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HomeMy WebLinkAboutPlanning 07/05/1978MANSFIELD PLANNING BOARD AGENDA July 5, 1978 1. Call to order (7:30 P.M.) 2. Clerks' Report a. Correspondence b. Minutes of June 21, 1978 3. Warrant 4. Visitors Agenda 8:00 P.M. - Karl Clemmey re. Earth Removal Lw Pm - Y11ucJ Genl 'I r' - ie. Re ffeCS R-C,rlc off 7C, c 9:00 P.M. - Mrs. Jellinek re. Wetlands Protection 5. Old Business 1978-79 Work Program 6. New Business a. Status of Plans - New Submissions b. Correspondence Ld/-We/,CL&e- � �ecsi �e �t k c. Public Discussion d. Date for Next Meeting e. Around the Table 7. Adjournment I MANSFIELD PLANNING BOARD MINUTES July 5, 1978 Present: Chairman Parsons, Clerk Lesuer Planners: Mangiaratti, Hartmann, Matoian, Grant, Mahana* 1. Letters were read from the following: Planning Board to Gene Ceccarelli regarding Peters Park drainage ditch. Gene Ceccarelli to Planning Board regarding Peters Park drainage ditch. Performance bond for Riverside Park Attorney General to Town Clerk granting approval of Articles 31, 32, 33, 34, 35, 36 and 37. Massachusetts Federation of Planning Board's Newsletter. Building Inspector to Town Counsel regarding zoning violation. Building Inspector to Karl Clemmey regarding zoning violation. Planning Board to Board of Appeals regarding application of Edward F. Brown Planning Board to Board of Appeals regarding Allied Auto Planning Board to Board of Appeals regarding Bristol Realty Trust Summary of Building Permits for Month of June, 1978 Newsletter from Office of State Planning, Mass. Department of Community Affairs Memorandum from Mass. Executive Office of Communities and Development regarding Chapter 808. Newsletter from Rural Development Notice of Public Hearing from the Town of Foxborough 2. Motion: To approve the Minutes of June 21, 1978 as presented. (Mangiaratti-Lesuer, all in favor) VOTED 3. Board discussed the warrant of June 30, 1978 in the amount of $90.72 for New England Telephone. Planner Grant noted that he would like to hold the phone bill until the Planning Director is here to justify the calls. It was noted that the bill, if not approved, would have to go to Town Meeting as an unpaid bill. Planner Mangiaratti felt that it should be paid as the money is owed to the phone company, and set the bill aside to ask the Planning Director later where the calls are to. Minutes July 5, 1978 Page 2 Motion: To approve the warrant for New England Telephone in the amount of $90.72 and question the Planning Director later on the calls made. (Matoian, Mangiaratti, all in favor) VOTED 4. Board discussed the warrant of July 11, 1978, in the amount of $73.65. It was noted that $40.00 was for the dues to the Massachusetts Federation of Planning Boards and $33.65 for the paper to print the Zoning By-law. Motion: Not to pay the warrant in the amount of $73.65 because it is dated July 11th. (Grant ) MOTION LOST FOR WANT OF A SECOND It was noted that the warrant always closes on A Tuesday and they must be dated on a Tuesday. Motion: To pay the warrant of July 11, 1978 in the amount of $73.65 (Lesuer-Mangiaratti, all in favor) VOTED 5. Board met with Karl Clemmey to review the earth removal application submitted for land on South Main Street. Chairman Parsons noted that the major item discussed at the last meeting was monitoring wells. Mr. Clemmey noted that he has monitored it for 1 1/2 years now, however, he did not do it the way the Board wanted it done. Mr. Clemmey noted that the regulations do not say just when it has to be monitored. Board read the clause in the Zoning By-law which states that it has to be from Decembbrrto April preceeding the submitting of the application. Planner Grant noted that all he has to do is stock pile the material and remove it as surplus material. Board noted that Mr. Clemmey has good grounds for a variance request. Planner Grant noted that it takes 6 months to prepare a plan like this and now there has been a change in the Zoning By-law and he did not feel tt was fair. Planner Mangiaratti noted that the only way to go around it is to go for a variance from the Board of Appeals. (Planner Mahana entered the meeting at this time.) Planner Mangiaratti felt that they should review the plans to see how they look and make sure it meets all other conditions but they will have to deny it until he goes to the Board of Appeals. Mr. Clemmey noted that everything that was done was done in accordance with the Zoning By-law, with the exception of the monitoring wells. Engineer James Dunn noted that they had talked to the Planning Director and that they would install wells in the rear area of the property because they Woulidtnot be ready to remove from their until next spring. Clerk Lesuer felt that they should go to the Board of Appeals. Mr. Clemmey noted that he went down to the work site and made sure that they are putting all the pipes under the road for the installation of water and sewer like they did on School Street. Motion: To deny the application so that Mr. Clemmey can apply to the Board of Appeals for an appeal. (Grant) MOTION LOST FOR WANT OF A SECOND Chairman Parsons suggested that they review the plan to see if there is anything else that does not comply so that everything can be corrected at one time. Minutes July 5, 1978 Page 3 Planner Mahana noted that the first 5 acre section has to be restored before he starts the next five acre section. EngineeriDunn noted that it is impractical to restore the first 5 acre when you are still working on the area immediately adjoining it. He noted that the drainage for the whole area goes towards the river and they have designdd siltation pond before the water enters the river. He noted that they will begin excavation on the front 1/2 of the property and then move backto the rear 1/2. He noted that the problem of completely restoring the first 5 acres j!s that it will take away the affect of the siltation control device. Mr. Dunn noted on sheet 2 they have