HomeMy WebLinkAboutPlanning 10/22/1980MANSFIELD PLANNING BOARD
j AGENDA
October 22, 1980
1. Call to order 7:30 P. M.
2. Clerk's Report
a. Correspondence
b. Minutes of September 11, 1980; September 17, 1980; October 8, 1980
3. Warrant
4. Visitor's
Agenda
8:00 P.
M.
- Richard Morse -
Gravel Removal -
Elm St.
8:15 P.
M.
- Philip Sorkin.-
Gravel Removal -
Elm St. (Mrs. Leston & neighbors)
8:30 P.
M.
- Ronald Sonvie -
Board of Appeals
Application
8:45 P.
'I.
- Albert KeYworth
- Board of Appeals
Abplication
5. Old Business
a. Status of Plans
1) Richard Morse - Gravel Removal - Elm St. - 10/22/80
2) Howard Brown - Preliminary Subdivision Plan - Balcom St. - 11/24/80
E. New Business
a. Status of Plans
1) Bans Joppich - Form ," - Mill Street
b. Board of Appeals
1) Ronald Bonvie - 525 No. Main St. - apartment conversion
2) Albert J. Keyworth - 328 Elm St. - frontyard variance
3) Rockina Cavallo - 158 Pratt St. - sideyard variance
c. Correspondence
d. Public Discussion
e. Date for the next meeting
f: Around the Table
7. Adjournment
MANSFIELD PLANNING BOARD
MINUTES
October 22, 1980
Present: Chairman Flynn, Clerk Kaufman
Planners: Brugliera, White, Parsons, Seifert*
Planner Genatossio attended the SRPEDD meeting.
1) Chairman Flynn opened the meeting at 7:40 P. M.
2) Town Manager Maurer told the Board that he has appointed Paul Folkman
as Planning Director. He is from Cleveland Heights, Ohio and is working
for the Cleveland Planning Department. He was a former Planner for
Shelburne, Vermont. He is familiar with the Town Meeting form of govern-
ment. He is being hired at a salary of $17,000 per year for six months
and then if he has a good evaluation he will receive a $500 per year
increase. He will start on November 3, 1980.
3) Town Manager Maurer explained to the Board how the 650 feet limit for a
dead-end street was set. He noted that all streets in new developments
have conformed. There was a great deal of thought given to it to make
the number of lots come out even in the Agricultural zone. He gave as
examples Plantingfield Road, Granada Park, Rustic Drive, Heather Lane,
Paula Lane, Colonial Heights and Circle C Estates.
4) Correspondence was read by Clerk Kaufman from the following:
Letter to the Board from Town Engineer Stanzione concerning the corrections
to the pavement in the Magna Vista II Subdivision.
Order of Conditions for Charles P. and Hazel F. Ash for their gravel removal
operation off Gilbert and Elm Streets from the Conservation Commission.
Copy of a memorandum from the Town Manager to the Board of Selectmen and
Planning Board on the appointment of Paul Folkman as the new Planning
Director.
Minutes of the Conservation Commission meetings for September 8; September 13;
September 22; September 23; and October 6, 1980.
Copy of the Board's letter to Albert J. Keyworth inviting him to the Board's
meeting to discuss his Board of Appeals application.
Copy of the Board's letter to Ronald S. Bonvie inviting him to the Board's
meeting to discuss his Board of Appeals application.
Copy of the Board's letter to Rockina Cavallo inviting her to the Board's
meeting to discuss her Board of Appeals application.
Copy of the Board's letter to Peter Fontanini accepting the $4,500 bond from
Fidelity and Deposit Co. for his pond development proect on South St. and
releasing $4,160 from the Mansfield Co-operative Bank.
Minutes
October 22, 1980
Page 2
Memorandum from the Board to various Boards and Departments concerning the
preliminary subdivision plan for Mand on Balcom St. asking them to review
the plan and forward comments to the Board.
