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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. _2® 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. ®3n 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. -4 - 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 ® 5 _ 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.) -6_ 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. _7® 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. W 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. A 4 -- Uig e