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HomeMy WebLinkAboutPlanning 10/26/1977MANSFIELD PLANNING BOARD AGENDA October 26, 1977 1) Call to order (7:30 P.M.) 2) Clerk's Report a) Correspondence b) Minutes of October 19, 1977 3) Warrant 4) Visitors Agenda 8:00 P.M. - Richard Morse re. gravel removal operation. 5) Old Business a) Status of Plans 1) Codex Corp- Site Plan - Cabot Blvd. - 10/26/77 2) Frank Bonvie - Form A - Ware Street 3) Granada 'Park- Prelim. Sub. Pratt Street - 12/16/77 b) Draft Amendment to Section V -G c) Zoning Board of Appeals - Earth Removal Application of Richard Morse d) Decisions of Town Counsel in accordance with Charter e) 1978-79 Planning Board Budget 6) New Business a) Status of Plans - New Submissions 1) Hobbit Hollows - Prelim. Sub. - Chauncy Street - 12/19/77 2) Datel. Site Plan - Cabot Blvd. - 11/4/77 b) Correspondence c) Public Discussion d) Date for Next Meeting e) Around the Table 7) Adjournment MANSFIELD PLANNING BOARD MINUTES October 26, 1977 Present: Chairman Parsons Planners: Tighe, Hartmann, Mahana , Mangiaratti Planning Director Maurer 1) Motion: To appoint Planner Tighe acting Clerk. (Mahana-Hartmann, all in favor) VOTED 2) Letters were read from the following: Board of Selectmen notice of By -monthly Meeting on November 2, 1977 Southeast Region Cooperative Extension Service regarding Workshop on November 5, 1977 Minutes of Board of Health Meeting of October 12, 1977 Town Counsel to Planning Board regarding Karl Clemmey Subdivision Karl Clemmey to Planning Board regarding appointment on agenda Planning Board to Karl Clemmey regarding covenant for subdivision Planning Board to John Dunn regarding Peter's Park Downtown Advisory Committee to Board of Selectmen regarding the opening of Old Colony Way. Downtown Advisory Committee to Board of Appeals regarding variances within the Downtown area. Leo Costanta and Bruce Evans to Planning Board regarding Granada Park Richard Morse to Board of Appeals regarding earth removal application. Planning Board to Building Inspector regarding earth removal project of Carl Nelson State Department of Public Works to Karl Clemmey regarding access to relocated Route 140 Planning Board to Board of Appeals regarding application of Edna Murray Planning Board to Board of Appeals regarding applicationof Dominic Cerreto Planning Board to Michael Davies of Carlson Corp. regarding site plan for Codex Planning Board to John Sheehey, Right of Way Bureau regarding Hobbit Hollows. Minutes October 26, 1977 Page 2 Planning Board to Board of Selectmen regarding Hobbit Hollows Planning Board to Electric Light Department regarding Hobbit Hollows Planning Board to Board of Health regarding Hobbitt Hollows Planning Board to Conservation Commission regarding Hobbit Hollows Planning Board to Fire Chief regarding Hobbitt Hollows Planning Board to Department of Public Works regarding Hobbit Hollows Planning Board to Department of Public Works regarding Granada Park Planning Board to Fire Chief regarding Granada Park Planning Board to Conservation Commission regarding Granada Park Planning Board to Board of Health regarding Granada Park Planning Board to Electric Light Department regarding Granada Park Planning Board to Board of Selectmen regarding Granada Park Planning Board to Robert Reed, Secretary of State - Delaware - regarding W.R.C. Properties, Inc. Building Inspector to John Smith regarding earthrremoval on Balcom Street Building Inspector to Johnr,Walsh regarding Elm Street earth removal project Building Inspector to Carl Nelson regarding Williams Street earth removal Project Planning Board to�Gene J. Ceccarelli regarding release of contingency on Peters Park Planning Board to Frank Bonvie regarding Form A Plan for land on Ware Street Rodney Plourde to Planning Board regarding resignation from Planning Board Board of Appeals decision on the application of Wendell Jackson - granted Board of Appeals decision on the application of Camelot Trust - granted Board of Appeals decision on the application of Charles Holland - denied Board of Appeals decision on the application of Bruce Evans - denied Board of Appeals decision on the application of Rodney Stearns - granted Board of Appeals decision on the application of Rodney McCoy - denied'. Notice from Attleboro Planning Board regarding zoning; change Minutes October 26, 1977 Page 3 Notice from Attleboro Municipal Council regarding Planned Unit Development Motion: To accept the Minutes of October 19, 1977 as presented. (Tighe®Mangiaratti all in favor) VOTED i. Motion: To pay the warrant of October 31, 1977 in the amount of $103.51 (Mahana-Hartmann, all in favor) VOTED 5. Board discussed the Site Plan