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HomeMy WebLinkAboutPlanning 05/25/1977MANSFIELD PLANNING BOARD AGENDA May 25, 1977 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutesc,of May 19, 1977 3. Warrant 4. Public 'nearing - 8:00 P. M. Karl Clemmey 5. Visitors Agenda 8:30 P.M. Karl Clemmey - Site Plan 6. Old Business a. Status of Plans 1) Beachwood Estates - Def. Sub. - Short/Ware Street - 6/1/77 2 Karl Clemmey - Def. Sub. - West Street -6/26/77 3) Brian McLaughlin - Site Plan - Copeland Drive b. Planning Board Organization 1 Capital Improvement Committee (2) 2 Downtown Advisory Committee 3 Great Woods Study Committee 4) Set weekday for future meetings c. Downtown Advisory Committee 7. New Business a. Correspondence b. Public Discussion c. Date for next meeting d. Around the Table 8. Adjournment MANSFIELD PLANNING BOARD MINUTES May 25, 1977 Present: Chairman Parsons, Clerk Tighe Planners: Lesuer, Mahana, Hartmann, Mangiaratti, Plourde* Planning Director Maurer 1. Letters were read from the following: Mansfield Cooperative Bank to Planning Board regarding performance bond for Juniper Drive. Acting Town Manager to Planning Board regarding lighting in subdivisions Board of Selectmen to All Boards and Committees, notice of b -monthly meeting. Circle M Realty Trust to Planning Board regarding Letter of Credit Town Manager to all Department Heads regarding positions under the CETA Program Conservation Commission to Planning Board regarding Downtown Advisory Committee Board of Appeals amendment to decision of Gray Realty Trust Planning Board to Board of Appeals regarding variance for Karl C1emmey Planning Board to Board of Appeals regarding variance for Eleftherios Christias Planning Board to Building Inspector regarding Site Plan for William O'Malia Planning Board to Gene Ceccarelli regarding bond for Peter's Park Planning Board to Sidney Covich regarding bond for Circle C Planning Board to Board of Selectmen regarding Beachwood Estates Planning Director to Edward Stivaletta regarding securities for Erick Road. Minutes May 25, 1977 Page 2 t 2. Board discussed the Minutes of May 19, 1977. Planner Mahana noted that he would like item #18 stricken from the minutes as he was not questioning the Board of Healths authority but was questioning what steps should be taken. Item #14 to read - Motion: To recommend to the Board of Appeals that a variance be granted for an overhead sign that would have a maximum area of six square feet as recommended in the Zoning By-law. (Mahana-Hartmann, all in favor) VOTED On Item #1 and #2 Planning Mahana noted that he was not there during the election of officers that it should have been postponed until a full Board was there, even though he was in agreement with the motion. He questioned the legality of the action taken. Clerk Tighe noted that this was an item on the agenda and that there was a quourm present and they could legally act on it and if Planner Mahana objected he should have been there on time as the Board had no way of knowing he would be coming in later. Planner Mahana noted that this item has been put off for a long time and that they could have waited a little longer until there was a full Board present. He noted that since he has been on the Board he has only missed one meeting. Planner Mahana noted that on Item #2 it shows him making a second to the motion and he was not even present. Item #2 to read: Motion: To elect Robert Tighe Clerk for the next year. (Hartmann-Mangiaratti, all in favor) VOTED Chairman Parsons noted that item #20 should read "Chairman Parsons requested that Planning Director Maurer obtain copies of the Hatch Act Approval for Gonsalves, Boutas, and Allen for the Boards review. Planner Mahana noted that he objected to the statement in #18. Planner Mangiaratti noted that he would not object to striking #18 or modifying it to increase on his statement so that the correct meaning is obtained. Motion: To strike item #18 from the Minutes of May 19, 1977. (Mangiaratti-Lesuer, all in favor) VOTED It was the consensus of the Board not- to take action on the approval of the minutes until they are corrected and a new copy of the minutes sent to the Planning Board members. Minutes May 25, 1977 Page '3 3. Motion: To pay the warrant of May 30, 1977 in the amount of $6.00. (Lesuer-Hartmann, all in favor) VOTED 4. Board discussed the definitive subdivision -plan for Beachwood Estates. Planning Director Maurer noted that he talked with Engineer Ralph Maloon regarding the study they are going to do and Mr. Maloon was tied up this week and has not done it. He noted that before they can survey a portion of it they have to get permission from the people whose property they will be entering as it is all off site. One of the persons they have to get permission from is Mrs. Jones. He noted that as far as the other comments raised by the Board, most of the ones reviewed last week seem to be in order, except for the off-site drainage. He noted that a letter was sent from the Planning Board to the Board of Selectmen regarding the extension of the drainage out to Ware and Short Streets. Planning Director Maurer noted that they would not be able to have the Board of Health approval before the expiration date of June 1, 1977, as they have not done percolation tests yet. 5. Board discussed the site plan approval application of Brian McLaughlin It was noted that the plan had not been returned with the requested corrections. 