HomeMy WebLinkAboutPlanning 09/29/1976MANSFIELD PLANNING BOARD
AGENDA
September 29, 1976
1. Call to order (7;30 P.M.)
2. Clerk's Report
a. Correspondence
b. Minutes of September 15, 1976
3. Warrant
4. Visitors Agenda
8:00 P.M. Carl Nelson re. Capt. John Williams Estate
5. Old Business
a. Status of Plans
b. Planning Board Policy*
c. Business Zoning
6. New Business
a. Public Discussion
b. Date for next meeting
c. Around the Table
7. Adjournment
*Discussion on Board Policy regarding conduct of meetings, voting procedure,
endorsement of plans and other pertinent items
NOTE: By -monthly meeting with Seclectmen, Board Chairmen, and Department
Heads to begin at 8:00 P.M.
MANSFIELD PLANNING BOARD
MINUTES
September 29, 1976
Present: Chairman Parsons, Clerk Tighe
Planners: Lesuer, Mulcahy, Mahana, Plourde, Hartmann
Planning Director Maurer
1. Letters were read from the following:
SRPEDD Advisory Committee of Water Quality notice of meeting.
Massachusetts Federation of Planning Boards Newsletter August -September 1976
Casa Realty To Planning Board regarding release of securities for Walnut Park.
P.J. Piscitelli to Planning Board regarding Circle C Estates West St.
Board of Appeals notice of Public Hearing on the application of Louis
Tarsa for a variance
Board of Selectmen to John Dunn regarding service with the Planning Board.
Board of Selectmen to Rodney Plourde regarding appointment to Planning Board.
Board of Selectmen to Karl Hartmann regarding appointment to Planning Board.
Board of Selectmen to Robert Lesuer regarding appointment to Planning Board.
MEMORANDUM to All department directors, town boards, and committees
from Town Manager regarding Budget forms for FY 77-78.
2. Board discussed the minutes of September 15, 1976. Planner Mulcahy noted
that he had not received his yet. Board postponed taking action on the
Minutes until Planner Mulcahy had a chance to review them.
3. Motion: To approve the warrant of October 5, 1976 in the amount of $112.46.
(Tighe-Mahana, all in favor) VOTED
4. Board reviewed the Form A plan for Walter Bogdanchik for land on West Street.
It was noted that the plan was marked "approval of this plan does not imply
approval of any future roadway.
Motion: To endorse the Form A Plan for Walter Bogdanchick for land on
West Street.
(Mahana, Mulcahy, all in favor) VOTED
5. Planner Mulcahy advised the Chairman that there is a dog hearing in the
Selectmens meeting at 8:15 which he would like to attend and requested to
be excused when the time came. The Chairman noted that this would be
acceptable.
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Minutes
September 29, 1976
6. Board met with Mr. Carl Nelson who advised the Board that he had a set of
plans known as Capt. John Williams Estate. He noted that the last time he was
in and talked about them that they could not find the prints in the Planning
Board office so they borrowed the linens from the Town Clerk's office and
at the end of last year he asked the Town Clerk for the linens back to make
the three minor necessary corrections to get the plans approved. He noted
that somehow the linens are lost. He noted that the Town Clerk can't find
them and the Planning Director can't find them or remember what happened to
them after the meeting that night. He noted that he would like to know what
to do about the linens so that he can get them corrected and signed.
Clerk Tighe noted that they talked to the Board previously with regard to
this and some of the members that ere no longer here seem to think that Mr.
Nelson took the plans with him. Planning Director Maurer noted that he
also talked to Ernest Whiteand he did not have the linens. Mr. Nelson noted
that he did'Abt have the plans in his possession.
