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HomeMy WebLinkAboutPlanning 11/07/1979MANSFIELD PLANNING BOARD AGENDA November 7, 1979 1. Call to order 7:30 P.M. 2. Clerk's Report a. Correspondence b. Minutes of October 24, 1979 c. Minutes of October 29, 1979 3. Warrant 4. Visitor's Agenda 8:00 P. M. - Edward Stivaletta - Elmwood Park 8:30 P. M. - Sidney Covich - Circle C Estates. 5. Old Business a. Status of Plans 1) Bonvie Land - Ware St. - Preliminary Subdivision (11/12/79) 2) Leon C. Grant - Ware St. - Surplus Material 3) James O'Brien - Copeland Drive - Site Plan b. Work Program 5. New Business a. 1980-81 Budget b. Bond Release 1) Canoe River Acres 2) Beachwood Estates c. Status of Plans 1) Americo Day - Unaccepted Street - Webster Street 2) Poni Corp. - Form "A" - West Street d. Correspondence e. Public Discussion f. Date for the next meeting g. Around the table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES November 7, 1979 Present: Chairman Parsons, Clerk Flynn Planners: Morrison, White, Matoian*, Hartmann* Planning Director Maurer 1) Chairman Parsons called the meeting to order. 2) Clerk Flynn read correspondence from the following: Letter from Frank Allen and Peter Fontanini requesting the release of securities from Beachwood Estates Subdivision. Memorandum from the Selectmen's secretary about the annual Christmas party to be held on December6, 1979 at Heather Hill Country Club. Status of accounts for the Planning Board for October 30, 1979, from the Town Accountant. Letter from Robert E. Chavaree requesting the release of securities for loam and seeding work completed on Riverside Drive, Basin St. and Union St. Extension. Legal Notice from the Foxboro Board of Appeals for hearing on Nov. 21, 1979 at 7:30 P.M. on the petition of Semeon Simollari for a special use permit to allow the operation of an automobile sales and service operation on property of General Electric Pension Trust at 127 Main Street. Building construction report for the month of October from the Building Inspector. Legal notice from the Sharon Board of Appeals for hearing on November 15, 1979 at 8:00 P. M. on the application of Stuart M. Raifman for a variance to construct an attached two car garage closer than the required distance from the property side line at 14 Barefoot Hill Road. Letter from Peter F. O'Brien attorney for David C. White asking to have Mr. White relieved from the Special Permit provisions concerning his pond project on School Street because the proposed use of the pond is agricultural in nature. Copy of a letter from Margot Jellinek to the Building Inspector concerning Juris Sietins plans to build on Bird Road, and a copy of a letter sent by her to Robert C. Lesuer concerning Bird Road. Minutes November 7, 1979 Page 2 *Planner Matoian entered the meeting at this time. Letter from Dunn Engineering containing the information on the site plan drainage for Country Auto Sales on Copeland Drive. Copy of a letter from the Building Inspector to Leon C. Grant concerning the removal of earthen material in conjunction with property improvement for agricultural purposes on Ware Street. Conservation Commission minutes for October 11, 1979. Copy of the Board's letter to Sidney Covich concerning work to be completed in the Circle C Estates Subdivision. Copy of the Board's letter to Ronald Bonvie concerning the drainage for his proposed subdivision on Ware Street. Letter from Peter F. O'Brien, Attorney for Richard A. Morse concerning his request for an earth removal permit for an existing pit on Elm Street. Attached to the letter was a copy of a letter to the Board of Selectmen from Attorney O'Brien concerning the Richard A. Morse earth removal permit. Copy of a letter from the Building Inspector to Juris Sietins concerning - his request for building permits on Bird Road. The letter requires Mr. Sietins to provide documentation which shows that Bird Road is an accepted public road. Letter to the Planning Director and Board from Douglas A. King Builders, Inc. requesting the release of securities for work done on Canoe River Acres. Letter from the Board of Health requesting that a member of the Board serve on a Committee to review and revise the Small Business portion of the Sanitary Landfill Rules and Regulations. Copy of a letter from the Corps of