6. Planning Board discussed the Planning Board organization for the Capital Improvement Program Committee, Downtown Advisory Committee, Great Woods Study Committee. It was explained that the Capital Improvement Program Committee begins in September and goes over the Capital Improvement Budgets submitted by various departments within the Town and the Committee assigns priorities for these requests over a long-range plan. These requests are then submitted to the Finance Committee. Planning Director Maurer noted that the Program is to program major expenditures of the Town over a period of time, based upon the needs of the Town and its ability to pay. Most of the items are $5,000 or more and when 'a cut is made it is really felt. In the history of the Town over the past 5 or 6 years the Capital Improvement budget is the only budget that is depreciating. It is accomplishing the job of making the decision on long range expenditures better than when it was first initiated 7 or 8 years ago. Planning Director Maurer noted that this year there will not have to be as many meetings as there have been in the past. He noted that last year went smoothly because alot of the members had previously served and they did not need to review the background information. Clerk Tighe noted that he would be willing to serve again. Motion: To nominate Clerk Tighe and Planner Hartmann as the Planning Board representatives for the Capital Improvement Program Committee. (Mahana=Lesuer, all in faubr)VOTED Minutes May 25 Page 4 Motion: To nominate Chairman Parsons as the Planning Board's Representative on the Downtown Advisory Committee. (Mahana-Tighe - MOTION WITHDRAWN Chairman Parsons noted that if anyone else had an interest in the Downtown Area and wished to serve instead that it would be acceptable. Planner Mangiaratti noted that he worked in the downtownarea and would be interested in this Committee, Motion: To nominate Planner Mangiaratti as th e Planning Board's Representative on the Downtown Advisory Committee. (Mahana-Tighe, all in favor)VOTED Motion: To nominate Planner Mahana as the Planning. Board's representative on the Great Woods Study Committee. (Tighe-Lesuer, all in favor) VOTED 7. Board discussed the meeting night for the Planning Board. Clerk Tighe noted that at the Bi -monthly meeting with the Board of Selectmen on June 1, 1977 they will be discussing the meeting night for the various boards and 'committees and felt that this decision should be postponed, Planner Mahana felt that if the other Boards don't change their night that the Planning Board should change to a night when there are less meetings. It was noted that the majority of the Board preferred to stay meeting on Wednesday evenings. 8, At 8:00 P.M. the Planning Board held the required Public Hearing on the definitive subdivision plan for Karl Clemmey for land off West Street. Transcript of that hearing is on file. 9. Board met with Karl Clemmey and Engineer Freeman to review the site plan application for land at 390 West Street, Mr. Clemmey noted that the purpose of the site plan is that he proposes to construct a building 50 x 80. He noted that ,he moved the fence and removed the excess gravel, as shown on the plan. Engineer Freeman noted that he prepared the site plan to show the existing grading of the property and that thisis a field survey taken within the last two weeks. He noted that this plan is coley for the purpose of giving Mr. Clemmey permission to construct a warehouse 50 x 80 about 200 feet in back of his exisiting building. Planning Director Maurer questioned if the fence is accurately shown on the plan. Engineer Freeman noted that it is pretty accurate as it was done with an internal survey. Planning Director Maurer noted that, based upon the way the fence is shown, he would recommend that the Planning Board recommend unfavorable action on the site plan until the fence is brought back to the zone line as the fence shows the auto reclamation area and a portion of it is in the Agricultural Zone. Planning Director Maurer noted that they had a similar situation with Fernandes and they had to get a variance under Town Counsels' opinion. Minutes May 25 , 1477 Page 5 Mr. Clemmey noted that he as no intention of moving that fence as the fence cost him $40,000. He noted that he will say he will not use the area in the Agricultural Zone, but he will not move his fence as he has a right to fence in his property as long as he doesn't use it for storage. Chairman Parsons questioned if all of the vehicles shown on the slide in the Agricultural Zone were owned by his employees. He noted that they where. It was noted that Mr. Clemmey employees 16 persons. Planner Mahana felt that he has a right to put a fence up and thatit should not be considered