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HomeMy WebLinkAboutPlanning 10/05/1977MANSFIELD PLANNING BOARD AGENDA October 5, 1977 1) Call to order (7:30 P.M.) 2) Clerk's Report a. Correspondence b. Minutes of September 28, 1977 3) Warrant 4) Public Hearings: 8:00 P.M. - Rezoning Gilbert Street 8:30 P.M. - Rezoning Short/Ware Street 9:00 P.M. - Earth Removal Regulations 5) Visitors Agenda 9:30 P.M. - Paul Dalton 9:45 P.M. - Margot Jellinek Re. W.R.C. Properties, Inc. 6) Old Business a. Status of Plans - (previously submitted) 1) Phillip Hatch - Form A - Central Street 2) Lloyd Keith - Form A - Central Street b. 1978 Proposed Zoning Amendments ' c. Board of Appeals application pf Michael Depalma 7) New Business a. Status of Plans - (new submissions) b. Correspondence c. Public Discussion d. Date for next meeting e. Around the Table 8) Adjournment MANSFIELD PLANNING BOARD Minutes OCTOBER 5, 1977 Present: Chairman Parsons, Clerk Lesuer Planners: Tighe, Hartmann, Plourde, Mangiaratti Planning Director Maurer 1. Letters were read from the following: Memorandum from the DPW Director to the Town Manager regarding the drainage in the Allen Subdivision out to Ware Street Cabot, Cabot and Forbes to Planning Board regarding utility cuts and finish coat within the industrial park. Memorandum from the Town Manager to all Department Heads, Boards and Committees regarding requests for Town Counsels legal services. Easton Planning Board requesting Zoning Map. Building Construction Report for the Month of September, 1977 Massachusetts Federation of Planning Board's Newsletter Massachusetts Department of Community Affairs Newsletter Copy of greif filed in Superior Court regarding Peter's Park Planning Board to Lloyd M. Keith regarding Form A Plan on Central Street Planning Board to Building Inspector regarding siteplan application for Douglas Real Estate Planning Board to Cabot, Cabot and Forbes regarding completion of roads within the industrial park Planning Board to Board of Appeals regarding application of John M. Conner. Planning Board to Board of Appeals regarding application of Dominic Cimino Planning Board to Board of Appeals regarding application of Alexander Motyka Board of Appeals decision on the application of Amos Robinson - granted Board of Appeals notice of Public Hearing on the application of Michael DePalma Minutes October 5, 1977 Page 2 2. Motion: To approve the Minutes of September 28, 1977 as presented. (Tighe-Lesuer, all in favor) VOTED 3. Motion: To approve the Warrant of October 4, 1977 in the amount of $79.91 (Tighe-Lesuer, all in favor) VOTED 4. Board reviewed the Form A Plan for Phillip Hatch for land on Central Street, along with the Planning Boards letter of September 29, 1977. It was noted that the frontage and remaining land of the applicant was now graphically shown and the statement over the Planning Board's signature block had been corrected. Motion: To sign the Form A Ptah for Phillip Hatch for land on Central Street. (Mangiaratti-Plourde, all in favor) VOTED 5. Board reivewed the Form A Plan for Lloyd Keith for land on Central Street along with the Planning Board's letter of September 29, 1977. It was noted that the Zoning classification has been corrected. Motion: To sign the Form A Plan for Lloyd Keith for land on Central Street. (Lesuer-Plourde, all in favor) VOTED 6. Board reviewed the draft amendment to the Zoning By-law, Section V -G, Earth Removal, as prepared by the Planning Director. Planner Tighe suggested on page 2, Item 2 -a -ii -c be changed to 6 feet above the water table instead of 4 feet. Planner Mangiaratti suggested that there be a time period in which the water table borings can still be considered valid. Planner Hartmann and Clerk Lesuer noted that even if the borings are old that theyoovld '0411 1d• bOPLhQ • Water'°"""'"' It was suggested by the Planning Director that there be a season in which the borings can be taken. Planning Director Maurer noted that on the application for Richard Morse that the old borings taken did not find ground water but the water table was reached on the new borings. To be discussed further. 