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HomeMy WebLinkAboutPlanning 12/15/1982PLANNING BOARD AGENDA December 15, 1982 1. Meeting called to order at 7:30 P.M. 2. Clerk's Report (a) Correspondence (b) Minutes of December 8, 1982 and November 10th and 17th 3. Warrant 4. Visitor's Agenda 8:00 - Margot Jellinek - Circle 'C' Estates 8:10 - Karl Clemmey - I. West Street Rezoning 2. Copeland Drive Rezoning 8:20 - Clinical Science Labs - Site Plan - Francis Ave. 8:30 - James Cannata - Cedar Meadows Subdivision Drainage 8:40 - Robert Unger - Surplus Material Permit 8:50 - Leo E. Peloquin - Central St./Route 140 Rezoning 9:00 - Walter Hovey - Subdivision on East Street 9:10 - Aldo Paglia and Ronald Bonvie - Route 140/Route 106 Rezoning. 5. New Business (a) Around the Table (b) Status of Plans 1. Site Plan - Clinical Science Labs - Francis Ave. 2. Form A Plan - Fireside Realty Trust - Branch St. 3. Variance - Austin - Pratt Street (c) Correspondence (d) Date of Next Meeting (e) Public Discussion 6. Adjournment PLANNING BOARD MINUTES December 15, 1982 Present: Chairman Seifert, Clerk DeGirolamo Planners: Flynn, Brugliera, and Genatossio* Planning Director Folkman 1. Meeting called to order at 7:25 P.M. 2. Correspondence Resignation letter from Kenneth Parsons to the Planning Board. Motion: To send Ken a letter of appreciation for his service on the Planning Board. (DeGirolamo - Flynn, all in favor) VOTED Site Plan Checklist - Clinical Science Labs - Francis Avenue. Building Construction Reports from the months of November and October. *Planner Genatossio entered the meeting. Copy of a letter from Paul Folkman to Joseph Cronin regarding design and repair of locally owned bridges. Copy of a memorandum to the Planning Board from Mary Connor regarding the due date of the annual Town Report. Copy of a letter from Paul Folkman to Cynthia Meisner regarding the procedure for hiring a Planning Director. Copy of a letter from Paul Folkman to David Carls regarding the Water Supply Protection District Zone. Copy of a letter from Paul Folkman to David Mosena regarding off-street parking requirements. Coy of a amendment of the PublichWorAC to rks Ecconavid Locke nomicc DevelopmentdGraHouse Bill 6585, Grant. Copy of a letter from Paul Folkman to the 3edford Planning Board regarding their-- request for a copy of Mansfield's Zoning By-law and Subdivision Rules and Regulations. Copy of a letter from Mitchel Seifert to Bertram Cook regarding the Apple Tree Diner site plan. Form A Review Checklist - Lester S. Epstein - Walnut Street Form A Review Checklist - Fireside Realty Trust - Branch Street. Planning Board's minutes December 15, 1982 Page 2 Memorandum from the DAC to the Planning Board requesting that the DAC be allowed to use SRPEDD's services in the absence of the Town Engineer. Motion: To allow the DAC to use SRPEDD's services. (Brugliera - Genatossio, all in favor) VOTED In reference to the Colonial Heights Subdivision, Clerk Detorlook atuthe gested that if the board members haven't already gone twobwaterthat waysthey thatdrunoby theirinted out property.that Theseere arehave natural. been Copy of a letter from Paul Folkman to whom it may concern which states that the Joseph T. Iacuzzi Company has performed their responsibilities regarding the construction of drainage at Fairfield Park. Clerk DeGirolamo pointed out that the Iacuzzi Company is one of the oldest and best pipe outfits around. He said he feels they could save the town some money in development instances. Notice of a meeting for the Joint Transportation Planning Group from SRPEDD. There was some discussion regarding appointing someone to this committee. Planner Genatossio said that SRPEDD appoints people, not the Planning Board. Memorandum from Robert Rizzo to the Planning Board dated December 3, 1982, requesting that the pipe rail fence and the catch basin be deleted from the approved plans. Copy of a letter from Mitchel Seifert to Robert Rizzo dated November 19, 1982, informing Mr. Rizzo that the board voted to waive the requirement of installing the catch basin. The Planning Director asked the board what they would like to do concerning the pipe rail fence. He informed them that a punch list has been made, and an as -built and deed description will be done by Mr. Rizzo. There was some discussion as swhy t the ownership the pipe rail fence is on the plan. It was pointed out thahip of the property which the fence will be on has changed, and if it is installed, the town will have to maintain it. Motion: To delete the requirement of the pipe rail fence from the plans. (Flynn - DeGirolamo) WITHDRAWN Motion: To send a letter to the owner of the property asking his opinion