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HomeMy WebLinkAboutPlanning 08/13/1980MANSFIELD PLANNING BOARD AGENDA August ;13, 1980 1. Call to order 7:30 P. M. 2. Clerk's Report a. Correspondence b. iMinutes of July 30, 1980 3. Warrant 4. Visitor's Agenda 8:00 P. M. - Ed Sarro - Board of Appeals Application 8:15-P. M. - Big Four Outlet - Board of Appeals Application 8:30-P. M. - Anthony Farinella - Board of Appeals Application 8:45:'P. M. - Donald LaCivita - Board of Appeals Application 9:00 P. M.-iAirport Commission - Surplus Earth Removal 9:15 P. M. - Ronald Bonvie - Wind Chime Acres 5. Old Business a. Status of Plans 1') Wind Chime Acres - Definitive Subdivision -'Ware St. - 8/13/80 2) Richard Morse - Gravel Removal - Elm St. - 10/22/80 3) Charles Ash - Gravel Removal - Elm St. - 9/25/80 4) Rose-Rogovin - Form A - Stearns Avenue 5) Cabot, Cabot & Forbes - Site Plans '(3) 6. New Business a. 'Status of Plans 1) Ronald Bonvie - Site Plan Approval'- East St. 2) Rodney Plourde - Form A - Fruit & South Main Sts. b. Board of Appeals 1) Edward Sarro- 32 Newton St. - Front & Side Yard variance 2) Anthony Farinella - 46 Dean St. - sideyard variance 3) Donald LaCivita - 22 'Eddy St. - sideyard variance 4) Big Four Outlet - 395 Oakland St. - frontyard variance c. Correspondence Note: Site Walk for Wind Chime d. Public Discussion Acres scheduled for Thursday August 14, 1980 at 2:00 P. M. e. Date for the next meeting Meet at entrance to site. Meeting back at Town Hall with f. Around the table Ms. Sandy Uyterhoven of MEPA at 3:00 P. M. 7. Adjournment MANSFIELD PLANNING BOARD MINUTES, August 13, 1980 Present: Chairman Flynn; Clerk Kaufman Planners: Parson; Seifert; Brugliera Planning Director Maurer 1) Chairman Flynn opened the meeting at 7:30 P. M. 2) Planner Parsons praised Planning Director Maurer for his years as Planning Director and outlined his accomplishments including his work forthe Cabot, Cabot and Forbes and Ryan and Elliott Industrial Parks, the, new sewer treatment plant, capital improvements, the rezoning of the business district, and his work with drainage, water, and recreational needs. It was noted that he has worked with 32 members of the Planning Board. Everyone wished him luck in his new position. Planning Director Maurer thanked the Board and told them that a lot has been accomplished in the past ten years, the bulk of it by coordination between various Town Boards and Committees.' 3) Planning Director Maurer discussed his memorandum to the Board on hiring a new Planning Director. He explained his 'reasoning for the time 'schedule listed and noted.the job description and the duties and responsibilities of the Planning Director. He noted he had added coordination with the Town Engineer that wasn't -included -before because where the engineering expertise is now available the Planning Board should be able to take advantage of it. He noted he would forsee the continued Use of the Planning Director to work with various Boards and Committees, and that it is important to have someone who would be able to present items to the Town Meeting. He noted he would advertise primarily in New England and specifically in Massachusetts. The salary and residency requirement must be discussed with the Board ofSelectmen. Chairman Flynn recommended that a sentence be added to the job description stating that the Planning Director's primary responsibility is to the Planning Board and the Planning Director will act as the Planning Board's agent. Under Duties and Responsibilities "d" add "on a regular and continuing basis makes recommendations to the Planning Board, and under "e" add at the discretion and direction of the Planning Board. Planner Parsons felt the statement "As outlined in the Town Charter"should be added to the description. It was also decided that the description should include a statement about attending meetings of appropriate Town Boards as necessary. Motion: To accept the -job, description as outlined;belowi f Duties and Responsibilities Minutes August 13, 1980 Page 3 - Zoning and Subdivision Control -,Experience with Community Development Block Grants. Experience in other State and Federal funding desirable. Working knowledge of HUD, EDA, and EPA Grant programs. - Ability to develop comprehensive program budgets; demonstrate oral, quantitative and writing skills. Equal opportunity employer m/f (Brugliera - Seifert, all in favor) VOTED Motion: To use the schedule of advertising as outlined below: Week ending August 23, 1980 -'Finalize with Planning Board job description. Week ending August 30, 1980 - Advertise as soon as possible. Week ending September 20, 1980 - Deadline for 'receipt of appli- cations. Week ending September 27, 1980 - Planning Board completed review of applicationsand selects at least three' candidates for interview by Town Manager. Week ending October 11, 1980 - Town Manager conducts definitiveinterviews and and makes final selection. Minutes August 