HomeMy WebLinkAboutPlanning 08/25/1976MANSFIELD PLANNING BOARD
AGENDA
August 25, 1976
1. Call to order (7:30 P.M.)
2. Clerk's Report
a. Correspondence
b. Minutes of August 11, 1976
3. Warrant
4. Visitors Agenda
8:00 P.M. Margot Jellinek re. Gravel Pit on Plain Street
8:30 P.M. Robert Chavaree re Riverside Park Bond Estimate
9:00 P.M. Walter Day re. Variance application.
4. Old Business
a. Status of Plans
�1��6
00wdd RA ( -&(3n n /can c. - '
b. Bond Estimate - Riverside Park
c. Zoning By-law
1) Cluster Development
2) Business Zoning
6. New Business
a. Zoning Board of Appeals
1) Mansfield Housing Authority - sign
2) Marjorie Hosepian - sideyard setback
3) Boro Sand and Stone - earth removal renewal
4) Leon Grant - exterior sales
5) Walter Day - apartment
6) Ethel Talbach - sideyard setback
b. Date for next meeting
c. Public Discussion
d. Around the Table
7. Adjournment
irl:1►�C.Y��l�h]�: ► ► ► G 1: C 1
MINUTES
August 25, 1976
Present: Clerk Tighe
Planners: Mahana, Mulcahy, Parsons
Planning Director Maurer
1. Motion: To appoint Planner Parsons temporary Chairman.
(Tighe-Mahana, all in favor) VOTED
2. Letters were read from the following:
John Dunn to Board of Selectmen regarding resignation from Planning Board.
Christian & Schromm, Inc. to Planning Board regarding release of
,securities for Village Estates II
Boro Sand and Stone, Inc. to Planning Board regarding gravel removal
operation extension.
Town Counsel to Town Clerk regarding Association of Trusts
Town Counsel to Planning Board regarding Circle C Estates
Board of Appeals decision on the application of Americo P. Day, Jr. - granted
Board of Appeals decision on the application of Lloyd M. Keith - denied
Board of Appeals decision on the application of Gertrude Griffiths - granted
Board of Appeals decision on the application of Louis Tarsa - granted
Board of Appeals decision on the application of Alfred Turinese - granted
Board of Appeals decision on the application of Ida Dorothy - denied
Board of Appeals decision on the application of Karl D. Clemmey - granted
Board of Appeals decison on the application of Joseph P. Morris - granted
Board of Appeals decision on the application of Eleanor Manzoni - granted
Notice of Hearing from Municipal Council of Attleborough regarding Zoning
By-law
Planning Board to Frank Allen regarding Form A Application on Ware Street.
Planning Board to Board of Selectmen regarding sewer lift station for
Riverside Park
Notice of Membership of the Massachusetts Federation of Planning Boards, Inc.
- 2 -
Minutes
August 25, 1976
Board of Appeals notice of Public Hearing on the application of Boro Sand
& Stone, Inc.
Board of Appeals notice of Public Hearing on the application of Mansfield
Housing Authority
Board of Appeals notice of Public Hearing on the application of Marjorie
C. Hosepian
Board of Appeals notice of Public Hearing on the application of Leon C.
Grant.
Board of Appeals notice of Public Hearing on the application of Walter Day.
Board of Appeals notice of Public Hearing on the application of Ethel
Talabach.
Mrs. Jellinek to Planning Board regarding sloping in Circle C Estates
3. Motion: To approve the Minutes of August 11, 1976 as presented.
(Tighe -Mulcahy, all in favor) VOTED
4. Motion: To approve the Warrant of August 25, 1976 in the amountof $55.13
(Mahana-Tighe, all in favor) VOTED
5. Board reviewed the Form A Plan for Howard Richardsonforland on Lantern Lane.
Motion: To return the Form A Plan to Howard Richardson and request that
he locate and describe the plan properly;on the Form A application,
note that the property east of the brook is zoned Agricultural
and not residenceAA, and show the distance along the side lot
line of lot 29.
