:20pm - Leon Grant - Surplus Material
3.
Clerk's Report E4
a. Correspondence
b. Minutes of May 6, 1981,
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Old Business'
a. Status of Plans
1) W R C Properties - Subdivision - 5/13/81
b. Zoning Change Requests
1) School Street - Agricultural to Industrial
2) West Street - Residence A to Industrial
C. Zoning Amendments
1) Special Business
5.
Warrant
6.
New Business
a. Status of Plans
b. Correspondence
c. Date for Next Meeting
d. Public Discussion
e. Around the Table
7.
Adjournment
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PLANNING BOARD
MINUTES
May; 13, 1981
Present: iChairman Flynn, Clerk Kaufman
Planners: 'Seifert, :White, Genatossio, Brugliera,'Kaufman, Parsons
Planning Director Folkman
1. Meeting called to order 7:40pm
2. Correspondence
Notice of Public Hearing Town of Mansfield Board of Selectmen - Facilities
Plan Amendment Lyons Brook Area Sewers - July 15, 1981 at 8pm
Memo from Planning Director to Planning Board regarding Clemmey Rezoning
Petition
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Form A'Checklist - Charles N. and Lottie M. Scott - Elm Street
Form A Checklist - Leo VanKoert - Franklin Street
Special Permit Decision - E R E Corporation gravel operation' a
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Letter from Easton Planning and Zoning Board to Planning Board requesting
status of E R E Corporation Special Permit
Copy of Conservation Commission letter to Margot Jellinek regarding Maple
Park Gravel Pit i
Order of Conditions from Conservation Commission to Massachusetts Electric
Company for project on School 'Street - granted
Order of Conditions from Conservation Commission to Carl Nelson for project
on School Street - denied
Copy of memo to Board of Selectmen from Town Manager;- report on pending
projects - Earth Removal/DPW Property
Flier from National Wildlife Federation - Conference on the 'siting of safe
hazardous waste facilities in Massachusetts
Flier from R. S. Means Co., Inc, booklets
Public 'Hearing notice Attleboro Zoning Board of Appeal Decision - application
of C.'Wallace `Cederberg and Adams Enterprises, Inc.
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Flier from U. S. Department of Energy - Office of Energy from Municipal Waste t
conference on energy from solid wastes
Mansfield Zoning Board of Appeals Decision on application of William
Palanza - granted
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Minutes
May 13, 1981
Page 2
Mansfield Zoning Board of Appeals Decision on application of Howard
Battye - granted
Copy of Planning Board letter to Building Inspector regarding site plan
approval - Zayre Trailer Parking Facility
Notice of Public Hearing Foxboro Board of Selectmen regarding site ,plan
approval of Robert Ferestienlon land located at 360 Central Street
May 26, 1981
Copy of Planning Director and Building Inspector from Department of
EnvironmentalManagement Division of Forests and Parks regarding the
AGRIFORM planting tablets which Boro Sand and Stone will be using for
tree ;planting.
Letter from Paul M. Dalton, Cabot, Cabot & Forbes regarding Norfolk Street
requesting an extension for another month on the Norfolk Street Subdivision
Letter from Paul M. Dalton, Cabot, Cabot & Forbes regarding Norfolk Street
Subdivision -i allowing Cardi Corporation to use the new Norfolk Street
extension to ;gain access to the bridge construction at the railroad for
the new Route 140 construction
Letter from Attleboro Planning Board requesting information on sewer -pump
stations
Invitation to The O'Neill Picnic June 7, 1981
Copy of Planning Board letter to Town Clerk regarding Recommendation on
Clemmey Re -zoning petition
Copy of Planning Board letter to Roy Wentzell regarding Board of Appeals
application for variance
Copy of Planning Board letter to Town Counsel requesting requesting he
meet with the Board on May 13, 1981
Flier from The Planning Services Group, Inc. - Planning Board's Clerk Kit
Flier from National Leased Housing Association - annual meeting
3. Minutes of May 6, 1981
Motion: To approve with amendments
(White -Seifert, all in favor with corrections) VOTED
Under Correspondence note that the letter from Whitman and Howard
was written by Steven 'Dean and on page 3, last paragraph note that
letter was written by Steven Dean.