Engineers to RIM Engineering Co. concerning their jurisdiction in the pond development projects of Peter Fontanini on South St. and David White. Copy of a letter from the Conservation Commission to Town Counsel Charles D. Mulcahy concerning Leon Grant's pond development project on Ware Street. Copy of the letter from the Conservation Commission to Town Counsel Charles D. Mulcahy concerning a Wetland Protection Act Hearing for Leo Peloquin for a house at 227 Franklin Street. Copy of a letter from the Conservation Commission to Mr. P. Tsimortos of Simor Corporation concerning Lot 4, Erick Road. Minutes November 7, 1979 Page 3 Copy of a letter from the Conservation Commission to Kelton 0. Potter informing him to file for a Wetland Protection Act Hearing for work done at 100 Branch Street. Copy of a decision from the Mansfield Zoning Board of Appeals on the variance application of Ida Dorothy of 4 Cobb St. to erect a single family dwelling on a lot containing 9,000 sq. ft. - Denied Copy of a decision from the Mansfield Zoning Board of Appeals on the variance application of Anthony Chambers to use a lot with a 38 ft. frontage on Gilbert St. for a single family dwelling. Granted Copy of a decision from the Mansfield Zoning Board of Appeals on the variance application of Robert Freerksen of Lakeview Ave. to erect a two car garage on a lot presently owned by F. Griswold with 13 ft. side yard measurements. - Granted Copy of a decision from the Mansfield Zoning Board of Appeals on the variance application of Edward J. Broderick III from certain special and technical requirements of Section V -F to convert a multiple dwelling complex located at 147 South Main St. to a 13 family dwelling. - Granted Notice of a meeting on the National Flood Insurance Program sponsored by the Zoning, Land Use, and Environmental Planning Committee for Nov. 15, 1979 at 7:30 P. M. at the Raynham Junior High School. Legal notice from Sharon Board of Appeals for hearing on November 8, 1979 on the application of Sheldon C. Cohen for a variance to construct an attached garage and adjoining family room both of which will be too close to the property side line at 22 Worcester Road. Legal notice from the Sharon Board of Appeals for a hearing on November 8, 1979 at 7:30 P. M. on the application of Arthur L. Frye for a variance to construct a family room which will be less than the required distance from the property sideline at 16 Bradford Avenue. Legal notice from the Sharon Planning Board for hearing on November 14, 1979 at 8:00 P. M. to review proposed amendments to the Zoning By-law. Memorandum from the Planning Director concerning the requested release of securities from Canoe River Acres, Riverside Park and Beachwood Estates Subdivisions. 3) Motion: To approve written. (Matoian - the minutes of the October 24, 1979 meeting as Morrison, all in favor) VOTED Minutes November 7, 1979 Page 6 12) The Board discussed the request of Douglas A. King for the release of securities for work done in the Canoe River Estates Subdivision. The Planning Director told the Board that most of the work done is acceptable but there are a couple of places where it isn't done right. Motion: To acknowedge the request for the release of securities, but not release any funds. (Hartmann - Flynn, all in favor) VOTED 13) Motion: To release $2,950.20 for loam and seeding in Riverside Park Subdivision. (Hartmann - Matoian, all in favor) VOTED 14) Motion: To release $6,148.80 for head wall, rip -rap and loam and seeding for retention areas and drain easement off Paula Lane that has been loam and seeded in Beachwood Estates and the easement that runs from the end of Heather Lane to the retention area has been woodchipped. $1,935.00 to be released for that. (Matoian - Hartmann, all in favor) VOTED 15) Planner White left the meeting while the Board discussed the letter from Attorney Peter O'Brien asking to have David White released from the requirements of the special permit he received from the Board for his pond development project on School Street. He said he felt it should be exempt because it is a farm project. The Planning Director stated he felt he should have gotten the exemption before he requested the permit. Motion: To tell Mr. O'Brien that it is the feeling of the Board that he should honor the permit and if he doesn't want to it will require a new public.hearing. (Hartmann - Morrison; Hartmann, Morrison, Flynn in favor, Matoian opposed) VOTED 16) Planning Director Maurer told the Board that the plan submitted by Americo P. Day for lots on Webster Street meets the minimum requirements for unaccepted streets. The developer will be making improvements in the road. At this time there is no action required from the Board, but a public hearing will have to be scheduled for December 12, 1979. 