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HomeMy WebLinkAboutPlanning 04/15/198111 I MANSFULD PLANNING BOARD AGENDA y April 15, 1981 I. Call to order 7:30 p,m, 2. Clerk's Report a. Correspondence b. Minutes of April 8, 1981 3. Warrant 4. Visitor's Agenda 8:00 p.m. -Ernest Cohen 8:15 p.m. - Margot Jellinek 5. Old Business' a. Status of Plans 1) W R C Properties Inc. - Subdivision 4/15/81' 2) E R f Corp. Earth iRemoval - Maple Street 4/22/81 b. Zoning Change Requests 1`) School Street - Agricultural to Industrial 2) West Street Residence A to industrial c. Zoning Amendments 1) Special Business 6. New Business' a. Status of Plans 1 Form A - Compo Chemical b. Correspondence c. Date for 'next meeting d. Public Discussion e, Around the Table F 7; Adjournment i F t E PLANNIMG DQARD April 15, 1981 MINUTES Present; Chairman Flynn, Clerk Kaufman Planners: D. White, G.'Genatossio, K. Parsons Planning Director Paul Folkman` 1. Chairman called the meeting to order at 7.30pm 2. Correspondence Program from Downtown Advisory Committee for reception on April 30 Flier from Mass. Department of Environmental Quality Engineering - Hazardous Waste Update Copy of Planning Board letter to Building Inspector regarding possible illegal gravel pit being operated by the Town of Mansfield Copy; of Planning Board letter to Board of Selectmen regarding Planning Board amendments to the Zoning By-law for consideration at a Special Town Meeting Copy of Planning Board letter to Paul Dalton, Cabot, Cabot & Forbes regarding release of bond for streets in the Industrial Park Copy of Planning Board letter to Paul Dalton, Cabot, Cabot & Forbes regarding Interstate 95 Industrial Center at 495 Subdivision - Norfolk Street Extension Letter to Planning Board from Margot Jellinek regarding Christman tree planting at gravel pit of Boro Sand & Stone Copy of Planning Board letter to Charles Mulcahy, Town Counsel regarding amendments to zoning change requests on Town Meeting floor. Town Counsel noted on the letter there was no need to reply, he and Planning Director had spoken about it in person Letter from Paul Dalton, Cabot, Cabot & Forbes regarding Norfolk Street and _requesting an extension until May 13, 1981 Legal Notice public hearing Attleboro Zoning Board of Appeals on Thursday, April 30, 1981 at 7 30pm on the application of Frank Pistolese to add to the structure and use of the premises at 319 Thacher Street, Attleboro to operate a dry cleaning ship. Mansfield Planning Board notice of public hearing Wednesday, May 6, 1981 at 8:00pm -. Amendments to Section III -I Special Business Use Regulations. At 8;15pm - to amend the Zoning By-law and the Zoning Map to rezone from Agriculture to Special Business a_parcel of land off School Street Memo from Planning Director to Planning Board regarding rainfall records i Planning Board i April 15, 1981 Memo from Planning Director to Planning Board regarding E R E Monitoring well data Flier from Executive Office of Environmental Affairs for Mass, Hazardous Waste Regional Conferences Flier from R. S. Means Co., Inc. - construction seminars Planning Board Budget as of March 31, 1981` Copy of Planning Board letter to William Palanza regarding Board of Appeals Application for Variance Copy ;of Planning Board letter to Howard W. Battye for Board of Appeals application for variance Copy ;of Planning Board letter to Kelton O. Potter regarding Board of Appeals Application for Variance 3. Minutes of April 8,'1981 Motion: That on page 3 #10 second paragraph that the word "no" be added in front of the word "blasting". (Kaufman-Genatossio, all in favor) VOTED Motion: Approve as 'corrected (Genatossio-Kaufman, all in favor) VOTED 4. WRC Properties - request for extension on Norfolk Road Motion: To accept their request for an extension to May 13, 1981. (Genatossio-Kaufman, all in favor) VOTED 5. Discussion of having a stamp made for Form A plans which would state that endorsement of the plan does not indicate approval of a buildable lot 6. Discussion of rainfall records for Cate Spring and Witches Pond Well sites. These records will be referred to in the conditions of E R E Corporation gravel operation. 7. Ernest Cohen of Maple Street met with the Board regarding E R E Corporation gravel operation. He read from a prepared statement and reviewed some of the information that has been presented to the Board. He requests that the Planning Board deny the application for earth removal and stated some of his concerns, measures should be taken to avoid spills of gas and oil, maintaining control over the outside contractors removing the gravel, adequate monitoring is impossible and could lead to pollution of the aquifer, concern over truck traffic, the area is overwhelmingly residential and this isfclearly 'a commercial use. ,t Discussion of Whitman and Howard's statement of using a figure of 10 feet above ground water. Board would still Joke to see something site specific tied to this figure. Mentioned that it may be site specific since it is in a re -charge area. Discussion of the Special Permit process allowing ( Planning Board April 15, 1981 the Board to be more strict and use the 10 foot figure. There still has been no written comment from SRPEDO.They verbally stated this project was ;not going to have any appreciable effect on the ground water. Discussion of access road Into the pit and how it relates to Mr. Cohen's property; possibly have E R P Corp. ;contact the power company to make arrangements to secure the power easement. Board reviwed the draft of the special permit decision, making comments and additions;: Page 4 #5 "species" needs to be filled in; also fill in #6 #7 and #8. Include some ,reference to letters of McQueen and Bridge. It has not been demonstrated that 10 feet has any more merit than 6 feet. Item'F-propose a way of securing the property during the time the pit is closed down. Require that the gate be kept up until the vegetation has re-established itself. Item;J-question of having entire road paved; does not need :to be wider than one truck 2d - a statement that says he -annot go onto the next 2.5 acres section until he has restored the first one; grid off on the plan each section and the order they are going to be worked. 