13, 1980 Page 2 The Planning Director's primary responsibility shall be to the Planning Board. He shall administer Planning Board functions and activities, shall act as Planning Board agent, review proposed subdivision,.plans, advise and ;implement coordination for comprehensive planning, and make recommendations to the Planning Board. As time permit, in addition to the above duties, he shall work with other boards and committees at the direction of the Town Manager.He shall act as liaison between the Planning Board, Town Manager, or applicable boards and committees, and the citizens in regard to municipal planning. He shall be a member of the Capital ;Improvement Program Comm. - Prepare Annual Planning Board Budget - Review and insure that all areas ofadministrative control regarding subdivision, by-law revisions, bond releases and other items specified by local and State laws or regulations are carried out properly. - Coordinate activities with the Town Engineer to insure that engineering support for the review of subdivision plans and inspection of subdivisions is carried out effectively. Coordinate development proposals with other Town Boards including Selectmen, Board of 'Health and Conservation Comm. s Review the Comprehensive Planning Program, Subdivision Control Law and Zoning ,By-law on a regular and continuing basis and make recommendations to the Planning Board. Develop and recommend approval of plans for the development of the Town at the discretion and direction of the Planning Board. - Prepare grant applications under the direction of the Town Manager. Member of Capital Improvement Program Committee. - Work with Boards and Committees on special projects as assigned by the Town Manager. Attend meetings of, appropriate Town Boards as necessary. Qualifications and Entrance Requirements: - Degree from an accredited college or university with a degree in urban planning or related field plus five years professional experience preferably in the public sector'. Advanced degree may be substituted for three years experience. - Knowledge of Massachusetts General Laws involving Planning, Minutes August 13, 1980 Page 4 Motion: To use the schedule of advertising as outlined above. (Seifert), Amendment: To advertise as soon as possible. (Parsons - Kaufman, all in favor) VOTED -4) The Board met with Edward Sarro of 32 Newton St. to discuss his application for a variance for an addition to his home that would have a fourteen foot sideyard and twenty-three foot frontyard which is non -conforming. Mr. Sarro told the Board he would be extending an existing fourteen foot sideyard measurement for the addition. The house is currently fourteen feet from the side line. Motion: To recommend that the Board of Appeals grant the Variance for a fourteen foot sideyard measurement at 32 Newton Street. (Parsons - Seifert, all in favor) VOTED 5) The Board met with representative of the Big Four Outlet todiscusstheir application for a variance for an addition to their building at 395 Oakland St. with ;a twenty=four foot frontyard measurement. It was noted that they intend to enlarge their showroom area and the building addition will be coming out to where the fence presently exists. Planning Director Maurer noted he was 'concerned with the parking. It was noted that they are not adding any :new products, just spreading out what they now ,have and they are not reducing the present parking. It was suggested that they i open, up the field at the corner of the lot for parking. Motion: To recommend that the Board of Appeals grant the Variance for a 24 foot'frontyard for the Big :Four Outlet at 395 Oakland Street with a recommendation that they provide additional off street parking in a designated area on their own site further down on Oakland Street. (Parsons - Seifert, all in favor) VOTED 6) The Board met with Mr. and Mrs. Anthony 'Farinella to discuss their Board of Appeals application for a variance to enlarge an existing garage attached to their home at 46 'Dean St. with 'a ten _foot sideyard. Mr. 'Farinella noted that the garage is for the second car to protect it from vandalism and burglary. Motion: To recommend that the Board of Appeals grant the Variance to a ten foot sideyard to enlarge an existing garage at 46 Dean Street owned by Anthony Farinella. (Kaufman - Parsons, all in favor) VOTED 7) The Board met with Mr. and Mrs. Donald LaCivita to discuss their Board of Appeals application for a variance to construct an addition to their home at 22 Eddy St. with an eight foot sideyard. Mr. LaCivita noted that they are going to square off a jag in the house. The main portion of the house is already eight feet from the side line. Minutes August 13, 1980 Page 5 Motion: To recommend that the Board of Appeals grant the Variance for an addition at 22 Eddy St. on property owned by Donald LaCivita with an eight foot side yard. (Parsons Seifert, all in favor) VOTED 8) Planner Brugliera and Chairman Flynn decided to change assignments for the Board. "Planner Brugliera will now be on the Capital Improvements Committee and Chairman Flynn will be on the Great Woods Study Committee. 