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HomeMy WebLinkAboutPlanning 11/17/1982PLANNING BOARD AGENDA November 17, 1982 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report (a) Correspondence (b) Minutes of November 3, 1982 3. Warrant 4. Visitor's Agenda 8:00,- Margot, Jellinek Michael -Angela Estates II 8:10 - Francis Shaw Ephriam Drive Drainage 8:15 - Clinical Science Labs Proposed Building - Mansfield Industrial Park Robert Carter., Bob Juliano, Stanley Elfbaum., and Roy Goodwin 8:30 - Ron Webster - Form A - Walnut Street' 5. New Business (a) Around the Table (b) Status of Plans 1. Form;A - Galanti - Otis Street 2. Form A - Webster - Walnut Street 3. Site Plan - Apple Tree Diner- Chauncy Street (c) Correspondence (d) Date of Next Meeting (e) Public Discussion 6. Adjournment ff 3 PLANNING BOARD MINUTES November 17, 1982 Present: Chairman Seifert, Clerk Flynn Planners: Brugliera, Parsons, Kaufman, and DeGirolamo*, and Genatossio* Planning Director Folkman 1. Meeting called'; to order at 7:30 P.M. 2. Motion: To have Marydee Flynn be clerk (Parsons - Kaufman, all in favor) VOTED *Planner Genatossio entered the meeting 3. Correspondence Copy of a letter from Mitchel Seifert to W. Chadwick Maurer regarding the Planning Director's salary increase. Copy of a memorandum from the Planning Board to the Board of Selectmen regarding the DAC's recommendation regarding the Old Colony Railroad right-of-way design. Copy of a memorandum from the Planning Board to the Board of Selectmen regarding the DAC's work schedule. Copy of a letter from Mitchel Seifert to the Zoning Board of Appeals regarding the board's recommendation on the variance application of Robert Comtois. Copy of a letter from Mitchel Seifert to the Zoning Board of Appeals regarding the board's recommendation on the variance application of Paul Petersen. Copy of a letter from Mithcel Seifert to the Zoning Board of Appeals regarding the board's recommendation on the variance application of Mary Ann Gelenian. Copy of a letter from Mitchel Seifert to Ralph Maloon requesting him to appear at the board's meeting of November TO, 1982, to explain the variance requests of Brugliera and Rea. Copy of a letter from Mitchel Seifert to Dale Anderson regarding the board's vote to release Subdivision Bond No. U-28-05-22. Copy of a letter from the Planning Board to George Wey regarding Plantingfield Road Subdivision. Copy of a letter from Mitchel Seifert to Bertram Cook regarding the board's recommendation for the Apple Tree Diner site plan. Planning Board's minutes November 17, 1982 Page 2 Copy of a letter from Paul Folkman to the Zoning Board of Appeals regarding the board's recommendation on the variance request of Joseph Brugliera. Copy of a letter from Paul Folkman to the Zoning Board of Appeals regarding the board's recommendation on the variance request of David Rea. Copy of a letter from Mitchel Seifert to the Zoning Board of Appeals regard- ing the board's recommendation on the variance request of Gary and Rosemarie Austin. Copy of a letter from Mitchel Seifert to Sidney Covich regarding Circle C Estates Subdivision. Form A review checklist - Fairfield Optical Company - Forbes Blvd. Form A review checklist - Ronald B. Webster - Walnut Street. Form A review checklist - Joseph & Suzanne Galanti - Otis Street. Memorandum from the Conservation Commission to Paul Folkman inviting the board in to their next meeting on December 13, 1982. (cc to Mitchel Seifert) Copy of a memorandum from Paul Folkman to the Planning Board regarding Massachusetts Community Development Action Grant Program. Copy of the Board of Health's minutes dated October 27, 1982. Copy of the Board of Health's minutes dated October 13, 1982. Copy of the Conservation Commission's minutes dated October 18, 1982. Memorandum from Paul Folkman to the Planning Board regarding the minor changes which were made on the Apple Tree Diner site plan. Letter from Marilyn Z. Kahn to the Planning Board regarding the Sharon Conservation Commission's recent disapproval of the Canoe River Estates Subdivision. Memorandum from George Wey to the Planning Board regarding Plantingfield Road Subdivision. Copy of a letter from the Bedford Planning Board to the Planning Board requesting a copy of Mansfield's Subdivision rules and regulations. Copy of a letter from Mitchel Seifert to Michael Coppola regarding the Michael -Angela Estates II Subdivision. Notice of receipt from Michael Coppola for the letter which the Planning Board sent to him regarding the Michael -Angela Estates. Copy of a letter from the Conservation Commission to MEPA Unit regarding Shepard/Nelson pond. Copy of a letter from Robert P. Fagan to Frederick I. Iddings regarding Mansfield's Wetland File No. SE 211-84. Planning Board's minutes November 17, 1982 Page 3 Copy of a memorandum from Paul Folkman to the Conservation Commission regarding Shepard's/Nelson's proposed pond. Letter from Francis X. and Annette L. Shaw to Mitchel Seifert regarding the drainage system in the Colonial Heights Subdivision. Order form from the R.S. Means Company. Pamphlet from the Construction Industry Press entitled The Construction Professional's