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HomeMy WebLinkAboutPlanning 12/10/1980MANSFIELD PLANNING BOARD AGENDA December 10, 1980 1. Call to order 7:30 P. M. 2. Clerk's Report a. Correspondence b. Minutes of December 3, 1980 3. Warrant 4. Visitor's Agenda 8:00 P. M. - Mr. Avallone - Plantingfield Road 8:15 P. M. - Peter Fontanini & Frank Allen - Beachwood Estates 8:30 P. M. - Charles D. Mulcahy, Town Counsel 5. Old Business a. Status of Plans 1) E R E Corp. - Gravel Removal - Maple St. 6. New Business a. Status of Plans 1) W R C Properties - Forbes Blvd. - Form A. 2) W R C Properties - Forbes Blvd. - Form A 3) W R C Properties - Forbes Blvd. - Form A b. Revised Fee Schedule c. Correspondence d. Public Discussion e. Date for the next meeting f. Around the Table 7. Adjournment MANSFIELD PLANNING BOARD Present: Chairman Flynn; Planners: Parsons; White; Planning Director Folkman MINUTES December 10, 1980 Clerk Kaufman Genatossio; Brugliera* 1) Chairman Flynn call the meeting to order at 7:40 P. M. 2) Clerk Kaufman read correspondence from the following: A list of examples of revised fee income from Subdivisions submitted by Planning Director Folkman. Memorandum from the Town Manager asking the Board to submit their report for the Town Report by January 5, 1981. Minutes of the Conservation Commission meeting of December 1, 1980. Memorandum from the Planning Director recommending the release of ,the remaining securities for the Riverside Park Subdivision. Letter from Robert E. Chavaree requesting the release of the remaining securities for the Riverside Park Subdivision. Minutes of the Board of Health meeting of November 19, 1980. Notice of hearing from the Attleboro Zoning Board of Appeals for December 18, 1980 on the application of C. Wallace Cederberg and Adams Enterprises, Inc. for a special permit to construct 8 multi -family units containing 166 apartment units at the rear of 25 Commonwealth Ave. and also abutting Toner Boulevard. Copy of a letter to Charles D. Mulcahy, Town Counsel from Planning Director Folkman inviting him to attend the Board's meeting on December 10, 1980 to discuss the status of the Morse Earth Removal Special Permit request and the legality of two items in the revised fee schedule. Status of Accounts from the Town Accountants office. Letter to Chairman Flynn from the Mansfield Industrial Development Financing Authority to notify the Board of the project and to request that the Board advise the MIFA if the proposed project conflicts with any existing local or regional comprehensive plan. They are requesting $1,806,800 to finance an industrial development project in the Town located at 135 Forbes Boulevard. Minutes December 10, 1980 Page 2 Memorandum to the Board from the Planning Director on the status of the Beachwood Estates Subdivision. 3) Motion: To accept the minutes of the December 3, 1980 meeting as written. (Parsons) Clerk Kaufman added the following amendment: Item #6 next to the last line change the word "Supreme." to "Appeals." (Kaufman second, all in favor) VOTED 4) The Board discussed the letter from the Mansfield Industrial Development Financing Authority for a project located at 135 Forbes Boulevard where the Sherwood Medical Building is presently located. The building is being purchased by a trust for $1,806,800. to be leased to a company engaged in the manufacture sale and distribution of cardiac output computers, catheters, vena cava filters and other related products. The letter requested information from the Board as to possible conflicts with any existing state, local or regional plan. It was noted that the building already exists within the Cabot, Cabot and Forbes Industrial Park. Motion: To send a letter to the Massachusetts Industrial Finance Agency advising them that as far as we know at the present time the project at 135 Forbes Boulevard does not conflict with any local or regional comprehensive plan. (Kaufman - Parsons, all in favor) VOTED 5) The Board met with Michael Avallone of Plantingfield Road. He told the Board that he had moved into his house in July. He had contacted Mr. Robert Rizzo the developer and asked for a street sign and street light. He was told it would be done in two or three weeks. It has not been done yet and he has since contacted Mr. Rizzo and has been told that there will be nothing further done on P1antingfield Road until the development is completely done. He noted there has been vandalism in the area and the residents feel they would like to have a street light there for their protection. Ronald Bonvie, the builder told the Board that Mr. Rizzo would do the work in the spring. *Planner Brugliera entered the meeting at this time. The Board asked Planning Director Folkman to check the records on the subdivision to determine the exact status of it as to whether or not an extension has been granted before the Board takes any action on the matter. Motion: To table action on the matter for a week to see if the Planning Director can find what the status of the subdivision is. (Kaufman - White, all in favor) VOTED. Minutes December 10, 1980 Page 3 6) The Board met with Peter Fontanini and Frank Allen to discuss the Beachwoods Estates Subdivision. Planner Brugliera left the room during the discussion. Planning Director Folkman reviewed his memorandum to the Board on the status on