as part of the site plan. Planning Director Maurer noted that the fence is out there now and it is going to be an enforcement problem to keep him from using this area. Planner Mangiaratti noted that if Mr. Clemmey uses the area in the Agricultural Zone, then there is a violation and action should be taken, but there is no violation in fencing in the area. Planning Director Maurer noted that under the Zoning By-law for Salvage Yards it states that the salvage yard shall be fenced. It was also noted that the fire lane around the outside is not a landscaped buffer as required in the Zoning By-law. Planning Director Maurer noted that he reviewed the plan with the Building Inspector and the Building Inspector advised that Mr. Clemmey was given permission to remove material, now the new plan shows that he removed more material than he was given permission to remove. Mr. Clemmey noted that he came here for a site plan approval as a respectable business man and that he has no intention of moving the fence. Mr. Clemmey noted that he would be in agreement to placing a note on the plan that he will not use the property in the Agricultural Zone. Engineer Freeman felt it was automatically understood that he can not use this area and that he would be willing to stake it out. 10. Board discussed the site plan application for Karl Clemmey for land at 390 West Street. Planner Lesuer noted that the zoning by-law states that the area must be enclosed by a fence and herhas done it. Planner Plourde felt there was a problem in the interpretation of the Zoning as he was not sure if the area had to be enclosed or if the Industrial area had to be enclosed and suggested the possibility of checking this with Town Counsel. Planner Mangiaratti felt that the interpretation of the Zoning By-law is part of the Planning Board's function and it was up to the Board to take a vote on this. It was noted that the vehicles would have to be stored 50 feet back from the industrial line. Motion: To return the plan to have the area marked for Agricultural and note that this area can not be used for the storage of vehicles or parking of personnel cars. (Hartmann-Mahana, Mangiaratti, Tighe in favor, Lesuer opposed, Plourde abstained) VOTED 11. Board discussed the Downtown Advisory Committee at large members. It was noted that there are only 5 applications and there are 6 openings. It was the consensus of the Board to table action on this. Minutes May 25, 1977 Page 6 12. Board discussed the Memorandum from the Planning Director to the Town Manager regarding the Flood Insurance Program, on March 16, 1977. Planning Director Maurer advised that the Department of Housing and Urban Development deliniated the flood areas within the Town and that in order for the Town to purchase flood insurance they had to limit construction within the flood areas. He noted that in 1973 the regulations were minimal, however they have since added to it, He noted that the Wetland Protection Provision adopted in 1973 complied with the required regulations, However, since the first of this year it was found that if they do not comply with the new regulations Mansfield would be taken off the list and residents would not be able to purchase flood insurance. Planning Director Maurer noted that there are 19 policies within the Town right now, which will not be renewed unless the Town complies. Planning Director Maurer noted that they had discussed making the standards comply through an amendment to the Town By-law, however, such amendments can only be made at an Annual Town Meeting. He suggested that these requirements be made through an amendment to the Zoning By-law, which can be considered at a Special Town Meeting at the end of June. He suggested that they amend Section V by adding a new Regulation V -L, and the Public Hearing can be held on this on June 15th It was noted that the base flood level is the 100 year flood, It was noted that the wording for the proposed amendments was taken right from the Federal Register, Motion: To schedule the Public Hearing for June 15, 1977 for an amendment to the Zoning By-law section V -L and request that this article be put on the warrant for the Special Town Meeting in June. (Plourde-Mahana, all in favor) VOTED 13. Board reviewed the letter of credit from Circle M Realty Trust for the work to be completed on Pinto Way and the contingency of Morgan Road. Motion: To accept the letter of credit #106 from the Brookline Bank and Trust company in the amount of $25,027.45. (Lesuer-Tighe, all in favor) VOTED Board further reviewed the letter requesting a release from the Brookline Bank and Trust Company letter of credit #106 in the amount of $3,861.00 for the completion of work that was not considered in the Planning Director's memorandum of May 19, 1977. Motion: To release $3,861.00 from the Brookline Bank and Trust Company letter of credit #106. (Tighe-Lesuer, all in favor) VOTED Minutes May 25, 1977 Page 7 14. Board reviewed the letter from the Mansfield Cooperative Bank regarding hold passbook #503005 for the balance of construction on Juniper Lane in an account