application for Codex Corporation on Cabot Boulevard. Planning Director Maurer noted that corrections had been requested by the Board and no additional information has been submitted. Board reviewed the Form A Plan for Frank Bonvie for land on Ware Street. It was noted that all of the requested corrections in the Planning Board's letter of October 20, 1977 had been made. Motion: To approve the Form A. -Plan for Frank Bonvie for land on Ware Street (Tighe®Mahana, all in favor) VOTED Board reviewed the preliminary subdivision plan for Granada Park. Planning Director Maurer noted that the plan has been circulated to the various department heads. He noted that one of the items of concern is the drainage and that this will have to be discussed after the comments are received from the various departments as it is going to drain on Town owned land. He also noted that when they were doing work for the Housing Authority property there was fill put on the property in the area of the roadway and there is water that is trappped in that area and a neighbor has expressed concern for releasing the water that was built up and the possibility of putting a relief on both sides of the roadway so it is not trapped on one side or the other. Board reviewed the applicants/owners request for a roadway easement to give the correct amount of area for the sidewalk and grass strip. Planner Mangiaratti noted that by granting this waiver that they are circumventing the decision of the Board of Appeals. It was noted that the Board of Appeals gave no reasonfor the denial of the variance. Board discussed the ownership of the property and right-of-way if this is granted. Chairman Parsons noted that Mr. Evans asked him what he would have to do to be able to sell the front lot. Chairman Parsons advised him that he would have to submit a Form A Plan and that the description of the easement for the roadway should be worked out by then. Board discussed the proposed amendment to Section V -G of the Zoning By-law, Earth Removal. Planner Tighe questioned if they approved this amendment a s presented and brought it to Town Meeting could they deliniate sections by Town Meeting Vote. It was noted that sections can be deleted but it can not be added to. P1anning.Director Maurer noted that they could hold the hearing on the entire package and then deliniate as needed. Planner Tighe noted that at the last meeting he discussed eliminating commercial operations in its entirety and that he realized after that he was being prejudice and that it was not up to him to determine this so it should be considered and if the Town meeting wants to deliniate it they can. Planner Mahana felt that the Board should present the entire package and make a statement that they are opposed to commercial operations and leaving it up to the Minutes October 26, 1977 Page 4 discretion of the voters. Planner Mangiaratti felt that they would get more feedback at the Public Hearing if they eliminated the commercial operation as it is the most contraversal par tof the section. Planner Tighe noted that the difficulty with eliminating it would be that the persons attending the hearing would only be those opposed to the elimination as other persons would feel it not necessary to come. Planner Mangiaratti felt that the Board should consider a role of leadership in this regard. Planning Director Maurer noted that an informational public hearing could be held prior to the wording of the actual article for Town Meeting. Planner Tighe noted that in this instance he would be in favor of eliminating commercial operations. Planning Director Maurer noted that if they are going to eliminate commercial operations that they would have to give sufficient reason. Commercial operation to be redefined to include any earth removal that is not a pond restoration, subdivision, or surplus material as defined hereunder. Planner Mangiaratti noted that he would be in favor of eliminating commercial operation to preserve the character of the Town and the usefulness of the land within the Town. Planner Hartmann felt that commercial operations -should be strict but not eliminated. He noted that the only reason to eliminate it would be because of the low profile of the Town. Chairman Parsons felt that he would like to leave the commercial operations in for the informal public hearing in January. Motion: To initiate an informative public hearing on the Zoning By-law Earth Removal Section and that primarily the Planning Board proposal be made public as excluding future commercial gravel removal operations. The refining of definitions and rewording of the proposal will follow. (Mangiaratti-Mahana, Tighe in