HomeMy WebLinkAboutPlanning 12/28/1977MANSFIELD PLANNING BOARD
AGENDA
December 26, 1977
1. Call to order (7:30 P.M.)
2. Clerk's Report
a. Correspondence
b. Minutes of December 14, 1977
3. Warrant
4. Visitors Agenda
5. Old Business
a. Status of Plans
1) Leon Grant - Site Plan - Wood Avenue
2 W.R.C. Properties, Inc. - Forbes Boulevard
b. Business Zoning
c. Board of Appeals
1) Town of Mansfield - Sign
2) John P. Smith - Appeal from Decision of Inspector of Buildings
3) Carl A. Nelson, Jr. — Appeal from Decision of Inspector of 'Buildings.
4) John G. Walsh - Appealsfrom Decision of Inspector of Buildings
6) New Business
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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
December 28, 1977
Present: Chairman Parsons
Planners: Tighe, Mahana,Mangiaratti, Hartmann*
Planning Director Maurer
1. Motion: To appoint Planner Tighe acting clerk.
(Mahana-Mangiaratti, all in favor) VOTED
2. Letters were read from the following:
Conservation Commission to Planning Board regarding Granada Park
Habitat Courses
Massachusetts Advocate
Massachusetts Department of Community Affairs Land Use Manager
Status of Planning Board Acccounts
List of applicants for the Downtown Advisory Committee
Town Manager to All Departments,Boards and Committees regarding
Xerox Copier
Congresswoman Margaret M. Heckler to Planning Director regarding
application to the National Endowment for the Arts Livable Cities
Program.
Board of Health Minutes of December 7, 1977
Board of Health Minutes of December 14, 1977
Board of Selectmen to Planning Board regarding zoning petition.
Planning Board to R & R Realty Trust regarding Preliminary Plan for
Granada Park
Planning Board to Leon Grant regarding Site Plan Application - Wood
Avenue.
Planning Board to Lester S. Epstein regarding Preliminary Plan for
Hobbit Hollows
Plannning Board to Board of Appeals regarding application of Donald
Ploof
Planning Board to Board of Appeals regarding application of Peter John
Fontanini
Minutes
December 28, 1977
Page 2
3. Motion: To approve the Minutes of December 14, 1977 as presented.
Tighe-Mangiaratti, all in favor) VOTED
Motion: To alter the order of the agenda.
(Mahana-Mangiaratti, all in favor) VOTED
Board discussed the Board of Appeals applications for an appeal from
the decision of the Building Inspector for John P. Smith, Carl L Nelson,
Jr., and John G. Walsh. It was noted that the applicants were
appealing the decision of the Building Inspector to stop operations for
earth removal as the property was used as a gravel removal operation
prior to zoning and was registered with the Building Inspector in 1965.
Planning Director Maurer noted that when the Zoning By-law was amended
in 1964 there was a provision adopted for earth removal operations which
was commonly referred to the grandfather clause. In 1975 it was amended
again through Town Meeting Vote. In 1974 the Building Inspector became
concerned about some of the operations under the grandfather clause and he
consulted Town Counsel, who noted that the grandfather clause was a
misnomer as there was nowhere in the zoning by-law a reference to a
grandfather clause, and that the registration of the gravel pits does not
eliminate the need for an eprth removal special permit. He noted that
there are two pits that came forward and showed that they had special
permits or court -,orders to operate and that there are still three pits
which are now before the Board of Appeals as an appeal to the decision
of the Building Inspector. He noted that the concern of the Building
Inspector was whether or not he could impose standards on these and
the TownCounsel ruled that they would need to go through the special
permit procedure.
Mr. Smith noted that when he received the first letter of cease and
desist in 1974 that he contacted his attorney and that his attorney
felt that he complied with the Zoning By-law and that the letter did
not apply to him, to keep on working. Mr. Smith noted that he does
not operate his pit regularly and that he uses it in his landscaping
business. He noted that he received another order to stop operations
in 1977 so he came to talk to the Building Inspector to see if he could
get this straightened out once and for all. Chairman Parsons questioned
whether appropriate standards are followedwhile he is working the land
and noted that there are no means of enforcement. Mr. Smith noted
that he owns the land and there would be no value to him to destroy it
and he is operating the same as he has for years. Planner Mahana
questioned if he had contacted the Building Inspector in 1974. Mr.