shown the proposed location of the monitoring wells. He noted that as you get closer to the siltation pond there is less cut and felt the readings in that area are adequate to take care of it. Mr. Clemmey noted that the monitoring that was done was also witnessed by the Town Engineer. Planner Mahana questioned if the 4 monitoring wells were adequate with none in the middle. Mr. Dunn noted that he did not put any in the middle because it would be in the way of excavation. He noted that he felt it would give them the information necessary, as the ground water follows the slope of the ground. Mr. Dunn noted that the ground water tests may not have been at the highest ground water of the year but it was done during the wet season. Planner Lesuer noted that it was not the intent of the Zoning By-law to have the Town .Engineer monitor the wells for the season on a weekly basis, but to have the applicant monitor the wells. Mr. Dunn felt that if you take 10 tests on a site during the highest water period regardless of whether they are wells or not that they will get an accurate reading. Mr. Dunn noted that test holes 7, 9 and 10 were taken a year ago. Mr. Clemmey noted that there are 5 wells in Town which the Town Engineerishould be monitoring. 6. Board met with Mary Gentili, daughter of Mr. and Mrs. Gene Ceccarelli, to discuss the Peters Park drainage easement. Mrs. Gentili advised that the contractor has noted in the letter that there was a problem with the high water and with getting the seed., and that he has promised to have the work done within 2 weeks. It was noted that the letter received from Gene Ceccarelli requested an extension of time of two weeks to complete the work. Motion To grant an extension of time of two weeks (until July 19, 1978) for the completion of the drainage ditch in the Peters Park subdivision. (Mahana-Grant, all in favor) VOTED 7. Board continued discussion on the earth removal plans for Karl Clemmey. Board reviewed the proposed finished grades with the elevation of the ground water and it was noted that test holes 2, 4, 6, 9 and 10 are not 6 feet above the water table after excavation. Board reivewed the plans along with the new zoning by-law. It was noted that the number of test holes should be revised in the zoning as the one per acre does not specif*cthat they have a test hole on each acre or whither they can be clustered. It was noted that the clause that the excavation shall not be below the street grade will also require a variance. It was also noted that he has not shown the method of disposal of stumps, debris and boulders. Minutes July 5, 1978 Page 4 �,suc� Motion: To deny the earth removal permit for Karl Clemmey for'land on �yZCOM6 South Main Street for the following four reasons: ce,e'j�,\ �47� 1)It does not comply with the portion of the By-law requiring monitoring wells (Section V-G-3-c-4)). 9) 10) 2) The cuts shown in many places such as test holes #2,; 4,6, 9 and 10 are not'`6 feet above the ground water. It was noted that these tests ;were done out of season. (Section V -G -3 -a -2)(d)). 1 3) Plan does not comply to the part of the by-law that no excavation go below the street level. (Section V -G -3-c-1)) 4) No compliance with the provision for the disposal of stumps, debris and boulders. (SectionV-G-3-c-9)) ) (Mangiaratti-Mahana, all in favor) VOTED Board met with Mrs. Margot Jellinek to discuss the Wetland Zoning Provision She noted that the Board had discussed what they want to work on for the next Town Meeting and suggested that each member of the Board review copies of the material which she read to them at the last meeting. She noted that there are seven places in Mansfield that the DPW Director has pinpointed as flooding areas. She noted that you can only rezone these areas. Mrs. Jellinek noted that this zoning was very important to the Town. Planner Grant noted that when they had 'hurricane Carol that the Rumford 1 River went right down Central Street and that when you get'a storm of that size the new zoning isnot going to help it you can't control where the flooding will be. Copies of the three reports from Mrs. Jellinek to be sent to the Board in with the next minutes. F Board discussed the 1978-79 Work Program. Planner Grant suggested that they withold any discussion on this until the Planning ;Director 'returns 'from vacation. it was the consensus of the Board to review the draft (2) of the Community Attitude Survey for the next meeting and for the secretary to put together a work program list for the next meeting. Planner Mahana noted that under section F of the Community Attitude Survey that scenic highways couid be builtwithout the 50 foot wide highway law.' Board reviewed the Performance Bond from the Attleboro Savings Bank for Robert Chavaree for work to be completed on Basin Street from Station 9 + 0 through Station 5 + 51 in the amount of $12,291.00 Motion: To accept Attleboro Savings Bank passbook #136146 in the amount of -- $12291.00 for work that 'remains to be completed on Basin Street from Station 0 + 0 through Station 5 + 51. (Grant-Matoian, all in favor) VOTED 7 Motion: To release lots 14, 20, 21, 22 and 23 within the Riverside Park Subdivision. (Grant-Mangiaratti, all in favor) VOTED : Minutes Juhy 5, 1978 Page 5 11) Mrs. Jellinek came before the Board and questioned if Planner Grant had written to the Attorney General regarding the amendment to piggeries because he has 20 pigs on his premises. Planner Grant noted that he reserved comment. He noted that he only went to the Attorney General because they are trying to eliminate energy expenditures and all the pork is trucked from the West at a much greater expense. He noted that the Attorney General stated that he is a non -conforming use. 12) It was the consensus of the Board to hold the next meeting on Wednesday, July 12, 1978 at 7:30 P.M. 13) Planner Lesuer noted that he would be on vacation next week and would not be able to attend the meeting on the 12th. 1