It was noted that it would cost approximately $25.00 a sheet to have new
linens made and that there are 8 sheets. Planner Mahana requested the
Planning Directors recommendation. Planning Director Maurer noted that
there was no neglegence on the part of the Town and felt that they should
not be responsible for paying for them. He noted that as far as the overall
plans are concerned, where it was turned down it is now more involved than
making a few changes. For Example- the Oreen Acres subdivision, Town Counsel
advised that when a plan was turned down before approval a new Public Hearing
had to be held. He noted that the plan was disapproved on March 3, 1972.
He noted that another question is that of the subdivision regulations as
changes have been made since the plan was turned down. He again noted that
as far as the cost goes, he does not feel it is the Town's responsibility
to absorb the cost for making the new corrections.
Mr. Nelson noted that the plans were submitted. He noted that the set of
definitive plans were in the keepong of theTown and they were lost and he
felt it is the Town's responsibility. Mr. Nelson noted that as far as the
new hearing goes, it was disapproved subject to a few small changes. Hey
noted from his experience on the Board that the subdivision regulations under
which the plans were submitted is what is binding for the plan. He noted
that he should make the changes required by the Planning Board and when
these changes are made, subject to the pleasure of the Planning Board, then
they should approve the plan. He noted that he spent 10 years on the
Planning Board. Mr. Nelson noted that if the Town Clerk had the linens they
could be filed at the Registry of Deeds because the legal procedure for
disapproval was not done, such as the filing with the Town Clerk. He did
not feel that it was his responsibility to get the new plans made when
they were lost within the Town Hall and removed from the Town Clerk's
office when the Town C1erkwasn't even there. Chairman Parsons advised Mr.
Nelson that they would take this under advisement.
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Minutes
September 29, 1976
7. Motion: To approve the Minutes of September 15, 1976 as presented.
(Mahana-Tighe, all in favor) VOTED
B. Planning Board discussed the linens for Carl Nelson. Planning Director
Maurer noted that regarding the plans there is an amount of $200, involved
and that he has gone through the minutes and can't find a record in the
minutes where Mr. Nelson came before the Board. He noted tha t Town Counsel
has suggested that when they disapprove a plan that they advise the applicant
to get all his materials within a certain time period. Planner Plourde
questioned if they go to court because they don't pay the $200. is it going
to cost the Town more. Planning Director Maurer noted that they were not
lost within the 60 day review period that it was 2 years later and the plans
were not even before the Board. Planning Director Maurer noted that in other
instances Town Counsel has advised that after the plan is turned down and then
corrections are made that a new public hearing is required, however it is
questionable which regulations they come under.
Clerk Tighe felt that unless the responsibility of the loss can be pinned
down that he did not feel the Town should bear the cost.
Motion: That they notify Mr.'Nelson that they find there is no evidence
to support the Planning Board assuming the responsibility of
these missing plans and also that Town Counsel has advised the
Planning Board in his interpretation of the subdivision control
law that the plans be resubmitted under the present regulations.
(Tighe -Hartmann)- MOTION WITHDRAWN
Planner Lesuer questioned if there was any time period applicable to the
subdivision regulations for corrections to be made to the plens. It was
noted that there is nothing.
Planner Mahana noted that the Town could be responsible for every plan that
is disapproved because they have a receipt from the Town Clerk for the plans
being submitted but the Town Clerk has no receipt of the plans being returned.
Planning Director Maurer noted that the Town should only be responsible while
the plans are before the Board and that is a 60 day period.
Planning Director Maurer read the letter received from Town Counsel which
noted that a new public hearing must be held.
Motion: That the Planning Board get a written opinion from Mr. Grady
regarding the responsibility of the linens by the Town.
(Tighe-Mahana, all in favor) VOTED
Motion: To draft a letter to Mr. Nelson that if he resubmits the linens
there will be a new public hearing under whichever regulations they
should come under.
(Mulcahy) MOTION WITHDRAWN
Planner Mahana felt that there should be a reasonable time limit for corrections
to be made to subdivision plans. Ile noted that he did not want to make it
hard for a developer who has financial problems and has to let it rest for a
year but he can't see letting it rest for years.