(Tighe -Mulcahy, all.in favor) VOTED
6. Board reviewed the Form A Plan for Franklyn Allen for land on Ware Street.
It was noted that the brook was not shown in an easement, however all other
requirements of the Planning Board's letter of August 23, 1976 had been
complied with.
Motion: To approve the Form A Plan for Franklyn Allen for land on Ware
Street.
(Tighe -Mulcahy, all in favor) VOTED
7. Board met with Mrs. Jellinek who noted that Mr. Rezza is making a road in
his gravel pit that goes up in back of the Route 95 rest area. She noted
that the road does not start at Plain Street. She noted that she was
advised that this was part of No. Attleboro and questioned if the access
road was going to go partially through Mansfield, or if it would all be in
No. Attleboro. Planning Director Maurer noted that he talked with Mr.
Rezza and that work being done is so that they can finish the work under
the permit of W.H. Riley for gravel removal. Mrs. Jellinek noted that
she was not concerned with the gravel removal but with the access road,
as this could be a burden on the Town of Mansfield. Planning Director
Maurer to check into this further.
-3 -
Minutes
August 25, 1976
8. Board reviewed the Form A Plan for Evelyn (Westhaver) Allen for land on
Franklin Street.
Motion: To approve the Form A Plan for Evelyn Allen for land on Franklin
Street.
(Tighe -Mulcahy, all in favor) VOTED
Board met with Robert Chavaree to discuss the bond estimate for Riverside
Park. Mr. Chavaree noted that before he posts a bond for the Riverside
Park subdivision that he plans to install aTl:of the water, sewer, drainage
through to binder on all three streets. He noted that there will be two
headwalls that will be included in the bond. Mr. Chavaree noted that the
amount of the bond that he plans to post will be around $24,869. and that
this will probably be sometime in September. Mr. Chavaree questioned''if
the Board planned to attach the contingency on the entire amount of the
subdivison and questioned if the Board was aware of the law. He presented
the Board with a copy of Chapter 41, Section 81Q of the Massachusetts
General Laws. He noted that the rules governing his subdivision only
required a 10% contingency on the amount of the bond posted.
Planning Director Maurer noted that up until 2 years ago they only required
the contingency on the amount of the bond and now they require the
contingency on the total project. It was noted that 2/3's of the sewer and
1/3 of the water has been installed. Board to take under advisement.
10. Board discussed the request of Mr. Robert Chavaree for a reduction in the
contingency to the amount of the bond being posted as opposed to the amount
of the entire work. It was noted that the preliminary plan had been
submitted on August 31, 1973 and the definitive plan was submitted on
March 20, 1974.
Acting Chairman Parsons noted that the old subdivison regulations did riot
spell out whether the contingency would be held for the entire project
or on a portion of the project. Planning Director Maurer reviewed the
bonds being held and noted which ones the 10% contingency was being for
the entire project. He noted that any plans alpproyredl under the 1972 sub-
divis'ion regulations the contingency was held on the entire project.
Motion: That the contingency of 10% for the Riverside Park Subdivision
be held on the amount of which remains to be completed upon the
posting of the bond.
(Tighe -Mulcahy, all in favor) VOTED.
Planner Mulcahy noted that Mr. Chavaree is correct in accordance with the
Massachusetts General Laws. Acting Chairman Parsons felt that the Town is
properly protected since he is the owner of the streetsuntil they are
accepted by Town Meeting and if something is wrong with the systems within
the streets then they will not petition them for acceptance.
-4 -
Minutes
August 25, 1976
11. Board met with Walter Day to discuss his application for a variance
to establish an apartment over a store located at 273 Chauncy Street.
Mr. Day noted that this dwelling is the last house located within the
Business C zone and that when he originally planned his store that the
apartment was a permitted use and he extended all his electrical and
plumbing to take an apartment into consideration. He noted that when
he went to obtain a building permit that the zoning had been changed
and the apartment was no longer a permitted use. Mr Day advised the
Board that he will need the floor space on the first floor for the
appliance store and therefore he is moving the downttairs apartment
upstairs, so he will not be increasing the number of apartments.