Copy of the special permit decision on the application of Charles P. and
Hazel Ash for earth removal on a site off Elm Street.
Copy of the Board's letter to the Board of Appeals on the application of
Winnifred and Terrance McNeil recommending to grant.
Letter to the Board from Margot Jellinek concerning the preliminary subdivision
plan submitted for land on Balcom Street.
Release form for the lots in Granada Park Subdivision submitted by R & R
Realty Trust.
Copy of a letter from the Conservation Commission to Howard G. Brown et al
on the proposed subdivision of land in Mansfield on Balcom Street.
Memorandum to the Board from Town Engineer Stanzione on the preliminary
subdivision plan on Balcom Street owned by Howard Brown.
Phamplet describing the 5th annual Economic Development Conference to be
held on November 8, 1980 sponsored by the Cooperative Extension Service.
Letter from BayBank Norfolk Trust informing the Board they have $43,531.00
in a savings account for a performance bond for work being performed by
R & R Realty Trust.
Letter from Cooperative Extension Service on proposition 2-1/2 and a
meeting on wetland resources.
5) Motion: To accept the minutes of the September 11, 1980 meeting as written.
(White - Brugliera, all in favor) VOTED
Motion: To accept the minutes of the September 17, 1980 meeting as written.
(Parsons - White, all in favor) VOTED
Motion: To accept the minutes of the October 8, 1980 meeting as written.
(Parsons - White)
Chairman Flynn stated that she felt that a statement should be added to
Item #,7 to explain the Board's position on the application at the present
time.
Motion: 'io accept the minutes of the October 8,1980 meeting with the
following amendment.
Item #7 Page 4 add at the end of the first paragraph the following
Minutes
October, 22, 1960
Page 3
statement: "The audience was thanked for their comments and told
that at the 'present time there is a Court'Order and the operation
is under the jurisdiction of the Board of Appeals." VOTED
(Parsons - Kaufman-, all in favor)
6) The Board met with Ronald Bonvie to discuss his application for a Board
of Appeals variance for an apartment at 625 North Main Street. Mr. Bonvie
told the Board that he was going to add eight units to the building and
had a request for a variance before the Board of Appeals but withdrew it.
He noted he had discussed this with the Building Inspector and told him he
wanted to convert the remodeling office into a three bedroom apartment and
he felt it would require a variance. He told the Board he would provide
six parking spaces. The building now contains a four bedroom apartment,
a dental office, and a remodeling office.
Motion: To recommend that the Board of Appeals grant the variance as
requested with the stipulation that all parking be provided off
street on the site. VOTED
(Parsons - Kaufman, all in favor)
7) Mr. Philip Sorkin and other neighbors in the area of Richard Morse's gravel
pit met with the Board to discuss the operation. Mr. Morse was also present
for the discussion. Mr. Morse told the Board that he disagrees with the
statement that this is a Board of Appeals matter. This is the last day of
the gravel removal operation under the Court
teorder.
d that hClerk
tKaufrman read
allothe
Court order to the audience.
ed
to operate for six months and had to apply for the special permit under the
new zoning by-law. He stated that he felt that excess material, gravel and
loam can be removed beyond October 22nd, with the permission of the Building
Inspector. Ile stated the Court order stops today and starts tomorrow on
the excess material.
He told the Board that he is requesting that his application for a special
permit be withdrawn without prejudice. Clerk Kaufman asked him how much
excess material there is to be removed. Mr. Morse noted that under the
Zoning By-law you have to state the amount in the request to the Building
Inspector, but he feels that he is not working under any zoning at all.
He noted that he would have complied with the Zoning By=law in effect when
he got his original poperation. He tolermit, but felt that the Town changed the rules on him
in the middle of his d the Board that he will not remove
anything else unless he gets a permit, from the Building Inspector. He stated
that he didn't install the monitoring wells and he didn't intend to follow
his original plan. He told the Board that he is going to remove the excess
material and then reclaim the land and told the Board that he wants a five
or six to one slope or even more because he doesn't want the land to look
like a bowl.