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Minutes
September 29, 1976
Motion: That in the letter to Town Counsel they request an opinion as
to whether or not there has to be a new public hearing and whether
or not they should go under the old regulations or the new regulations
in effect at the time of the resubmission of the plans.
(Mulcahy-Mahana, all in favor) VOTED
Planner Mahana noted that the Town Clerk should receive a receipt back if
the plans are returned. Planning Director Maurer noted that while the
plans are under advisement the plans are kept in the Planning Board office
and if they are disapproved they are sent to the Town Clerk's office along
with the notice of disapprovement.
Motion: When a plan is approved or disapproved that the applicant be notified
of the Board's action and advised that there is a 20 day appeal period
and that after the appeal period they have 30 days in which to pick
up their plans or the Town will no longer be responsible.
(Tighe -Plourde, all in favor) VOTED
9. Board discussed different aspects of the planning Board's policies, past
and present.
Clerk Tighe noted that the Planning Board policy requred that everything had
to be approved by 4 members and that when there are only 4 members present
their hands are ridiculously tied. He noted that the purpose of this in
the begining was that they are required to have 4 members present and voting
to sign a plan for the Registry of Deeds. He noted that he would like to
see this policy changed
Motion: That the Chairman and the Planning Director attend the Selectmen's
bi-monthly meeting and that the Clerk assume the Chairman's seat
during their absence.
(Mahana®Plourde, all in favor) VOTED
(Planning Director Maurer and Chairman Parsons left the meeting at this time.)
10. Board adjourned for a 10 minute recess.
(Planning Director Maurer and Chairman Parsons re-entered the meeting.)
ll.C1erk Tighe felt that the items on the agenda should be based on a majority
vote. He stated that he would like to see this apply to everything that
does not have to be recorded in the Registry of Deeds.
Motion: That all items up for vote are either approved or disapproved by
a majority vote of those present and voting, with the exception of
items to be recorded in the Registry of Deeds.
(Tighe-Lesuer all in favor) VOTED
12. Chairman Parsons noted that he asked the Planning Director to go through the old
minutes and put down on paper some of the items that have come up before the
Board as policy that might be changed. Planning Director Maurer noted that
he did not have anything listed but one of the items was the voting procedure,
another was that an approval not required plan could not be signed the first
night it was before the Planning Board. The reason that this was changed is
the people started to come in with attorneys and they stopped the policy of
waiting a week. The problem with the Form A plans is that there is only 14
days in which to take action. The present practice is that if everything is
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Minutes
September 29, 1976
alright on the first night it would be signed.
Another item was the particular paper in which we advertised for a public
hearing. Planning?Directbri'Maurer noted that at one time he had advertised
in the Sun Chronicle because it has to be done 14 days in advance and there
were problems with the press. However, the Board complained and made it so that
it had to be advertised in the Mansfield Press.
Planning Director Maurer noted that there was another policy whereby the agenda
and minutes went out on a Friday. He noted that this was alright when the
meeting was on Monday but with the Meeting on Wednesday it is difficult. He
noted that this was never really settled. He noted that the last item he has
is the closing of the agenda. He noted it used to be on Monday at noon time
and now the policy is that anyone can get on the agenda right up until the
meeting starts.
Clerk Tighe felt that the agenda should be open for as long as possible
However, there should be a cut off date. Clerk Tighe noted that the waiting
while plans are being signed is wasting alot of time. Planning Director
Maurer noted that they could assign an agent to review the plans on behalf of
the planning Board and have this agents signature recorded in the Registry of
Deeds so that he could sign the plans on behalf of the Planning Board. He
also noted that the Board could still review the plan and pass on it then
just hand them over to the agent for endorsement. Planner Mahana suggested
that the Board review the plan and pass on it and then sign them out at the
counter after the meeting is over. Planner Plourde also noted that the Chairman
could be assigned as the agent to sign plans for the Board. It was the
consensus of the Board to try the system of having them at the counter at the
end of the meeting to see how this works.