Page 4 first paragraph note that "Mrs Jellinek felt that it is the
obligation of the Planning Board to ,review the operation because it was
an extension of the original permit."
Minutes
May 13, 1981
Page 3
4.Karl Clemmey and his :Attorney Charles Bennett met with the Board to discuss
Mr. Clemmey's proposed amendment for rezoning a portion of West Street to
Special Business. Mr. Bennett addressed himself to the question of spot
zoning, that there are three criteria for determining spot zoning - the
size of the lot, the nearness ;of the land to 'other similarly; zoned land,
changes in the; land since the time of the zoning law; he stated the trends
of the Courts have been to find less and less spot zoning. Mr. Bennet
felt that the original advertisement for public hearing for change to
industrial zone would carry to Special Business.
Reconsideration of the Planning Board's vote .of last week will require
compliance with Article 1.3 of the Procedural' Rules of the Planning Board
which states "reconsideration shall be moved and seconded by, those members
that voted on the prevailing side of the original action". David Clemmey
- was recognized'. from the audience and questioned if the second had to be
made from a member that voted on the prevailing side. Town Counsel stated
from the audience that the motion had to be made from a member on the
prevailing side but that any member could second the motion.
Motion; To reconsider the original motion of May 6, 1981 on the amendment
to Special Business.`
(Parsons -Kaufman, White, Seifert, Flynn in favor; Brugliera,
Genatossio;opposed)VOTED
Motion; That action on this motion be postponed until additional information
comes in from Mr. Bennett based on research of the trends of the
courts on Spot Zoning.
(Parsons -White, Kaufman, Seifert, Brugliera in favor; Flynn,
Genatossio opposed) VOTED
Mr. Bennett will have this information for the Board for next meeting May 20.
5. Town Counsel Charles Mulcahy'; met with the Board regarding the Planning
Board's responsibility on Form A Plans. Town Counsel statedthat the
Form A%simply says that subdivision control is not required and that the
Planning Board has to sign it.. There does have to be enough; information
on the plan to convince the Board that it is not a subdivision.
6. Town Counsel met with the Board regarding Boro Sand and Stone. His opinion
is that the question of tree planting falls under the jurisdiction of the
Board of Appeals who were the original granting authority on that portion of
the gravel operation. > The Planning Board can write to the Board of Appeals
and tell them of their concerns. The remain 11 acres of the project would
come under the jurisdiction of the Planning Board.
Mrs. Jellinek stated this tree planting is not her main concern. She wants
the Board to walk the land with an engineer and check the grades as they
relate to the topo before any planting is done.
Minutes
May 13, 1981
Page 4
7. Board of Appeals Variance, 47 Samoset Ave, to tear down an existing porch
and add a larger porch which would create anon -conforming front -yard measur-
ment.
Motion: To recommend to the Board of Appeals that the variance be ;granted
(Brugliera-Seifert, all in favor) VOTED
8. Form A Plan - Franklin Street - Leo VanKoert
Motion: To approve the Form ;A Plan for Leo VanKoert on Franklin Street
along with the application of the stamp which states "approval
of this plan does not imply the approval of any future roadway for
any future subdivision".
(Parsons -White, all in favor) VOTED (note that VanKoert took the linen)
9. Leon Grant met with the Board,at the suggestion of the Building Inspector,
to request approval to remove approximately: 2,000 yards of excess material
from ;his property at 440 Ware Street, to prepare a field for planting for
agricultural ;purposes. Planning Director viewed the site and had questions
on the ditch,: which will be filled in, allowing water to run its normal
flow into the ;pond.