17) Motion: To send the Form A - Approval Not Required plan submitted by Poni Corp. back. The plan showing 10 -lots on West Street does not show the elevation of Bungay Lake. (White - Morrison, all in favor) VOTED 18) The Board discussed the letter from Attorney Peter O'Brien concerning the Board's alleged confusion on Richard Morse's request for a gravel removal permit on Elm Street. Chairman_ Parsons stated he felt the Board had told Mr. Morse very clearly that if he comes before the Planning Board he would Minutes November 7, 1979 Page 5 Mr. Fouracre questioned the filling of the lots behind his property on Stearns Avenue and wondered whether when filled the water would go further onto his property. Mr. Stivaletta told Mr. Fouracre that he wanted to get permission from the Conservation Commission to fill in the Fouracre property to help alleviate their water problem. Motion; To send a letter to the Conservation Commission asking them to renew the permit for Stivaletta to complete the work to finish the drainage. (Flynn - White, all in favor) VOTED 9) Engineer Ralph I. Maloon showed the Board the drainage study he had done on the Canoe River watershed. He said 9.85 square miles flow into the river. He stated there are 175 acres of swamp in the area; 328 acres of housing; and 1,000 acres of vacant land. Chairman Parsons asked Mr. Maloon what the impact on the swamp the Bonvie Subdivision would have. Mr. Maloon said with the pond the impact would be negligble.Mr. Maloon noted that the subdivision is 1400 feet from the Canoe River and the low elevation of the Bonvie land is 120 ft. and the level of the river is 116 ft. Planning Director Maurer told the Board he is waiting to review the subdivision plan with the Town Engineer. Mr. Bonvie asked for an extension until Nov. 15th on his plan. 10). The Board discussed the proposed budget presented by the Planning Director. Mr. Maurer noted that the budget will increase $100. over last year's expense budget because of a $100. increase in the telephone budget. The total expense budget requested for FY80 is $2,340. Motion: To accept the budget as presented by the Planning Director. (Hartmann - White, all in favor) VOTED 11) Mr. Thomas Balboni of King Street appeared before the Board to question the definition of an unaccepted street. He noted that there is a large hole at the end of King Street near County Street and he wanted to know if the Town was responsible for grading and maintaining the street. He told the Board there are 5 houses and 9 families that use the street. Planning Director Maurer reviewed the history of the development on King Street and stated that King Street was shown on Town maps but had never been deeded to the Town. Motion: To send a letter to the Selectmen telling them that the Town should maintain King Street for public safety purposes. (Hartmann - Matoian, all in favor) VOTED Motion: To send a letter to the Building Inspector about the problems on King Street. (Hartmann - Matoian, all in favor) VOTED Minutes November 7, 1979 Page 4 4) Motion: To approve the warrant in the amount of $58.41. Swartz Office Supply $50.00 and Bristol Office and School Supply $8.41. (Matoian - Morrison, all in favor) VOTED 5) Motion: To approve the minutes for the October 29, 1979 meeting as written. (Matoian - Morrison, all in favor) VOTED 6) Planning Director Maurer told the Board that Sidney Covich had telephoned him to say he would not be attending the meeting. He said Mr. Covich had told him about the proposed work schedule for Circle C Estates. Peter DeGirolamo has given Mr. Covich an estimate for the paving work, but they have not gotten back to him. Planner Flynn felt the Board should have the Town do the work if it isn't completed by the first of May. Motion: To send a letter to Sidney Covich and a copy