favor, Hartmann opposed) VOTED Board discussed the quantity of material being removed which would constitute a commercial operation or surplus material. It was noted that they had decided it would not be necessary to have a permit for surplus material. It was noted that whena public hearing is held for the subdivision plans that included in the hearing they can hold a joint hearing on the removal of material for the installation of required improvements. It was noted that a Public Hearing would also be required for pond restoration. Planner Hartmann noted that on pond restoration if they had a 5:1 slope throughout it would be easier to regulate'' and achieve the same purpose. He also noted that the shoreline should be taken at the lowest water level. Section V -G Earth Removal to be revised for the Board's review at the next meeting. Board discussed the earth removal application for Richard Morse. Board also reviewed the Planning Director's Memorandum of October 25, 1977. Motion: To recommend to the Board of Appeals that the earth removal application for Richard Morse be disapproved becuase it does not conform to the Zoning By-law as noted in the Planning Directors Memorandum of October 25, 1977. (Tighe-Mahana, all in favor) VOTED Minutes October 26, 1977 Page 5 10. Board discussed the Selectmen's policy of referring all of Town Counsels request for opinions to the Town Manager, in accordance with the Town Charter. It was noted that this policy was in violation of the Town Charter as the Town Charter, Section 7-12 states that he shall directly advise Town boards in matters of law. Motion: To send a letter to the Board of Selectmen advising them that their policy with regard to Town Counsel was in violation of Article 7 Section 12 of the Town Charter. (Tighe-Mangiaratti, all in favor) VOTED It was noted that there is no additional expense to.the Town for asking Town counsel for an opinion. 11. Board reviewed the Planning Board budget for 1978-79 as prepared by the Planning Director. Motion: To approve the 1978-79 budget in the amount of $2,525.00 as prepared by the Planning Director (Tighe -Hartmann, all in favor) VOTED 12. Board reviewed the preliminary subdivision plan for Hobbitt Hollow for land on Chauncy Street. Planning Director Maurer noted that the state Department of PUblic Works has been sent a copy of this plan as the proposed.relocation of Route 140 will go right through the subdivision. It was noted that the plan has been circulated to the various department heads>.for`�thei.r comments. Motion: To table action on the preliminary subdivision plan for Hobbit Hollow. (Tighe -Hartmann, all in favor) VOTED 13. Board reviewed the site plan application for Datel Systems, Inc. for land on the corner of Forbes Boulevard and Oxford Road. Planning Director Maurer noted that the only itmes not shown is the elevation and height of the building and the signing. It was noted that this would be for the manufacture of electronic components. Motion: To advise the applicant that the Planning Board will not take action on the site plan application for Datel Systems, Inc. until the elevation and height of the building and the signing is shown on the plan. (Tighe-Mangiaratti, all in favor) VOTED 14. Board discussed the letter from Rodney Plourde submitting his resignation to the Planning Board. Motion: To accept the resignationof Rodney Plourde and thank him for his service to the Town and Board. (Tighe -Hartmann, all in favor) VOTED Minutes October 26, 1977 Pagc 6 15. Board discussed the letter from Karl Clemmey requesting time on the Planning Board's agenda for the next meeting. Motion: To notify Mr. Karl. Clemmey that he will be on the agenda for the next scheduled meeting of the Planning Board. (Tighe-Mangiaratti, all in favor) VOTED 16. It was the consensus of the Board to hold the next Planning Board meeting on November 2, 1977 at 7:30 P.M. 17. Mrs. Jellinek came before the Board and questioned how many parcels were originally owned by Cabot., Cabot and Forbes. Planning Director Maurer noted that he did not have this information. Mrs..Jellinek noted that there were 23 parcels transfered to W.R.C. Properties, Inc. She noted the `:Board should find out if the 600 acres is still owned by Cabot, Cabot and Forbes or if it was transferred to individual owners. (Planner Hartmann Left the room and did not participate in any discussion.) Planning Director Maurer noted that Mansfield Trust sold off their property to W.R.C. Properties, Inc., for vacant land only. He noted that there are some buildings that are still owned by persons that are principals of Cabot, Cabot and _Forbes. 18. Meeting adjourned at 10:10 P.M. Clerk Date