Loading...
HomeMy WebLinkAboutPlanning 08/02/1978MANSFIELD PLANNING BOARD AGENDA August 2, 1978 1. Call to order (7:38 p.m.) 2. Clerk's Report a. Correspondence b. Minutes of July 19, 1978 3. Warrant 4. Visitors Agenda 8:00 P.M. - Karl Clemmey - re. Surplus Material Permit 5. Old Business 1978-79 Work Program - Wetlands Zoning Brookside Estates - As Built Plans 6. New Business a. Status of Plans - New Submissions 1) Karl Clemmey - Surplus Material - So. Main Street b. Correspondence c. Public Discussion d. Date for Next Meeting e. Around the Table. 7. Adjournment Reminder: Bi -monthly meeting with Board of Selectmen 8/2/78 at 8:00 P.M. MANSFIELD PLANNING BOARD MINUTES August 2, 1978 Present: Planners Mahana, Matoian, Grant, Hartmann Planning Director Maurer 1) Motion: To appoint Planner Grant Acting Chairman. (Mahana-Hartmann, all in favor) VOTED 2) Motion: To elect Planner Matoian Acting Clerk. (Mahana-Hartmann, all in favor) VOTED 3) Meeting called to order at 7:50 P.M. 4) Letters were read from the following: Home Developers to Planning Board regarding release of securities for Rustic Acres Planning Director to Hathaway Patterson regarding Form A Plan Mrs. Ceccarelli to Planning Board regarding drainage ditch for Peters Park David White to Mass. Department of Public Works regarding proposed drainage for Route 495 at School Street Commonwealth of Massachusetts Office of Secretary regarding Historic Preservation Policy Plan Cooperative Extension Service invitation to a Farming Tour Finance Committee to Town Boards and Committees regarding Reserve Fund Town Engineer to Building Inspector regarding drainage for 45 Chauncy Street Board of Health Minutes of June 7th, July 6th, June 21st, July 10th, June 28th, and May 31st. Massachusetts Department of Community Affairs Local Assistance information Senator Brooke Report Cooperative Extension Service Newsletter on clean drinking water Planning Board to Building Inspector regarding site plan application for 45 Chauncy Street Planning Board to Eagan and Turnese regarding Street Acceptance Plans for Brookside Estates Minutes August 2, 1978 Page 2 5) Board met with Karl Clemmey and Engineer James Dunn to discuss the surplus material application for land on South Main Street. Engineer Dunn noted that this is located on the easterly side of South Main Street near the Rumford River. He noted that Mr. Clemmey wished to remove two mounds, which would total 2400 cubic yards. He noted that this would need to be removed in order to facilitate the development of the site, and that the stumps would be disposed of near the property line. The area of the lot is roughly 2 1/2 acres. The existing topography is shown on the plan as a dashed line. Mr. Dunn noted that the two test holes are shown on the plan and were dug on May 12, 1978 to the depth of 12 1/2 feet with no ground water encountered. He noted that the general depth of ground water is 15 feet in this area. Acting Chairman Grant noted that the application states that this is a commercial operation and if this is a commercial operation on the removal of the material then it must be filed as a commercial operation. However, if it isincidental to something else it is surplus material. Board reviewed the memorandum from the Planning Director noting three items that did not meet the Zoning By-law. It was noted that surplus material is incidental to the development of a lot for which a building permit has been issued and within the General Business Zone a siteplan is required prior to the issuance of a building permit. Mr. Clemmey noted that the Board is telling him that no one can remove material within this Town unless they have a building permit to remove surplus material. I go to the Building Inspector and he tells me that I have to have a surplus material permit now you tell me I have to have three more items. He noted that what the Board has done is that anything that is touched within the Town you have to have an engineer for and the only one getting rich is the Engineer. Acting Chairman Grant noted that the Board reviewed the surplus material application where Mr. Clemmey conducts his business and found no quarrel with that, all you have to do is have a building permit. Planner Mahana noted that not too long ago they issued a surplus material permit on Mill Street for Christian and Schromm and that was in conjunction with a building permit. Planning Director Maurer noted that he did not have to have any more engineering done on Mill Street than was required by the Board of Health. Mr. Clemmey noted that he did not think it was the Planning