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HomeMy WebLinkAboutPlanning 11/02/1977MANSFIELD PLANNING BOARD AGENDA November 2, 1977 1) Call to order (7:30 P.M.) 2) Clerk's Report as) Correspondence b) Minutes of October 26, 1977 3) Warrant 4) Visitors Agenda 8:00 P.M. Karl Clemmey - Re. Jenney Lane 8:30 P.M. Margot Jellinek - re. Cabot, Cabot & Forbes Industrial Park 9:00 P.M. Donald Ploof - Industrial Zoning - West Mansfield 5) Old Business a) Status of Plans 1) Codex Corp. -Site Plan - Cabot Blvd. - 2) Granada Park - Prelim. Sub. - Pratt Street - 12/16/77 3) Hobbit Hollows - Prelim. Sub. - Chauncy Street - 12/19/77 4) Datel Systems, Inc. - Site Plan - Cabot Blvd. b) Draft amendment to Section V -G - Revised 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 November 2, 1977 Present: Chairman Parsons,Clerk Lesuer Planners: Tighe, Mahana, Hartmann, Mangiaratti* Planning Director Maurer 1. Letters were read from the following: Home Developers, Inc. to Planning Board requesting release of securities from Rustic Acres for installation of water lines Planning Board to Board of Selectmen regarding Town Counsel Planning Board to Rodney Plourde regarding resignation from Planning Board Notice of Public Hearing from Town of Foxborough Annual Report from the Bristol Conservation District Board of Health to Planning Board regarding preliminary subdivision plan for Granada Park Board of Health to Planning Board regarding preliminary subdivision plan for Hobbit Hollows Notice of Public Hearing from the Town of North Attleboro. Minutes of the Board of Health Meeting of October 19, 1977 Planning Board to Karl Clemmey regarding appointemnt on agenda Planning Board to Simms, Maini, McKee regarding Datel Systems site plan application. Planning Board to Board of Appeals regarding earth removal application for Richard Morse Notice of Public Hearing from the Town of Easton Board of Selectmen to Planning Board regarding Granada Park Building Construction for month of October, 1977 Board of Appeals notice of Public Hearing on the application of Karl C1emmey Board of Appeals notice of Public Hearing on the application of Mansfield Conservation Commission. Minutes November 2, 1977 Page 2 Motion: To approve the minutes of October 26, 1977 as presented (Lesuer-Tighe, all in favor) VOTED Motion: To pay the warrant of November 8, 1977 in the amount of $5.00 (Mahana-Tighe, all in favor) VOTED Chairman Parsons noted that there would be a bi-monthly meeting with the Board of Selectmen in which he had to attend this evening and questioned if there were any items the Board wanted mentioned. It was noted that the fact that they are short a member should be brought up; to bring to their attention the fact that the Board feels they are in violation of the Charter, Section 7-12; and that they Board is in the process of revising the Gravel Removal Section and Business section of the Zoning By-law. Board discussed the site plan for Codex Corp. It was noted that no additional information has been received. Board discussed the preliminarysubdivision plan for Granada Park. Planning Director Maurer noted that the only comments received was request for a stop sign from the Board of Selectmen and the Fire Chief has returned the plans noting that it is satisfactory. Board discussed the preliminary subdivision plan for Hobbit Hollows. Planning Director Maurer noted that the only comment received was the Fire Chief has returned the plans noting that it is satisfactory. 8. Board discussed the site plan for Datel Systems. It was noted that no additional information has been received. 9. Chairman Parsons noted that last week John Dunn, Planning Director Maurer and himself had attend the court on the case of Ceccarelli for the loam and seeding in Peters Park. He noted that all testimony was received and it was taken under advisement. 10. Board discussed the proposed amendment to Section V -G, Earth Removal of the Zoning By-law. Clerk Lesuer questioned the Board's reasoning in eliminating commercial operations. Planner Mahana noted that commercial operations does not add anything to the Town. Planner Tighe reiterated on the discussion of the Board from the last meeting. To be discussed further. 