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HomeMy WebLinkAboutPlanning 10/19/1977MANSFIELD PLANNING BOARD AGENDA October 19, 1977 1. Call to order (7:30 P.M.) 2. Clerk's Report a) Correspondence b) Minutes of October 12, 1977 3. Warrant 4. Visitors Agenda 5. Old Business a) Status of Plans 1) Codex Corp. A Site Plan - Cabot B1ved. - 10/26/77 b) Bond Estimate - Jennie Lane c) Draft amendment to Section V -G 6. New Business a) Status of Plans - New Submissions b) Correspondence c) Public Discussion d) Date for Next Meeting e) Around the Table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES October 19, 1977 Present: Chairman Parsons Planners: Tighe-Mahana-Mangiaratti Planning Director Maurer 1) Motion: To appoint Planner Tighe Acting Clerk (Mahana-Mangiaratti, all in favor) VOTED 2) Letters were read from the following: Memorandum from Town Manager regarding budget meeting. SRPEDD notice of workshop City of Attleboro notice of zoning amendment City of Attleboro notice of zoning amendment Whitman & Howard to Planning Board regarding Chapter 808 Downtown Advisory Committee notice of meeting on October 24, 1977 Gene J. Ceccarelli to Planning Board requesting release of contingency. Cabot, Cabot & Forbes to Planning Board regarding securities for Industrial Park Zoning Board of Appeals to Planning Board regarding gravel removal application of Richard Morse Planning Board to Town Counsel regarding Karl Clemmey's subdivision plan. Planning Boardito Vincent'Lestan regarding limb on Willow,Street. Planning Board to National Endowment for the Arts regarding Livable Cities Program Board of Appeals notice of Public Hearing on the application of Edna Murray Board of Appeals notice of Public Hearing on the application of Dominic Cerreto 3) Board reviewed the Minutes of October 12, 1977. It was noted that page 3 of the minutes should read "It was noted thatthe Airport Commissions''` letter quoted the Massachusetts Aeronotics Regulations and that they did not know to what elevation the runway approach zone would intersect with the area being considered for rezoning." Minutes Page 2 October 19, 1977 Motion: To approve the Minutes of October 12, 1977 as amended. (Tighe®Mahana, all in favor) VOTED 4. Board reviewed the siteplan for Codex Corporation for land on Cabot Boulevard. Planning Director Maurer noted that the main entrance to the driveway came out to the island on Cabot Boulevard and they would have to make arrangements with Cabot, Cabot and Forbes to cut into the island. Planning Director Maurer noted that they have given very little information on the signing. Motion: To notify Codex that they are reluctant to approve the site plan until they have further information on the signing and until they have further information on the location of the island with theroposed driveway. (Tighe-Mangiaratti, all in favor VOTED It was noted that there was no trash receptical shown and no lighting shown. Planner Mangiaratti suggested that they ask for a floor plan so that they know the number of floors and height to see that it does not exceed the amount allowed in the Zoning By-law. Motion: To add to the letter to Codex requesting information on the trash receptical, lighting and the height of the building. (Mangiaratti®Mahana, all in favor) VOTED 5. Board reviewed the Bond Estimate for Jennie Lane. It was noted that the figures used are those approved by the Planning Board on July 21, 1976. Planning Director Maurer noted that the figures used are still high and do not need to be adjusted. It was noted that the figures are taken from the MEANS estimating manual. Planner Mangiaratti questioned what process would be required if Mr. C1emmey did not post the bond and the plan for Jennie Lane had to be rescinded. It was noted that they would have to notify the applicant, advertise the rescinding notice and then notify the Registry of Deeds. Planner Mangiaratti questioned if the situation was serious as he had sold the lots to his immediate family and they know the road will not be built. Planning Director Maurer noted that the situation is serious because they don't let other developers sell their property without securities. Motion: To approve the bond estimate as prepared by the Planning Director for Jennie Lane in the amount of $70,353.00. (Tighe®Mahana, all in favor) VOTED 6. Board discussed the draft amendment to Section V®G of the Zoning By-law. Planner Tighe noted that they had already discussed the draft and it is now time to either accept or reject portions of the amendment. Motion: To postone disucssion on the draft amendment to Section V -G of the Zoning By-law until more members are present. (Tighe-Mangiaratti, all in favor) VOTED Minutes Page 3 October 19, 1977 7. Board reviewed the Form A Plan for Frank & Kathleen Bonvie for land on Ware Street. It was noted that the remaining land of Bonvie was not shown on the locus, elevations of the brook and wetlands were not shown, and a note would have to be placed on the plan that endorsement of this plan does not imply approval of a future roadway in a future subdivision. Motion: To return the Plan for Frank & Kathleen Bonvie for land on Ware Street to have the above corrections made. (Tighe-Mahana, all in favor) VOTED Board discussed the preliminary subdivision plan for Leo Costanzo, owner and Rusty Evans, applicant for land off Pratt Street. Planning Director Maurer noted that the plan has not been submitted to the various departments for their recommendations. It was noted that the Board has not received a copy of the decision from the Board of Appeals on the 26 foot sdeyard measurement on the proposed street. 