on whether or not he would like to see the pipe rail fence installed. (Genatossio - DeGirolamo, all in favor) VOTED 3. Bill from New England Telephone in the amount of $64.02 Motion: To pay (Flynn - Brugliera, all in favor) VOTED 4. Bill from the Water Resources Research Center in the amount of $3.00 for the book entitled Geology & Udrology of Wetlands in Massachusetts. Motion: To pay (Brugliera - Flynn, all in favor) VOTED Planning and Zoning Newsletter from the Mass Federation of Planning Boards. Forest Management Plan from Robert Unger for his surplus material request. If Variance application from Gary & Rosemarie Austin to construct a single family dwelling at 344 Pratt Street which will have no frontage but a 40 foot easement. Planning Board's minutes December 15, 1982 Page 3 { Letter from Richard Howe, Town of Easton, to Bertram Cook regarding the Zola family's surplus material request, dated October 27, 1982. Letter from Jerome Fletcher to Bertram Cook regarding the Zola family's application for a surplus material permit, dated November 10, 1982. Letter from Peter O'Brien to Jerome Fletcher regarding the Zola family's surplus material request, dated November 23, 1982. Copy of a letter from Paul Folkman to the Executive Office of Environmental Affairs regarding Shepard's Pond. Copy of a certified letter from Mitchel Seifert to William Canaday regard- ing Ephriam Drive drainage. Planning Department's budget report for the month ending November 30, 1982. Literature from the R.S. Means Company regarding the Building Construction Cost Data for 1983. Conference agenda from the Association of Massachusetts Local Energy Officials. Copy of a letter from Paul Folkman to Leonard Pinault regarding Cabot Pond Mortgage Account No. 51020546580. Copies of decisions from the Zoning Board of Appeals as follows: Joseph Brugliera - to change the property line between 14 and 18 Heather Lane - GRANTED. David Rea - to change the property line between 18 and 14 Heather Lane. GRANTED. Mary Ann Gelenian - to construct a bulkhead entrance at 631 Ware Street. GRANTED. Douglas and Hope -Ann Faulkner - to convert an existing barn at 126 Union St. into a one -bedroom apartment. GRANTED. Paul Petersen - to construct a 24 ft. X 50 ft. attached garage at 139 Grove Street. GRANTED. Copy of a legal notice from the Town of Sharon. A hearing will be held on Deember tocextend2a garageaforward bynsixefeet attion of Leo 30 Ashcroft Road9el fora variance Copy of a public notice from the Town of Foxboro. Hearings will be held on December 2, 1982, as follows: 8:00 - Hearing regarding the modifying, amending, or rescinding its approval of a plan of a Subdivision entitled "Reservoir Estates II". 9:00 - enta"for approval of a aceun Plan itledSummervilleTerrace" to be loatedoffofCocassetStreet. Copy of a legal notice from the Attleboro Zoning Board of Appeals. Hearings will be held on December 16, 1982, as follows: Donald Phillips - variance from the minimum lot width requirement - Sentinel Hill Road. Planning Board's minutes December 15, 1982 Page 4 Donald & Janette Parslow - 9SchoolStreet. ariance fromhe side lot requirement for ses at 326 Laurence Stephen QRose & Ja es Bonneancefromspecialthedeelottrequirementito house srfor 20 MiddlekSt. uaglia Copies of decisions from the Attleboro Zoning Board of Appeals as follows: Lucien J. Boisse - special permit - Denied. Patricia Desmarais - variance - Granted John & Linda Goetz - variance - Granted. Andrew & Barbara Dadagian - variance - Granted A. Caponigro & Co. - special permit - Granted Lovaco, Inc. - special permit - Granted Jonathan O'Brien - appeal of the Building Inspector's decision - In favor of the applicant. Beachwood Estates - Heather Lane - Franklyn Allen and Peter Fontanini The Planning Director informed the board that the deed, description andthe as-built plan have been submitted. The Planning Director, George WeY as unch li lishedvforpthe developers t afollow. The board and ispholding s$2h481b36nfor tab- may_be released. It was pointed out that a Paula Lane, and $2,981.99 for Heather Lane. As soon as the punch list items are completed, the contingency puddle is being monitored in the cul-de-sac. Canoe River Estates Subdivision - Douglas King Builders the assbook had been released The Planning Director informed the board that p by the bank. Planning Director wrote Ralph Jackson, President of Canton theTownof Mansfieldgto guarantee cmpletionhOfPimprovementsssbook was be1Thehtownbs records indicate that the passbook should have a current balance of $10,600. Ralph Jackson has talked to Paul on the telephone and 'said he is working with the developer and expects to be able to correct this. Security Estimates