HomeMy WebLinkAboutPlanning 11/28/1979MANSFIELD PLANNING BOARD
( AGENDA
November 28, 1979
1. Call to order 7:30 P. M.
2. Clerk's Report
a. Correspondence
b. Minutes of November 7, 1979
3. Warrant
4. Visitor's Agenda
8:00 P. M. - Peter O'Brien - Richard Morse's Gravel Permit - Elm Street
5. Old Business
a. Status of Plans
1) Bonvie Land - Ware St. - Preliminary Subdivision (11/29/79)
2) Americo P. Day - Unaccepted Street - Webster Street
3) Poni Corp. - Form "A" - West Street
b. Work Program
6. New Business
a. Status of Plans "
1) Site Plan - Compo Chemical Co.
2 Form "A" - Poni Corp. - Gilbert Street
b. Correspondence
c. Board of Appeals
1) Mary Palanza - 22 John St. - Rear yard variance
2) Lester S. Epstein - 89 Walnut St. - non -conforming frontage
3) Paul F. Boyden - 200 Chauncy St., 202 & 206 Central St. rear yard variance
d:. Public Discussion
e. Date for the next meeting
f. Around the Table
7. Adjournment
MANSFIELD PLANNING BOARD
MINUTES
November 28, 1979
Present: Chairman Parsons, Clerk Flynn
Planners: Morrison, Hartmann, White*
Planning Director Maurer
1) Chairman Parsons called the meeting to order.
2) Clerk Flynn read correspondence from the following:
Copy of a letter from the Conservation Commission to Edward Stivaletta
concerning the drainage problem with the culvert.under Erick Road.
Memorandum from the AD-HOC Recreation Study Committee with a survey on
future recreational needs.
Copy of a letter from the Downtown Advisory Committee to Robert S. Bowditch
designating the MB Groups as developer of the Fairfield Housing Project.
Notice of Public Hearing from the Attleboro Municipal Council and Planning
Board for Monday November 26, 1979 at 7:30 P. M. to revise Chapter 17,
Section 17 and Chapter 17, Section 17-10.2 of the Zoning By-law.
Copy of a letter from D. R. Betts Inc. to move a house from 197 School St.
to 109 Willow Street, noting that Willow Street is a scenic road.
Copy of a letter from the Conservation Commission to Thomas Bonome regarding
the Back Bay Brook Project and informing him that it will fall under the
jurisdiction of the Conservation Commission.
Copy of an application for a variance for Mansfield Zoning Board of Appeals
from Mary Palanza of 22 John St. for an addition to her home with a 34 ft.
rear yard measurement. Hearing to be December 4, 1979 at 7:30 P. M.
Copy of an application for a variance for Mansfield Zoning Board of Appeals
from Lester S. Epstein to put a house on a 2.6 acre lot at 89 Walnut St.
with 87-1/2 ft. frontage which is non -conforming. Hearing to be
December 4, 1979 at 7:40 P. M.
Copy of an application for a variance for Mansfield Zoning Board of Appeals
from Paul F. Boyden to erect a building on a parcel of located at 202 and
206 Central St. and 200 Chauncy St. with a 15 ft. rear yard measurement
which is non -conforming in General Business. Hearing to be held on
December 4, 1979 at 7:50 P. M.
Minutes
November 28, 1979
Page 2
Letter from Dunn Engineering Co., Inc. with revised runoff calculations
and drainage system for Country Auto Sales of 64 Copeland Drive, Mansfield.
Letter from Brookline Trust Company requesting the release of $4,875. for
sidewalks completed in Circle C Estates.
Letter from Town Counsel Charles D. Mulcahy concerning David C. White's
pond development project in reference to Mr. White seeking an agricultural
exemption.
*Planner White entered the meeting at this time.
Letter from Hoffman and Hoffman concerning the Circle C Estate Subdivision
and the reasons why the work remaining to be completed has not been done.