11. Board met with Karl Clemmey, Carole Clemmey, and Karl Clemmey Jr. regarding the covenant for Jenney Lane. Mr. Clemmey noted that the transfer of the lots within his subdivision off West Street was not a sale under the meaning of the covenant. He noted that he did not sell the lots but conveyed them and it was only to his immediate family not to an outsider. He noted that the transfer was subject to a mortgage that is still on the property. He noted that the figures used on the deed were for estate tax purposes only. He noted that he did not feel that he has broken any committment with the Town. He advised the Board that he had his attorney draw up two more covenants signed by his wife and son to run with the property transferred. Minutes November 2, 1977 Page 3 Chairman Parsons noted that it states in the covenant that you can not sell the property and, according to the deed, it says in consideration of $12,000. He noted that it was the Planning Board's opinion that the covenant with the Town has been broken. Mr. Clemmey noted that Cabot, Cabot and Forbes has conveyed land from trust to trust and the securities were not changed and the bonds were not changed. He noted that he would like the Board to get an opinion on the submission of the two new covenants from Town Counsel because if they do not accept the covenants he will contest it. He noted that he did not sell it as there was no money passed and that he is allowed by law to put down any amount of money on the deed. Mr. Clemmey noted that he did not get back all his money on his home on South Main Street and that he was going to get some of his money back from the state when Route 140 goes through the subdivision. Chairman Parsons noted that the Board is not trying to single him out or his family and are not trying to make an example out of him. He noted that it was brought to the Board's attention that he had sold the property. Mr. Clemmey noted that.he was submitting covenants from his wife and son. Chairman Parsons advised that the Board would like to review the covenants before taking action on them. He noted that the Board would review the covenants and get back to him,however, he felt that they may have to follow the procedure stated in their letter. Mr. Clemmey noted that he read the paper, which noted the Planning Board minutes regarding this matter and that when he read the minutes of the Planning Board he could not get out of them what was in the paper and questioned how the reporterMr. Johnson, was able to get a copy of the Board's letter to Town Counsel regarding this matter when he himself was not made aware of it. He noted that he was not aware of anything until his brother read Town Counsels reply and asked him what was going on. Mr. Clemmey noted that the reporter had stated he got the letter from the Planning Director and that it is not the Planning Directors responsibility to call up the reporters and give. them information just to make it look like he bas conspired against him. He noted that he wanted itstopped and an apology or he would go to the Selectmen. Chairman Parsons noted that regarding the lines on the plan from the State fon Route 140 that it is the normal procedure of the Planning Board to forward subdivision plans to the State when they feel it may be in the location of a proposed highway. Planner Tighe noted that regarding the bond estimate that he had requested the Planning Director to prepare it and send. it to you so that you could have as much time as possible to raisethe securities if this was the method you chose. Planner Hartmann noted that his statements recorded in the paper was from when he was at a Selectmens meeting and they asked him how the Planning Board could allow Subdivisions when they knew a highway would be going through and he advised that they notified the State regarding the route of the subdivision and where the road was going and there was no way that the Board could deny the subdivision so it went through. Minutes November 2, 1977 Poe 4 Mr. Clemmey noted that if you look at the dates on the letters and then look at the minutes that they do not coincide and that if the Board can show him that they do he would gladly post the securities. Chairman Parsons noted that the minutes are approved the Wednesday after the meeting and from that time on they become public record. The Board received the two covenants for the lots sold within the Karl Clemmey subdivision, however the Board is not formally accepting them. Board to consider further. 12. George Wojtkiewicz came before the Board and noted that Mr. Clemmey had accused the Planning Director of conspiring against him and that the Chairman did not give him a chance to defend himself. Chairman Parsons noted that the Planning Director is well aware of the procedure 6f the Planning Board meetings and that he could have spoken at any time. Planning Director Maurer noted that he did not feel his actions had to be justified as he as not done anything wrong and that just because he did not respond to the comments of Mr. Clemmey does not been that he concurs with his comments. (Planner Mangiaratti entered the meeting at this time) 13. Board continued to review the earth removal proposed amendments. (Chairman Parsons left to attend the by -monthly meeting with the Board of Selectmen.) Planner Hartmann noted that he did not want anything going to the Town Meeting and have the Town say that they are taking away the livelihood from people and throw out the entire amendment and be back to the existing regulations. Planner Tighe noted that this was why he was originally in favor of leaving in the commercial operations for the informal public