Beachwoods Estate status of roads, improvements and securities, the winterization of Heather and Paula Lanes and the Security accounts. Fie noted that he has visited the site many times. Mr. Allen told the Board that they have been doing small items like putting catch basin covers on and resetting granite curbing. There are still two houses under construction on Heather Lane. On Paula Lane there are two lots that construction won't start on until spring. Ile told the Board that they would like to take $30,000 from the security accounts and place it in a high interest account for six months to possibly keep up with inflation, and they would start work in the spring and finish it by July 1, 1981. He said they are preparing the subdivision for winter by putting the lights and fire alarms in and fixing the manhole covers. Planning Director explained', that their primary goal is to winterize the roads, clean up the catch basins and clean up the shoulders of the roads and then come back in the spring and finish all the improvements by July 1, 1981. He noted that he had no problem inmovingthe money to a high interest account and the Town would get the interest. Mr. Fontanini told the Board that the street lights have been ordered and the winterizing is almost done now. Motion: To transfer $30,000 into the six month savings certificate with the stioulation that the interest will accrue with the principal for the benefit of the Town. VOTED (White - Genatossio, all in favor) 7) The Board went into executive session with Town Counsel Charles D. Mulcahy. at 8:45 P. M. and reopened the meeting at 9:30 P. M. 8) The Board discussed the Form A - Approval Not Required Plans submitted by W R C Properties for land on Forbes Boulevard. Planner White left the room during the discussion. The submission involved two identical plans for land at the intersection of Forbes Boulevard and Plymouth Street. One of the plans is for recording in the Registry of Deeds plan book and the other for recording in Land Court. Planning Director Folkman told the Board that he had reviewed the plans and all the information required was there. It was noted that the Board has reviewed the site plan on this land and this is just to clear the title. Motion: To endorse the two identical Form A - Approval Not Required Plans submitted by W R C Properties for land at the intersection of Forbes Boulevard and Plymouth Street. VOTED (Parsons - Brugliera, all in favor) Minutes December 10, 1980 Page 4 E Planner White was out of the room during the discussion. 9) The Board reviewed the Form A - Approval not required plan for land on Forbes Boulevard between Suffolk Road and Hampden Road on the West side of the street identified as Lots #612 and #614. Planning Director Folkman told the Board that he would recommend endorsing the plan as it meets all the requirements for Form A's. Motion: To endorse the Form A - Approval not Required Plan for land on Forbes Boulevard between Suffolk Road and Hampden Road on the West side of the street identified as Lots #612 and #614. submitted by W R C Properties. (Parsons - Brugliera, all in favor) VOTED 10) The Board discussed the request from Robert E. Chavaree for the release of securities for the contingency for Riverside Park Subdivision. It was noted that the work was completed 13 months ago. Planning Director Folkman told the Board that there is approximately 4,306.50 in the contingency securities. The year has elapsed. Motion: To release the securities in their entirety for the Riverside Park Subdivision from pasbook accounts #136146, 134661 and #02030003889 and letter of credit #4-50191-01 from the Attleboro Savings Bank. (Kaufman - Genatossio, all in favor) VOTED 11) The Board discussed the revised fee schedule and reviewed the examples of how the new fees would affect subdivisions like Wind Chime 'Acres and Colonial Heights. Planning Director Folkman told the Board that he could delete the pass through zoning cost from the schedule as recommended by Town Counsel and go with the rest of the fees. It was decided to let the fee schedule sit for the time being. Planner Folkman will work up an estimate for a subdivision without a cul-de-sac in it. 12) The Board discussed the violation fee in the Zoning By-law. It was felt by Chairman Flynn and Clerk Kaufman that the fine should be raised, but it was decided to wait another week before making a decision on it. 13) The Board discussed the surplus material section of the earth removal by- law. Planner Genatossio noted that it is a loophole in the by-law and felt that item8'(d) under definitions be deleted. Planning Director Folkman felt the definition could be more clearly refined and told the Board he would have something on it for the next. meeting. 14) Under public discussion Mrs. Jellinek asked Planning Director Folkman when he was at Beachwood Estates last and he told her he had been there Monday. She told the Board that there was an open manhole on Paula Lane. The Planning Director told the Board it is covered. Mrs. Jellinek asked to be on the agenda next week for at least 20 minutes on gravel removal that has nothing to do with the By-law. 15) The date for the next meeting was set for Wednesday, December 17, 1980. Minutes December 10, 1980 Page 5 16) Planner Parsons told the Board that he had thought about the stockpiling of gravel and doesn't think it should be allowed without control. Some consideration should be given as to how it affects the neighbors, i.e. dust and noise and angle of the slope. Setbacks from abutting property should also be considered. 