Copy of a letter from Town Counsel Charles D. Mulcahy to Americo P. Day,
Chairman of the Zoning Board of Appeals containing a summary of a recent
zoning decision and enclosing an editorial from the Massachusetts Lawyers
Weekly.
Copy of the Board's letter to the Board of Health advising that Robert
Morrison will be their representative on the Committee to revise the
Small Business portion of the Sanitary Landfill Rules and Regulations.
Copy of the Board's letter to Bertram M. Cook, Building Inspector
concerning King Street.
Legal Notice from Sharon Board of Appeals on a hearing for November 29, 1979
at 7:30 P. M. for Mildred Y. Vangel for a variance to operate "Milly's
Place" in the Sharon Railroad Station.
Letter from Executive Office of Communities and Development Secretary Byron
J. Matthews requesting the Board to fill out a.questionnaire on current
planning practices.
Notice from Norton Planning Board for Public Hearing on December 5, 1979 at
7:45 P.M. for a special permit for Harry G. & Irene C. Sioras for a
restaurant at 363 Old Colony Road.
Decision from Attleboro Zoning Board of Appeals on the application of
Arthur Frazier to construct an addition to a dwelling at 36 Birch Street,
with an 11-1/2 ft. side yard. - Granted
Decision from Attleboro Zoning Board of Appeals on the application of
Chester and Eileen R. Cekala to extend a non -conforming building at
997 South Main St. Granted
Minutes
November 28, 1979
Page 3
Decision from Attleboro Zoning Board of Appeals on the application of
Armell Realty Trust for a special permit to change a non -conforming
carpenter shop at 36 Baltic St. to an 8 family dwelling. - Denied
Decision from Attleboro Zoning Board of Appeals on the application of
TJT on a decision from the Building Inspector deying a permit to build
on premises at Read and Middle St. in a single residence 16,000 sq. ft..
district. - Denied
Certificate of Compliance from the Conservation Commission for Lots
#1402, 1403, 1404, and 1405 for Robert Rizzo on Plantingfield Road.
Minutes from the Conservation Commission for October 22, 1979.
Copy of a letter from Town Counsel Charles D. Mulcahy to the Board of
Selectmen concerning Richard A. Morse, Gravel Renewal Permit.
Letter from Ronald S. Bonvie requesting an extension for the approval of
his preliminary subdivision plan. until November 29, 1979.
Memorandum from the Town Manager concerning the status of King Street.
Letter from -the Board of Health concerning the Committee to review the
Small Business Section of the Sanitary Landfill.
Letter from RIM Engineering Company enclosing plans for the ERE Corp.
Gravel Pit and Ash Gravel Pit showing the location of monitoring wells.
Booklet on Water Supply Protection prepared by SRPEDD.
Memorandum from the Town Planner and Anthony G. Stanzione, Town Engineer
concerning Ronald Bonvie's preliminary subdivision plan on Ware Street.
Notice of hearing from North Attleborough Planning Board for November 19,
1979 at 8:00 P. M. on an application of the North Attleborough Industrial
Development Corporation for approval of a definitive.plan for Phase II
of the Industrial Park located between Town St. and I-9.5 and Landry Ave.
Notice of hearing from North Attleborough Planning Board for Nov. 19, 1979
at 7:30 P. M. on the application of T.R.N. Enterprises for approval of a
definitive plan for land located northerly of Hawkins Road, southerly
end of Germain Dr. with 5 lots in existing Marsella Manor, extending
Germain Dr. to Hawkins Road.
Letter from Representative Leon J. Lombardi informing the Board that the
deadline for filing bills for the next Legislative session is December 5.
Copy of the Board's letter to the Board of Selectmen concerning King St.
Minutes
November 28, 1979
Page 4
Copy of the Board's letter to the Conservation Commission on Erick Road
Drainage.
Copy of the Board's letter to Robert E. Chavaree concerning Riverside
Park Subdivision Securities Release.
Copy of the Board's letter to Antonino Caponirgo, Jr. regarding the
approval not required plan that was not endorsed because the water
elevation of Greenwood Lake was not shown.