Board's intent to know everybody's business. Planner Hartmann questioned why this was surplus material. Mr. Clemmey noted that it was surplus because what he intends to do with the property he has all that extra material. Planner Hartmann noted that they don't have plans for the development of a project and therefore it is a gravel removal operation for a commercial operation. Acting Chairman Grant noted that the point is if it is surplus material what is it surplus of. He noted that the Board understands the installation of the oil tanks and everything, but there is nothing on paper that says it is surplus material and all the Board is asking is to see a plan to show it is surplus material. Minutes August 2, 1978 Page 3 Mr. Clemmey noted that right now there is about 8,000 yards stored up on South Main Street for I-495 which is surplus material and what the Board is saying ` is that they can't move that material. Acting Chairman Grant noted that it is up to the Building Inspector to decide what is and what isn't and that the Board is here to judge on the merits of this particular request. He noted that all the Board can do is make a recommendation to the Building Inspector and he can do as he believes is right. Mr. Clemmey questioned if he owned 100 acres of land and he stripped the loam how can they stop him from hauling it away. Acting Chairman Grant noted that thdre are regulations to prohibit this. Acting Chairman Grant advised that if they have to act on this right now they can't, all they can do is to make a recommendation. Planner Matoian noted that they can't stop him or give him permission but can only recommend to the Building Inspector. Mr. Clemmey noted that they are in the process of moving his house and questioned if he can move the surplus material around on his own property. Acting Chairman Grant noted that he can move it on his Town property all he wants he just can't take it from one property to another. Mr. Clemmey noted that in 3 to 6 months from now he may want to do something else with the property. Planning Director Maurer noted that he should not have put a bulldozer in there until he knew what he was going to do with the property Mr. Clemmey noted that there are several parcels up in the Cabot, Cabot and Forbes Industrial Park which are removing the excess material. Planning Director Maurer noted that you have to be doing something to the property so that the removal is incidental to something and the removal of the material is not the primary use of the property. Mr. Clemmey noted that he cut the property down to the road level and now he has the excess loam. Engineer Dunn noted that on the question of whether it is a commercial operation or not on the application form that nobody gives the loam away and if they are going to judge on the one word they should have a application form prepared to make this clear. Acting Chairman Grant noted that the word commercial means that it is the primary use of the property, and suggested that they change the application to state that it will not be a commercial operation. Mr. Dunn changed the application. Mr. Clemmey and Engineer Dunn left the meeting. Motion: To recommend to the Building Inspector that the surplus material permit be disapproved. (Mahana-Hartmann, all in favor) VOTED 6) Board discussed the warrant of August 8, 1978 in the amount of $89.53. Acting Chairman Grant questioned if on the $79.00 for printing if Graphic Labs had been approached to keep the business in Town. Planning Director Maurer noted that they had not been because there was a time limit involved He noted that the printing this time cost $79.00 and in 1975 it cost $119.50. Motion: To approve the warrant of August 8, 1978 in the amount of $89.53. (Mahana-Hartmann, all in favor) VOTED Minutes August 2, 1978 Page 4 7) Board discussed the minutes of July 19, 1978. Motion: To hold the minutes until the next meeting because Planner Matoian is the only one present who was at the July 19th meeting. (Mahana-Hartmann, all in favor) VOTED 8) Board discussed the wetlands zoning. It was the consensus of the Board to postpone discussion on this until the next meeting. 