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.
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