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HomeMy WebLinkAboutPlanning 07/25/1979MANSFIELD PLANNING BOARD AGENDA July 25, 1979 1. Call to order 7:30pm 2. Clerk's Report a. Correspondence b. Minutes of July 11, 1979 3. Warrant 4. Visitor's Agenda 8:00pm - Karl Clemmey re West Street Site Plan 8:17pm - Margot Jellinek 8:30pm - Jim Dunn - Approval Not Required Plan - Balcom St. 8:45pm - Paul Boyden - Williams Property, Old Colony Way 9:00pm - Joseph Pfeil re Variance 5. Old Business a. Status of Plans 1) Henley -Lundgren - Earth Removal and Pond Development - South Main Street - 7/30/79 2) David White - Pond Development - School Street 9/9/79 3) Gardner Haynes - Approval Not Required Plan - Balcom Street b. Cluster Development Proposal - a copy of the proposal as prepared by V. Ourressef is enclosed. 6. New Business a. Status of Plans b. Correspondence c. Public Discussion d. Date for the next meeting e. Around the table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES July 25, 1979 Present: Chairman Lesuer; Clerk Grant* Planners: Flynn, Kaufman, Hartmann, Parsons, Matoian* Planning Director Maurer 1) Chairman Lesuer called the meeting to order. 2) Motion: To appoint Planner Parsons as Clerk Pro -tem. (Hartmann - Kaufman, all in favor) VOTED 3) Correspondence was read from the following: Status of Accounts for June 30, 1979 from the Accountant's office. Letter from the Conservation Commission concerning the water problem along the easterly portion of Lot #4, Erick Road. Order of Conditions from the Conservation Commission for Henley -Lundgren Company. 1980-1981Capital Improvement Program Requests forms from William P. Metropulos, Town Manager. Copy of the Boards'1 etters to Donald B. Kaufman; Karen G. Carpenter; Robert S. Mangiaratti; Ronald Montaquila; Rodney C. Stearns; Edward J. Tartufo concerning their appointments to the Downtown Advisory Committee. Copy of the Board's letter to the Board of Appeals recommending in favor of the variance requested by Joseph J. Sarro, Jr. of 595 Ware St. Copy of the Board's letter to Mr. & Mrs. Gardner H. Haynes regarding the approval not required plan for land on Balcom Street. Copy of the Board's letter to Franklyn A. Allen, Jr. regarding the release of securities for Beachwood Estates. Notice of the Bi -monthly meeting from the Board of Selectmen to be held on Wednesday, August 1, 1979 at 7:45 P. M. Memorandum from the Town Manager thanking everyone for their cooperation during the past fiscal year. Application for variance from Joseph Pfiel to divide land on Essex St. that needs the consent of the Board before the Board of Appeals can act on the application. Minutes July 25, 1979 Page 2 Copy of the Conservation Commission minutes for June 25, 1979. Copy of the Board of Appeals decision for Joseph J. Sarro, Jr. for a side yard variance at 595 Ware St. - Granted Copy of the Board of Appeals decision for Joyce E. Paiva for a variance to divide a parcel of land at 106 Willow St. - Granted 4) Motion: To approve the minutes of the July 11, 1979 meeting as written. (Parsons - Hartmann, all in favor) VOTED 5) Motion: To make the decision on the Henley -Lundgren application prior to taking up anything else on the agenda. (Parsons - Hartmann, all in favor) VOTED * Planners Grant and Matoian entered the meeting at this time. 6) The Board discussed the pond development application for Henley -Lundgren for land owned by Great Woods Estates Trust and Karl D. Clemmey. Motion: To approve the Special Permit for Henley -Lundgren for land owned by Great Woods Estates Trust and Karl D. Clemmey. (Matoian - Grant) Amendment: To reduce the scope of the project to be strictly for pond development and that the applicant be permitted to remove only 25{0,000 cubic yards of material (Parsons - Hartmann) Amendment: Scope of the project shall not exceed 300,000 cubic yards. (Hartmann - Grant; Hartmann, Grant; Matoian, Kaufman in favor; Parsons, Flynn opposed) VOTED Amendment: Prior to the issuance of an operational permit by the Building Inspector, Henley -Lundgren Company shall present to the Planning Board signed statements by Great Woods Estates Trust and; Karl D: Clemmey that Henley -Lundgren is their duly authorized agent on this project. (Parsons - Hartmann; Parsons, Hartmann, Flynn, Kaufman