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