HomeMy WebLinkAboutPlanning 08/02/1978MANSFIELD PLANNING BOARD
AGENDA
August 2, 1978
1. Call to order (7:38 p.m.)
2. Clerk's Report
a. Correspondence
b. Minutes of July 19, 1978
3. Warrant
4. Visitors Agenda
8:00 P.M. - Karl Clemmey - re. Surplus Material Permit
5. Old Business
1978-79 Work Program - Wetlands Zoning
Brookside Estates - As Built Plans
6. New Business
a. Status of Plans - New Submissions
1) Karl Clemmey - Surplus Material - So. Main Street
b. Correspondence
c. Public Discussion
d. Date for Next Meeting
e. Around the Table.
7. Adjournment
Reminder: Bi -monthly meeting with Board of Selectmen 8/2/78 at 8:00 P.M.
MANSFIELD PLANNING BOARD
MINUTES
August 2, 1978
Present: Planners Mahana, Matoian, Grant, Hartmann
Planning Director Maurer
1) Motion: To appoint Planner Grant Acting Chairman.
(Mahana-Hartmann, all in favor) VOTED
2) Motion: To elect Planner Matoian Acting Clerk.
(Mahana-Hartmann, all in favor) VOTED
3) Meeting called to order at 7:50 P.M.
4) Letters were read from the following:
Home Developers to Planning Board regarding release of securities
for Rustic Acres
Planning Director to Hathaway Patterson regarding Form A Plan
Mrs. Ceccarelli to Planning Board regarding drainage ditch for
Peters Park
David White to Mass. Department of Public Works regarding proposed
drainage for Route 495 at School Street
Commonwealth of Massachusetts Office of Secretary regarding Historic
Preservation Policy Plan
Cooperative Extension Service invitation to a Farming Tour
Finance Committee to Town Boards and Committees regarding Reserve Fund
Town Engineer to Building Inspector regarding drainage for 45 Chauncy
Street
Board of Health Minutes of June 7th, July 6th, June 21st, July 10th,
June 28th, and May 31st.
Massachusetts Department of Community Affairs Local Assistance
information
Senator Brooke Report
Cooperative Extension Service Newsletter on clean drinking water
Planning Board to Building Inspector regarding site plan application for
45 Chauncy Street
Planning Board to Eagan and Turnese regarding Street Acceptance Plans
for Brookside Estates
Minutes
August 2, 1978
Page 2
5) Board met with Karl Clemmey and Engineer James Dunn to discuss the
surplus material application for land on South Main Street. Engineer
Dunn noted that this is located on the easterly side of South Main
Street near the Rumford River. He noted that Mr. Clemmey wished to
remove two mounds, which would total 2400 cubic yards. He noted that
this would need to be removed in order to facilitate the development
of the site, and that the stumps would be disposed of near the property
line. The area of the lot is roughly 2 1/2 acres. The existing
topography is shown on the plan as a dashed line. Mr. Dunn noted that
the two test holes are shown on the plan and were dug on May 12, 1978
to the depth of 12 1/2 feet with no ground water encountered. He noted
that the general depth of ground water is 15 feet in this area.
Acting Chairman Grant noted that the application states that this is a
commercial operation and if this is a commercial operation on the
removal of the material then it must be filed as a commercial operation.
However, if it isincidental to something else it is surplus material.
Board reviewed the memorandum from the Planning Director noting three
items that did not meet the Zoning By-law. It was noted that surplus
material is incidental to the development of a lot for which a building
permit has been issued and within the General Business Zone a siteplan
is required prior to the issuance of a building permit.
Mr. Clemmey noted that the Board is telling him that no one can remove
material within this Town unless they have a building permit to remove
surplus material. I go to the Building Inspector and he tells me that
I have to have a surplus material permit now you tell me I have to have
three more items. He noted that what the Board has done is that anything
that is touched within the Town you have to have an engineer for and the
only one getting rich is the Engineer. Acting Chairman Grant noted that
the Board reviewed the surplus material application where Mr. Clemmey
conducts his business and found no quarrel with that, all you have to do
is have a building permit. Planner Mahana noted that not too long ago
they issued a surplus material permit on Mill Street for Christian and
Schromm and that was in conjunction with a building permit. Planning
Director Maurer noted that he did not have to have any more engineering
done on Mill Street than was required by the Board of Health.
