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HomeMy WebLinkAboutPlanning 06/11/1980MANSFIELD PLANNING BOARD AGENDA June 11, 1980 1. Call to order 7:30 P. M. 2. Clerk's Report a. Correspondence b. Minutes of, June 4, 1980 3. Warrant 4. Visitor's Agenda 8:00 P. M. - Frank Morgan - Henley Lundgren 8:15 P. M. - Robert Chavaree/Allen Willis - Cabot Pond 8:30 P. M. Ware Street residents 8:45 P. M. - Cheryl Gomes - Board of Appeals 5. Old Business a. Status of Plans 1) Chavaree/Willis - Cabot Pond Restoration — 6/30/80 2;) Wind Chime Acres - Definitive Subdivision Ware St. - 6/25/80 3) Richard Morse - Gravel Removal - Elm Street - Hearing 6/25/80 4) Charles 'Ash - Gravel :Removal - Elm Street - Hearing 6/25/80 b. Board of Appeals 1) Cheryl M. Gomes - Variance for 18 ft. side yard - 6 Gale Lane 6. New 'Business a. -'Status of Plans Form A WRC Properties, Inc. Norfolk St. Form A - Peter Fontanini - South St. b. Correspondence c. Public Discussion d. Date for the next meeting e. Around the table 7. Adjournment MANSFIELD PLANNING BOARD l'. MINUTES June 11, 1980 Present: Chairman Flynn Planners: Genatossio; White; Brugliera; Parsons* Planning Director Maurer 1) -Chairman Flynn opened the meeting. 2) Motion: To nominate Planner Genatossio as Clerk for the evening in the absence of Clerk Kaufman. (Brugliera - White, all in favor)', VOTED 3) Correspondence was read by Clerk Genatossio from the following: Copy of a letter from IEP Corp., to the Conservation Commission dated May 30, 1980 outlining their responses on Cabot Pond to the May ,7, 1980 letter of Carr Research Laboratory, Inc., Copy of a letter to the Board of Selectmen from the Foxborough Board of Selectmen concerning a joint meeting on June 24, 1980 at 8:00 P. M. in Foxboro to discuss the reconstruction of Route 106. Letter from the Executive Office of Communities and Development to the Board acknowledging the receipt of Mansfield application for funds for comprehensive planning and management activities. Copy of a letter to the Board of Selectmen from Margot Jellinek concerning the, removal of gravel from Reservoir Street and South Main Street for cover for the landfill. Copy of a letter from Town Engineer Stanzione to Peter DeGirolamo concerning the work being ,done on the Circle M Estates. Copies of Conservation Commission minutes for May 19, 22, 26, and June 2, 1980. Copy of a letter from the Department of the State Secretary stating that they fail to find a record of a corporation by the name of Bonvie Corp. registered to do business in the Commonwealth. Building construction report for May from the Building Inspector. Legal Notice from Sharon Board of Appeals for hearing on June 19, 1980 at 7:30 P. M. for Barbara and Paul Zimmerman for a variance to construct a fourth attached garage at 68 Lincoln Road. Minutes June 11, 1980 Page 2 Legal Notice from Sharon Board of Appeals for hearing on June 19, 1980 at 8:00 P. M. for Crystal Cleaners :for a variance and/or special permit for two signs at Sharon Shopping Center, 700 South Main St. Copy of an application to amend the Zoning Ordinance in the City of Attleboro Section 17-4.7 and 17-5.10. Decision from the`Attleboro Zoning ;Board of Appeals on the application of Robert F. Parker for a variance to permit conversion of a two family use to a 3 family use at 7-9 Peck Avenue. - Granted Copy of the Board's letter to L. A. Mogan of the Shell Oil Company regarding the standards and guidelines for developers doing work in and around the pipe line. Copy of the Board's letter to the Board of Selectmen concerning the application for funding for comprehensive planning assistance. Copy of the Boards letter to Mr. Robert A.-Carleo of H. W. Moore Associates, Inc. thanking ;them for their interest and cooperation in submitting a proposal for the Wind Chime Acres Subdivision. Copy of the Board's letter to Dr. T. T. Chaing of Whitman and Howard thanking him:, for his interest and cooperation in submitting a proposal for the Wind Chime Acres Subdivision. Copy of the Board's letter to Mr. Allen L. Willis, Jr. regarding the release of securities for the Spruce Acres Subdivision. Copy of the Board's letter to James Antosca informing him that the Board voted not,to rescind approval of the Camelot at Mansfield subdivision plan. Copy of the Board's letter to Mr. Joseph G. Hadzima, Jr. of Ropes and Gray telling them the Corrofab site plan has been .approved. Copy of the Board's letter to Bertram M. Cook, Inspector of Buildings concerning the Corrofab Site plan. Copy of the 'Board's letter to Cheryl M. Gomes concerning her Board of Appeals application for 6 Gale Lane. Copy of the Board'of Appeals decision on the application of Lester S. Epstein for a variance to Out a house on a 2.6 acre lot at 89 Walnut St. with an 87.5 ft. frontage. - Granted with conditions. Copy of the contract between the Planning.Board and GHR Engineering Corp. of NewkBedford for the consulting work on Wind Chime Acres Subdivision. Minutes June 11, 1980 Page 3 4) Motion 5) Motion: To accept the minutes of the June 4, 1980 meeting as written. (Genatossio - Brugliera, all in favor) VOTED To approve the voucher from Swartz Office Supply for 1,000 printed envelopes for $42.50. (Brugliera - White, all in favor) VOTED 6) The Board discussed the letter from Town Engineer Stanzione on the work being done on:Circle :M Estates. Planning Director Maurer told the Board they are getting ready for the final coat of paving and the contractor Mr. DeGirolamo wanted a letter from the Town Engineer to make sure every- thing was alright. 