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HomeMy WebLinkAboutPlanning 09/12/1979r. MANSFIELD PLANNING BOARD AGENDA September 12, 1979 1. Call to order 7:30 P. M. 2. Clerk's Report a. Correspondence b. Minutes of September 5, 1979 3. Warrant 4. Visitor's Agenda 8:00 P. M. - Joseph Krowski, Attorney - discuss ERE Corp. application 5. Old Business a. Status of Plans 1) David White - Pond Development - School St. (9/16/79) 2) Plymouth Home National Bank - Earth Removal - Maple St. (10/29/79) 3) Henley Lundgren - Revised Earth Removal Plan 6. New Business a. Status of Plans 1) Joyce E. Paiva - Form A - Willow Street 3) Bonvie Land - Preliminary 2) Hattie L. Murphy - Form A - Coral Street Plan - Ware Street b. Correspondence c. Public Discussion d. Date for the next meeting e. Around the Table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES September 12, 1979 Present: Chairman Lesuer; Clerk Grant Planners: Flynn, Hartmann, Parsons, Kaufman, Matoian* Planning Director Maurer 1) Chairman Lesuer called the meeting to order. 2) Clerk Grant stated he did not wish to serve as Clerk for the evening as he had a matter pending before the Board. Motion: To nominate Planner Parsons as Clerk Pro -tem. (Grant - Hartmann, all in favor) VOTED 3) Correspondence was read from the following: Memorandum to the Board from the Planning Director concerning the Henley - Lundgren Earth Removal Application off South Main Street. Memorandum to the Board from the Planning Director concerning the David White Pond Development Application on School Street. Copy of a letter from the Conservation Commission concerning Kelton 0. Potter's property at 1030 and 1036 East Street. Copy of a letter from the Conservation Commission to Kelton 0. Potter concerning his property at 100 Branch Street. *Planner Matoian entered the meeting at this time. Copy of the Conservation Commission's minutes for their August 27, 1979 meeting. Planning Board status of accounts for August 28, 1979. Notice from the Easton Board of Appeals for hearings on Sept. 27, 1979 - for the following: At 7:30 P. M. for Carl A. & Albertina Kempf III of 49 Belmont St. for a special permit to use the front of the building as a professional office and authority to erect a sign. At 8:00 P. M. for Orlando DiMascio of 1135R Pearl St. to allow a sign which would be 10 ft. above the roof on an industrial building. At 8:15 P.M. for Robert Smith of 690 Washington St. for a special permit to conduct auto body and polishing repair shop in garage and live in the house. At 8:45 P.M. for Ardisco Corp. of 10 Nancy Road to construct addition to existing clubhouse within 3.8 feet of the property line. Minutes September 12, 1979 Page 2 Copy of a petition to the Conservation Commission concerning Kelton Potter's land on Branch Street. Notice of Public Hearing from the Norton Planning Board for September 25, 1979 at 8:00 P. M. concerning a request to keep livestock at 152 No. Worcester St. the property of James Murray. Notice from Sharon Board of Appeals for hearing on September 13, 1979 at 8:00 P.M. for Harold J. Belliveau for a variance on the area of a lot at 425 East Foxboro Street. Notice from Sharon Board of Appeals for hearing on September 13, 1979 at 8:30 P. M. for Roger P. Nordblom et al for a variance for two lots which would have less than the required frontage at 15 Merchant St. Notice from the Sharon Board of Appeals for hearing on September 13, 1979 at 7:30 P. M. for Lawrence Green for a variance to enclose an existing loading platform at Bell House, 162 North Main St. Copy of the Board of Health minutes for their August 29, 1979 meeting. Copy of the Board's letter to Robert E. Chavaree concerning the release of securities for Riverside Park Subdivision. Copy of the Board's letter to Ralph I. Maloon concerning the Earth Removal application of ERE Corp. for land off Maple Street. Copy of the Board's letter to James Vorenberg, Chairman of the State Ethics Commission concerning the financial disclosure legislation. Notice of Hearing from the Attleboro Municipal Council and Planning Board for September 18, 1979 at 7:30 P.M on the petition of Earl M. Friedman to rezone land on the corners of Union St., Pine St. and Dunham St. from Industrial to Central Business. Copy of the Mansfield Board of Appeals Decision for Priscilla W. Trudell of 106 Pine Street to operate a beauty parlor in her home with 2 employees. Granted. Copy of the Mansfield Board of Appeals Decision for Codex Corp. for a variance for a 42 sq. ft. sign. - Granted Letter to the Board from David H. Locke, Senator thanking the Board for their support for House Bill 2323. 