hearing as the Town Meeting can delete portions of the article put can not add to it. Planner Mangiaratti questioned if they could have two separate articles on the warrant, one eliminating commercial operations first, and if that one fails then one new regulation on the entire earth removal including commercial. Planner Tighe noted that this should be first discussed with the Town Moderator. Planning Director Maurer noted that this has been done before and that they discuss both articles at the same time. It was noted that in the proposal prepared by the Planning Director that item 4 -a -i should read a 5 to 1 slope for a distance of 40 feet into the pod. Uner the bnding onna sliding scaleo obased onothe lamount hof work is to etohbeglaced completeded to be p 14. Board reviewed the Form A Plan for Hatheway-Patterson for land in the rear of County Street. Motion: To sign the Form A Plan for Hatheway-Patterson for land on county Street. (Tighe-Mangiaratti, all in favor) VOTED 15. Board reviewed the request from Home Developers for the release of securities for the installation of the water main, gates, and valves in the Rustic Acres subdivision. It was noted that this has been inspected and approved by the Water Superintendent and the amount eligible for release is $10,882.75. Minutes November 2, 1977 Page 5 Motion: To release $10,882.75 from the Mansfield Cooperative Bank Letter of Credit dated July 14, 1977 for Home Developers, Inc. for work completed in Rustic Acres. (Tighe-Mahana, all in favor) V@TED 16. Board reviewed the Board of Appeals application for Karl D. and Carole Clemmey, for an appeal from the decision of the Building Inspector. It was noted that the Building Inspector made a decision that it was not a buildable lot on South Main Street because the variance issued in 1969 had lapsed. Mr. Clemmey is therefore applying for an appeal from the decision of the Building Inspector. Planning Director Maurer noted that the Building Inspectors decision was based upon the opinion from Town Counsel and felt that the Board should maintain this decision, as it could jeapordize the opinion from Town Counsel, and Mr. Clemmey could then file for a variance. Planner Mangiaratti felt that the Board of Appeals had intended for those lots to be used for building purposes in the variance issued in June of 1977. Planning Director Maurer noted that this variance in June of 1977 was not for the frontage and felt that the Board should support the opinion of Town Counsel. Planning Director Maurer noted that the Building Inspector and the applicant had discussed this together with Town Counsel and Town Counsel advised that he should apply for a variance. It was noted that the variance does state that the applicant will be moving houses on to those lots. Planning Director Maurer noted that the variance does not directly address the frontage. (Chairman Parsons re-entered the meeting at this time.) Clerk Lesuer noted that he would be in favor of sustaining the Building Inspectors decision and recommend that a variance be issued for thefrontage. Motion: To inform the Board of Appeals that the Board feels that the Variance granted in June of 1977 specifically allows the applicant to move single family houses on to lots 784 and 760 South Main Street, and, therefore, the Board would recommend in favor of the applicants appeal. (Tighe-Mahana, Mangiaratti, Hartmann in favor, Lesuer opposed) VOTED 17. Board met with Donald Ploof to discuss property on the corner of Otis Street and Gilbert Street. He noted that he has a farm with several buildings which are in need of repair. He noted that he would like to come up with a method of generating a use of the buildings that is not agriculutural. He noted that he would like to use the building for an industrial nature. Mr. P1oof presented a sketch of the area. He noted that he could go through the Board of Appeals for a variance or Town Meeting to change the zoning. He noted that he is employed with doing piping systems for nuclear plants and that this would be a home base for him to start his own business. It was questioned if there would be any work done on the site or if it will be just a base. He noted that there would be work on the site. Chairman Parsons noted that it was Mr. P1oof's decision as to whether he wanted to go for a variance or petitonthe Town Meeting. Mr. P1oof noted that he would have to go through a variance process as he would have to be in operation before the first of the year. He questioned the opinon on this matter. The Board noted that they do not make decisions on proposals just presented to them. Planner Mahana Minutes November 2, 1977 Page 6 noted that he proposed to add a new building, according to the sketch, and that he would be against the addition of new buildings for this purpose. Mr. P1oof noted that he took out a builidng permit for the building, as a barn, however, he would not be building one. 18. Board met with