for Kent, Lincoln, 2utland, and Cambrid e Streets As per a request by Paul Dalton, the Planning Director updated the security guaanteswasrdoneebyfthet1982 MeanscCatal Catalogue. above update he constrution of streets i $1,012,643.90. Strawberry Meadow are holding $21,000 The Planning Director informed the board that they or the completion of Meadow Lane. Allen Willis will be completing the road, be oing the er of creit noo000 ha and another developer slbeendreceived fromethe tMansfield tCo Operative the ain Bank. This needs to be signed so that the covenant release may go to Folkman which Letterom grantingmond Hayes to mortgagesaul to another developertwithhth1983. premise that Mr. Willis will be able to complete the work by July 1, 1983. They requested to receive a letter which states that the Planning Board wants the work completed by July 1, 1983, or they will utilize the bond. Planning Board's minutes December 15, 1982 Page 5 ve Motion: To thatt tthe PlanningnBoard ewill areview dthe -O� status of tk� he project on July 1, 1983. (Flynn - Genatossio, all in favor) VOTED *Planner Brugliera abstained. larding the fire alarm box. Planning Director There was some discussion re said tthat therand Thomas oLeona rd reetelight inel it othe cul-de-sac. It was pointed out hat ll Letter from Donald M. Duguid, Bay Bank Norfolk Trust, to the Mansfield Planning Board stating that since the board 36,575.64rin Sav`ingsrelease NO- 118-24617 $11,868, the bank is presently holding $ for the purpose of providing a continued Performance Bond to guarantee construction on Granada Circle and Evans Circle. ela tates 11. Copy of the Environmental Impact Report Coppola would for the 1l`ikelthe gboard sto review Planning Director said that approved rovedael ccnditional upon the Environmentalfirm. this. The project has been app an engineering Impact Study, being alright. It needs to be reviewed by er It was suggested that Mansfield split the cost of an en gyn$300With Foxboro. It is estimated that it will cost each town app ;. Minutes of November 3, 1982 Motion: To approve (Brugliera - Flynn, all in favor) VOTE 6. Minutes of November 17, 1982 Motion: To approve (Brugliera - DeGirolamo, all in favor 7. Margot Jellinek - Circle 'C' Estates *Clerk DeGirolamo left the meeting In reference to the approval of Michael -Angela the reviewedew of by thehdevel per'sntal engineer. Study, VOTED Estates being contingent on she said it should not be houses have Margot Jellinek appeared before the board roblmsdwithtPall intotandMaverick been built and sold, but there are still pe Roads. She read a statement of release of Lots 6, 7, 8, 36, 37, and 38, which was signed by the Planning Board on but it was June 25,on 1975:alty Trust tstationary. us Re it was not on town stationary, She pointed out that this was signed by two previous members of the PShe said lanning thatdtheand corner of Maverick and Pre now inttoris below of the therwater d of stable, eand the road that was never done right. She asked the Planning Board how they are going ° convince Covich that his time is up. In refence to the discussion regarding conflict of interest which came up at the last Planning Board meeting, Margot Jellinek said she would make h she read. copies of a document whic *Clerk DeGirolamo re-entered the meeting Planning Board's minutes December 15, 1982 Page 6 8. Clinical Science Labs - Site Plan - Francis Avenue Lou Gerriere and Mr. Carter appeared before the Planning Board. Mr. Gerriere informed the board that he has been working with Paul on the site plan. He presented the board with the plan. He said they are proposing a 8,000 s.f. building on property located on the southerly side of Francis Avenue. They are proposing 30 parking spaces. On the original plan, the drainage ditches are shown on the north, west, and easterly sides of the property. They are proposing to construct a drainage ditch and pipe under the culvert to drain into an existing ditch across the street. There is an existing sewer line on Francis Ave. Lou Gerriere has talked to Bill Handy, and they will be instal- ling a 6" water service. They will provide leaching catch basins. At this time, the Planning Director read the staff's comments. The major comment on the staff's review was made by George Wey. After reviewing the proposed plan, George suggested that an additional culvert be installed to collect drainage on the easterly side of the site. Paul explained this change on the site plan. Lou Gerriere said they are reluctant to cut Francis Ave. because of the electrical line they would hit. The drainage ditch and culvert are designed for a 25 year storm. The one pipe and headwall is suffice for their plans