9) The Board reviewed the Form "A - Approval Not Required Plan submitted by Rodney Plourde for land on South Main Street and Fruit Street. Motion: To 'endorse the "Approval Not Required" plan for land on South Main Street••and Fruit Street submitted by Rodney Plourde. (Seifert - Parsons, all in favor) VOTED 10) The Board reviewed the three site plans submitted by Cabot, Cabot and Forbes. Clerk Kaufman read the letter from Town Engineer Stanzione on his review of the plans. The letter noted that on ;Spec #12 the drainage grading and utilities are in conformance with Planning Board regulations, and that a revised plan is to be submitted showing the median island noses to be cut back to 'accomodate easier access into the driveway. Spec #13 he noted that drainage, grading and utilities are in conformance. Spec #14 he noted that drainage, grading and utilities are in conformance. Motion: To approve the site plans for Cabot, Cabot and Forbes as follows: Spec #12 located on Forbes Boulevard between Codex Corp. and Fair- field Optical, in accordance with the revised site plan showing the median island noses cut back. Spec #13 located on Oxford Street. Spec #14 located on Middlesex Street. (Brugliera - Seifert, all in favor) VOTED Planner Parsons noted that on Spec #12 the surplus material has been removed without permission.- Motion: To send a letter to ;Cabot, Cabot and Forbes expressing the Board's displeasure relative to the removal of surplus material from the site of Spec #12. To send a letter to the Building Inspector recommending that Building Permits be issued for Spec's #12, #13, and #14 and that surplus material be removed as follows: Spec #12 - 14,600 cubic yards. Spec #13 - 6,600 cubic yards. Spec #14 - 14,800 cubic yards. (Parsons - Brugliera, all in favor) VOTED Minutes 'August 13, 1980 Page 6 11). Clerk Kaufman read correspondence from the following: Letter from Representative Leon J. Lombardi enclosing a summary of new laws passed in 1980 that may be of interest to the Board. Memorandum to the Board from Anthony G. Stanzione, Town Engineer on the installation of the sidewalks and berm in the Magna Vista II Subdivision, noting that it is substantially complete in accordance With the specifications of the Planning Board. Letter from Konstantinos Boutas of Home Developers, Inc. requesting the release of the bond being held for the asphalt berm and sidewalks in Magna Vista II Subdivision. Notice of a meeting on August 19, 1980 at 8:00 P. M. in the Town Hall with John Gustayson of Carol Johnson Associates and the Ad -Hoc Recreation Study Committee and Recreation Commission to present the revised, plan for Memorial Park. Certificate from the Massachusetts Federation of Planning Boards, Inc. for 1981 for the 'Board's membership. Copy of an article from the Boston Globe on Wednesday June 11, 1980 on the high court backing the right to preserve open space in a California zoning case, ,submitted iby Chairman Flynn. Copy of the Board's letter to the Big Four Outlet inviting them to the August 13, 1980 meeting to discuss their Board of Appeals application. Copy of the Board's letter to Donald LaCivita inviting him to the August 13, 1980 meeting to discuss his Board of Appeals application. Copy of the Board's letter to Anthony C. Farinella inviting him to the August 13, 1980 meeting to discuss his Board of Appeals application. Copy of the Board's letter to Edward Sarro inviting him to the August 13, 1980 meeting to discuss his Board of Appeals application. Copy of the Board's letter to Town Counsel Mulcahy on the Wind Chime Acres Subdivision on the special covenant restrictions for the develop- - ment of the pond. Copy of the Board's letter to Ronald S. Bonvie on Wind Chime Acres Subdivision requesting information so the Board can _make a decision on the subdivision. Copy of the Board's letter to the Executive Office of Environmental Affairs asking that the Board be notified before they view the Wind Chime Acres Subdivision. Minutes August 13, 1980 Page 7 Copy of the Board's special permit extension on the application of Henley -Lundgren Company for the development of a,pond off South Main Street for one year. Copy of the Board's letter to Richard Bliss of the Airport Commission informing them that Donald B. Kaufman of 505 West, Street will be the Board's representative on the Airport 'Advisory Committee. Copy of the Board's letter to the Town Engineer asking 'him to review the three site plans submitted by Cabot, Cabot and Forbes and to forward his comments to the Board. Copy of the Board's letter to Mrs. Rose Rogovin returning her form A Approval Not Required plan for land on Stearns Avenue for corrections. Copy of the Board's Special _Permit decision for Henley -:Lundgren Company for gravel removal on land owned by Norman and Katherine Gray and Karl D. Clemmey. Copy of the Mansfield Board of Appeals decision on the application of Peter DeTrolio, Jr. for a variance to pave and landscape an adjoining vacant lot at 428 ,Elm St. for use as a parking lot in conjunction with a proposed variety store. Granted Copy of the Mansfield Board of Appeals decision on the application of - Karl D. Clemmey for a lot at 375 West St. with a 13,700 sq. ft. area for a single family dwelling. - Granted Copy of the Mansfield Board of Appeals decision on the application of Dick's Carpets Etc., Inc. 