The Board questioned if he would be adding any additional parking
spaces. He noted that he did not believe he needed additional parking
ksshe has between 12 and 14 spaces now.
Acting Chairman Parsons advised Mr. Day that this Board only makes a
recommendation to the Board of Appeals that they do not make the final
decision. Mr. Day noted that if the Board feels there is any problems
on the site that he would like to be made aware of them.
12. Clerk Tighe suggested that the Board postpone discussion on major zoning
changes such as Cluster Development and Business Zoning until new members
are appointed to the Board.
Motion: To table 4.c. Zoning By-law on the August 25, 1976 Agenda for
an indefinite period of time.
(Tighe -Mulcahy, all in favor) VOTED
Acting Chairman Parsons questioned if the Planning Director had received
anything from Mr. Gray regarding his intent on his Cluster Development.
Planning Director Maurer noted that he has not received anything from
Mr. Gray but RIM Engineering has advised that they are making a preliminary
plan for a conventional development for his property.
13. Board reviewed the Zoning Board of Appeals application of Mansfield Housing
Authority for a Variance to erect a six foot by seven foot four inch sign
at the entranceway to Bicentennial Court.
Motion: To recommend to the Board of Appeals that the variance for the
Mansfield Housing Authority not be granted as a sign this large,
which is larger than allowed even in an Industrial Zone, would
serve no purpose for the Town of Mansfield not to abide by its
own regulations. It should be noted that it is a self serving
project, and the sign may create a safety hazard.
(Tighe -Mulcahy, all in favor) VOTED.
14. Board reviewed the Zoning Board of Appeals application of Marjorie C.
Hosepian for a variance to allow an eleven foot side yard measurement.
It was noted that this would be for additional storage space and that
when she retires she would like to have a used clothing shop.
Motion: To recommend to the Board of. Appeals that the variance for
Marjorie C. Hosepian not be granted as it would derogate from
the purpose and intent of the Zoning By-law.
(Tighe -Mulcahy, all in favor) VOTED
-5 -
Minutes
August 25, 1976
15. Board reviewed the Zoning Board of Appeals application of Leon C. Grant
for a Variance to allow used automobile sales yard at 69 Creeden Lane.
It was noted that the Board of Selectmen granted a license for a sales yard
for Mr. Grant and the use is not permitted in the Busienss B Zone. Planning
Director Maurer has indicated Mr. Grants intent to move his sales yard to
Ware Street in a residential area if the variance is not granted as he has
land on Ware Street that is protected by a Form A application for Industrial
Use.
Motion: To recommend to the Board of Appeals that the variance for
Leon C Grant not be granted as it would derogate from the
purpose and intent of the Zoning By-law.
(Tighe-Mahana, all in favor) VOTED
16. Board reviewed the Zoning Board of Appeals application of Walter Day for a
variance to establish anapartment over a store located at 273 ChauncY St.
Planning Director Maurer noted that the building as erected does not comply
with the site plan submitted to the Planning Board in September of 1975.
as the Board had made recommendations on the parking and Mr. Day has paved
the parking area as he wanted it.
Motion: To recommend that the variance for Walter Day not be granted
because he has not complied with the original site plan for
parking and entrance onto Chauncy Street.
(Mulcahy;Tighe, all in favor) VOTED
17. Board reviewed the Zoning Board of Appeals application of Ethel Talbach
for a Variance to allow an existing 9 foot side yard measurement at
197 School Street.
Motion: To recommend to the Board of Appeals that the variance for
Ethel Talbach be granted.
(Tighe-Mahana, all in favor) VOTED
18. Board reviewed the Zoning Board of Appeals application of Boro Sand & Stone,
Ind. for the renewal of a Special Permit to remove gravel from a 21 acre
parcel of land located off Plain Street.
Board reviewed the letter and the plans received from Boro Sand & Stone, Inc.