7. At 8:00 P.M. the Planning Board held the required Public Hearing on the petition of citizens for the Rezoning of land on Gilbert Street from the present classification of Industrial to the classification of Agricultural. Transcript of that hearing is on file. 8. Board continued to discuss the draft amendment to the Zoning By-law, Section V -G, Earth Removal. Planner Mangiaratti questioned how the Board of Health handles their borings. It was noted that they are good for one year and a one year extension is granted upon request. This is to be reviewed by the Board and discussed further at the next meeting. Planner Mangiaratti questioned why the operation had to be 6 feet above the ground water and questioned if this was the case in other Towns or were they higher or lower. Planning Director Maurer noted that the Bristol County Conservation Commission set the 4 feet above the water level and that this was in conflict now because a Town Meeting vote raised it to 6 feet above the water table, which made it more compatible be 1 Minutes October 5, 1977 Page 3 with the building of leaching fields. He noted that other Towns do not have a standard for the boring depths. Planner Mangiaratti questioned the status of the Morse application. Planning Director Maurer noted that the Board of Appeals has returned the application to Mr. Morse and asked him to comply with the Planning Board recommendations. Planner Mangiaratti questioned if the Board wanted toccrosrider commercial operations being eliminated. It was the consensus of the Board that they did not want commercial operations eliminated. Mrs. Jellinek came before the Board and questioned who was the owners of W.R.C. properties, Inc. and where were they registered. (Planner Hartmann left the meeting and did not participate in any discussion.) Mrs. Jellinek noted that they were not registered in Massachusetts as an Inc. or Trust and questioned in what State they were registered. Mrs. Jellinek noted that the Town Meeting will be voting whether or not to accept the roads within the industrial park without the one year waiting period after the finish coat is but on and felt if the Planning Board was going to recommend this acceptance then they should be able to tell the voters who W.R.C. properites are and where they are Registered. Mrs. Jellinek noted that if the finish coat was going to wait for one year she would not be concerned with this. Chairman Parsons noted that Cabot, Cabot and Forbes is still the mangement for the Industrial Park and that is who the Planning Board is dealing with. Planner Mangiaratti felt this was a very good question and should be answered. Planner Tighe noted that when they are dealing with a subdivision they deal with the owner as that is who they have the agreements with. He felt that they should tell W.R.C. Properties that they are dealing with Mansfield Trust with Cabot, Cabot and Forbes as their agent. He felt they should have been officially notified from Mansfield Trust if a transferiwas made. 10. Board discussed the Board of Appeals application for Michael DePalma for a Variance to allow a 15 foot rear yard setbeck at 4 Dane Street. Board reviewed the plan submitted to the Board of appeals. It was noted that because of the soil conditions there is only one area to put the leaching field and this does not leave enough area for the setback on the house. Planner Mangiaratti noted that this was a definite hardship on the land. Planner Tighe noted that his only concern was the problems that have been arising in the area with septic systems and noted, however, that this was a Board of Health matter. Motion: To recommend to the Board of Appeals that the variance for Michael DePalma be granted. (Lesuer-Tighe, all in favor) VOTED. Minutes October 5, 1977 Page 4 11. At 8:00 P.M. the Planning Board held the required Public Hearing on the petition of citizens for the rezoning of land on the corner of Short and Ware Street from the present classification of Industrial to the classification of Agricultural. Transcript of that hearing is on file. 12. Board discussed the position of W.R.C. Properties, Inc. (Planner Hartmann did not participate in any discussion.) Motion: To send a letter to Mr. Paul Dalton, Vice President of New England Engineering at Cabot, Cabot and Forbes Co. and call to his attention the fact that the Mansfield Planning Board agreements are with Mansfield Trust and that if Mansfield Trust no longer has responsibilities in this matter then the Mansfield Planning Board should be officially notified of this with documentation including an explanation of who W.R.C. Properties, Inc. are in relationship to the Mansfield Trust and where they are R6gistered. (Tighe-Mangiaratti, Lesuer, Plourde in favor, Hartmann Abstained) VOTED Chairman Parsons questioned who is responsible ifsomething goes wrong with the road in the spring after it is accepted. Planning Director Maurer noted that in the case of a few subdivisions that the securities were held. It was questioned whose name was on the bonds. It was noted that it was Mansfield Trust. It was the consensus of the Board to advise Cabot, Cabot and Forbes that they intend to hold the bonds until November of 1978, one year after the finish coat is installed on the roadways. 