Smith noted that he did not. Planner Mangiaratti questioned how often
he takes material out. Mr. Smith noted that this varies with different
jobs. Planner Mahana noted that it bothered him that he did not at
least reply to the 1974 letter and felt that his attorny should have
at leasttold him to reply to the letter. Mr. Smith noted that he
had talked to the Building Inspector but there was nothing in writing.
Planner Mahana noted that if the Building Inspector sent written
notices in 1974 and they were not replied to then it would indicate
that they were not going to operate any more.
Mr. Nelson felt that the gravel removal operation was a job in which
you are harrassed by everyone. He noted that he was on the Planning
Minutes
December 28, 1977
Page 3
f Board back when the registration clause was put in the zoning and, at
that time, they talked to the old Building Inspector, Arthur Ferrier,
and questioned how he determined pre-existing pits. Mr. Ferrier had
advised that if they had trees above a certain size he would say this
is a pre-existing pit. Mr. Nelson noted that in order to narrow things
down they put in the registration clause where they required the
registration of the pit and during this hearing an attorney said it
did not matter because if it was a pre-existing pit prior to zoning
and the people can prove it is pre-existing, then they can operate
anyway. He noted that the three applicants have gone to three separate
attorneys and they all said they are pre-existing usesand the courts
would not stop them from operating. He noted that in order to square
this away they talked to the Building Inspector, Mr. Cook, and advised
that they are going to appeal his decision to the Board of Appeals.
Mr. Nelson noted that the Board of Appeals has previously heard two
decisions and in both instances noted it was a pre-existing pit and
did not apply.
Clerk Tighe questioned why they decided to appeal the decision instead
of applying for a special permit. Mr. Nelson noted that he did not feel
they should go for a special permit because it is not a new pit. He
noted that he felt zoning is unconstitutional and the only thing that
makes it constitutional is the right to appeal. Mr. Nelson noted that
his operation could extend to the full extent of his property put he
could not add property on and call it an existing pit. Mr. Nelson note
that he had submitted a subdivision plan which showed the proposed
finished grades. Mr. Nelson claimed that the Planning Board had lost
his subdivision linens. Chairman Parsons noted that the Planning Board
had not Lott them but had returned them to Mr. Nelson.
Mr. Nelson questioned why two other pits were allowed to continue.
Planning Director Maurer noted that Mr. Gonsalves had +been before
the Board of Appeals and received an appeal from the deci�idn of.the
Building INspector back in 1973 and was granted and Mr. Willis applied
for a special permit for additional land and was denied by the Board of
Appeals but granted by the courts. He noted that both the applications
of Gonsalves and Willis preceed the amendment to the zoning by8law and
the decision of Town Counsel. Mr. Nelson noted that they are still a
pre-existing use the same as these last three pits. Mr. Nelson noted
that he was interested in the Planning Board's thoughts.
Planner Mangiaratti felt that these specific cases should be referred to
the Town Counsel as it is a strictly legal question. He felt that
Town Counsel has not directly answered the question. Planning Director
Maurer noted that his concern with this is that three years ago they
imposed standards for earth removal operations and one was the condition
the ground is left after the operation is completed and there is a
standard that no operation can be less than 6 feet above the water table.
He noted that there is no question that the pits were in operation
prior to 1965 and felt that the Planning Board should sustain the
decision of the Building Inspector and put appropriate standards on
the operation. He noted that Mr. Nelsons plan was very crudely done
and that only a small portion of the parcel is shown as the earth
removal operation. He noted that Mr.Smith,at least shows the topography.
Minutes
December 28, 1977
Page 4
Planning Director Maurer noted that Mr. Nelsons plans only shows a
small area of operation and that he does not show the limits of future
operation. Planner Mangiaratti (felt that this was still a legal matter
and that they need a good definition from Town Counsel regarding prior
existing uses.
Motion: To sustain the decision of the Building Inspector on the
Cease and Desist orders for John P. Smith, Carl A. Nelson,
Jr., and John G. Walsh and to send this recommendation to
the Board of Appeals.
(Mahana-Tighe, Parsons in favor, Mangiaratti opposed) VOTED
Planner Mangiaratti felt that they should highlight the fact that there
is not enough information in the Town Counsel's decision to make a
decision on this matter and to advise the Board ofappeals that this is
essentially a legal decision and clarification should be made by the
Town Counsel regarding these applications as to whether or not they
constitute a prior existing use.