Clerk Tighe noted that -in some instances they receive a small agenda and when
they get here there are 6 or 7 Form A plans added to it. He felt that there
should be a limit put on this:
Planner Mahana felt that there is no reason why they can't advertise in the
Sun Chronicle. Chairman Parsons noted that there was objection voiced by the
citizens of Mansfield in putting ads into the Sun Chronicle.
Planning Director Maurer noted that alot of the Planning Boards have their
policies written out, such as the procedure for the starting time, how they
go about getting on the agenda and so forth.
Clerk Tighe felt that persons should be able to get on the agendaright up
until the start of the meeting.
13. Planning Director Maurer advised the Board that he has nothing to report on
the Business Zoning be:ca:us:e! for the past 1 2 weeks they have been tied up
with the Legislature on the obtaining of easements in Norton. I9e;noted that
he had looked into the cost of reproducing the second phase of the Comprehensive
Planning Program and it would cost, for 25 copies, between $250 and $245.
Planner Mahana noted that he could get this done cheaper.
(Chairman Parsons left to attend the Selectmen's meeting.)
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Minutes
September 29, 1976
14. Board reviewed the letter received from P.J. Piscetelli, attorney at law, regarding
the Circle C Estates subdivision. Planning Director Maurer noted that they
have the preformance bond on this work and that the loam is spread over
most of the slope. He noted that last week he met with Ralph Maloon and
Kevin McCann of Millhaus and that after the spreading of the loam, before they
place any seed, he wanted a letter certified from Ralph Maloon that the
slope infact is a 4:1 slope. He noted that once they receive that letter the
responsiblity will be put on the shoulder of Ralph Maloon. He felt that there
was no necessity to respond to this letter until they have received the letter
from Ralph saying that it is a 4:1 slope. He noted that Millhaus wants to
finish this during this fall and plant the seed. He noted that as far as
the whole subdivision is concerned he looked on this as a minor point.
Clerk Tighe questioned how long it would take to get the certified letter.
Planning Director Maurer thought that they might have it sometime next week.
Planner Mahana noted that the burden will then shift to Ralph Maloon and
questioned what would happen if he were wrong. It was noted that once he
puts his stamp on something that he then assumes the responsibility.
(Chairman Parsons re-entered the meeting at this time.)
15. Board reviewed the requestfrom Casa Realty for the release of $5,000 for
the drainage easement work in Walnut Park. Planning Director Maurer noted
that during the pastrweek they have loamed and seeded and he had talked with
Mr. Gonsalves ,yesterday and noted items that still had to be corrected. He
suggested that the postpone action on this request until he has had a chance
to review the site again to make sure these small items are taken care of.
Motion: To table the request from Casa Realty for the release of $5,000
until the next meeting.
(Mulcahy, Tighe, all in favor) VOTED
16. Board reviewed the notice from the Zoning Board of Appeals for a public hearing
for Louis Tarsa for a variance to erect a sign larger than allowed in the
Residence B Zone. Planning Director Maurer noted that there is a variance
to convert the existing dwelling into office spaces and that there should
be'.restrictions on the variance stating the parking that is required and that
the sign should either be the size for residences or the size allowed for
business, however there are no restrictions.
Motion: To recommend to the Board of Appeals that the variance for
Louis Tarsa be granted.
(Mahana®Mulcahy, Plourde, Hartmann, Lesyer in favor, Tighe opposed) VOTED
17. Board reviewed the budget request form from the Town Manager. It was noted
that last years budget was $1,855. This covers the cost of the public hearings,
typewriter warantee, printing of By-law and subdivision regulations, telephone,
gasoline and dues. Planning Director Maurer noted that he did not see any
reason to increase this expenditure except for possibly in the telephone account.