Copy of the Board's letter to Franklyn Allen, Jr. concerning Beachwood
Estates Subdivision Securities Release.
Copy of the Board's letter to Douglas A. King concerning the Canoe River
Acres Subdivision.
Copy of the Board's letter to James O'Brien concerning site plan approval
for Country Auto Sales and 64 Copeland Drive.
Copy of the Board's letter to Sidney Covich concerning Circle C Estates
Subdivision:
Copy of the Board's letter to Charles D. Mulcahy, Town Counsel concerning
David White's pond development project.
Copy of the Board's letter to Peter F. O'Brien concerning Richard Morse's
earth removal permit.
Copy of the Board's letter to Bertram M. Cook, Inspector of Buildings
concerning the removal of earthen material in conjunction with improvement
of property for agricultural purposes by Leon Grant off Ware Street.
Copy of the Board's letter to James Antosca concerning an extension of
time for Camelot Estates Subdivision.
Notice of public hearing from Attleboro Board of Appeals for hearing on
November 29, 1979 at 7:30 P.M. on the appeal of Russell DeTore and
Lucille Thomas from decision of the Inspector of Buildings denying a permit
to construct an addition to a non -conforming building at 827 South Main St.
and the application of Ronald F. & Kathleen M. Bouchard for a variance
to erect a fence at 57 Robinson Avenue.
Environmental Notification Form for Henley -Lundgren Company for Gravel
removal/pond restoration project on South Main Street from the Mass.
Executive Office of Environmental Affairs. The Planning Director
explained the forms and why Henley -Lundgren has to go through those
steps.
Minutes
November 28, 1979
Page 5
Copy of a letter to Charles D. Mulcahy, Town Counsel from Peter F.
O'Brien concerning his opinion on the Morse Earth Removal Permit.
3) The Board discussed the November 7, 1979 minutes. It was noted that in
Item #9 Mr. Maloon's statement concerning the impact of the Bonvie
subdivision on the swamp should read, "with the proposed pond, the
impact on the swamp would be negligible".
Motion: To approve the minutes of November 7, 1979 as amended.
(Hartmann - White, all in favor) VOTED
4) Motion: To approve the Warrant for New England Telephone for $105.70.
(Hartmann - White, all in favor) VOTED
5) Peter O'Brien, Attorney for Richard Morse spoke to the Board on Mr.
Morse's gravel removal operation on Elm Street. Mr. O'Brien noted that
the original permit was granted for 37.1 acres and it would be immune
to changes in the By-law. He stated he wants to know who has jurisdiction
because he doesn't feel that it is a new permit. The Planning Director
explained that the Planning Board can't give a renewal on a permit that
was originally granted by another Board. Chairman Parsons told Mr. O'Brien
that the decision the Town Counsel makes is the one the Planning Board
will be happy with. Mr. O'Brien told the Board he will seek an opinion
from Town Counsel on which Board should handle the renewal and possibly
try to get an extension from the Board of Appeals until the matter can
be settled.
Mr. O'Brien also asked if the Planning Board has authority to waive certain
sections of the By-law. Chairman Parsons told him'they would have to get
clarification from Town Counsel on that.
6) The Board reviewed Ronald Bonvie's Preliminary Subdivision Plan for land
on Ware Street. The Planning Director summarized the comments written
in a memorandum from The Planning Director and Town Engineer. Planning
Director Maurer told the Board he would recommend tentative approval
on the preliminary plan, but to note the concerns listed on the final
design. He would also want to have the information on the lower reaches
of the Canoe River evaluated by an independent engineer. Planner Flynn
asked Mr. Bonvie why he was building the pond. Mr. Bonvie said because
of the high ground water, the material taken out of the pond will be used
on site. There won't be any material leaving the site. He noted they
have to perc the.lots before they know how much fill they will need.