Mrs. Jellinek to discuss W.R.C.Properties, Inc. (Planner Hartmann left the room and did not participate in any discussion.) Mrs. Jellinek presented a list of parcel transfers within the Cabot, Cabot and Forbes Industrial Park. She noted that there were restrictd•on on what could go into the park when it was run by Babot, Cabot and Forbes and there was no noisey industry and no chemicals. She noted that this was transferred so that Cabot, Cabot and Forbes is no longer responsible for the parcels. She noted that if this is the case they have no agreement on what goes into the park. She noted that the Board should also be concerned with who is repponsible for the streets now which are not finished. Mrs. Jellinek noted that she would appreciate the Board voting tonight to sent the list of parcels to Town Counsel as to how this will be handled so that the Town will have the dame documentation as with Cabot, Cabot and Forbes as to whom can get into the park and what about the streets and what is left. Chairman Parsons noted that she presented the information well. He also noted that they have a letter into Cabot, Cabot and Forbes as to their bonds and who is responsible for the roadways, and the Board is awaiting their reply. Planning Director Maurer noted that Cabot, Cabot and Forbes had requirements which were more strict than what was in the Zoning by-law for the uses allowed. These are covenants prepared by Cabot, Cabot and Forbes and are passed on from owner to owner. The covenant runs with the land. It was noted that it is not a covenant with the Town as the only restriction from the Town is that it be an industrial use. Planner Mangiaratti noted that the Town has nothing to do with restriction covenants in the deeds. Planning Director Maurer to see if there is any restrictions between the Town and Cabot, Cabot and Forbes regarding the useDf the land. 19. Board reviewed the Zoning Board of Appeals notice of public hearing on the application of the Mansfield Conservation Commission for a variance to erect a 12 sq. ft. sign on a parcel of land owned by the Town of Mansfield at the intersection of South Main and Hall Streets on South Main Street. It was noted that this sign has bo be erected prior to the Town receiving reimbursement from the Self Help program. for the acquisition of this land. It was noted that it does not state if the State is requiriig a sign this large. Motion: To recommend to the Board of Appeals that the variance for the Mansfield Conservation Commission be granted. (Mangiaratti-Tighe, all in favor) VOTED Minutes November 2, 1977 Page 7 20. Board discussed the covenants submitted by Karl Clemmey from Carole Clemmey and Karl Clemmey, Jr. It was the consensus of the Board that even if there was no money involved it could be construed as a sale of property and a breech of the covenant. Motion: To notify Mr. Clemmey that they have considerdd carefully the points made at the Meeting of November 2, 1977, but still feel that the transfer of these lots violates the provisions of Chapter 41 of the Massachusetts General Laws and the Mansfield Subdivision Control Regulations and will follow the action noted in their letter of October 20, 1977. Please notify the Board of your intention. (Tighe-Lesuer, all in favor) VOTED Board questioned the policy of giving information to the press. Planning Director Maurer noted that no minutes are released until they are approved and signed and no correspondence is released until the P1anningBoard has reviewed it and it goes into the filing. He noted that all material in the P1nnning Board files is considered Punic Information. Planner Mangiaratti felt that the policy the Planning Director was following is a good policy and that everything should be open to thePublic, except for correspondence that the. Board has not seen yet. 2T. It was the consensus of the Board to hold the next Planning Board meeting on November 16, 1977 at 7:30 Pm. 22. Planner Mangiaratti noted that the Downtown Advisory Committee had meet and is considering, against his judgement, the rezoning of Rumford Avenue to business in the area of the pond restoration. To be rebiewed further by the Downtown Advisory Committee. 23. Planner Mahana noted that he was upset by the Board of Appeals granting the special permit to Richard Morse for Gravel Removal after the Planning Board had noted non-conpliance with the Zoning By-law. 24. Planner Tighe noted that he and Planner Hartmann had attended meetings for the Capital Improvement Program Committee and would bring the Board up to dateat another meeting. 25. Chairman Parsons noted that George Wojtkiewicz of the Board of Appeals preceeded him at the Selectmens meeting and Mr. Wojtkiewicz noted there is a philosophical difference between the Appeals Board and the Planning Board and asked that sometime in the future the Planning Board and Appeals Board have a meeting to discuss matters. 26. Meeting adjourned at 10:30 P.M. U