3b_- applicant shall have the top soil analyzed by an authority and shall submit to the Planning Board prior to the removal of vegatation and trees; plan detailing the site restoration 3d -'needs to be re-worked Page j5, 1c -`landscape buffer and soild fence - Planning Director proposed cedars and six foot 'stockade fence. Discussion of 'having Mr. Cohen get together with E R E. Mr. Cohen feels the fence does not solve the problem. 2f -refueling area.: If there is a fuel spill or oil leak the contaminated land 'must be removed from the site. 8. March Jellinek met with the :Board to discuss request of Boro Sand and Stone to plant Christman trees on a section of their gravel pit which she feels is near the Witches Pond well site. She feels the applicant should come and talk to the Board and tell ;where he is going to plant the trees, and the Board should walk the site with an engineer to see if he is maintaining proper grades. She would like the Board to write a letter to Boro to ;halt the planting. Chairman Flynn felt she would like to walk the land and talk with the applicant Question raised as to whether the Planning 'Board has control or the Board of Appeals through their zoning officer, the Building Inspector. Motion: To write a letter to Town Counsel asking his opinion on who has the authority to amend the restoration plan on a gravel operation that was approved in 1973,' (Parsons-White, all in favor) VOTED i Planning Board -April 15, 1981 9. Board of Appeals application - Kelton 0. Potter - for club house and golf' course on Branch Street. Variance is required for a portion of the property which is in Residence A. The area will be fenced from the residences on the street. Water traps shown on the plan do not exist now, question whether they :would need to be reviewed by the Conservation Commission. Applicant has received permission to move the 'brook. Motion: That the Planning Board recommend favorably to the Board of Appeals that this variance be granted (Parsons -White, Kaufman in favor; Genatossio, Flynn opposed) VOTED Chairman Flynn noted she would not vote favorably because it is not a use allowedin a residential'' area established to protect the homes in the area. 10. Board of Appeals application - Howard Battye to increase the size of and roof and enclose an existing deck at his home at 233 Union St. Ext. which would have anon -conforming 30 foot rear -yard. Motion: To recommend favorably to the Board of Appeals (Parsons -Kaufman, all in favor) VOTED 11. Board of Appeals application - William Palanza to convert an existing garage at 624North Main Street into an efficiency apartment, the building to house three families which is non -conforming in a Residence C Zone.' Applicant did; not meet with the Board. Motion: That our recommendation be in the negative to the 'Board of Appeals in that the applicant has not shown sufficient hardship and negates the intent of the Zoning By-law. (Parsons -White, all in favor) VOTED 12. Discussion of Zoning Amendment for land off School Street. Planner White left the room. Planning Director met with Board of Selectmen and presented request for Special Town meeting to :consider amendments to the Special Business Zone and the re -zoning of land off School Street. Public Hearing will be held on May 6, 1981 to hear, public-comments'on the amendments and zoning change, It was noted that if some of the land owners included in the rezoned area do not want' their land included it can be excluded on the 'Town Meeting floor. Board reviewed the draft of the Special Business zone amendments Motion: To proceed, set public hearing date, advertise for it and firm up the article to work toward Special Town Meeting, (Parsons -Kaufman, all in favor) VOTED Planner White returned to the meeting. 13. Planning Director noted that on the request for rezoning parcel on West Street for Karl Clemmey, that Mr. C1emmey will proceed with his article as written,at Town Meeting. Planning Board April 15 1981 14. Board reviewed Form A plan for Compo Chemical on Branch Street, Plan has been revised to show better detail and more information on the gravel driveway and pipe. Motion: To sign (Kaufman -White, all in favor) VOTED 15. Margot Jellinek questioned if the Board is keeping;a file on when 'different bonds are expiring. Planning Director noted he has been working on this with Town Treasurer Joan Cutllo and has determinedthat there were none coming due in the next few weeks. Mrs. Jellinek presented a legal notice which states the bank is taking over ,property of Allen L. Willis. Mr. Willis stated that the Town is in no jeopardy, nor the people or the streets, that everything has been released and paid off. 16. Mr. Willis commented about the Special Business zone as it relates to his proposed rezoning article. Feels the property in question has 'a built-in service road; that he has not put on any pressure to have this article put into Special Town Meeting and has been working in good faith to work out a good zone for the area; he does not wish to wait another year because he would like planning time before the road is open. He would like to see unanimous support of the Board. 17. Chairman received a call from Ed Morrison regarding work being done on Cabot Pond that he did not feel was correct. He felt that the 50 foot buffer zone was being encroached upon.` This is on Mr. Chavaree's section of the pond abutting'' Morrison's property. Mr. Willis stated that to his knowledge any work that is being done is in complete conformance withtthe;agreement the Board approved last week and with the Corps of Engineers. He believed the agreement would cut into the buffer zone. 18. Planner Genatossio questioned if there had been any comment from Building Inspector regarding gravel pit at Maple Park. There has not. Planning Director felt a determination has to be made as to when the Town purchased the land and started to remove the gravel, and when zoning to control gravel removal was begun. Meeting adjourned 11:20pm C1 erk Dam—