to the Brookline Trust Company telling them that if the work is not done by May 1, 1980 the Town will take the bond to do the work and that the Board is disappointed that Mr. Covich did not come before them as requested. (Flynn - Matoian, all in favor) VOTED 7) The Board discussed the letter from Dunn Engineering concerning the site drainage for the site plan for Country Auto Sales on Copeland Drive. Planner Matoian noted that the calculations included in the letter were for the lot to be vacant and not paved. He said he felt the drainage system is inadequate. Motion: To reject the site plan application of James O'Brien for Country Auto Sales on Copeland Drive because the Board does not feel that the calculations accurately reflect the rate of run-off on the project. (Matoian - Flynn, all in favor) VOTED 8) The Board met with Edward Stivaletta to discuss a drainage problem at Bristol Arms Apartment Complex in East Mansfield. Planner Morrison left the room during the discussion. Mr. Stivaletta told the Board that the brook has been cleaned out from lot #18 to lot #2 and beyond lot #8. He had two men clean out brush and debris from the brook and said it should be done in the spring and fall. He stated he wants to get permission from the Conservation Commission to straighten the brook out on lot #10 to increase the flow. Planning Director Maurer told Mr. Stivaletta that the Conservation Commission caluclated that the stream bed should be about 4 ft. wide and the vegetation in the brook should be cleaned. The Planning Director asked Mr. Stivaletta when the road would be completed. Mr. Stivaletta said he wanted to do it next year, 1980. Mr. David Fouracre said he felt that when the high point of the stream is leveled off downstream from his property it should help their problem. *Planner Hartmann entered the meeting at this time. Minutes November 7, 1979 Page 7 have to follow the current procedures. There was no confusion on the part of the Board. Motion: To write a letter to Attorney Peter O'Brien in response to his letter of October 25, 1979 concerning Richard Morse to clarify the Board's position. (Hartmann - Flynn, all in favor) VOTED 19) The Planning Director told the Board that they have to make a recommendation on Leon C. Grant's application for surplus material removal on Ware Street in response to the letter from the Building Inspector. Motion: To send a letter to the Building Inspector stating the plan submitted by Mr. Grant isn't.definitive enough for the Board to make an accurate recommendation on it. (Hartmann - Morrison, all in favor) VOTED 20) In response. to a letter from the Board of Health requesting a member of the Planning Board be appointed to a committee to review and revise the Small Business portion of the Sanitary Landfill Rules and Regulations, Robert Morrison took the appointment. 21) Planning Director Maurer explained a copy of a letter the Board received from the Building Inspector to Juris Sietins asking him to determine if the road is accepted. Mr. Maurer explained that there is a Court decision that said because the road was used before 1860 it does not mean it was a public right-of-way. Mr. Cook wanted the research done by Mr. Sietins attorney because of the expense involved to the Town if it is an accepted street. Mr. Sietins attorney was going to advise him to come in under the unaccepted street standards and he would be required to pave the road and put in drainage. 22) Mrs. Margot Jellinek said she didn't agree with the Planning Director on Bird Road. She said there is no electric service on Bird Road and she is against it. Mrs. Jellinek stated she is not happy with the Planning Board minutes because they don't contain enough detail. Chairman Parsons told Mrs. Jellinek the Board is satisfied with the minutes. 23) Planning Director Maurer told the Board the Downtown Advisory Committee is interviewing the three final developers for the Fairfield project on November 19, 1979. He noted that the proposals ranged from 100 units to 120 units. Committee members have discussed the proposals with the MHFA in Boston. He told the Board they will have to issue the special permit on the project. 24) The date for the next meeting was set for November 14, 1979 at 7:30 P.M. 25) The meeting adjourned at 11:15 P.M. Clerk b %f Date