for Allen Willis in the amount of $5,322.60. Motion: To accept passbook #503005 from the Mansfield Cooperative Bank in the amount of $5,322.60 for the work that remains to be completed on Juniper Drive. (Lesuer, Plourde, all in favor) VOTED Motion: To release lots 8, 9, and 10 on Juniper Drive in the Spruce Acres subdivision. (Plourde-Lesuer, all in favor) VOTED 15. Board reviewed the letter from the Acting Town Manager requesting information regarding street lighting in subdiviisons. Motion: That the Planning Director draw up an answer to this request. (Tighe-Mahana, all in favor) VOTED 16, Board reviewed the memorandum from the Town Manager regarding CETA workers, It was noted that a request for help should be submitted to the Town Manager by May 30th. Planning Director Maurer noted that it was too late as this had been discussed with the CETA office the day before, Tuesday, May 25th. Motion: To send a letter to the Town Manager stating that the Board was given until May 30th to request help `'under the CETA program and they could possibly use help in the Canoe River Drainage Study, in the Downtown Program, and also in the cleaning of streams. (Plourde -Hartmann, all in favor) VOTED 17. Board reviewed the tetter from Planning Director Maurer to Mr. Brunel of the Department of Community Affairs. Planning Director Maurer noted that they had met and discussed az' study that he might be able to have funded in Mansfield. 18. It was the consensus of the Board to hold the next Planning Board meeting on Wednesday, June 1, 1977 at 7:30 P.M. 19. Clerk Tighe questioned why the Board of Appeals had amended their decision to eliminate #8 in the conditions for the earth removal for Norman Gray. Planning Director Maurer noted that this condition was that only one truck could leave every 6 minutes and the Zoning By-law states one truck every 3 minutes so they became lienient and went with the Zoning By-law. € 20. Clerk Tighe questioned where the Board stands with the letters of credit they are holding. Planning Director Maurer noted that they received a status report the first of the month and that a letter was just sent to Elmwood Park Realty Trust for Eric Road which expires in July, then there are two that will expire in September. Minutes May 25, 1977 Page 21. Planner Hartmann questioned if the gravel removal permit for Norman Gray was on the same property as the subdivision plan the Board had reviewed. It was noted that it was the same property and that they have now conformed to the Zoning By-law. 22. Planner Mahana noted that at some work session he would like to get to Business Zoning. He noted that one item of concern is the hsight limitation on signs, especially with the new highway going through. It was noted that there is a 15 foot limitation to the business zone however it is larger in the Industrial Zone. 23. Planner Mahana questioned why they had to wait for the Conservation Commission to designate Scenic Roads. It was noted that Town Meeting has already designated some. Planner Mahana noted that next year there may be some roads which the planning board feels is in this catagory and felt that they should be considered. Planning Director Maurer noted that there is going to have to be standards for these roads when they come in for hearings. This item to be put on a workshop agenda. 24. Chairman Parsons requested the Planning Director to have a memorandum prepared for the next meeting to discuss business zoning. It was noted that under Article 36 of the Annual Town Meeting that a new business zoning plan would have to be submitted to the 1978 Annual Town Meeting.. Clerk Tighd;­hoted that,.persons had commented to him that business zoning is going to be in demand at the proposed Route 140 and School Street interchange. Planning Director Maurer suggested that the Board meet at 7:00 next week to review the sites that could be rezoned for business use. It was the consensus of the Board to meet on June 1, 1977 at 7:00 P.M. 25, Planning Director Maurer suggested that the Board go through the Zoning By-law to see if there are any other areas that might be a confusion in the interpretation of the zoning, by-law. He noted that the Site Plan Approval Procedure would have to be reviewed in detail. 26. Chairman Parsons noted that he did not appreciate things getting out of line as they did at this meeting, especially Planner Mahana's remarks to Clerk Tighe and the intensity of the Planning Directors site plan review .remarks being brought out so bluntly in front of Mr. Clemmey and the Public. Planner Mahana noted that he said what he felt and that he had talked with Planner Plourde about the election of officers earlier and he himself was going to nominate Chairman Parsons, but he still felt it should have been done with a full board. Planning Director Maurer apologized to the Board for the way he talked to Mr. Clemmey, however he noted that he will not apologize to Mr. Clemmey because of the way Mr. Clemmey has presented himself to the Planning Director on many occasions during Town Hail hours. 27. Meeting adjourned (9:55 P.M.) C I erkw 77 ate