in favor; Matoian and Grant opposed) VOTED Amendment: The Special Permit is granted solely to Henley -Lundgren Company and is not transferable to any other party. The reuse restrictions contained herein shall apply to the property of Karl D. Clemmey and Great Woods Estates Trust. - (Parsons - Hartman; Parsons, Hartmann, Kaufman, Matoian, Grant in favor; Flynn opposed) VOTED Minutes July 25, 1979 Page 3 Amendment: Prior to the issuance of an operational permit by the Building Inspector, Henley -Lundgren Company shall present a revised plan to the Mansfield Planning Board that shows the revised grading plan that conforms to the Pond Development requirements of the Zoning By-law and would provide for the removal of an amount of earth material not to exceed 300,000 cubic yards. Said plan shall be reviewed by the Planning Board who shall advise the Building Inspector in writing that the plan complies with this requirement. (Hartmann:,- Grant, all in favor) VOTED Amendment: Prior to the commencement of the operations, Henley -Lundgren shall submit to the Town of Mansfield a performance guarantee for the installation of the required loam and seeding which is based upon a present unit cost of $1.80 per square yard. The amount of area to be bonded shall include the surface area of excavation minus the area of the pond. In addition the area to be reforested will be done at the rate of $500.00/ acre. (Parsons - Matoian, all in favor) VOTED Amendment: The release of the securities shall be on the approval of the Planning Board and shall be only after the project is completed and the "as built" plans are prepared in conformance with the Zoning By-law._ (Parsons -Grant, all in favor) VOTED Amendment: An easement shall be provided by the owners giving the Town of Mansfield the right to pass and repass on the property in question with the intention of completing the pond to the specifications as shown on the plan, if not completed by the applicant. (Hartmann - Parsons, all in favor) VOTED Amendment: After completion of the project no future development or construction shall be permitted within a distance of one hundred and twenty (120) feet of the high water line of the pond Which includes the area as -shown in the plan for the planting of the pine seedlings buffer. (Hartmann - Parsons, all in favor) VOTED Amendment: Any redevelopment of either the Clemmey or Vazza properties, by them or their heirs, successors and assigns, shall follow the drainage pattern as shown in the plans. Under no circum- stances shall storm run-off, roof drains or channeled surface water be permitted to flow into the pond. Prior to the issuance of any building permit on the reuse of the property, the Planning Board shall review the plans and determine their compliance with this restriction. If they do not comply then no building permit shall be issued. (Hartmann - Parsons, all in favor) VOTED Minutes July 25, 1979 Page 4 Amendment: Any redevelopment of the remaining land area shall comply with all applicable Federal, State and Local By-laws and regulations. (Grant - Hartmann, all in favor) VOTED Amendment: This pond development/earth removal project shall be subject to the operational standards of Section V -G -3-b of the Mansfield Zoning By-law; however, the hours of operation for the land owned by Great Woods Estate Trust shall be between 7:00 A. M. and 5:00 P. M. (Grant - Hartmann, all in favor) VOTED Amendment: The Special Permit is subject to Order of Conditions issued by the Mansfield Conservation Commission dated July 11, 1979. (Grant - Hartmann, all in favor) VOTED Amendment: The length of operation shall be in accordance with Section V -G -4-e of the Mansfield Zoning By-law. (Grant - Hartmann, all in favor) VOTED Amendment: Prior to the commencement of the operation the applicant shall present to the Planning Board and Building Inspector documentation from the appropriate State and Federal Agencies stating their jurisdiction in regard to the discharge permit and the design of the control structure. (Parsons - Hartmann, all in favor) VOTED Amendment: The final water table, beyond the buffer area, as determined by monitoring wells installed and inspected during the period from December 1 to April 1 following excavation, shall be no closer to the