17) The meeting adjourned at 10:30 P. M. r e� l erk —" ,ZzZ,57- G' Date / ` MANSFIELD PLANNNING BOARD MINUTES December 10, 1980 Minutes for meeting with Town Counsel Charles D. Mulcahy.: The Board 'met with Town Counsel Ch Folkman told him that he would lik removal, the paying of advertising by the public and increases in fin 1) Mr. Mulcahy told the Board he the Town may have to charge a` other Towns were considering i the fee, but noted it would ha at the Town Meeting. He felt Town, and felt that the Planni didn't see anything legally ac been tested in the courts. A' pits. 2) Mr. Mulcahy discussed the advc to what the harm would be for th€ to make the fine higher. It 'i s t injunction that is what is neces= Motion: To go into executive sessior (Parsons - White, all in far 1) Mr. Mulcahy brought the Board up Dooreicase against the Town.He Building Inspector, Board of App( He told the Board the case invol, of federal and civil 'rights becai could only have his wife working felt he was being discriminated and wanted to hire employees. T alleged that from 1972 to 1977 a him from opening a real estate 0 irector discuss the surcharge on earth rges For zoning changes initiated, or violations. that in light of proposition 2-1/2 harge on earth removal. :Fie noted that so.` Fie saw no problem with implementing o have a public hearing and be adopted as a benefit to orderly growth in. the oard should look into it. He stated he t it, but doesn't know if. the law has surcharge wouldn't affect any existing ing fees being passed on to the public �I pard that he isnot sure that that can t the Town cannot pass;, that specific �d the question to the Town Counsels' :k to the Board. ity of raising the fine for zoning, noted that 'would ',be a zoning by-law )te> $50 would probably be. the highest ible. The fine has to bear relationship Town. He 'didn't think it was necessary ie power to go into court :and get; an zry'and that is done within 10 days., for further discussion with Town Counsel'. )r);, VOTED' to date on the status of the Nelson told the Board the case is against the sls Town Counsel and Town Moderator. E as Sterling Real Estate and the violation' se the way ;the zoning is written he j for his real estate business and he gai+nst because he,didn't 'have a wife e case is out at this, point. He: has group of people conspired to prevent fice. The Planning Board will be involved Minutes +Executive Session `111111.[ IU, IJOU Page 2 a for the next two or three years. He noted that Mr. Doore has taken a deposition from Margot Jell-inek in, Brockton. 2) The Board discussed the Morse earth removal case involving the Building Inspector. He told the Board that when the judge read the papers that were; on file he felt that there was some confusion over who in the Town had, jurisdiction over the operation and felt that with six months Mr. Morse could finish the operation and eliminate the, problem. He noted that Vie was not satisfied with the outcome of the case.He told the Board that as far as he is concerned Mr. 'Morse can do nothing down there other than loam and seed. He stated the Building Inspector says he has some surplus material, but he and the Building Inspector differ in their opinion of stockpiling of material.- Mr. Mulcahy said he felt it is still a commercial gravel operation. Chairman Flynn told Mr. Mulcahy that Mr. Morse asked to withdraw the application for an earth removal permit and iwanted 'to know if the Board should act on the withdrawal or can they refuse to'accept ;it. Mr. Mulcahy said the point is moot because if the permit has expired there is nothing that he can do but loam and seed'. Planning, Director Folkman told the Board that he had viewed the pit and said he is all done and he didn't see any big piles around. Mr. Mulcahy told the Board that since he withdrew the original application he can refile a new application if he wants to do any more work. He told the Board they could write a letter to Mr.; Morse that the Board wants the loam and seeding done or the Town will call the bond. Planning Director Folkman told the Board that 'under the conditions of the permit he had to start restoring the land 30 days after the permit ran out. Mr. Mulcahy told the Board that the Town can't go after any money other than what is in the bond. 3) Planner Parsons asked Mr. Mulcahy about the status of the Day/Blandori subdivision on Webster Street. He told the Board that the Town has no compelling interest in whether the subdivision is built or not, lie stated that neither party involved has done anything to follow through on the court case. He noted that he had written a letter to the Selectmen and told them he would assist Mr. Day's attorney in preparing the brief but the didn't dot feel it was a good idea. 4) Mr. Mulcahy suggested to the Board that they be receptive to ideas on a farmer;buildinq a pond. There is a cease and desist on one ;right now. He told the Board he has prepared preliminary papers on it in case we want to prepare an in function fnr 'rmir+ W 4, a; Minutes Executive Session December 10,`1980 Page 3 Clerk' F 7 C� :Date