Reference Shelf. Copy of a hearing notice from the Attleboro Zoning Board of Appeals. Hear- ings will be held on November 18, 1982, as follows: Lucian Boisse - special permit to operate an auto salvage yard at 283 Turner Street. Linda Goetz - variance for minimum lot area. Joseph Arruda - special permit to construct a storage shed at 10 Walnut Street. Patricia Desmarals - special permit to convert and existing two family dwelling into a six -unit at 103 Bank St. 4. Bill from the Mansfield Press, Inc. for the application add for the sub- committees in the amount of $30.80 Motion: To pay (Brugliera - Parsons, all in favor) VOTED 5. Planner Kaufman Planner Kaufman informed the board thathehas a time problem, and he feels he would like to request a leave of absence or 'resign' He would prefer to have a leave of absence. He will have a time problem for at least two or three months. He realizes the board is starting the master plan, and it should have a full board in attendance. Chairman Seifert said he would prefer to see Donald stay, but he feels the board would have to put in more nights for the master plan to keep in on schedule. Planner Parsons said he feels it is regretful.. 6. Letter from the Bedford Planning Board requesting a copy of Mansfield's Subdivision rules and regulations. Motion: To send Bedford a copy of Mansfield's Subdivision rules and regulations and ask them to send Mansfield a copy of theirs. (Flynn - Brugliera, all in favor) VOTED 7. Minutes of November 3, 1982 Motion: To approve (Genatossio - Parsons *Planner DeGirolamo entered the meeting. Planner Flynn pointed out that after she left the meeting of November 3, the board discussed the budget. She said if she had know they were going to be discussing the budget, she would have stayed and been late for work. She does not feel that something of this magnitude belongs at the end of the agenda. She feels this should have been discussed as it came up on the agenda, not at around the table; or the handout should have been passed out before the meeting. Planning Board's minutes November 17, 1982 Page 4 Planner Genatossio pointed out that on Page 7, in ,reference to Tony Caponigro's Form A, the cart road shown was labeled a right-of-way. *Planning Director entered the meeting Planner Genatossio also said that on Pages 8 and 9, under the discussion of the budget, she would like the following added, "Planner Genatossio was upset with the salary increase proposed by the Planning Director because of the large increase that the Planning Director had proposed for himself. Motion: To approve the minutes of November 3, 1982 as amended. (Parsons - Genatossio, all in favor) VOTED 8. Margot Jellinek - Michael -Angela Estates II Subdivision Margot Jellinek informed the board that she had attended the Foxboro public hearing regarding Michael -Angela Estates, and she will be attending again tomorrow night because the hearing was continued to the 18th of November. She said that two or three weeks before, the Planning Director said he was satisfied with the drainage because all of the run-off will be contained in the 40 acres of land, and this is not a problem. She pointed out that pre- viously she presented the board with a map which showed that the subdivision is sitting on top of a major aquifer. She said that the letter which the Planning Board sent to Foxboro was excellent. She feels that the board did a 100 percent turn -about. She said she is concerned with the on-site sewer, and she informed the board that she received a letter from the State Department supporting her arguement. She read this letter to the board.' Chairman Seifert read the letter which the board sent to Foxboro. Planner Flynn commented that the Planning Board did not do a 100 percent turn -about. Francis Shaw - Ephriam Drive Drainage Chairman Seifert read the letter from Francis X. and Annette L. Shaw regard- ing the drainage system for Colonial Heights Subdivision to the board. Mr. Shaw appeared before the board and presented them with a plan. He pointed out the location where two catch basins were suppose to be installed. He explained the previous drainage problem, and the existing drainge problem. He informed the board of flooding on his property. Planning Director said the last conversation he had with William Canaday was at least a month ago. He pointed out that he has been trying to reach 'him. Planning Director said there was a drainage problem last winter, and it has been corrected. He said that the understanding was that the drainage ,was to be in before this winter. It was pointed out that Mr. and Mrs. Shaw called the Planning Director two or three weeks ago, and he has telephoned William Canaday, but 'he- has 'rnot received a return call yet. Motion: To send a certified letter to William Canaday demanding he start the drainage work immediately and have it finished by December 10, 1982. (Flynn - DeGirolamo, all in favor) VOTED 10. Clinical Science Labs Proposed Building Mr. Bob Juliano appeared before the board and introduced the people who accompanied him. Chairman Seifert read the letter from Clinical Science Labs. In this letter it states that