surface of the finished grade than it was to the existing grade prior to excavations. These elevations shall be shown on the as -built plans. (Parsons - Hartmann; Parsons, Hartmann, Kaufman, Matoian, Flynn in favor; Grant opposed VOTED Main motion as amended: (Matoian, Grant, Parsons, Kaufman, Hartmann in favor; Flynn Lesuer opposed) VOTED 7) Engineer James Dunn presented to the Board a site plan approval application for Karl D. Clemmey for land on West Street. He noted that is is Mr. Clemmey's intention to move the house from across the street onto this lot and to establish a take out restaurant. The project will be connected to the sewer system and will have 14 parking spaces. A portion of the site will drain to West Street and the balance of the site will drain onto Clemmey's property. Planner Kaufman noted that the proposed entrance onto Minutes Page 5 July 25, 1979 West St. is between 80 and 90 feet of the main entrance into the Clemmey Property. The Planning Director advised that at the public hearing for the rezoning Mr. Clemmey had stated that he would not have a a driveway from the balance of the frontage, but any development would come off the main driveway from West St. The Planning Director was advised to review the plans and make a recommendation to the Board at the next meeting. It was also suggested that the plans be reviewed by the Town Engineer. 8) Mrs. Jellinek met with the Board regarding the pond development project of David White. 9) Engineer James Dunn met with the Board regarding the "Approval Not Required Plan" for Gardner Haynes for land on Balcom Street. He noted the electric easement and the right of way were not shown on the plan. The revised plan shows the electric easement and the right of way is referred to by deed reference. Motion: To endorse the "Approval Not Required Plan"for Gardner Haynes for land on Balcom Street. (Grant - Matoian, all in favor) VOTED 10) The Board met with Paul Boyden and James Vaughn regarding the Williams property on Rumford Avenue. Mr. Boyden had requested at a previous Town Meeting to reaffirm a 1955 Town Meeting vote that would abandon a portion of the property to Mr. Williams. There was a small portion of Town owned property which has never been abandoned. Mr. Boyden noted that both properties had been utilized by Mr. Williams for approximately 20 years. An article has been inserted into the Special Town Meeting to reaffirm the 1955 vote and to request that the small portion of Town property be transfered to Mr. Williams. The material presented by Mr. Boyden has to be reviewed by Town Counsel. 11) The Board agreed to meet at 7:00 P. M. on August 1, 1979 to tour the David White Pond Development Project. 12) The Board discussed the 'cluster development proposal and recommended that the Planning Director prepare a detailed report on the proposal for the next meeting. 13) The Board agreed to review the earth removal proposal for land off Maple Street next week. 14) The Board agreed to review the "Form A" - Approval Not Required Plan for Barbara Jones for land on Ware Street next week. 15) The Board agreed to review the water problem on Erick Road as outlined by the letter from the Conservation Commission. 16) Mrs. Margot Jellinek advised the Board whe was considering taking legal action against the Board concerning their decision on Henley -Lundgren. Minutes July 25, 1979 Page 6 17) The Board agreed to meet next week Kenneth Parsons would not be in attend- ance. All other members noted that they will be there. 18) Planner Flynn recommended that the Town Engineer take a more active role in reviewing plans. 19) Planner Kaufman would like to see that people who come before the Board state their name and purpose for being there. 20) Planner Parsons advised the Board that the Downtown Advisory Committee had opened proposal for the Fairfield Development Project. Nine preliminary proposals were received. 21) The Planning Director told the Board of a recent Court Decision which may change the status of Bird Road. This decision was so recent that it was just brought to his attention last week. Had he been in attendance at the meeting when the Board signed the Bird Road plan he would have recommended that they endorse the plan. 22) The meeting adjourned at 11:00 P. M. Date` -