9) Board ,'reviewed the street acceptance plans for Brookside Estates. It was noted that the plans were corrected and returned to the Planning Board late this afternoon. Planning Director Maurer advised the Board that the applicant is hoping that if a Special Town Meeting is called in the Fall that this could go before the Town then. He noted that the pooled area has not been taken care of yet but the applicant has noted his intent to do this. Motion: To postpone discussion until the Town Engineer has reviewed the plans. (Mahana-Matoian, all in favor) VOTED 10) Board discussed the memorandum from the Planning Director regarding the loam and seeding on the Peter's Park drainage ditch. Board also reviewed the letter from Mrs. Ceccarelli stating that the work had been completed. Planning Director Maurer noted that the work was done yesterday afternoon and that he checked it after it rained and it now carries the water. Planning Director Maurer suggested that the Board look at this to see if there are any other problems. Acting Chairman Grant and 'Planner Mat6ian felt that if it met with the approval of the Planning Director that they did not feel it was necessary. Planners Hartmann and Mahana felt that they would like to see the ditch before releasing the money. Planning Director Maurer noted that it is a 1.5 to 1 slope and not a 2to 1 slope. He noted that the previous problem was that the water was standing in the ditch before and that on Monday kids had thrown toys and everything into the ditch and tuesday they dug it all out and today they have thrown it all back in. He noted that now that it is finished the Housing Authority will put a fence along the property. Motion: To postpone releasing the funds for Peter's Park until all the members of the Planning Board, either alone or as a group, have had a chance to review it and act on this at the next meeting. (Mahana-Hartmann, all in favor) VOTED 11) Board discussed the request for the release of securities from the Rustic Acres subdivision along with the memorandum prepared by the Planning Director. Planning Director Maurer noted that the binder coat of bituminous concrete on the roadway and had excavated the retention area. It was noted that the retention area has not been loamed and seeded but this is covered under a separate amount. Motion: To release $7,400 from the Letter of Credit with the Mansfield Cooperative Bank for work complete d in Rustic Acres, in accordance with the Planning Directors Memorandum dated August 2, 1978 (Hartmann-Mahana, all in favor) VOTED Minutes July 19, 1978 Page 5 12) Board reviewed the letter from David the drainage from Route 495 on School to contact the State and report back matter as it is a Town easement. White to the State DPW regarding Street. Planning Director Maurer to the Planning Board regarding this 13) Board reviewed the letter from the Planning Director to Hatheway Patterson regarding the Form A Plan. Planning Director Maurer noted that the plan was not properly submitted and is being returned for corrections. 14) Mrs. Jellinek came before the Board and advised them that they have until September lst to make a decision on this or it will have to be picked up by a private party. Acting Chairman Grant questioned if this was really needed with the conservation Commission the way they operate.Mrs. Jellinek noted that this wasneeded as they must stop filling. Planner Hartmann noted that Mrs. Jellinek had referred to 7 places of flooding and questioned if this letter from the DPW Director was obtained. It was noted that there was a letter to the Conservation Commission from the DPW Director and also from the Fire Department. Copies of these letters to be sent to the Board for their review before the meeting. Planner Hartmann noted that they might want to review some of the sites before making a decision on this. 15) It was theconsensus of the Board to hold the next Planning Board meeting on Wednesday, August 9, 1978 at 7:30 P.M. 16) Board adjourned to attend the bi-monthly meeting with the Board of Selectmen. 17) Planning Director Maurer advised the Board that a meeting would be scheduled with SRPEDD and the Selectmen, Planning Board, Conservation Commission, Board of Health and Industrial Development Commission to discuss the contents of the I-495 Growth Policy Report and the Water Quality Study. This meeting is scheduled for August 16th. Planning Director Maurer also noted his concern with statements in the report relative to a trade-off with industrial development between Mansfield and Taunton whereby SRPEDD proposes that Mansfield channel industrial growth for the next 3 year period as a trade-off for their back -off of their opposition to the treatment plant. Planner Hartmann and other members of the Board strongly objected to SRPEDD's position in this matter. 18) Planner Hartmann presented to the Board a copy of the building permit procedure from the Town of Woburn as was discussed at a previous meeting when the Work Program was discussed. 19) Meetina ad.iourned