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HomeMy WebLinkAboutPlanning 06/15/1977MANSFIELD PLANNING BOARD AGENDA June 15, 1977 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of June 1, 1977 3. Warrant 4. Public Hearing - 8:00 P.M. - Flood Insurance Provisions 5. Visitors Agenda 8:30 P.M. Karl Clemmey - Site Plan and Subdivision 8:45 P.M. Delores Bensd'n - Re Variance 9:00 P.M. Barbara and Louis Tarsa - Site Plan on Chauncy Street 6. Old Business ;�,��-/`7��cy< j/,��E _ e?,, a. Status of Plans 1) Beachwood Estates - Def. Sub. - Short/Ware Street - 7/15/77 2) Karl Clemmey - Def. Sub. - West Street - 6/26/77 3) Brian McLaughlin - Site Plan - Copeland Drive fl4 Kart Clemmey - Site Plan - West Street 5 Frederick J. Goguen - Form A - School Street - 6/21/77 6) Edward J. Tartufo - form A - Tremont Street = 7) Rustic Acres - Definitive Sub- Re-sign 8.)\\ Wm. // Ber//tarell li - Form A - Maple/Bird - J! ��N�/!E✓ G--J.rl�4�// "" ¢G3i�s/a'J �/y �>�lGra+s�/ �f%`, ,{ �l ✓! Lr �rs% �j� a7 ^ . �Oli3'i -!{d'G'G%//L� 't/ O`, /� � b. nd Estimate - Rustic Acres ' .�' c. Peter's Park 7. New Business a. Correspondence b. Public Discussion c. Date for next meeting d Around the Table 8. Adjournment Date for Meetings - Special Town Meeting - 6/28/77 at 7:30 P.M. Planning Board Public Hearing on Zoning Petition - 6/22/77 at 8:00 P.P MANSFIELD PLANNING BOARD MINUTES June 15, 1977 Present: Clerk Lesuer Planners: Mahana, Tighe, Hartmann, Plourde, Mangiaratti Planning Director Maurer 1. Motion: To appoint Planner Plourde acting clerk. (Tighe -Hartmann, all in favor) VOTED 2. Letters were read from the following: Robert Currivan to Planning Board regarding site plan for Brian McLaughlin Conservation Commission to Kelton Potter regarding release of lot 4 on Branch Street Conservation Commission to Board of Health regarding Plantingfield Road. Gene Ceccarelli to Planning Board regarding securities for Peter's Park. Attorney General to Town Clerk regarding Articles 1 and 5 of the Special! Town Meeting Norfolk County ,Trust Company to Planning Board regarding Letters of Credit for Elmwood Park Planning Board to Mansfield Cooperative Bank regarding Peter's Park securities Planning Board to Karl Clemmey regarding subdivision off West Street Planning Board to Town Counsel regarding subdivision off West Street Planning Board to Frank Allen regarding Beachwood Estates Regional Land Program to Planning Director regarding visual improvement program for downtown Mansfield Notice of Public Hearing from the Town of Plainville Notice of Public Hearing from the Town of Foxboro Board of Appeals notice of Public Hearing on the application of Old Colony Motors Board of Appeals notice of Public Hearing on the application of Delores Benson Board of Appeals notice of Public Hearing on the application of Paul Jodice -2 - Minutes June 15, 1977 Board of Health Minutes of June 8, 1977 Board of Health Minutes of May 25, 1977 Board of Health Minutes of June 1, 1977 Habitat Courses summer program 1977 3, Motion: To approve the Minutes of June 1, 1977 as presented. (Mahana-Tighe, all in favor) VOTED 4. Motion: To approve the warrant of June 21, 1977 in the amount of $30.47 (Tighe-Mahana, all in favor) VOTED 5. Planner Tighe noted that there had been several plans added to the agenda since the close of the agenda on Monday. Motion: To strike items #9, 10, 11 and 12 from the Status of Plans on the Agen of June 15, 1977 and postpone them to the next meeting. (Tighe-Mangiaratti, all in favor) VOTED 6. Board discussed the Beachwood Estates subdivision. Planning Director Maurer noted that the engineer is preparing the off-site drainage plan. 7. Board reviewed the siteplan for Brian McLaughlin for land on Copeland Drive. Board reviewed the plan in conjunction with their letter of May 13, 1977. It was noted that there was a discrepancy between the plan and the letter from the abuttor giving permission to enter their property as there was a letter from Robert Currivan and his name did not appear as an abuttor. Planning Director Maurer noted that there was a discrepancy in the grading around the building. 