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HomeMy WebLinkAboutPlanning 10/03/1979MANSFIELD PLANNING BOARD t AGENDA October 3, 1979 1. Call to order 7:30 P. M. 2. Clerk's Report a. Correspondence b. Minutes of September 19, 1979 3. Warrant 4. Visitor's Agenda 8:00 P. M. - Ralph Maloon ) ERE Corp. Earth Removal Joseph Krowski) Application 8:15 P. M. - Margot Jellinek 5. Old Business a. Status of Plans 1) Plymouth Home National Bank - Earth Removal - Maple St. (10/29/79) 2) Bonvie Land - Ware St. - Preliminary Subdivision (11/12/79) 3) James O'Brien - Site Plan - Copeland Drive b. Work Program 6. New Business a. Status of Plans 1) Foxfield Estates - Street Acceptance Plan 2) Franklyn Allen - Form A - Ware Street b. Correspondence c. Public Discussion d. Date for the next meeting e. Around the Table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES October 3, 1979 Present: Clerk Grant Planners: Parsons, Flynn, Hartmann, Matoian Planning Director Maurer 1) Clerk Grant opened the meeting in the absence of a Chairman. 2) Motion: To nominate Planner Flynn as Clerk Pro -tem for the evening. (Hartmann - Matoian, all in favor) VOTED 3) Correspondence was read from the following: Letter from A. L. Willis Co., Inc. requesting the release of securities for the Spruce Acres Subdivision. Letter from Camelot Trust, James Antosca Trustee, requesting an extension for two years for the Camelot Subdivision off Williams and Tremont Streets. Notice from the Board of Selectmen that the Big -monthly meeting will be held on October 24, 1979. Letter from Town Counsel Charles D. Mulcahy concerning Leon Grant's involvement with Henley -Lundgren Company. Copy of a Board of Appeals application from Leon Grant concerning apartment units on Wood Avenue. Letter from Norwood Engineering Co., Inc. concerning the culvert under Otis Street for Plantingfield Road Subdivision. Building Construction report for the month of September 1979 from the Building Inspector. Letter from the Conservation Commission concerning Erick Road and Bonney Lane Drainage into 73 Stearns Avenue. Copy of a letter from the Conservation Commission to Town Counsel Charles D. Mulcahy concerning Kelton Potter's violation at 1030 and 1036 East St. Copy of a letter from the Conservation Commission to Town Counsel Charles D. Mulcahy concerning Kelton Potter's violation at 100 Branch Street. Copy of a decision from the Attleboro Zoning Board of Appeals on a special permit application from Kenneth L. Kern, Agent to operate an automobile ! service station in an enclosed regional shopping mall on the northwesterly side of Newport Ave, and Route 95. - Granted Minutes October 3, 1979 Page 2 Copy of a decision from the Attleboro Zoning Board of Appeals on a special permit application from Kenneth L. Kern, Agent of The Mugar Group Inc. and Federated Stores Realty, Inc. for an earth removal operation on land located on the northwesterly side of the intersection of Newport Ave. and Route 95, otherwise known as Sweeden's Swamp. - Granted Copy of a decision from the Attleboro Zoning Board of Appeals for a special permit application from Kenneth L. Kern, Agent of the Mugar Group Inc. and Federated Stores Realty, Inc. to alter certain land located in a Flood Plain District and construct thereon an enclosed regional shopping mall located on the northwesterly side of the intersection of Newport Ave. and Route 95, otherwise known as Sweeden's Swamp. - Granted Copy of a decision from the Attleboro Zoning Board of Appeals for a special permit to conduct a real estate office at 839 Newport Ave. South Attleboro in a Single residence a district - application of John P. Brady and Irene O'Malley. - Denied Copy of a decision from the Attleboro Zoning Board of Appeals for a special permit on the application of Walter and Janet Fenton and Sudarshan K. Malik for a Doctor's office at 440 North Main St. in a single residence district. - Denied Copy of a decision from the Attleboro Zoning Board of Appeals for a variance to erect a dwelling on Grant Road at Lake Shore Drive owned by Frederick and Lillian Lander requiring front and side yard variances. - Granted Letter from the Mansfield Co-operative Bank on Billings Realty Trust Performance Guarantee Passbook #1505009 in the amount of $6200. for the pond development project on South Street. Letter from Plymouth Home National Bank advising the Board that they have executed a purchase and sale agreement which has been assigned to the applicant and the applicant is the equitable owner of the property and legally entitled to seek the permit requested. Letter from the Conservation Commission to the Board concerning the Bonvie Land Ware St. preliminary subdivision plan stating they feel the project should be held in abeyance until the downstream water problem is resolved. Copy of the Board's letter to the Board of Appeals on the application of Anthony Chambers recommending that the variance be denied. Copy of the Board's letter to the Board of Appeals on the application of Robert Freerksen recommending that the variance be denied. Memorandum from the Town Manager reminding the Board of a meeting on recreational facilities. Copy of a Board of Appeals application from Philip Finer to convert an existing commercial three story building at 5 Fulton Place to a two family use on a lot that has an existing rooming house which is non -conforming. Minutes October 3, 1979 Page 3 Notice of hearing from Attleboro Zoning Board of Appeals for Oct. 4, 1979 on the application of Arthur Frazier on a denial