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