8. At 8:00 P.M. the Planning Board held the required Public Hearing on the proposed revision to the Zoning By-law Section V -L, Flood Insurance Provision. Transcript of that hearing is on file. 9. Board continued to review the site Plan for Brian McLaughlin for land on Copeland Drive. The Board noted that even if they feel there is a steep slope the contours are shown as is requested. It was noted that they will need state permission for the curb cuts as well as permission to connect to the state dfainage. Motion: To approve the site plan for Brian McLaughlin for land on Copeland Drive, subject to the abutters giving permission prior to the construction of the retaining wall. (Mahana-Tighe, all in favor) VOTED 10. Board reviewed the Form A Plan for Frederick Goguen for land on School Street. Motion: To approve the Form A Plan for Frederick Goguen for land on School Street. (Tighe -Hartmann, all in favor) VOTED - 3 - Minutes June 15, 1977 11. Board met with Engineer James Freeman, Attorney Bennett and applicant Karl Clemmey to discuss the definitive subdivision plan off West Street. Mr. Freeman noted that hb showed the cross-section of the stone wall as requested by the Board and noted that he examined the wall quite thoroughly. Attorney Bennett noted that to the best of his knowledge, with the exception of showing the proposed relocation line of Route 140, that his client had complied with the requirements of the Planning Board. He noted that they requested the relocationline under Section III -C -2-d of the Regulations and noted that the proposed relocation of Route 140 does not come into this section as it only refers to streets within the subdivision. He noted that Route 140 is not definite and that it has been his experience that a proposed road like this is changed many times before it is finalized. He noted that Mr. Clemmey would prefer not putting it on. Mr. Clemmey questioned where the plan on the table had come from, which was a plan of his subdivision with a red line showing the proposed Route 140. Planning Director Maurer noted that the State DPW put the red lines on it. Mr. Clemmey demanded that the Board remove this from the table as they had no right to send his plans to the state. He noted that the plans belonged to him not to the Planning Board and he did not request that this be sent to the State. Planning Director Maurer noted that it was the practice of the Planning Board in the past that, when they are aware of a state road in the general area of a subdivision, they send the plans to the State DPW for their review. He noted that this was done for Walnut Park and they showed the proposed right of way for Route 140, diagonally across the street from this one was a plan for Alperin which was forwared to the State DPW and marked on his plan, and when the Vazza plan was submitted on So. Main Street the plan was forwarded to the State and that the action taken on Mr. Clemmey's plan was no different from what they had done on any other plans. He noted that this red mark was on the plan that was exhibited at the first public hearing several months ago. Planner Plourde noted that they had attended a Public hearing on the proposed relocation of Route 140 and Mr. Charrette from the State advised at that Public Meeting that the location of Route 140 could change slightly however the alignement was fixed. Mr. Clemmey again noted that the plans belong to him and that this has been going on since last January. He noted that the Planning Board has sent certified mail to the state regarding this subdivision and the Planning Director was wrong to have sent his plans to the state. Attorney Bennett noted that the Planning Board does not have the authority to require Mr. Clemmey to show the proposed relocated Route 140 on his subdivision plan as it does not come under Section III -C -2-e of the regulations. Mr. Clemmey read a letter that he had sent to Town Counsel and noted that the state has not taken the property or recorded anything on the relocation. Acting Chairman Lesuer read the letter from the Planning Board to Town Couneel dated June 3, 1977 and Mr. Grady's response dated June 8, 1977 regarding this matter. Town Counsel noted that this could not be requested to be put on the plan, however the Planning Board's minutes could reflect that they have requested the applicant to put this on the plans. -4 - Minutes June 15, 1977 The Board noted that they had requested the applicant to place the relocation of Route 140 on the West Street subdivision plan and that the only reason that it is not shown is because of the opinion from Town Counsel. Planning Director Maurer noted that in other subdivisions with '(roads going through that people purchasing the lots come to the town hall and accuse the Planning Board of being negligent in meeting its obligation He noted that the Planning Board is not being negligent, but is being left off under the advise of Town Counsel. Motion: To approve the definitive subdivision