Mr. Sorkin and Mr. Peter Leston told the Board that they felt that this is
Minutes
October 22, 1980
Page 4
something that should be taken up with Town Counsel. Atty. Judy Hartwell
of Elm St. stated that she felt that the Court meant that he could finish
it up, but that, she didn't feel that the Court intended that the governing
of the earth removal operation be taken away from the Planning Board.
Motion: That the Board consult with Town Counsel for clarification on
the Board's jurisdiction on the removal operation and for
clarification on the Court's .jurisdiction.
(Parsons - Brugliera, all in favor) VOTED
Mr. Morse told the Board that he intends to landscape as close to the
neighbors property as possible and put the land back into condition.to
develop.
8) The Board met with Albert Keyworth to discuss his Board of Appeals application
for a non -conforming frontyard measurement on an addition to his home at
328 Elm Street. He told the Board the addition will be 21 feet from the
street line.
*Planner Seifert entered the meeting at this time.
Motion: To recommend that the Board of Appeals grant the variance requested
by Albert Keyworth of 328 Elm St. for an addition with a non-
conforming front yard measurement.
(Kaufman - Brugliera, all in favor) VOTED
9) The Board discussed the Board of Appeals application of Rockina Cavallo for
a six foot sideyard for a detached garage at 158 Pratt St. It was noted
that the garage is not attached and therefore only requires a five foot
sideyard.
Motion: To notify the Board of Appeals that the Board had reviewed the
application and noted that a variance is not required.
(Parsons - Seifert, all in favor) VOTED
1.0) The Board discussed the Form A -Approval Not Required Plan of land on Mill
Street submitted by Hans Joppich. It was noted that the land did not have
the required frontage. Clerk Kaufman told the Board that a decision was
handed down from the Court last week stating that a Form A does not have to
conform to zoning requirements. It was noted that there was no contiguous
land owned by the applicant and that the plan was for a Land Court recording.
Motion: To endorse the Form A - Approval Not Required Plan of land on Mill
Street submitted by Hans Joppich.
(Brugli&a - Seifert, all in favor) VOTED
11) Motion: To approve the warrant for $47.58 from New England Telephone.
(White —Seifert, all in favor) VOTED
Minutes
October 22, 1980
Page 5
Motion: To approve the warrant for $9.00 for 3 tickets to the Stony
Brook Nature Center for lecture on gravel removal by-law.
(Kaufman - Brugliera, all in favor) VOTED
1.2) The Board reviewed the letter from BayBank United on the securities
for R and R Realty Trust for Granada Park. It was noted that the letter
was not acceptable to protect the interest of the Town of Mansfield as
it said nothing to allow the Town to take the money if the work was not
completed to the Town's satisfaction. The Board also reviewed the release
form for the lots in Granada Park submitted by R and R Realty "frust.
Motion: To notify the applicant that the letter from Baybank United is
not acceptable and to send him a sample of an acceptable letter
to use as a guide. Also to notify him that the lots will not
be released until the letter is returned to the Board.
(Brugliera - Kaufman, all in favor) VOTED
Motion: To have Town Counsel in conjunction with the new Planning Director
make up a form properly protecting the Town that the banks should
use to send notice that funds are being' "held pursuant to a
construction guarantee.
(Kaufman - Seifert, all in favor) VOTED
13) The Board discussed the letter from Town Engineer Stanzione on the Brown
Subdivision plan on Balcom Street and noted seven items were missing from
the plan. It was noted that the plan probably should have been sent back.
14) Margot Jellinek told the Board about the sludge disposal hearing to be
held next Wednesday night, October 29th by the Selectmen as she felt the
Board should be involved in it.
15) The date for the next meeting was set for October 29, 1980 at 7:30 P. M.
16) The meeting adjourned at 9:45 P. M.
erk
Date