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
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