The pond would be a buffer. Mr. Bonvie also noted that the swamp elevation
would be 117 ft. after the pond is dug and that would be the same level as
the road. He noted he is not going to bother with the front lots at this
time. Mrs. Barbara Jones of Ware Street noted that her land is being
flooded by Boutis's land and there is a lot of water in that area. She
stated she didn't care how many houses were built in the area as long as
she didn't get any more water on her property.
Minutes
November 28, 1979
Page 6
Motion: To approve the preliminary subdivision plan for Ronald Bonvie
for lots off Ware Street with the following conditions:
1) Extension of drain line to Ware Street from both road
A and road B.
2) Road A and road B at this time appear to be designed too
low and that the drainage system will be under water most
of the time because the lowest elevation of the storm drainage
system is 117 and the elevation of the pond area and the
swamp is at 119.. The Planning Board should require that
the road system be raised so that the storm drainage system
will flow freely.
3) Relocate the hydrant on road B from station 10 + 40 to the
end of the cul-de-sac.
4) Show the elevation at the Canoe River and the distance from
the outlet to the Canoe River and the channel that the water
will flow from the subdivision to the river.
5) The drainage calculations submitted by RIM Engineering for
the overall drainage basin show that the area from East
Streetto Mill Street contains 175 acres. This was based
upon the swamp area as shown on the U. S. Coast and Geodetic
Map, and the U. S. Soil Maps show more wetland area in the
area between East Street and Mill Street. The engineer
should be required to review the amount of wetland area
between these two streets and revise his calculations
accordingly.
6) Not included in the drainage calculations is the impact of
the pond that the developer is showing on the rear of lots
29 through 36. At the.time of the filing of the definitive
subdivision plan the engineer should present plans on the
retention capacity of the pond.
7) The information on the lower reaches of the Canoe River
should be evaluated by an independent engineer.
(Hartmann - Morrison, all in favor) VOTED
7) Motion: To approve the Form A - Approval Not Required Plan for ten lots
on West Street submitted by Poni Corp. with the stamp on the
plan "Approval of this plan does not imply the approval of any
future roadway for any future subdivision." VOTED
(Hartmann - Flynn, all in favor)
8) The Board reviewed a site plan submitted by Compo Chemical Company for a
1,200 ft. addition to an existing building. The Planning Director noted
that he didn't feel Planning Board approval -was necessary because it did
not represent 15% of the total building.area. Leon Grant spoke to the
Board about the plan and noted that there is a large chemical dump on the
property that is not shown on the plan. It was the consensus of the Board
that no action is required on the site plan at this time.
Minutes
November 28, 1979
Page 7
9) Motion: To approve the Form A - Approval Not Required Plan submitted by
Anthony Chambers for a lot on Gilbert St. with 38 ft. frontage
that has a variance from the Board of Appeals.
(Hartmann - White, all in favor) VOTED
10) Motion: To approve the Form A - Approval Not Required plan submitted by
the Estate of Donald Bailey for land on Spring Street.
(Hartmann - Morrison, all in favor) VOTED
11) The Board reviewed the correspondence. Letters were read from Town Counsel
to the Selectmen on Richard Morse's gravel removal operation on Elm Street
and on David White's pond development project. Planner White stated that
he has withdrawn his request to be released from the Special Permit granted
to him.
12) The Board discussed the letter from Hoffman and Hoffman, attornies for
Sidney Covich on the Circle C Estates subdivision. The Planning Director
told the Board the street trees have been planted and the electric box
has been moved. The paving will have to wait until spring, but he felt
the catch basins should be fixed. The gate valves for the water system
will have to be replaced.
Motion: To send a letter to Sidney Covich and Kelton Potter in answer to
the letter of November 20, 1979 telling them that it is a pleasure
to see that they concur and are planning to complete the.work by
May 1, 1980 and that the Board wants the repair work done this
fall for safety purposes.
(Hartmann - Morrison, all in favor) VOTED
13) The Board reviewed the letter from Dunn Engineering on the run-off
calculations for.Country Auto Sales on Copeland Drive. It noted they
are now using a run-off coefficient of 0.9: and they have increased the
size of the leaching basins.