plan for Karl Clemmey for land off West Street. (Tighe-Mahana, all in favor) VOTED Mr. Clemmey requested that his plan, which the State had marked up, be returned to him as it was his. He noted that he will give the Planning Board as many copies as they want and that the plan belongs to him and advised that the plan should be returned to him at once. Mr. Clemmey requested a 5 minute recess with his attorney. Planner Mahana noted that the request from the State was one in good faith. It was noted that the plan should be on file in the Planning Board. Motion: To recess for five minutes as requested by Mr. Clemmey. (Tighe-Mangiaratti, all in favor) VOTED After the five minute recess Mr. Clemmey's attorney advised that Mr. Clemmey was withdrawing his request to have the plan returned. 12. Board discussed thesite plan application for land on West Street belonging to Mr. Karl Clemmey. It was noted that the Agricultural zone had been marked and noted on the plan that it can not be usedfor storage or parking or any other use incidential to the industrial use, as requested by the Board. Motion: To approve the site plan for Karl Clemmey for land on West Street. (Tighe-Mahana, all in favor) VOTED 13. Board met with Delores Benson and Ed Benson to discuss a rgquest of Mrs. Benson for a variance to divide a lot and make one non -conforming lot in the Residence C zone. Mrs. Benson noted that she was going before the Appeals Board on Tuesday, June 28th to request a variance to divide her lot on Pratt Street. She noted that the lot with the existing 5 unit apartment building will conform to the zoning in effect when the special permit was granted and that she is 2.84 feet short in frontage for making another lot. She noted that she did not want to sell the land or build on it that she only wanted to record it as a separate lot so that when she and Mr. Benson can no longer maintain there large house they will have property to use. She noted that she is aware that a variance is only good for one year and that she will have to have it renewed yearly, but was willing to do so. Board advised that they will take this under consideration. -5 - Minutes June 15, 1977 14. Board met with Mrs. Margot Jellinek to discuss the Camelot at Mansfield subdivision. She noted that Mr, Antosca came before the Board of Health and requested that the lots be approved that have not been perked and that he noted that he will go before Mr. Maurer and Mr. Cook and they will give him the gravel removal permission. She noted that what bothered her was that he strongly implicated Mr. Maurer. She noted that the Board had hdvised the Building Inspector that a gravel removal permit was needed from the Board of Appeals. Mrs. Jellinek sited page 24 of the Zoning By-law regarding gravel removal, and sited copies of the Board of Health minutes disapproving the lots in Camelot. 'Mrs, Jellinek advised that she just wanted to make the Board aware of this. 15. Board reviewed the Form A Plan for Edward J. Tartufo for land on Tremont Street. Motion: To approve the Form A Plan for Edward J. Tartufo for land on Tremont Street. (Tighe -Hartmann, all in favor) VOTED 16. Board reviewed the revised plans for Rustic Acres, which showed the . approval of the Conservation Commission. Motion: To endorse the Rustic Acres subdivision plan as approved in accordance with the Planning Board's letter of May 13, 1977. (Tighe -Plourde, all in favor) VOTED 17. Board reviewed the Form A Plan for William Bertarelli for land on the corner of Maple Street and Bird Road. It was noted that the plan had been returned to have the Form A description corrected. It was noted that this had been corrected as requested. Motion: To approve the Form A Plan for William Bertarelli for land on the corner of Maple Street and Bird Road. (Tighe-Mahana, all in favor) VOTED 18. Board reviewed the bond estimate for Rustic Acres prepared by the Planning Director on June 8, 1977. Motion: To approve thebond estimate for Rustic Acres in the amount of $79,718.76. (Tighe -Plourde, all in favor) VOTED 19. Board discussed the Peter's Park subdivision. Planning Director Maurer noted that there are several problems with the Peters Park subdivision. He noted that inMay there was a letter received from Attorney Brais requesting the release of all the securities because he felt his client had completed all the work. At that time the Board was holding $5,688.25. After meeting with the Ceccarelli`s and Mr. Brais the Board advised on May 20, 1977 that the value of the work to be completed was $4,718.25. There is a difference of $890. Mrs. Ceccarelli called and wanted the $890 released and was advised that this would take Planning Board action. About one week ago the Board recieved notification from the Superior Court that they are going for action in the Superior Court against the Planning Board for the return of $2,880, which is being -6 - Minutes June 15, 1977 held for the loam and seeding of the drainage ditch. Town Counsel is in the process of returning a statement on the complaint, Motion: To release $,890.00 for Gene J. Ceccarelli from the Mansfield Cooperative Bank savings account #6186, plus all accrued interest, (Mahana-Tighe, all in favor) VOTED 20. Board reviewed the Zoning Board of Appeals application for Old Colony Motors for the expansion of a non -conforming use in a residence zone. Motion: To recommend that the variance be granted with the condition that since it is a business use that it go through the site plan review procedure. (Mahana-Hartmann, all in favor) VOTED Planner Tighe noted that he did not like the idea of expanding an automobile dealership so close to the Town, however,; there was no other place for them under the Zoning By-law. 21. Board reviewed the Zoning Board of Appeals application for Delores Benson to divide a parcel of land on Pratt street into two lots, one which would be non -conforming in frontage. It was noted that there is an article on the warrant for the town meeting to sell this parcel to her. It was noted that there could be no hardship found. Motion: To recommend to the Board of appeals that the variance for Delores Benson not be granted. (Tighe -Hartmann; Mahana in favor, Mangiaratti, Plourde abstained) VOTED 22. Board reviewed the Board of Appeals notice of Public Hearing on the application of Paul Jodice for land on 13 Robin Hill Road, It was noted that this was previously before the Board of Appeals and that the Planning Board had recommended disapproval and the Board of Appeals granted approval, then the residents of the area filed an appeal. The frontage was settled by all interested parties and they were advised to go back for a variance on the lot size, He noted that the reason`the:Flanndrog Board recommended disapproval was because at the time of the request for the variance the applicant was not the owner but has since purchased the property. However, he purchased the 1-p property knowing that a variance was needed, so no hardship can be demonstrated. Motion: To recommend that the Board of Appeals not grant the variance for Paul Jodice. (Tighe -Hartmann, all in favor) VOTED 23. Board reviewed the letters from the Norfolk County trust Company for an extension of time for the Letters of Credit for Elmwood Park until July 5, 1978. Motion: To grant the extension of time for the letter of Credit #01211 in the amount of $6,689.04 and Letter #01156 in the amount of $41,161,12 until July 5, 1978; Mghe�M04na, 41.1 in f4m) VOTED -7A Minutes June 15, 1977 24, Board reviewed the letter from the Attorney Generals office advising the Town Clerk that he did not approve the 2 zoning articles at the Special Town Meeting as it was only posted 8 days prior to Town Meeting instead of 14 days, as it was a special town meeting It was noted that these articles would have to either be repetitioned or sponsored by the Planning Board, 25. Mrs, Jellinek noted that sheis very upset th&t she did not get notified of the failure of the articles sooner so that she could have refiled for the warrant at the special town meeting to be held June 28, 1977, It was noted that the Town Clerk was notified on June 9, 1977, 26, It was the consensus of the Board to hold the next Planning Board meeting on June 22, 1977 at 7:30 P.M, 27. Planning Director Maurer advised the Board that the governor signed into law the act authorizing the Town of Mansfield to acquire easements, which is the last major obsticle in getting state approval on the sewer plant. He noted that the first article on the special town meeting was for the appropriation of more money to acquire the railroad right-of-way from the Norton line to the Taunton line, but the application to the federal government includes a reimbursement provision of the work money that has been spent. Urged the Planning Board members to vote for this. 28. Planning Director Maurer noted that on next weeks agenda is scheduled a meeting with the Foxboro Planning Board to discuss business zoning. He noted that he will be sending out material prior to this, 29. Meeting adjourned at 10:15 P.M. — 'c ,'i) C. , S' LeA da