'for `a variance for an overhanging sign at 284 North Main St. with 24 sq. ft. ;per side. - Denied Copy of the Mansfield Board of Appeals decision on the application of 01 d:?Colohy, Motors, Inc. for a variance to use a vacant lot on West St. for the retail sale of new and used automobiles.'- Granted Copy of a notice of hearing from the Plainville Zoning Board of Appeals for August 19, 1980 at 7:30 P. M. on the application of William B. Tytus forsideyard requirements for a barn on Rhodes Street. Memorandum from the Town Engineer listing the items that have been performed by T & W Contracting Corp. and are acceptable to ,date in the Granada Park Subdivision. Copy of a Notice of Decision from the Norton Planning Board granting a special permit to Henley -Lundgren Co. for earth removal with conditions. Copy of a notice of hearing from the Sharon Board of Appeals for Aug- ust 14, 1980 at 7:45 P.M. for Donald E. Smith for a special permit for Minutes August 13, 1980 Page 8 an in-law apartment in their basement at 248 Edgehill Road. Copy of a notice of hearing from the Sharon Board of Appeals for August 14, 1980 at 8:30 P.M. for Enid and Alan M. Tutstein for a special permit to operate a day care center at '46 Longmeadow Lane. Copy of a notice of hearing from the Sharon Board of Appeals for August 14, 1980 at 7:30 P. M. for 'Robert E. Groh for a variance for a two car garage less than 80 ft. to the center line of the road at 175 Mountain Street. Copy of a notice of hearing from the Sharon Board of Appeals for August 14, 1980 at 8:00 P.M. for Young Israel of Sharon for a variance to construct a synagogue on a lot having less than the required area at 9 Dunbar St. Building Construction report from the Building Inspector for July 1980. Memorandum from Planning Director Maurer on the Status of Subdivisions including Magna Vista II, Circle C Estates and Granada Park. Memorandum from Planning_ Director Maurer on the steps necessary to hire a new Planning Director. Covenant and revised covenant from Ronald S. Bonvie for the restrictions on the pond in Wind Chime Acres. Memorandum from Sandra Uyterhoeven of the Executive Office of Environmental Affairs concerning Wind Chime Acres Subdivision. Letter from Town Counsel Mulcahy concerning the declaration of restrictive covenants proposed and submitted on the Wind Chime Acres Subdivision. 12) Motion: To approve the minutes of the July 30, 1980 meeting as written. (Parsons - Brugliera, all in favor) VOTED - 13) Planning Director Maurer, told the Board that the Mansfield Airport Commission was on the agenda to discuss the possible removal of .surplus material from the Airport site, but they haven't decided if the material is going to be removed from the site so they decided not to come in to speak to the Board. 13) Planning Director Maurer noted there is nothing new on the Ash earth removal project at this time. Whitman and Howard are supposed to start the testing. Minutes August 13, 1980 Page 9 14) 15) The Board reviewed the site plan for twelve apartment units on East Street submitted ;by Ronald Bonvie. It was noted that he had reduced the number of units from fourteen to twelve, and put all the parking in the rear of the building. He also submitted a preliminary architectural plan for the ''building. Mr. ''Maurer noted that it complies to the 'zoning By-law and Site plan requirements, but that his concern is with the size of the building on such a small lot. Mr. Bonvie noted that there will be two - l bedroom apartments and ten - 2 bedroom apartments. Planner Parsons noted that curb cuts for adjacent property within 100 feet are not shown, and the zoning and area of the lot are not shown: Motion: To return the site plan to Ronald Bonvie for a twelve unit apartment building on East Street and that it be amended to conform with the requirements of site plan approval. (Parsons - Kaufman, all in favor) VOTED Planning Director Maurer reviewed his memorandum on subdivisions. On Magna Vista II he noted that the Town Engineer recommended that the entire amount be released for the berm and sidewalks. Planning Director Maurer noted that his recommendation is to release $7,070 and to hold back $750 for work remaining to be completed. Motion: To release $7,070 in securities for the berm and sidewalks on Lawndale Road and Tanya Drive. (Parsons Seifert, all in favor) VOTED On Circle C Estates Planning Director