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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