they are proposing to erect a smaller building than originally proposed and would like to provide drainage for their project only. Mr. Juliano informed the board that he has spoken with Planning Board's minutes November 17, 1982 Page 5 Mr. Schmidt and explained their concept. He generally agrees with them. They would like to come before the board with a site plan. Before that, they would like to discuss what was proposed on the original subdivision plan, i.e., draining the back parcel. They don't feel it is necessary to install the drainage ditches, which are for the drainage of the back parcel. It was pointed out that two side easements have been secured for the back parcel. The are proposing to construct a ditch in the open channel in the front of the parcel, and it would exit under Francis Avenue. It was pointed out that the storm frequency is design for 10 year, but the ditches could carry far greater than that. Planning Director informed the board that they previously notified them that they would have to hold a definitive subdivision hearingto waive the drainage. Since that time, under Section 81W they said they are not asking for a modification of the definitive subdivision plan; but they are requesting a waiver so they don't have to build the drainage as shown on the approved plans since it does not relate to their project. The Planning Director said he doesn't have a problem with what they are request- ing. He said that the easements remain with the land. They are proposing a 1/5 the size building. A 40 foot strip has been left for the easements. It was pointed out that their lot is at the lowest point on the property. Motion: To give the original subdivision plans to George Wey for his review and comments (Flynn - Genatossio) In Favor - Brugliera and DeGirolamo Opposed - Parsons and Kaufman The drainage easements on the sides are for the rear lot, as stated in the deed. Motion: To approve the concept as presented subject to George Wey review- ing the drainage proposal and confirming with the Town Planner. Both of them should be in agreement that it will not be detri- mental to the subdivision plans. The approval of this concept does not constitute the approval of the site plan. (Kaufman - Parsons Planner Genatossio said that the board should act as a Planning Board and not delegate this to the Planning Director, who is suppose to be the board's agent. Planner Flynn said she would like to have George Wey review the plans first. There was some discussion regarding this. Final Vote: ;(Kaufman - Parsons) In Favor Brugliera and DeGirolamo Opposed Flynn and Genatossio 11. Form A - Ronald Webster - Walnut Street This Form A consists of two lots, Lot No. 96 and Lot No. 100. It is located on the west side of Walnut Street. Both lots conform to zoning with the exception that Lot No. 100 has a frontage variance dated May 20, 1970, and a five foot sideline distance; but the building existed before zoning. Mr. Webster appeared before the board and said they would like to move the lot line between the lots. They would like to put and addition on Lot No. 96. Motion: To sign the Form A (Kaufman - Genatossio, all in favor) VOTED *Planner Brugliera left the meeting Planning Board's minutes November 17, 1982 Page 6 12. Form A - Joseph V and Suzanne I. Galanti - Otis Street This Form A consists of 1 lot. It is approximately 10.3 acres located on the northwest side of Otis Street. Lot No. 1 contains sufficient area, but does not comply with the frontage requirements. It was granted a Board of Appeals approval on September 7, 1982. There was a note on the checklist for Item No. 13. This note was to refer to the assessors' map which was attached. The board's attention was also brought to -a note which Ralph Maloon added to the plan. Motion: To sign the form A and stamp it with the stamp that states, "Approval of this plan does not imply the approval of any future roadway for any future subdivision. (Parsons - Kaufman, all in favor) VOTED 13. Form A - Fairfield Optical Company - Forbes Blvd. This parcel contains 13.45 acres and is located on the southerly side of Forbes Blvd, opposite Berkshire Road. The parcel has sufficient frontage and area on Forbes Blvd. They would like to create two lots. Lots A and B. All the items on the checklist were checked off. Motion: To sign the Form A (Parsons - Genatossio, all in favor) VOTED Abstained: Kaufman 14. Correspondence Chairman Seifert read the letter from the Conservation Commission and the letter from the Sharon Planning Board. It was pointed out that the Planning Board wrote them a letter requesting plans prior to action. 