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