Planning Director Maurer noted that they used to have a consultant account that
would have a $3,000 balance every year. Now it is down to about $1200. He
felt that maybe the Board may want to think of projects that they may want to
fund through next years budget. It was noted that the planning Board also
absorbs the expense of the minutes from the Capital Improvement Program,
and the Downtown development Committee.
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Minutes
September 29, 1976
Motion: To have the Planning Director prepare a suggested budget for
the Board's review at the next meeting.
(Tighe-Mahana, all in favor) VOTED
18. Chairman Parsons noted that for the last two years he has been the Board's
representative to SRPEDD and that he would like to resign from this. He
noted that they meet every 4th Wednesday of the month in Taunton. He noted
that the Goals of the SRPEDD are very good, however he has only been able
to attend 1/3 of scheduled meetings because he felt it more appropriate to
attend the Planning Board meetings. It was noted that in order to be
eligible for any Federal funding that you must belong to SRPEDD.
Motion: To accept Chairman Parsons'rresignation `as the Planning Board's
representative to SRPEDD.
(Tighe®Mahana, all in favor) VOTED
It was suggested that the new members be given time to think over if they
would like this position and to have Planning Director Maurer obtain any
information available for orientation to be sent to the three newest
Planning Board members.
19. Mrs. Jellinek advised that Board that the loam was put on the slope in
the Circle &�EStates months ago. She noted that she was there when the
2 fellows from RIM Engineering was there and there is one place that
needed 3 feet of fill and they only put a few inches of loam on it.
There are absolutely 2 places that are in no way a 4: 1 slope. She noted
that she would have it checked out by an engineer who is not hired by the
developer.
20. Planner Mahana noted that he would like to congratulate the Planning Director
on the presentation to the Board of Selectmen in Foxborough regarding the
sewer.
21 Planning Director Maurer noted that he had handed out tonight a copy of the
formal report prepared by Camp, Dresser, McKee on the facilities plan for the
sewer and that the Public Hearing will be held on the 27th of October. He
noted that there is one copy of the full document for the Planning Board to
review.
Planning Director Maurer noted that regarding the acquisition of the property
in the Town of Norton that they have been working on it for quite a while and
they met with the Legislative Committee last week and they told the Town
everything that they felt they would need, which included approval from the
Town's of Foxborough and Norton, which the Town Got. He noted that the hearing
for these bills was today and the commitee will report in favor on the
acquisition of the Dever Property at this time. The Committee was concerned
that there was a bill to be approved for the acquisition by eminent domain
for easements in Norton."h7hey were concerned with eminent domain and the fact
that the list showed all the abuttors to the railroad bed and now they want
thectown to contact all these abuttors. He noted that in December the Town
would have to file a bill again for the easements in Norton.
He noted that the whole project of the sewer plant seems to be on s(chedu1b, in fact
6 months ahead of schedule.
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Minutes
September 29, 1976
22. Planning Director Maurer advised the Board that he handed out a transportation
community attitude survey and introduced Ron Sullivan from Bridgewater State
College, who will be working with the Planning Director and they decided that
because there will be a big article before the Town Meeting next Spring for
partidipation by the Town with the MBIA that they should get some background
information. He noted that Ron would be getting all the information from
MBTA and public imput regarding the Town's participation. It was noted that
the preliminary information shows 582 people per day using the train from
Mansfield. This is higher than the projected figures from the MBTA.
It was noted that item 4 on the questionnaire should read "Is bus transportation
anSacceptable alternative for existing rail service provided schedules and
cost to the commutor are equal?"
23. Chairman Parsons noted that regarding the securities of plans and prints that
he has noted at least a dozen persons entering into the Planning Board office
during the Planning Board meeting and felt that the door should be kept closed.
24. Planning Board signed the citations for John Wellington, Benoni Latham, and
John Dunn as prepared by Planner Mahana.
25. It was the consensus of the Board to hold the next Planning Board meeting on
Wednesday, October 6, 1976 at 7:30 P.M.
26. Me) ng adjourned at 10:30 P.M.
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