Motion: That we recommend approval to the Building Inspector
( (Kaufman -Parsons, all in favor) VOTED
10. Form A - Charles and Lottie Scott - Elm Street
Motion: To'approve 'the Form A for Scott on Elm Street
(Parsons -Seifert, all in favor) VOTED
11. E R Corporation Gravel Removal
Board signed the special permit with corrections: page 6'item d remove the
words "or Town roads". page 6 item f should read "have begun to grow"
12. W R C Properties Norfolk Street Subdivision - request for one month
extension
'Motion: To grant a one month extension
(Seifert -Kaufman, Brugliera, Genatossio, Parsons, Flynn in favor;
White abstain) VOTED
13. W R Properties -'Norfolk Street Subdivision - Cardi Corporation,
contractorsfor Route 140 construction has requested to use the new
Norfolk Street extension to gain access to the bridge construction at the
railroad. Letter to be sent to Paul Dalton thanking him for notifying
the Board of the activity and requesting that if material which will be
used in preparing the access will be material ultimately used as the
roadway base please notify the Planning Director so he can inspect the
construction.
Motion: To send the 'above letter
(Parsons -Kaufman, Brugliera, Genatossio, Parsons, Flynn in favor;
White abstain) 'VOTED
Minutes
May
13, 1981
Page
5
14.
Motion: To send to the Towns of Easton and Sharon a copy of the f R E
Corporation Special Permit Decision
(Brugliera-Seifert, all in favor) VOTED
15.
Regarding letter from Attleboro Planning Board, the Board agreed to send
them whatever information we have on pumping stations.
16.
Motion: To send a letter to the Town Clerk with the Board's official
recommendation for Town Meeting regarding School Street
property to rezone from Agriculture to Industrial for Willis
(Genatossio-Brugliera, Seifert, Kaufman, Parsons, Flynn in favor;
White abstain)
17.
Next meeting Wednesday, May 20, 1981 7:00pm, will then proceed to Town Meeting,
if there is one.
18.
Margot Jellinek stated to Chairman Flynn that for many months the Chairman
has been discriminating against her because when she is on the agenda she
is only allowed to speak for a certain amount of time and not a moment
longer, other people are allowed to speak as long as they wish. Mrs.
Jellinek stated that is the Chairman does not stop, this she will have to
turn the matter over to her attorney.
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19,
Planner Genatossio questioned if there are any more gravel operations
that may be coming „before the Board before rWhitman :and Howard has formulated
plans for the recharge area. Planning Director stated there were. She
is concerned about having the 10 foot above water table requirement adopted
for :future gravel operations.
20.
Planning Director reported that the State of Mass. has proposed providing
power to a proposed; weigh station on the south bound lane ;of I-95 in
Mansfield; plans that he has
seen show there is a lot of wet-land in the
area. Light Director needed
to know its relation to the Witches Pond Well
site, The plan also noted that Conservation Commission permits had been
acquired when I-95 was put in. Since the proposed weigh station is in
a re-charge area precautions should be taken regarding trucks carrying
hazardous materials and any fuel spills they may have, possibly some
undergroundtanks with catch basins. Parsons felt the Board should express
their concerns to the DEQE',and possibly Representative Leon Lombardi.
21.
Planning Director reported on the insecticide spill into Robinson Brook
on Saturday, May 9 1981, The Town Manager, Planning Director, Fire Chief
Water Superintendent, EPA AndDEQU were called in. There was a fish kill'
down into Mansfield to John Street, at which point the Civil Defense was
called in and placed sand 'bags and bags of activated charcoal at the
brook which 'stopped any further kill downstream.
22.
Planning Director reported that at the Downtown reception the Rotary
Club donated $5,000 for downtown improvements for general additions to
the'streetscape downtown.
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f Minutes i
May 13, 1981
Page 6
23. Further discussion of 10 foot above water table requirement.
Motion: That we add an amendment to the Water Recharge Protection District
for Town Meeting this Wednesday which will include a statement
for gravel pits in recharge areas to have 10 feet above the high
water mark.
(Genatossio-Brugliera, all in favor) VOTED
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Meeting ajourned 10:00pm
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