Motion: To add in the recommendation to the Board of Appeals that if
they grant this appeal that the pits would be able to operate
without any standards, such as going below the water table or
within 25 feet of the property lines, to enclose a copy of the
non -conforming use section of the Zoning By-law and also a copy
of Town Counsels letter.
(Mahana-Tighe, all in favor) VOTED
6. Board reviewed the site plan application of Leon Grant for land on
Wood Avenue. It was noted that a note was added to the plan for the
existing signs. Mr. Grant advised the Board that instead of putting
a sign on all three buildings that he would only have one sign for
all three buildings and when it is sold it would just be a non-cofforming
use. Mr. Grant noted that on the refuse disposal he would be submitting
a letter to the Building INspector on this.
Motion: To approve the site plan application of Leon Grant for land
on Wood Avenue subject to the Building Inspector receiving a
letter on the refuse disposal.
(Tighe-Mangiaratti, all in favor) VOTED
Mr. Grant took the linen with him from the meeting.
7. Board reviewed the Form A Plan for W.R.C. Properties, Inc. for land
on West Street. It was noted that the plan was endorsed by the Board
on July 20, 1977 and that the linen did not get recorded.
Motion: To approve the Form A Plan for W.R.C. Properties, Inc.
for land on West Street.
(Tighe-Mangiaratti, U1<1 in favor) VOTED
8. It was the consensus of the Board to postpone discussion on the
Business Zoning until more members are present and to have a
workshop meeting at the next meeting for this discussion.
Minutes
December 28, 1977
Page 5
9. Board reviewed the Board of Appeals application for the Town of
Mansfield for signs to be relocated. Planning Director Maurer noted
that the sign proposed in East Mansfield would be on the same
parcel as the East Mansfield Sign and would clutter the area.
(Planner Hartmann entered the meeting at this time.)
Motion: To recommend that the variance for the Town of Mansfield not
be granted.
(Mapgiaratti )MOTION LOST FOR WANT OF A SECOND
Motion: To recommend that the variance be granted.
(Tighe-Mahana, Hartmann in favor, Mangiaratti opposed ) VOTED
10. Board discussed the vacancy on the Downtown Advisory Committee along with
the list of applications. Planning Director Maurer noted that the
Committee had asked Gilbert Olden and Rodney Stearns to apply as they
are local businessmen in the area. Planner Mahana suggested that
Jim Douglas be appointed as he is part of the business of Douglas
Real Estate and they have done a good job in renovating the house in
the downtown area. Planner Tighe noted that when the Committee was
organized he was opposed to having real estate persons on the Board.
He noted that the committee themselves went out of their way to prevail
on the two new applicants to apply.
Motion: To appoint Rodney Stearns to the Downtown Advisory Committee.
(Mangiaratti-Tighe- all in favor) VOTED
11. Board discussed the letter from the Board of Selectmen regarding the
petition to the zoning by-law on variances. Planner Tighe noted that
the Board is already on record in this matter as they held the public
hearing and made a recommendation. Felt that they should forward
the recommendation of the Planning Board to the Board of Selectmen.
Planning Director Maurer noted that they should wait until all the
petitions for rezoning are in before they hold the public hearings and
they then can be held on the same evening.
Motion: To forward a copy of the Planning Board's recommendation on
the rezoning of use variances to the Board of Selectmen and
advise that unless any new information is received at the
future public hearing, which they are required to hold, then
this will be the position of the Planning Board.
(Tighe -Hartmann, all in favor) VOTED
12. Board reviewed the letter from the Conservation Commission regarding
the drainage ditch from Granada Park. It was noted that the Conservation
Commission did not realize where the drainage ditch was going until
they reviewed the Planning Board's minutes.
Motion: That the Planning Director be instructed to answer this
letter from the Conservation Commission regarding the
drainage ditch for Granada Park.
(Tighe -Hartmann, all in favor) VOTED
Minutes
December 28, 1977
Page 6
13. Mrs. Jellinek came before the Board and questioned the Planning Director
on the infiltration basins from the sewer plant.
14. it was the consensus of the Board to hold the next Planning Board
meeting on Wednesday, January 4, 1978 at 7:30 P.M.
15. Planner Tighe noted that the Board has the final report of the
Capital Improvement Program Committee and that he and Planner Hartmann
will answer any questions the Board has at the next meeting.
16. Meeting adjourned at 9:45 P.M.
Clerk
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