9. Board reviewed the letter from Paul Dalton of Cabot, Cabot and Forbes regarding the W.R.C. Properties, Inc. Mr. Dalton noted that they are not planning on putting the finished coat of pavement on the roadways until the Spring. He further noted that he would be meeting with W.R.C. Properties to discuss the status of the bonds for the development. Planning Director Maurer noted that W.R.C. Properties, Inc. is a corporation in Delaware. Motion: To write to the Secretary of State in Delawareand request pertinent information on W.R.C. Properties, Inc., including who the officers of the Corporation are. (Tighe®Mangiaratti, all in favor) VOTED 10. Board reviewed the letter from Gene J release of the..contingency on the wor the Peter's Park subdivision. It was work completed would be $1,050. held is $1,338.25, plus the Board is work on the drainage ditch. . Ceccarelli requesting the k that hes been completed within noted(_that the contingency on the 25. The entire contingency being still holding the $2,880 for the Planning Director Maurer felt that the entire contingency should be held until the project is completed as,?'Tf he defaults, there is not enough money in the account to complete the drainage ditch. Chairman Parsons noted that this has been discussed many times and that in the past they have always released the contingency on the items completed after one year. Planner Mangiaratti felt that they should hold the contingency as there is not enough money to complete the drainage ditch and it is the drainage ditch that is in litigation. Motion: To table the matter until the next meeting (Mahana MOTION LOST FOR WANT OF A SECOND Motion: To advise Mr. Ceccarelli that they will not release any of the remaining contingency until the problem of the drainage is corrected to our satisfaction. (Mangiaratti;Tighe, all in favor) VOTED Minutes Page 4 October 19, 1977 11. Board reviewed the letter from the Board of Appeals regarding the E earth removal project for.Richard Morse. It was noted that the abuttors were shown, additional borings were taken, seasonal high water established, and drainage will run away from the street instead of towards the street. It was noted by the Planning Director that the letter with the boring information is not stamped by an engineer. He noted that he took additional borings to find the water table but he has not adjusted the plan to this. Planning Director Maurer to study the plan and make a report to the Planning Board for the next meeting. 12. Board reviewed the Board of Appeals notice of Public Hearing on the application of Edna A. Murray to make an existing two family dwelling at 49 Union Street into a 3 family dwelling. There is also a single family dwelling on the property. Motion: To recommend to the Board of Appeals that the variance for Edna Murray not be granted as it would derogate from the purpose and intent of the Zoning By-law, there is no hardship shown on the land, and the change in the character of the neighborhood would contribute to the decline of the neighborhood (Tighe-Mangiaratti, all in favor) VOTED 13. Board reviewed the Board of Appeals notice of Public Hearing on the application of Domenic. Cerreto for a variance to add a three room in-law apartment to an existing dwelling located at 115 Otis Street. Motion: To recommend to the Board of Appeals that the variance for Domenic Cerreto be granted with the following restrictions: 1) That the variance be expressly limited in time to the life of the applicant and his or her spouse. 2) That the variance apply only for use of the in-law apartment by members of the applicant's immediate family by blood or marriage. (Mangiaratti-Tighe, all in favor) VOTED 14. Mrs. Jellinek came before the Board and noted that the wording in the warrant for the October 17, 1977 Special Town Meeting was not worded as she had submitted it. 15. It was the consensus of the Board to hold the next Planning Board meeting on Wednesday, October 26, 1977 at 7;30 P.M. 16. Planner Tighe noted that the Charter states that Town Counsel shall advise the Board's directly and felt that this is not in agreement with the Selectmens decision and felt that they are in violation of the Town Charter. Suggested that the Board consider this for the next meeting. Planner Mahana questioned who would institute a Charter amendment. It was noted that there has to be an article submitted for Town Meeting and, if passed, it is put on the ballot for the next Town election. Minutes Page 5 October 19, 1977 17. Chairman Parsons noted that Carl Nelson is hauling gravel out of his gravel pit on Williams Street. Planning Director Maurer noted that he was not aware of this. Motion: To request the Building INsepctor to check into the Carl Nelson gravel removal operation, and if found to be in operation, take the necessary legal action. (Tighe-Mangiaratti, all in favor) VOTED Planner Mahana noted that up on Schodl_Strett where the variance was received for the two homes with one driveway that there is an opening in the woods and he noted heavy truck marks. Chairman Parsons noted that the Conservation Commission has stopped this work. Planner Mahana noted that the old gravel pit up by Village Estates has a truck in there. 18. Chairman Parsons questioned how the Owens-Illinois retention area is doing during this heavy rain. Planning Director Maurer noted that he had not checked this. 19. Meeting adjourned at�1�0:00 P.M. Clerk /,rr, . d6. /977