from the Building Inspector to construct an addition to a dwelling at 36 Birch St. with a non -conforming side yard. On the application of Gerald and Pauline Bussiere for a permit to continue operating a beauty shop at 36 Thacher Street. On the application of George E. & Susan M. Lamarre for a permit to continue operating a beauty shop at 16 Mary Street. On the application of Henrietta Maston for a special permit to operate a home bake shop at 48 Owen St., South Attleboro. SRPEDD bulletin for July and August 1979. Letter from Planner Donald B. Kaufman informing the Board that he will be teaching an evening course for the next ten weeks and will be unable to attend Planning Board meetings. Copy of the Conservation Commission minutes for September 17, 1979, and September 10, 1979. Memorandum from the Town Manager asking for the Budget to be submitted by November 1, 1979. Copy of the Board's letter to Thomas W. McGee, Speaker of the Mass. House of Representatives concerning H-2323. Copy of the Board's letter to Richard F. Merrikin of Norwood Engineering Co., Inc. concerning the Henley -Lundgren Company Pond Development project on South Main Street. Copy of the Board's letter to the Eoxboro Board of Selectmen on Peter Fontanini's pond development project on South Street. Letter from Leon J. Lombardi informing the Board of a series of public hearings on the Subject to Financial Disclosure for Municipal Officials. Notice of Public Hearing from the Foxboro Planning Board on a hearing on a definitive subdivision plan known as "Canoe River Estates"located off East Street to be held on October 4, 1979 at 8:00 P. M. 4) Motion: To accepted the minutes of the September 19, 1979 meeting as written. (Parsons - Matolan, all in favor) VOTED 5) Mrs. Margot Jellinek asked the Board if anyone attended the meeting in Foxboro about the landfill. She said she felt someone should have gone to the meeting. The Planning Director explained he had planned to attend but had been out sick that day. 6) The Board discussed the request for the release of securities on the Spruce acres subdivision submitted by Allen L. Willis, Jr., President. The "as built" plans for the subdivision were also submitted. Minutes October 3, 1979 Page 4 Motion: To hold until next review the plans. (Hartmann - Flynn, week to give the Planning Director time to all in favor) VOTED 7) The Board discussed the letter received from the Mansfield Co-operative Bank concerning the $6160. held in passbook 1505009 for Peter John Fontanini for a performance guarantee on his pond development project on South Street. Motion: To accept the securities in the amount of $6160 held in passbook 1505009 from the Mansfield Co-operative Bank. (Matoian - Parsons, all in favor) VOTED 8) Motion: To table the letter from the Conservation Commission concerning Erick Road and Bonney Lane Drainage and into the Fouracre property at 73 Stearns Avenue until the next meeting. (Matoian - Flynn, all in favor) VOTED 9) Ralph Maloon of ERE Corp. appeared before the Board to bring in the requested information on the gravel removal application off Maple Street. He outlined the information the Board requested in their letter of September 10, 1979. The first item was the letter from the Plymouth Home National Bank advising the Board that they have executed a purchase and sale agreement which has been assigned to the applicant and the applicant is the equitable owner of the property and legally entitled to seek the permit requested. The second item, the deliniation of the 5 acre sections Mr. Maloon ada4sed has been added to the 100 scale sheet. He noted the first two sections wouldn't be seen or heard by anyone because there are no homes in the area. The third item, the location of monitoring wells 4, 5, and 6 which were place on sepia and the 40 scale plan. He said they are at various low points outside of the excavation area. He noted there are 36 acres of land in the parcel and 15.52 will be excavated and all of the land to be excavated is beyond the power lines. The fourth item requested a statement for the siltation control during the operation. Mr. Maloon stated there is no swamp on the property and hay bales will be stored on the site to be used for erosion control as required. The fifth item was to investigate the possibility of having the trucks that go to Easton travel along the power easement. Mr. Maloon noted there would be one land owner plus the power company involved. He stated that he had contacted the power company and they had said no, because of the danger involved if a gravel truck had an accident and hit a power line power would be lost to thousands of homes. He said the power company did give them the right to cross the easement, but they don't want anything built within 300 feet of the right-of-way. They don't want any change in grade and want a gate installed at Maple St. to close the road at night and days when the gravel pit is inactive. They don't want the access road disturbed and the limit of the paved area held at 300 feet. Minutes October 3, 1979 Page 5 Mr. Maloon presented letters to the Board from the Montaup Electric Company explaining their position. Several questions and comments were received from people in the Maple Street area and from Easton including the Chairman of the Board of Selectmen $n Easton. These people were present at the meeting to state their concerns about drainage in the area, danger to children from the trucks and concern about the condition of the roads in the area. All comments were taken under advisement by the Board. There was a comment made about there is a flood plain area by the Easton Power Lines. 