4) Motion: To approve the minutes of September 5, 1979 as written. (Matoian - Grant, all in favor) VOTED Minutes September 12, 1979 Page 3 5) The Planning Director discussed his memorandum to the Board concerning the Henley -Lundgren earth removal/pond development project off South Main St. He noted the net amount of earth to be removed is 306,066 cubic yards which exceeds the 300,000 limit set by the Board. He noted that Norwood Engineering is bringing in a revised plan for the meeting that meets the 300,000 cubic yard requirement. The bond estimate for the project is $262,504. He also stated the Board still needs the documentation from the State and Federal Agencies on the control structure. Planner Grant noted the felt the bond estimate was too high and the area could be reforested for less than stated in the bond estimate. 6) Joseph Krowski appeared before the Board representing people from Easton. He presented a petition to the Board from residents opposed to the ERE Corp. earth removal project. He noted the residents about the condition the land will be left in after the operation and the truck traffic in an area with many small children. Attorney Krowski left his address and telephone number with the secretary. The Chairman explained to him that he will be notified when the matter comes up for discussion with the applicant present. 7) Steve Kelleher and Rick Merrigan presented the revised Henley -Lundgren plan to the Board. The plan showed a quantity of 299,280 cubic yards to be removed from the site. Mr. Merrigan noted they have made an application to the State, but the timetable for issuing permits is about a year. He said they will keep an eye on the situation. He also stated they will send a letter to the Environmental Protection Agency. Mr. Merrigan said the State said they didn't need a discharge permit and the Federal Government said to submit an application and they will send a letter saying they have received it. The Planning Director noted that if the Board felt the plan was in order they could accept it and approve the bond amount and give their approval with the stipulation that the Federal and State permits be given to the Building Inspector. Motion: To approve the revised plan entitled "Proposed pond and topographical plan of land in Mansfield, Mass. dated April 5, 1979 with revisions through September 12, 1979 prepared by Norwood Engineering Co., Inc." as the formal plan for this pond development project, which reduces the amount of gravel to be removed to less than 300,000 cubic yards. The amount of securities for the project will be $262,504. (Grant - Matoian; Grant, Matoian, Hartmann, Kaufman, Lesuer and Parsons in favor; Flynn opposed) VOTED 8) The Board discussed the pond development application of David White. Planning Director Maurer noted that the comments requested from Dr. Carr have been received. The Planning Director stated'he felt if the Board decided to grant the permit they should consider putting the same restrictions on it that were put on the Fontanini and Henley -Lundgren permits. Planner Kaufman felt there should be statements on record from the adjacent land owners giving the Town the right to go on their property to finish the pond Minutes September 12, 1979 Page 4 if the applicant doesn't complete it. Motion: To grant the Pond Development Permit to David White with the following conditions: Prior to the commencement of the operation David C. White shall submit to the Town a performance guarantee in the amount of $24,266.00 Said amount is to guarantee the restoration of exposed slopes above the water line, the construction of control structures and to guarantee the completion of the project as shown in the plan entitled, "Plan of Proposed Pond in Mansfield, Mass." by RIM Engineering Company, Inc. dated June 13, 1979. 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. 2. Prior to the issuance of an operational permit by the Building Inspector the applicant shall present to the Planning Board signed statements from Oma M. White, Lanson C. Cobb and Jean Gertrude Findlater stating that the applicant has their permission to construct the pond in accordance with this decision and that the Town of Mansfield has the right to pass and repass on their pproperty for the purpose of completing the pond to the specifica- ,ions as shown on the plan if not completed by ihe'applicant. 3. The Special Permit is subject to the variance issued by the Board of Appeals filed with the Town Clerk on May 11, 1979, from Section V -G -3-e, with respect to paragraph 1 (a) only that a 3 to 1 slope rather than a 5 to 1 slope he graded for this particular pond. 4. The Special permit is subject to the Order of Conditions issued by the Mansfield Conservation Commission on July 30, 1979. 