7) The Board discussed the letter from the Foxboro Board of Selectmen on the joint meeting between the Mansfield and Foxboro Selectmen to be held on June 24, 1980 at 8:00 P. M. on the reconstruction of Route 106. Planning Director Maurer noted that :he may attend the meeting. 8) The Board discussed the Form "A" - Approval Not Required plan submitted by, WRC Properties for lot 774 located south of the Michelin Tire Company lot. The lot has an area of 10 acres. It was reported that this will be the Hub Folding Box lot. Motion: To endorse the Approval NotRequired plan submitted ,by WRC Properties for Lot 774 on Norfolk Street. (Brugliera White, all in favor) VOTED 9) The 'Board discussed the Form "A Approval Not Required plan submitted by Peter Fontanini for land on South St. Planning Director Maurer noted that this plan was signed by the Board on March 7, 1979 but was :not recorded at the Registry of Deeds within six months as required. It must be resigned to be recorded. He also noted that he had him add a note to the plan referencing the special permit issued on June 5, 1979 for the development of a pond. Motion: To endorse the Approval Not Required ,plan submitted by Peter Fontanini for land on South St. (White - Genatossio, all in favor) VOTED 10) The Board met with Frank Morgan and Paul Fluriel of Henley Lundgren Co. Planner White left the room during the discussion. Attorney Morgan reviewed a letter to the Planning Board applying for an extension to the special permit for earth removal granted to them on July 30, 1979. He noted the extension is being requested for the buffer zone. He stated -- thereisa-buffer -zone of 150 feet between theGrayand Clemmey_pits. The Gray property has a 100 ft. buffer and the C1emmey has 50 ft. The requirements of the By-law have been met in the original permits. There would be 18,800 yards removed. The length of the operation would be one Minutes June 11, 1980 Page 4 year. The route of travel would be on 495, and the hours of operation would be 7:00 A. M. to 5:00 P. M. in accordance with the original permit. Six ,copies of the plan and copies of the soil6 borings were given to the Board. .It was noted that well 7 on the Clemmey property and well 3 on the Gray property are in the area of excavation. Wells 1, 2 and 3 on the Gray property were install on April 13, 1980 and have been dry since they were dug. Mr. Morgan noted that where this is an extension of an existing permit they fe1.t'they could just present the Board with the information they could gather in the time frame they had. Planning Director Maurer told the Board that the proposal to eliminate the buffer zone makes sense, the only question .is whether the Board will accepti,the information submitted as adequate. Mr. Morgan noted he would like to be sure that the Board is going to accept the data submitted before they schedule a public hearing. It was the consensus of the Board to ask the Town Engineer for a response on the plan before a public hearing is scheduled. 11) The Board met with Robert Chavaree and Allen Willis to discuss Cabot Pond. A ld of act on their application at this It was <noted that rthe Boar cou n time because there were only four members present and five are required. 12) Ms. Cheryl Gomes appeared before the Board to discuss her Board of Appeals application for a side yard variance at 6 Gale Lane. She noted that the addition to her home would have an 18 ft. side yard. Mrs. Gomes noted there was no other 'way to put the; addition on the 'house without ruining the looks of the house, and they felt that they did not want to sell the house and move because they liked the area and were happy with their home. Motion: To.recommend that the Board of Appeals grant the variance to Ms. Cheryl Gomes for an 18 ft. side.yard at 6 Gale Lane. (Genatossio - Brugliera, all in favor) VOTED 13) Chairman Flynn asked the Planning Director for his opinion on the IEP, Inc. report on Cabot Pond.- Planning Director Maurer noted that the first point on the dam has been resolved with the study that Chavaree and Willis brought in to the Board last week. The second on the turbid water, they have been granted a'permit on the discharge so they meet the requirements on that. The third is that he (felt there was a lack of information on the subsurface geology. The fourth he has a disagree- ment with Dr. Carr on the 'limiting nutrients of the pond, but noted that is not a rare thing, and the fifth point was the use of the computer program. Planner Genatossio told the Board she had talked with Gary Hollands and told him that the Army Corps of Engineers is involved. He stated that his remarks would be taken care of by the Army Corps. 