13. Board discussed the request from the Easton Planning Board for an up -dated copy of the Mansfield Zoning By-law. It was the consensus of the Board to advise the Easton Planning Board thatthere have been no changes in the Mansfield Zoning By-law since the last copy was sent to them. 14. Board discussed the Memorandum from the DPW Director to the Town Manager regarding the drainage in the Beachwood Estates out to Ware Street. It was noted that the Town did not want the drainage extended. It was the consensus of the Board to send a letter to Mr. Allen advising him that the Board is waiving the condition that the drainage be extended to Ware Street. 15. Planner Tighe questioned if the Planning Board was receiving the Board of Health Minutes. It was noted that the Board bf Health has not been meeting due to lack of quorums. 16. Planner Mangiartti felt that they should get a street map and a color coded zoning map on the wall of the meeting room to decorate it. 17. At 9:00 P.M. the Planning Board held the required Public Hearing on the petition of the Planning Board to put a moritorium on Section Minutes October 5, 1977 Page 5 V -G, Earth Removal, of the Mansfield Zoning By-law. Transcript of that hearing 'is on file. 18. Board discussed the Zoning Article for the moritorium on Section V -G of the Mansfield Zoning By-law. Plnnner Mangiaratti noted that the point was raised during the Public Hearing regarding the removal of excess material for the purpose of installing foundations. Planning Director Maurer noted that this could be corrected during Town Meeting. 19. Board reviewed the amended site plan for Christian and Schromm for land at 100 Copeland Drive. It was noted that there is another entrance on Wood Avenue, they are moving the location of the trash receptacle and they are widening the island so that a sign can be installed. It was noted by the Planning Board that the plan still conforms to the Mansfield Zoning By-law and that no action was required on their part. 20. Planning Director Maurer noted that a few weeks ago a letter was sent to Mrs. Carol Thomas advising her to proceed with the application for the Downtown Revitalization Program with the understanding that the only obligation on the part of the Town was in-kind services, such as the Planning Director, Secretary and Materials. The total amount of inkind services from the Town amounts to $15,000 over a years time. It was noted that they, in return, would receive $15,000, of which $13,500 goes to the consultant and $1,500 goes to the Town. Planning Director Maurer questioned if the Board wanted to go forward and submit the application. It was the consensus of the Board that this item should be put on the agenda for the next meeting and copies of the application to be forwarded to the Planning Board members. Planner Tighe felt that the figures of 45% of the Planning Directors time was quite high and if asked to be justified they could not be. It was noted that the deadline for submission of the application was the 15th of October. It was noted that Ronald Reed had received the resignation of Stephen Lanzilla from the Downtown Advisory Committee. Planning Director Maurer questioned if the Town was getting more money back instead of it all going to the consultant would Planner Tighe then be in favor of the application.. Planner Tighe felt that the figures could not be justified and should not be submitted. 21. It was the consensus of the Board to hold the next Planning Board meeting on October 12, 1977, at 7:30 P.M. 22. Mrs. Jellinek cameibefore the Board and noted that Town Counsel gave his opinion on the restoration of Kingman Pond as landscaping, but this was never challenged. She noted that she has.a letter from Arthur McKinnon regarding the removal from ponds and his opinion is just the opposite from Town Counsels. She noted that Town Counsels opinion is only good until it is challenged in court. Minutes October 5, 1977 Page 6 23. Meeting adjounred at 9:35 P.M. NJ