and the use of the backland in the future. Clinical Science Labs generates approximately two to four gallons of waste per week. They do not work with or generate hazardous waste. They use low level radio -active material. Every 60 days, the radio -active material dissipates by 50 percent. They are presently located in Sharon. Motion: To send a favorable recommendation to the Building Inspector to approve the site plan subject to the second culvert being installed. (Brugliera - Genatossio, all in favor) VOTED 9. Leo E Peloquin - Central Street/Route 140 Rezoning Leo Peloquin appeared before the board and presented a plan of the land he would like rezoned. This land consists of three acres which runs from Central Street to Route 140. It is presently zoned Residence A. He feels the land has now taken on a different potential. It has become a commercial/ industrial area. Chairman Seifert said that there are a number of people coming in for zoning changes for Route 140. There was some discussion regarding whether the applicant sponsors the article or the Planning Board. The Planning Director explained the procedure for an individual to sponsor an article/zoning change to Leo Peloquin. It was the concensus of the board to take this under advisement. 10. Walter Hovey - Subdivision on East Street The Planning Director presented the board with the Form A plan which Walter Hovey was referring to. Walter Hovey explained to the board that trees have been removed which is causing mud to run into the Canoe River. He pointed out that test borings were done on his property. In reference to the four lots, he said that there is sandy, course gravel. Chairman Seifert said that the Conservation Commission should be involved. Walter Hovey pointed out that Norton and Easton also have wells nearby. He pre- sented a map of the Dustin Well. The Planning Director suggested loaning the plan to the Board of Health and the Conservation Commission. If Mr. Hovey decides to go before the Conservation Commission, the Planning Director will give them the plan. Planning Board's minutes December 15, 1982 Page 7 11. Francis Shaw - Cedar Meadows Subdivision Drainage Mr. Shaw has been working with Paul on this drainage problem. Chairman Seifert read the letter which the board sent to William Canaday. The Planning Director said that he has called Mr. Canaday about eight to ten times, butrhe has'not received a return call. James Cannata was at the last meeting, but there wasn't a quorum. At that time, he spoke with the Shaws. William Canaday is the developer, and James Cannata is the contractor. Mr. Shaw showed the locations of where Robert Chavaree did test borings. He pointed out that he gave him an easement across his land. The final design was formed by compromises between RIM and the Shaw's engineer. Mr. Shaw said he would like it completed. Planning Director said that the leverage that the Planning Board has is slight, but the land is tied up from any sales. It was pointed out that this is under a covenant. There was some discussion regarding transferring money from one account to complete the work. Mr. Shaw pointed out that they tried to se?fl the road previously. Planning Director said he wrote the Norwood Co -Operative Bank a letter in 1981 requesting that this be made into one big account. The developer did not want to do that. Planning Director will call the bank and request that they put the entire project under one letter of credit. He will also talk to Mr. Canaday and Mr. Cannata. Motion: To send a letter to the Norwood Co -Operative Bank request- ing that they put the entire project under one letter of credit. (DeGirolamo - Flynn, all in favor) VOTED The Planning Director will call them on the telephone and confirm the con- versation with a letter. Planner Flynn said that the board should seriously study any new subdivisions before they covenant/bond a subdivision. 12. Ronald Bonvie and Aldo Paglia - Route 148/Route 106 Rezoning Ronald Bonvie and Aldo Paglia appeared before the Planning Board and pre- sented them with a plan of land located on the new Route 140. They are interested in purchasing this land. One-third of the land is presently zoned General Business. The remaining land is zoned Residence A. They would like to continue the existing line across to make it all General Business. This would include the Apple Tree Diner and Newport Creamery. They would like to use the land for condominiums and a small shopping center. This land consists of approximately 11 acres. There was some discission regarding zoning the land Special Business rather than General Business. Planning Director said he thought that Special Business was a business zone, not a housing zone. The board will invite them back in at the same time they invite Mr. Peloquin back in. They left their plans, and informed the board they would like to have it ready for the next Town Meeting. 