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HomeMy WebLinkAboutPlanning 05/06/1981a a MANSFIELD PLANNING BOARD AGENDA May 6, 1981 1. Call to order 7:30pmi 2. E R E Corporation - Earth Removal Special Permit —5/6/81 4 3. Public Hearing 8:00pm - Amendments to Special Business Section III -I - Use Regulations 8:15pm - School Street Rezoning from Agriculture to Special Business i 4. Visitor's Agenda 8:50pm - Margo Jellinek - Boro Sand and Stone 9:00pm - Zayre Parking Lot Site Plan 9:15pm - Form A VanKoert 9:30pm - Karl C1emmey - Rezoning off West Street 5. Old Business a. Status of Plans 1) W R C Properties - Subdivision - 5/13/81 2) E R E Corporation -'Earth Removal - Maple Street 5/6/81 b. Zoning Change Requests 1) School Street - Agricultural to Industrial _2) West Street- Residence A to Industrial c. Zoning Amendments 1) Special Business 6. Clerk's Report a. Correspondence b. Minutes of April 29, 1981 7. Warrant 8. New Business a. Status of Plans 1) Form A - Elm Street'- Poni Corp. b. Correspondence c. Date for Next Meeting d. Public Discussion e. Around the Table 9. Adjournment i t PLANNING BOARD MINUTES May 6, 1981 Present: Chairman Flynn, Clerk Kaufman* Planners: Genatossio, White, Seifert, Brugliera, Parsons Planning Director Paul Folkman 1. Motion: To appoint Planner Genatossio Clerk (Brugliera-Seifert,`all in favor)- VOTED 2. Correspondence Copy of Special Town Meeting, articles Special Permit Decision on the application of ERE Corp. Letter from Whitman and ,Howard to Planning Director regarding gravel removal operations - specifically an "acceptable" distance between the floor of a gravel removal operation and the "seasonal high; water table". Planning Board letter to Town Clerk'- recommendation on re -zoning; petition' of Karl Clemmey Memo from Executive Office of Communities and Development regarding Chapter 121B Planning Funds` Notice of Hearings Attleboro Joint Committees of Municipal Council and Planning Board May 19, 1981, 7:30pm: Petition of Leach & Garner Company requesting that lots 242 and 242C Assessors'New Plat 39 be changed from General Residence Use to Industrial Use located on :the westerly side of James Street. Petition of registered voters of Attleboro requesting Zoning Ordinance be amended as follows: Section 17-10.2 Earth Removal Petition of: registered voters of Attleboro requesting Zoning Ordinance be amended - Section 17-12.2 - Zoning City of Attleboro Board of Appeals Decision on Application of Carol P. Tate for permit to operate a private school to teach life work planning. City of Attleboro Board of Appeals Decision on the application of John A. and Mildred Fuller and George Ross d/b/a Murray's Restaurant to obtain a t serve beer and o-conformsn restaurant o special permit to extend a non -conforming p 9 , wine; City of Attleboro Board of Appeals Decision on application of Frank and Wilhelmina Pasek fora special permit to construct four dwelling houses containing ;a total of 16 units on Brown Street. - �` City of Attleboro Board of Appeals Decision on the Application of Harold and Mary Washburn to convert the residence at 203 North Main St. to four professional of business offices Planning Board Minutes May 6, 1981 Page 2 Notice of Public Hearing Foxboro Board of Appeals May 20, 1981: Edna R. Binnall for a variance/special use permit to allow a fruit and vegetable stand during the growing season at 205 North Street David T. Libby for a special use permit to allow a home occupation consisting of a'saw-sharpening business at 37 Walnut Street Notice of Public Hearing Mansfield Board of'Appeals (application of Roy Wentzell to construct an addition at 47 Samoset Ave. Letter from Conservation Commission to Elwood Shepart regarding work being donw onthe banks of the Rumford River Flier from Cooperative Extension Service - workshop for wetland regulations Letter from Executive Office of Environmental Affairs regarding proposed regulations for Hazardous Waste Siting Act Copy of Planning Board letter to Bud Reese, ;Soil Conservation Service regarding Canoe Trail project Letter from Margot Jellinek to Town Counsel Mulcahy; regarding Boro.Sand ; and Stone Copy of Planning Board letter to Building Inspector regarding Boro Sand and Stone proposed tree planting program Executive Office of Environmental Affairs —'Environmental Notification Form`- Mansfield Sludge Management Study r Newsletter from Mass. Historical Commission Building construction for the month of April 1981 Copy of Planning Board letter to Board of Appeals regarding application of Robert P. White Letter from Cabot, Cabot and Forbes regarding Zayre Corp. Flier from Institute for Governmental Services - workshop Bill from Swartz Office Supply, letterhead and envelopes $61.65 k Bill from Sun Chronicle, advertising public hearing - $45.36 II 3. Minutes of April 29, 1981 Note that there was no attendance listed. Those present were Flynn, Seifert, White, Kaufman, Genatossio, Brugliera Motion: To approve as amended (Seifert -White, all in favor) VOTED i Planning Board Minutes May 6, 1981 Page 3 4. Bill from Swartz >Office `Supply $61.65 Motion: Approve (Genatossio-White, all in favor) VOTED Bill from Sun Chronicle ,$45.36 Motion: Approve (Seifert-Genatossio, all in favor) VOTED 5, Form'A Plan - Elm Street for Poni Corp. Board reviewed the checklist. Noted that locus does not show all the zoning in the area Motion: To sign the Form A for Elm Street, Poni Corp. (Seifert -Parsons, all in favor) VOTED 6. Motion: To have Town Counsel clearly outline all of the responsibilities of the Planning Board in regards to Form A Plan, in detail. (Seifert-Brugliera, all in 'favor) ;VOTED 7. 