Maurer noted the Board is holding two letters of credit which expire at the end of the month. The final inch of bituminous concrete, the berms and the loam and seeding have been completed. He noted that he is recommending that the Board release $13,309.50 from the securities on Pinto, Way and $15,551.00 from the securities on Maverick Drive. The Board would still hold $7,856.95 on Pi'nto Way and $5,839.50 on :Maverick Drive. He would recommend that the amount remaining for the two streets$13,696.45 be incorporated into one new letter of credit and the money not released from the two existing letters of credit until the new letter is received. Motion: To release $13,309.50 from Pinto Way letter of Credit #106 and $15,551.00 from Maverick Drive Letter of Credit #108 for work completed subject to their filing with the Town a letter of credit in the amount of $13,696.45 which will be held until the remaining work is completed;' (Parsons Kaufman, all in favor) VOTED Planning Director Maurer told the Board that he had inspected Foxfield Estates and found that the grass is growing in a satisfactory manner and recommended that the remaining $300 be released. Minutes ` August 13, 1980 Page 10 Motion: To release $300 from the Foxfield Estates securities for the planting of the grass. (Seifert Parsons, all in favor) VOTED 16) Planner Brugliera left the meeting while the Board discussed the Wind Chime Acres Subdivision. Clerk ,Kaufman read the letter from Town Counsel on the restrictive covenant for the pond, and read the actual covenant as, ,revised. It was noted that the pond level as mentioned in the covenant is 117.5 feet and the correct figure is 118 ft. It was decided that the plan is correct and the figure can be corrected on the covenant. Mr. Ronald Bonvie noted that all the corrections in the covenant requested by Town Counsel Mulcahy have been made and Town Counsel said it wasn't necessary for him to see the covenant again. The Board reviewed their letter of August 1, 1980 to Mr. Bonvie outlining all the information they wanted on the plan. Specific questions were raised with respect to item #5 on which lots should be restricted for release for the pond development. The ,plan showed that lot #10 would be elegible for release prior to the completion of the pond. It was the consensus of the Board that this adjustment was satisfactory. Thb,'Board,raised':questidns concerning the conformance of 'lots on the northerly side of Wind 'Chime 'Drive and whether or not they would conform to the Wetland Protection provisions after the pond,'was developed. The Board reviewed each lot with Engineer 'Ralph Maloon and was of the opinion that each lot would conform to the Zoning` By-law: Planner Parsons noted that the plan had been carefully reviewed by the Planning Board, Planning Director and Town Engineer and that the Board had paid additional money to have it reviewed by an engineering consultant. Motion: To approve the definitive subdivision plan for ,Wind Chime Acres subject to the review of the covenant by ,the Town Counsel. (Parsons - Seifert, all in favor) VOTED Chairman Flynn stated that she would like to have voted against .this application because of the pond, and that she hopes that everything is done as shown on the plan and that there are no problems that result from the construction. She would not vote against it because she could see no reason to. Planning Director Maurer asked the Board if they wanted to release the check for $1,000 for GHR Engineering Corp. Motion: To send the check for $1,000 to GHR Engineering Corp. and a letter of thanks for a job well done. (Parsons - Seifert, all in favor) VOTED 17) Mr. Gilbert Powers raised a question concerning Wind Chime Acres and stated that at no time during the consideration of the development did Minutes August 13, 1980 Page 11 the Board, have any contact with the abutters concerning how ,they intend to use their property in the future. He stated it has been his intention for the last three years to establish an apple orchard on his property and it will have to be heavily manured and heavily fertilized to insure a good crop. He felt that this would have an adverseeffecton the pond. 18) Mrs. Margot Jellinek questioned the Board's right to approve a job description for the Planning Director because it has to be consistant with the job description approved by the Board of Selectmen on Oct- ober 14, 1979. .She was advised that the job description was in conformance with the approved job description, of the Board of Selectmen. 19) Mr. Courtney Marconi questioned the hours of construction for the pond and subdivision for Wind Chime Acres and was told that the Subdivision Regulations do not provide for the hours of operation. However, work on Sundays is controlled by the Police Department. 201 It was the consensus of the Board to meet on August 20, 1980 at 7:30 P.M. 21) The meeting adjourned at 10:45 P. M. i la'�5 Z=tir.---. wsA 20U Oate —.