13. Variance —Gary & Rosemarie Austin - Pratt Street This is a variance request to construct a single family dwelling on a parcel of land at 344 Pratt Street. There would be no frontage, but there will be a 40 foot easement. This application appeared before the board before, but the application stated there was 40 feet of ,frontage rather than an easement. Motion: To send a favorable recommendation to the Zoning Board (DeGirolamo - Brugliera, Infavor- tossio OpposedFlynn Planning Board's minutes December 15, 1982 Page 8 In reference to the variance request, Planner Genatossio said that the easement rides with the person; whereas, the frontage would open it all up. 14. Robert Unger_- Surplus Material Permit This is a gravel pit which was previously owned by the A. A. Will Co. and has been purchased by Robert Unger. Mr. Unger would like to remove approximately 300 cubic yards of material. Bertram Cook informed the Planning Director that there were problems with this gravel pit until Mr. Unger purchased it. He will respread the loam and continue with his planting. Motion: To send a letter to Bertram Cook recommending that Robert Unger be permitted to remove approximately 300 cubic yards of material from Franklin Street (DeGirolamo - Flynn, all in favor) VOTED 15. Form A - Fireside Realty - Branch Street This Form A consists of two lots situated on the southerly side of Branch Street. All lots have at least the minimum required frontage on an exist- ing public way. This Form A was signed by the Planning Board in 1981. The change on this plan is that there is a 20 foot easement. This will be a private easement. Motion: To sign the Form A (DeGirolamo - FAILED It was pointed out that this Form A will be signed by the Town Clerk because the date of submission was December 1, 1983; therefore, the two week time limit expired. 16. Form A - Epstein - Walnut Street This Form A consists of two lots located on the easterly side of Walnut Street. Lot 1 has frontage on an existing street (variance), and Lot 2 will be part of an existing lot that has legal frontage on an existing street. The Planning Director pointed out that the rear yard setbacks were not shown, and there is no engineering stamp on the plan. Motion: To send the Form A back (Flynn - Genatossio, all in favor) VOTED 17. Around the Table Planner Brugliera asked if the board had received anything from Donald Kaufman yet. Chairman Seifert said he will be sending his resignation letter. Planner Brugliera said that he hopes the Planning Board gets two new members quickly. Planner Genatossio asked if the board could send recommendations to the Board of Selectmen regarding the appoint- ment of the two new members. There was some discussion regarding whether to advertise or not. Motion: To advertise for the openings on the Planning Board. (Flynn - DeGirolamo - WITHDRAWN Planning December Page 9 Board's minutes 15, 1982 Margo Fisher will put an advertisement in the Attleboro Sun, and the Planning Director will write an article and ask Ben if he will print it at no cost. Planner Brugliera said that the Board of Health was going to send notices to everyone with junk cars informing them that they will have to comply with the by-law, or the Board of Health would take court action. He asked what the status of this was. It was the concensus of the board to send a letter to the Board of Health asking about the status of junk cars'. Planner Genatossio suggested having the people who complain about junk cars put their complaints in writing. Planner Genatossio informed the board that she had a problem at her house recently. The original water service to her house was done with plastic pipe. There have been two leaks on the property. It was recom- mended to her to put in copper pipe, which she just had done. It dis- turbs her that the subdivision laws gave developers a choice of plastic or copper pipe. The Planning Director said that he felt the control of water service lines was under the jurisdiction of the Water Commissioners. Margot Jellinekpointed out that this was discussed at the last Town Meeting. 18. Date of Next Meeting is January 5, 1983 19. Adjournment 10:15 *Also in correspondence: Letter from Mr. and Mrs. Francis Shaw to Mitchel Seifert regarding their concerns with development of Cedar Meadows Subdivision. DA E ACL RK *Also in correspondence: Letter from Mr. and Mrs. Francis Shaw to Mitchel Seifert regarding their concerns with development of Cedar Meadows Subdivision.