15. Apple Tree Diner - Site Plan - Chauncy Street Chairman Seifert read the memorandum from Paul Folkman regarding the modifica- tions to the Apple Tree Diner site plan to the board. The changes were made at the request of the Conservation Commission and Copeland Realty Trust. These changes are: (1) Installation of a grease trap in the parking lot, (2) Installation of an open swale drainage system in lieu of a piped system from the parking lot to Lyons Brook, and (3) Modification of the, parking lot design to remove the 30' right-of-way. Planner Parsons pointed out that there should be a provision for a sidewalk. Motion: To send a letter to the Building Inspector requesting that he work something out with the developer so that a sidewalk will be installed. (Parsons - Genatossio, all in favor) VOTED 16. Plantingfield Road Memorandum from George Wey to the Planning Board which states that George Wey is of the opinion that the need for a 'off-road' catch basin at the planned location is not necessary. Planning Director pointed out that the developer does not want to install the pipe rail fence, and he would like the board members to go out and look at the site. The waiver of the pipe rail fence is the decision of the Planning Board. Planning Board's minutes November 17, 1982 Page 7 Motion: To waive the requirement of Catch Basin A from the Plantingfield Road Subdivision plan. (Parsons - Kaufman, all in favor) VOTED 17. Around the Table Planning Director asked the board what they wanted to do with the pipe rail fence. There was discussion as to why it is on the plan. It was pointed out that the town will have to maintain it. It was suggested to look back into the minutes of 1974-75 for information as to why it is on the plan. In reference to the Shepard/Nelson pond notification form, the 'Planning Director informed the board that the comment ,period is from 11/,8/82 until 11/29/82. They will be rendering a decision on December, 8, 1982. People from the State MEPA Unit and DEQE will be coming out to walk the site. The Planning Director has the opportunity to accompany them. Planning Director read his list of possible areas of review. Planner Parsons sug- gested writing a letter stating that the board has very strong feelings about the negative impact of this pond; and should it be developed, the board would hope that the by-laws, which the town used to have for pond development, would be followed. It was pointed out that a new pond does not comply with the Zoning By-laws of Mansfield because they, are not allowed. Planner Genatossio pointed out that they can't call it an extension of Cabot's Pond because there is going to be a 50 foot buffer in between. Planner Parsons said that if they should win the arguement and the pond may be developed, he would at least want them to carry safe ,guards along the provisions of pond development that the town used to have. Planner Flynn suggested re -enforcing the Conservation Commission in a letter. It was the consensus of the board to have the Planning Director accompany DEQE and the State MEPA Unit on their site ;walk and then write a letter which the Planning Board will sign. Some of the areas of review are the 'loss of wetland, construction impact, and that the pond will be located in a flood plain area. Planner Flynn asked what the Massachusetts Community Development Action Grant Program. Planning Director informed the board that this is a new grant program which come through the town. It is a local, concept of the UDAG Grant. It may be used for blighted areas of the downtown. He has talked ,with the Selectmen: The deadline for the Round I funding is November 29, 1982. Therefore, the Planning Director is going to monitor Round I. There is approximately 7 million available in Round II. He has sent out a memorandum to Department Heads, Board, and Committees asking for projects they would like to see funded. Planner Genatossio suggested writing a letter to Town Counsel regarding where conflict of interest begins and ends. She said .she went out to Granada Park just after the Planning Board reduced the bond to see how the street was coining, and she said the DeGirolamo's were working there. Planner DeGirolamo said that the money was released for granite, and he was not involved in any of the granite work. Planning Director said that each member is responsible individually, not as a board. Planner Genatossio said she would like this clarified. Chairman Seifert pointed out that he had his own attorney, in his opinion, decide exactly what is a conflict of interest; and Town Counsel gave his opinion. They were both different. Planning Board's minutes November 17, 1982 Page 8 It is a matter of individual choice. Planner DeGirolamo pointed out that up until this year, they didn't do alot of work in Mansfield. He said he is going to use his own judgement. *Planner Flynn left the meeting. The Planning Director suggested that Planner Genatossio write a letter to Town Counsel on her own behalf. 18. Public Discussion Margot Jellinek said that when Circle M comes up at a Planning Board meeting regarding the roads, Planner DeGirolamo would have to leave. She presented the board with a map which showed where Clinical Labs proposed building would be located. She said they appeared before the Conservation Commission. They will be using low-level radioactive material. They claim that after six months, it is no longer active. She also pointed out that the engineer doing the work for Clinical Science Labs did Owens Illinois. She said that if a site plan comes in, the board will need professional advice. 19. Date of Next Meeting is December 1, 1982. 20. Adjournment 10:05 P.M. 4�2 CLERK /¢ !<�r,/ 9 DATE