10) Mrs. Margot Jellinek appeared before the Board to remind the Board of a public hearing to be held in Foxboro on October 16, 1979 concerning a gravel removal operation on land owned by Ralph Seifert in Foxboro. She noted that the area is a water shed for the Canoe River and the Board should be aware of this because it could affect the Cate Spring well. 11) The Board discussed the Bonvie Land Preliminary Subdivision Plan on Ware Street. Planner Flynn noted the Town Engineer had stated there should be no further building on Ware St. until an engineering survey is done in the area. Motion: To hold the plan in abeyance until the Town Engineer gives a report on the plan. (Flynn - Matoian, all in favor) VOTED 12) The Board discussed the revised site plan submitted by James O'Brien and Lawrence Ronco for land on Copeland Drive owned by Karl D. Clemmey. The drainage was not shown on the plan. Motion: To hold the plan until the next meeting. (Matoian - Hartmann, all in favor) VOTED 13) Motion: To hold the "as built" plan from Foxfield Estates until the Planning Director has time to review them. (Parsons - Hartmann, all in favor) VOTED 14) Motion: To approve the Form A - "Approval Not Required" plan submitted by Frank Allen for land on Paula Lane. (Matoian - Hartmann, all in favor) VOTED 15) The Board discussed the letter from the Conservation Commission concerning the drainage problem of Mrs. Fouracre at 73 Stearns Avenue in relation to Eric Road and Bonney Lane. Motion: To have the Planning Director investigate. (Parsons - Flynn, all in favor: VOTED Minutes October 3, 1979 Page 6 16) The Board discussed the letter from Norwood Engineering Co. concerning the culvert under Otis Street for Plantingfield Road Subdivision owned by Robert Rizzo. Motion: To have the Town Engineer check out the change in culvert size. (Hartmann - Parsons, all in favor) VOTED 17) The Board discussed the request for the release of securities from Allen Willis, Jr. for Spruce Acres Subdivision. Motion: To hold it until the next meeting to give the Planning Director time to review the "as built" plan. (Parsons - Hartmann, all in favor) VOTED 18) The Board discussed the request for a two year extension submitted by James Antosca of Camelot Trust for Camelot Estates Subdivision off Williams and Tremont Streets, Motion: To invite Camelot Trust to come to a meeting and discuss the situation with the Board. (Hartmann - Matoian, all in favor) VOTED 19) Planner Grant left the meeting during the discussion of an Application to the Board of Appeals from Leon C. & Patricia Grant for a variance and special permit concerning a building on Wood Ave. that he intends to use for residential purposes rather than commercial purposes as originally intended. Motion: To tell the Board of Appeals that the application in incomplete and until plans are filed and.the Planning Board has an opportunity to review them they cannot make a recommendation. (Hartmann - Parsons, all in favor) VOTED 20) Motion: To recommend that the Board of Appeals vote to deny the application of Philip Finer to convert an existing three story building at 5 Fulton Place from a commercial use to a two-family use because it would tend to aggravate a existing difficult situation. (Parsons - Hartmann, all in favor) VOTED 21) The Board discussed the letter from Town Counsel concerning Leon Grant. The Planning Director explained that Planner Grant had told him after the meeting of September 12, 1979 during which votes were taken on David White's pond development application that he was negotiating with Henley - Lundgren Company. Planning Director Maurer told the Board he had discussed the matter with Planner Grant and they had discussed it with Town Counsel. Planner Grant stated he didn't feel it was a conflict because he wasn't involved with David White or Clemmey or Vazza. He said he made a proposal to Henley -Lundgren Company, but had not received an answer, concerning his own pond development project on his property on Ware Street. Minutes October 3, 1979 Page 7 Motion: To write a letter to Town Counsel stating that the Board discussed the issue with Mr. Grant and it is the feeling of the Board that they would like to keep him on the Board and to write a letter of reprimand to Planner Grant with copies of both letters going to the Board of Selectmen. (Parsons - Hartmann, all in favor) VOTED 22) The Board discussed the letter from Planner Kaufman informing them that he will be teaching an evening course on Wednesday nights for the next ten weeks and will be unable to attend Planning Board meetings. Acting Chairman Grant felt that anyone coming before the Board should have the opportunity to be heard by a full Board and with the resignation of Chairman Lesuer this will leave the Board two members short for the next several weeks. Planner Parsons noted the Board could change their meeting night. Motion: To change the meeting night to Thursday nights. (Flynn - no second) Motion: To send a letter to Planner Kaufman asking for his resignation and a letter to the Selectmen asking for replacements. (Flynn - Hartmann, all in favor) VOTED 23) Mrs. Margot Jellinek told the Board the covanents for Circle M Realty Trust and Camelot Trust have expired and cannot be renewed. 24) It was the consensus of the Board to set the meeting date for the next meeting on October 10, 1979. 25) The meeting adjourned at 11:00 P. M. (J /