Mr. Clemmey noted that he did not think it was the Planning Board's intent
to know everybody's business. Planner Hartmann questioned why this was
surplus material. Mr. Clemmey noted that it was surplus because what he
intends to do with the property he has all that extra material. Planner
Hartmann noted that they don't have plans for the development of a project
and therefore it is a gravel removal operation for a commercial operation.
Acting Chairman Grant noted that the point is if it is surplus material
what is it surplus of. He noted that the Board understands the installation
of the oil tanks and everything, but there is nothing on paper that says
it is surplus material and all the Board is asking is to see a plan to show
it is surplus material.
Minutes
August 2, 1978
Page 3
Mr. Clemmey noted that right now there is about 8,000 yards stored up on South
Main Street for I-495 which is surplus material and what the Board is saying
` is that they can't move that material. Acting Chairman Grant noted
that it is up to the Building Inspector to decide what is and what isn't
and that the Board is here to judge on the merits of this particular request.
He noted that all the Board can do is make a recommendation to the
Building Inspector and he can do as he believes is right.
Mr. Clemmey questioned if he owned 100 acres of land and he stripped the
loam how can they stop him from hauling it away. Acting Chairman Grant
noted that thdre are regulations to prohibit this. Acting Chairman Grant
advised that if they have to act on this right now they can't, all they can
do is to make a recommendation. Planner Matoian noted that they can't
stop him or give him permission but can only recommend to the Building
Inspector.
Mr. Clemmey noted that they are in the process of moving his house and
questioned if he can move the surplus material around on his own property.
Acting Chairman Grant noted that he can move it on his Town property all
he wants he just can't take it from one property to another. Mr. Clemmey
noted that in 3 to 6 months from now he may want to do something else with
the property. Planning Director Maurer noted that he should not have put
a bulldozer in there until he knew what he was going to do with the property
Mr. Clemmey noted that there are several parcels up in the Cabot, Cabot and
Forbes Industrial Park which are removing the excess material.
Planning Director Maurer noted that you have to be doing something to the
property so that the removal is incidental to something and the removal of
the material is not the primary use of the property. Mr. Clemmey noted that
he cut the property down to the road level and now he has the excess loam.
Engineer Dunn noted that on the question of whether it is a commercial
operation or not on the application form that nobody gives the loam away
and if they are going to judge on the one word they should have a
application form prepared to make this clear. Acting Chairman Grant noted
that the word commercial means that it is the primary use of the property,
and suggested that they change the application to state that it will not be
a commercial operation. Mr. Dunn changed the application.
Mr. Clemmey and Engineer Dunn left the meeting.
Motion: To recommend to the Building Inspector that the surplus
material permit be disapproved.
(Mahana-Hartmann, all in favor) VOTED
6) Board discussed the warrant of August 8, 1978 in the amount of $89.53.
Acting Chairman Grant questioned if on the $79.00 for printing if Graphic
Labs had been approached to keep the business in Town. Planning Director
Maurer noted that they had not been because there was a time limit involved
He noted that the printing this time cost $79.00 and in 1975 it cost $119.50.
Motion: To approve the warrant of August 8, 1978 in the amount of $89.53.
(Mahana-Hartmann, all in favor) VOTED
Minutes
August 2, 1978
Page 4
7) Board discussed the minutes of July 19, 1978.
Motion: To hold the minutes until the next meeting because Planner
Matoian is the only one present who was at the July 19th
meeting.
(Mahana-Hartmann, all in favor) VOTED
8) Board discussed the wetlands zoning. It was the consensus of the Board
to postpone discussion on this until the next meeting.
9) Board ,'reviewed the street acceptance plans for Brookside Estates. It was
noted that the plans were corrected and returned to the Planning Board late
this afternoon. Planning Director Maurer advised the Board that the
applicant is hoping that if a Special Town Meeting is called in the
Fall that this could go before the Town then. He noted that the pooled
area has not been taken care of yet but the applicant has noted his intent
to do this.