It was noted that Whitman and Howard has advised there is no adverse
problem with the gravel removal operation on the new well site.
Motion: To recommend to the Board of Appeals that the Special Permit
not be granted until the restoration of the easterly side of the
property takes place.
(Tighe -Mulcahy, all in favor) VOTED
19. Board reviewed the letter from Town Counsel to Town Clerk regarding the
filing of Trusts with the Town Clerk. Planning Director Maurer noted
the letter was received today and that the Town Clerk is on vacation.
He noted that the Assessors Office keeps a listing of all Trusts on file.
Planning Director Maurer to check this with Town Clerk:`
-6 -
Minutes
August 25, 1976
20. Board reviewed the request from Christian & Schromm, Inc. for the
partial release of securities for work done within the Village Estates
II subdivision, in the amount of $24,826.50.
Planning Director Maurer suggested that the Board retain $600.00 to cover
the completion of the pavement at the end of Lantern Lane.
Motion: To release from the Mansfield Co-operative Bank Escrow Account
for Christian and Schromm $24;226.50 for work completed in
Village Estates Section II.
(Mahana-Tighe, all in favor) VOTED
21. Board reviewed the letter from Town Counsel to the Planning Board regarding
Circle C Estates. Planning Director Maurer reviewed the letter's of Credit
being held by the Town. It was noted that $20,000 is being held for Morgan
Road, $22,000 for Maverick Drive, which covers the section of road for which
the first 6 houses are on and expires on the 17th of September. He noted
that Pinto Way is the only onethat the building permits are taken out in the
name of Circle M Realty Trust.
It was the consensus of the Board to send a letter to Mr. C.ovich requesting
that the securities presently held in the name of Millhaus Realty Trust be
transferred to Circle M Realty Trust.
22. Board reviewed the letter hand delivered by Mrs. Jellinek regarding the
4:1 sloping of the edge of her property in the Circle C Estates. Planning
Director Maurer noted that RIM Engineering has placed stakes to show where
the 4:1 will go, however, the equipment has not been working on the site.
It was noted that there is no timelimit on this except for the expiration
of the covenant on September 26, 1976.
Acting Chairman Parsons felt that they, should request that the slope be
corrected prior to winter for erosion control purposes.
23. It was the consensus of the Board to hold the next Planning Board meeting
on September 8, 1976 at 7:30 P.M.
24. Mrs. Jellinek came before the Board and noted her concern with the
earth removal operation of Boro Sand and Stone, Inc. for land off Plain
Street.
25. Motion: To appoint Planner Parsons permanent chairman.
(Tighe -Mulcahy, all in favor) VOTED
26. Chairman Parsons questioned who was the principal now of Woodland Park.
It was noted that there was no principal that it is now the heirs.
27. Chairman Parsons noted that the ditch from Peter's Park across Gonsalves
property is squared off. Planning Director Maurer advised that he has
brought this to the attention of Mr. Gonsalves, who installed the ditch
for Mr. Ceccarelli and he is still putting off fixing it. It was noted
that this would have to be corrected prior to the release of any bonds
for this work.
-7 -
Minutes
August 25, 1976
28. Chairman Parsons questioned!if anything happened at the meeting with the Board
of Health concerning Camelot -at -Mansfield that the Planning Board should be
made aware of. Planning Director Maurer noted that there was nothing to
report and that Mr. Dunn is coming tomorrow and they will walk the property.
29. Chairman Parsons questioned if there was anything between other Boards that the
Planning Board should be aware of. Planning Director Maurer noted that there
was nothing of importance.
30. Planning Director Maurer felt that where there were so many new members that
they should have a field trip to look at the projects that they are discussing.
He questioned if the Board would consider a field trip meeting next wednesday
night. He noted that the Board of Selectmen had just appointed Mr. Hartman
from Village Estates who is a civil engineer, to the Planning Board. It was
the consensus of the Board that they should wait until there are more
members and possibly make it on a Saturday morning.
31. Meeting adjourned at 10:50 P.M.