Motion: To approved the site
on Copeland Drive.
(Hartmann - Morrison,
plan application for Country Auto Sales
all in favor)
VOTED
14) The Board reviewed RIM Engineering's proposal for placement of monitoring
wells on the ERE Corp. site on Maple Street. After reviewing the placement
of the wells it was the consensus of the Board that they were satisfactory.
They reviewed RIM Engineering's proposal for placement of monitoring wells
on the Ash property proposed gravel removal project behind the Morse gravel
removal project on Elm Street. The Planning Director told the Board that
a source of water had been located in that area with a capacity of 6,000
gallons a day and he felt that should be taken into consideration. He
felt it should reviewed to find out the impact the gravel removal would
Minutes
November 28, 1979
Page 8
have on the well. Chairman Parsons told Mr. Maloon he would like to see
another test well in the center of the area to be excavated.
It was the consensus of the Board to write a letter to RIM Engineering
that the Board would expect the records on the four new monitoring wells
and the existing ones for ERE Corp to be forwarded to the Board and also
for the wells on the Ash property.
15) The Board reviewed the letter from Brookline Trust Company asking for the
release of $4,875.00 from Circle M Realty Trust letter of Credit #108
for the completion of the sidewalks. The Planning Director asked that
the Board hold action on the letter until the next meeting so that he
could make a recommendation.
16) Motion: To recommend to the Board of Appeals that a variance be granted
to Mary Palanza for an addition to her home at 22 John St. with
a 34 ft. rear yard measurement.
(Hartmann - White, all in favor) VOTED
17) Motion: To recommend that the Board of Appeals grant a variance to Lester
S. Epstein for a single family dwelling on a lot with 87.5 ft.
frontage located at 89 Walnut St. The 2.6 acre lot shall be
considered as one buildable lot only.
(Hartmann - Morrison, all in favor) VOTED
18) The Board reviewed the application of Paul F. Boyden for a Variance from
the Board of Appeals to erect a building on a parcel of land located at
202 and 206 Central St. and 200 Chauncy St. with a 15 ft. rear yard
measurement. Planning Director Maurer told the Board he is planning to
construct a restaurant on the property.- He noted he would recommend
against the variance because it is packing uses onto the property. He
stated he would like to see him have to meet the building requirements
and limit some of the intensity on the property.
Motion: To recommend that the Board of Appeals deny the variance requested
by Paul Boyden because it would be a derrogation from the Zoning
By-law and there was no hardship demonstrated.
(Hartmann - Flynn, all in favor) VOTED
19) Motion: To write a letter to the Selectmen informing them that the Board
wants Mr. Betts to review the route of travel over Willow Street
with the Planning Director before a permit is issued to move a
dwelling from 197 School Street to 109 Willow Street.
(White - Hartmann, all in favor) VOTED
20) Mrs. Margot Jellinek told David White he was in conflict ofinterestwhen
Mr. Maloon was discussing ERE Corp. because he dug the test holes. Planner
Minutes
November 28, 1979
Page 9
White stated he didn't feel he was in conflict.
Mrs. Jellinek also objected to the signing of the Bonvie Plan because
the number of acres wasn't given.
21) Leon Grant appeared before the Board to discuss a conversation he had
had with the Planning.Director concerning the possibility of his using
the railroad right-of-way into Norton to haul material from his pond
development project. Planning Director Maurer told the Board he felt
Mr. Grant should have to comply with all Town requirements applicable
for his operation before the Town gives him permission to use the right-
of-way. Chairman Parsons told Mr. Grant that when he has reached the
point where he has everything in order and the Board is asked for a
recommendation they will make one.
22) The date for the next meeting was set for December 5, 1979 at 7:30 P.M.
23) Planning Director Maurer told the Board that the MB Group was selected
as the developer for the Fairfield Project. Mr. Robert Bowditch will
be at the meeting next Wednesday night for a presentation.
24) The meeting adjourned at 10:50 P. M.
Clerk
r,I1,fz7
Date