8PM - Public Hearing,- Amendments to Section III -I Special Business - Use Regulations. Complete transcript is on file. 8. 8:15pm - Public Hearing - To amend the Zoning By-law and to amend the Zoning Map to re -zone from its present classification, which is Agriculture, to the classification of Special Business a; parcel of land situated on the southeasterly side of School Street, the Northwesterly side of 1495 and the southwesterly side of relocated Route 140. 'Complete transcript is on file. 9. W R C Properties - Planning Director stated there has been no response on the covenant and they may have to ask for an extension. 10. E R E Corporation gravel removal special permit (Planner 'Kaufman 'entered the meeting)' Motion: To approve based upon the original; special permit memorandum with amendments made of ;May 6, 1981 in ;memo directed to Planning Board from Planning Director (Seifert -Kaufman, all in favor) VOTED Discussion of May 6 memo, explanation of how contingency would be set up,' renewal of permit after one year when they will have to install monitoring wells. Motion: Amend page 6 item d - "trucks may not be started, warmed up or operated on the entrance road or Town roads until'8AM. (Kaufman-Genatossio, all in favor) VOTED'' Chairman Flynn and Planner Genatossio stated that they would have voted against the 'permit if the letter from Whitman and Howard stating their, positionon distance_ between the floor of a gravel removal operation and the seasonal high water table, had not been received. Planning Board Minutes May 6, 1981 Page 4 I 11. Margot Jellinek met with the Board regarding Boro Sand and Stone. Chairman read her letter to Town Counsel Mulcahy. She stated Mr. Mulcahy had been misinformed by the Board's letter of April 21, 1981 because Boro; is not actively removing gravel. It is the obligation of the Planning Board to review the operation because it was an extension of the original 1 permit. i Planning Director spoke to Town Counsel and did some research. The original permit was granted in 1973 by the Board of Appeals, Boro came back for renewal in 1975, which was granted, and 'rrenewal ;granted again in 1976 until December 31, 1979. In; 1978 the Town Zoning By-law was changed putting authority for gravel operations on the Planning Board. Boro was directed that if they wished to renew they would have to install monitoring wells. They ;are monitoring in an area that has not been excavated. Town Counsel had advised to leave the original 11 acres with the Board of Appeals and Planning Board will have control of the next 11 acres when they come in. Regarding the trees the authority rests with the Board of Appeals.. May have to ask Town Counsel for further clarification.' Mrs. 'Jellinek stated if it comes for renewal there was no record that he got an extension after 1976. Stated the Planning Board should go out and view the site with an independent engineer to see if the grades are right as to the topo map. Motion: That we have Town Counsel come in and discuss this with us. (Genatossio-Kaufman, Brugliera, Parsons, White, Flynn in favor; Seifert opposed) VOTED The Board thanked Mrs. Jellinek for :her input. 12. Site: Plan review Zayre Parking Lot - They are extending their parking lot, for trailer storage, onto an additional two acre site which will be blacktopped.= The area will be enclosed by a 10 foot security fence. The area is being sloped into an existing culvert and installing 3' additional catch basins. Motion: To recommend to the Building Inspector that we have reviewed the site plan proposal and we find it in order. We also want to see the drainage calculations on the plan and that the pipe size under I495 can handle the additional flow. (Parsons -Seifert, all in favor) VOTED 13. Karl Clemmey met with the lBoard regarding re -zoning a parcel on West Street from Residence A to Special Business. In the past he had requested re -zoning to Industrial and public hearing were held for this on March fi 18 and March 25, 1981,,at which time there was opposition recorded. Transcripts of those hearings are on file. Clemmey stated he can now live ;with Special Business the way it is written. 'If the article is amended on Town Meeting floor to Special Business Mr. Clemmey under- stands that he will have to take his chances if opposition is noted. Planning Board Minutes May 6, 1981 Page 5 Motion: That on the basis of the amendment to Special Business that we support the; proposal (Kaufman -Seifert, White in favor; Brugliera, Parsons, Genatossio Flynn opposed) NOT DOTED Mr. Clemmey stated he had not received any correspondence from the Board to date on either of his proposals. 'Chairman noted that he had not requested to be on the agenda. 14. Next meeting May 13, 1981. 15. Motion: To put on work list review of,Route 140 corridor in regards to zoning in that area. (White -Seifert, all in favor) VOTED 16. Margot Jellinek stated regarding Boro Sand and Stone that if there has been a third Appeals variance which ran out in 1979 it is absolutely illogical that they came in 1980 for a renewal. If he finished in 1979 he would not have come in 1980 and want a renewal. '`Therefore it is under the jurisdiction of the Planning Board. 17. Clemmey re -zoning article Motion: We do not support the re -zoning article from Residence A to Industrial (Kaufman-Brugliera,(all in favor) VOTED Letter to be sent to Town Clerk. Meeting adjourned lOpm Clerk /3A/ Date i 1 t E i u c :