5. The length of operation shall be in accordance with Section V -G- 4 -e of the Mansfield Zoning By-law. 6. This pond development project shall be subject to the operational standards of Section V -G -3-b of the Mansfield Zoning By-law. 7. 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. (Grant - Hartmann; Grant, Hartmann, Parsons, Lesuer, Kaufman, Matoian in favor; Flynn opposed) VOTED Minutes September 12, 1979 Page 5 9) Motion: To endorse the Form A - Approval Not Required Plan submitted by Joyce Paiva for two lots on Willow Street. (Grant - Hartmann, all in favor) VOTED 10) The Board discussed the Form A - Approval Not Required Plan submitted by Hattie L. Murphy for land on Coral Street and Morse Court. Motion: To send the plan back because it doesn't conform to the Zoning By-law. (Grant - no second) Motion: To endorse the Form A - Approval Not Required Plan submitted by Hattie L. Murphy for land on Coral Street and Morse Court. (Parsons - Kaufman; Parsons, Kaufman, Flynn, Matoian, Hartmann in favor; Grant opposed) VOTED 11) The Board discussed the Preliminary Subdivision Plan for Land on Ware Street submitted by Frank Bonvie. The plan has 31 house lots and 2 roads. It was decided to send copies of the plan to the appropriate Boards and Committees for their comments. 12) Planner Grant left the meeting during the reading of a letter from his attorney Peter F. O'Brien to the Building Inspector requesting a surplus earth removal permit for his proposed pond development project on his land 4 on Ware St.. The letter stated that Mr. Grant feels that he is entitled to an Agricultural Exemption from the Zoning By-law. The Planning Director noted that he feels the Board should recommend to the Building Inspector that he is not entitled to an Agricultural Exemption and that the 200,000 cubic yards of material that he intends to remove is commercial, not surplus material. He also stated that Mr. Grant should submit plans to the Board just as David White submitted them. He also noted that this would affect the whole neighborhood and he should go under the operational standards of the By,,Law. Motion: To request an opinion from Town Counsel to review the situation with regard to whether or not the application is in order, if Mr. Grant is eligible for exemption for agricultural purposes and if Mr. Grant's land is not totally formfarming purposes then should the application be processed under the pond development by-laws. (Parsons - Kaufman, all in favor) VOTED After the discussion on his project Mr. Grant returned to the meeting. 13) Chairman Lesuer gave a letter to Clerk Parsons to read which stated Chairman Lesuer's intention to resign from the Board effective at the conclusion of the last meeting of September. Chairman Lesuer stated that he felt it was appropriate for him to step down as Chairman at once because his attendance at the next few meetings is doubtful. Motion: To nominate Planner Parsons to serve as Chairman. (Flynn - Hartmann) Minutes September 12, 1979 Page 6 After discussion Chairman Lesuer decided not to step dawn as Chairman until his resignation is effective and the motion was ruled out of order. 14) Planner Kaufman stated he will be unable to attend the meetings for the next ten weeks because he will be teaching a class on Wednesday and Thursday nights. He asked the Board if they felt he should resign to give space to someone who could attend the meetings, or if the Board could meet on another evening. He said he wouldn't get back into Town until 10:30 PM on those nights. Planner Grant said he felt if it was something that required Planner Kaufman's vote the Board could recess until 10:30 P.M. when Planner Kaufman could get to the meeting. Planner Parsons noted that his schedule is geared to meeting on Wednesday night and he would have a problem if the schedule was changed. Planner Kaufman noted that if it was the consensus of the Board that he not resign he would send a letter to the Selectmen advising them that he will be unable to attend meetings for the next ten weeks. 15) Mrs. Jellinek felt Planner Kaufman should resign from the Board because it wouldn't be fair to people who come before the Board for hearings and so forth to have one member unable to participate for that length of time. Mrs. Jellinek also mentioned a proposed gravel pit in Foxboro with the trucks going through Mansfield and felt the Board should look into it. 16) Chairman Lesuer told the Board he had enjoyed working with the Board. 17) Meeting adjourned at 9:45 P. M. Date