14) The Board discussed the Wind Chime Acres Subdivision. Planner Brugliera left the meeting during the discussion. Planning Director Maurer noted there wasn't anything to report because they are awaiting the report of Minutes June 11, 1980 Page _5 the consultant. He told the Board they will be coming to Mansfield tomorrow afternoon to look at the site. *Planner Parsons entered the meeting at this point. The .Board discussed the letter from the Department of the State Secretary stating they fail to find a record of an existing or dissolved Massachusetts corporation by the name of 'Bonvie Corp. Mr. Bonvie told the Board the name.of his corporation is Ronald S. Bonvie Corp. ,and it has been in existence since 1977. He has the corporate 'seal at home. Chairman Flynn brought up the fact that she thought it might be an idea to have an association of all the homeowners in Wind Chime Acres to take care of the pond.The Board reviewed Robert Mangiaratti's 'letter of June 4, 1980 which states that basically that is the way the ownership of the pond will be handled, only his proposalwouldonly involve the seven direct abutters, not all thirty lots in the subdivision. Planner Genatossio asked Planning Director Maurer who maintains the other retention areas in Town. Planning Director Maurer explained that the only Townrowned retention areas are the ones at Owens-Illinois and on Rustic Drive and there has 'not-been any maintenance necessary yet. The Board discussed the ditch that the Town Counsel says is not a„part of, the pond and that the Board says is. Mr. Bonvie noted he could change the ditch to the other side of the pond, but felt that the ditch was better of on the original side to protect the abutters 6n;Rusti.c Drive from the pond. It was noted that the ditch is 8 ft. too close to the property line. Planner Parsons suggested moving the pond 8 ft. closer to the houses to solve the problem of the ditch. Mr. Bonvie 'told the Board that RIM Engineering said it would be a problem to do that, but he would see if it could be done and would check with Mr. Maloon to see exactly what the problem was. 15). The Board reviewed the gravel removal plans of Richard Morse and Charles Ash for pits off Elm Street so that,they.would be familiar with them when the public hearings are held. Planning Director Maurer noted that where there is a potential well site in the area the Board should but safeguards into a permit, if=one ,is issued to protect it even though at this point the potential well site is privately owned. 16) The Board reviewed the memorandum from the Planning Director on the six points that could be included in the permit for Cabot Pond restoration if it is granted. It was a consensus of the Board that the sixth item was unnecessary. Motion: To approve the special permit application of Robert E. Chavaree and Allen L. Willis, Jr. for the restoration of Cabot Pond, subject to the following: Minutes June 11, 1980 Page 6 1) All construction shall conform to the plan entitled, "Plan of Restoration of Cabot Pond in Mansfield, Mass. by RIM Engineering tCo., Inc. dated March 4, 1980 and revised through.May 30, 1980." 2) Prior to the commencement of the operation Chavaree/Willis shall submit to the Town a performance guarantee in the amount of $30,184. Said amount is to guarantee the restor- ation of exposed slopes above the water line, the rip -rap and to guarantee the completion of the project as shown in the plan entitled, "Plan of Restoration of 'Cabot Pond in Mansfield, Mass. by RIM Engineering Co., Inc. dated March 4, 1980 and revised through May 30, 1980" The estimate is based upon the following: Loam and Seed (6") 14,800 sq. yds. @$1.80 $26,640 Rip Rap on Dike 450 sq. yds. 0$4.00 1,800 27,440 Contingency 2,744 - 30,184 The release of the securities shall be on the approval of F the Planning Board and shall be only after the project is i completed and the "as built" plans are ,'prepared in conformance with the Zoning By-law. 3) The Special Permit is subject to the Order of Conditions issued by the Mansfield Conservation Commission on April 25, 1980. 4) The length of operation shall be in accordance with Section V -G -4-e of the Mansfield Zoning By-law. 5) This pond development project shall be subject to the operational standards of Section V -G -3-b of the Mansfield Zoning By-law, (Parsons - Genatossio, all in favor) VOTED 17) Under public discussion Mrs. Margot Jellinek asked the Board to get in touch with Town Counsel Mulcahy on the covanent for Camelot. She noted that it ran out in 1977 and she would like Mr. Mulcahy's,opinion on the present situation. Chairman Flynn stated she agreed with Mrs. Jellinek's proposal and that she would like to have an opinion from Town Counsel on covanents and bonds. She stated she had talked to Town Treasurer Joan Cutillo and she said that a letter of credit such as what the Board has with Circle r; M is as good as money in the bank. Minutes June 11, 1980 Page 7 Motion: To ask Town Counsel for an opinion on the Camelot Covanent. (Parsons Brugliera, all in favor) VOTED Planning Director Maurer told the Board that there are two letters of credit on Circle M.. He noted that they will be consolidated into one letter and the developer will be given a list of items remaining to be completed. One of the letters will be released for work done. He told the Board that it is easier to grant extensions on letters of credit and work with the developer to get the work done than to have the Town call in the Bond. 18) Planner Genatossio told the Board she felt there should be stipulations on the cleaning and maintenance of retention areas. 19) The date for the next meeting was set for June 18, 1980 at 7:30 P. M. 20) The meeting adjourned at 10:00 P. M. Clerk Dat— e