Motion: To postpone discussion until the Town Engineer has reviewed
the plans.
(Mahana-Matoian, all in favor) VOTED
10) Board discussed the memorandum from the Planning Director regarding the
loam and seeding on the Peter's Park drainage ditch. Board also reviewed
the letter from Mrs. Ceccarelli stating that the work had been completed.
Planning Director Maurer noted that the work was done yesterday afternoon
and that he checked it after it rained and it now carries the water.
Planning Director Maurer suggested that the Board look at this to see
if there are any other problems. Acting Chairman Grant and 'Planner Mat6ian
felt that if it met with the approval of the Planning Director that they did
not feel it was necessary. Planners Hartmann and Mahana felt that they would
like to see the ditch before releasing the money. Planning Director Maurer
noted that it is a 1.5 to 1 slope and not a 2to 1 slope. He noted that the
previous problem was that the water was standing in the ditch before and that
on Monday kids had thrown toys and everything into the ditch and tuesday
they dug it all out and today they have thrown it all back in. He noted
that now that it is finished the Housing Authority will put a fence along the
property.
Motion: To postpone releasing the funds for Peter's Park until all the
members of the Planning Board, either alone or as a group, have
had a chance to review it and act on this at the next meeting.
(Mahana-Hartmann, all in favor) VOTED
11) Board discussed the request for the release of securities from the Rustic
Acres subdivision along with the memorandum prepared by the Planning
Director. Planning Director Maurer noted that the binder coat of
bituminous concrete on the roadway and had excavated the retention area.
It was noted that the retention area has not been loamed and seeded but
this is covered under a separate amount.
Motion: To release $7,400 from the Letter of Credit with the Mansfield
Cooperative Bank for work complete d in Rustic Acres, in
accordance with the Planning Directors Memorandum dated
August 2, 1978
(Hartmann-Mahana, all in favor) VOTED
Minutes
July 19, 1978
Page 5
12) Board reviewed the letter from David
the drainage from Route 495 on School
to contact the State and report back
matter as it is a Town easement.
White to the State DPW regarding
Street. Planning Director Maurer
to the Planning Board regarding this
13) Board reviewed the letter from the Planning Director to Hatheway Patterson
regarding the Form A Plan. Planning Director Maurer noted that the plan
was not properly submitted and is being returned for corrections.
14) Mrs. Jellinek came before the Board and advised them that they have until
September lst to make a decision on this or it will have to be picked up
by a private party. Acting Chairman Grant questioned if this was really
needed with the conservation Commission the way they operate.Mrs.
Jellinek noted that this wasneeded as they must stop filling. Planner
Hartmann noted that Mrs. Jellinek had referred to 7 places of flooding
and questioned if this letter from the DPW Director was obtained. It was
noted that there was a letter to the Conservation Commission from the
DPW Director and also from the Fire Department. Copies of these letters
to be sent to the Board for their review before the meeting. Planner
Hartmann noted that they might want to review some of the sites before
making a decision on this.
15) It was theconsensus of the Board to hold the next Planning Board meeting
on Wednesday, August 9, 1978 at 7:30 P.M.
16) Board adjourned to attend the bi-monthly meeting with the Board of
Selectmen.
17) Planning Director Maurer advised the Board that a meeting would be
scheduled with SRPEDD and the Selectmen, Planning Board, Conservation
Commission, Board of Health and Industrial Development Commission to
discuss the contents of the I-495 Growth Policy Report and the Water
Quality Study. This meeting is scheduled for August 16th. Planning
Director Maurer also noted his concern with statements in the report
relative to a trade-off with industrial development between Mansfield
and Taunton whereby SRPEDD proposes that Mansfield channel industrial
growth for the next 3 year period as a trade-off for their back -off
of their opposition to the treatment plant. Planner Hartmann and
other members of the Board strongly objected to SRPEDD's position in
this matter.
18) Planner Hartmann presented to the Board a copy of the building permit
procedure from the Town of Woburn as was discussed at a previous meeting
when the Work Program was discussed.
19) Meetina ad.iourned