HomeMy WebLinkAboutplanning 08/23/1978MANSFIELD PLANNING BOARD
AGENDA.'
August 23, 1978
1. Call to order (7:30 P.M.)
2. Clerk's Report
a. Correspondence
b. Minutes of August 16, 1978
3. Warrant
4. Visitors Agenda
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5. Old Business
a. Status of Plans
1) Toyota - Site Plan - Forbes Boulevard
b. SRPEDD Report - I-495 Growth Policy
6. New Business
a. Status of Plans - new submissions
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b. Correspondence
c. Public Discussion
d. Date for next meeting
e. Around the table
7. Adjournment
MANSFIELD PLANNING BOARD
MINUTES
August 23, 1978
Present: Clerk Lesuer
Planners: Hartmann, Mangiaratti, Grant
Planning Director Maurer
1. It was the .consensus of -the Board',to appoint Planner Grant as
Acting Clerk.
2. Letters were read from the following:
Robert Chavaree to Planning Board requesting a bond estimate for
lots 24 and 25 within the Riverside Park Subdivision and procedure
for changing the name of a street.
Bills for Legislative Action from the Growth Policy Statement
SRPEDD Bull Sheet
Board of Appeals notice of Public Hearing on the application of
David Frieday.
Brookline Trust Company to Planning Board extending Letter of Credit
for Maverick Drive.
Planning Board to Edward Stivaletta regarding release of securities for
Elmwood Park
Planning Director to Ballinger Co. regarding site plan for Toyota
Massachusetts Federation of Planning Boards proposed amendments
to by-law.
3. Motion: To approve the Minutes of August 16, 1978 as presented.
(Hartmann-Mangiaratti, all in favor) VOTED
4. Motion: To pay the warrant of August 29, 1978 in the amount of $99.36.
(Mangiaratti-Hartmann, all in favor) VOTED
5. Board reviewed the site plan for Toyota for land on Forbes Boulevard.
It was noted that the Planning Director had met with Mr. Marsh from
Ballinger Co., the engineering firm, and advised of three additional
items that would be needed. Planning Director Maurer sent a confirming
letter to Mr. Marsh for these items. Planner Grant suggested that they
table discussion on the plan until the addit6onal information was submitted.
Planner Mangiaratti noted that there is a time period in which they have
to make a recommendation to the Building Inspector after submission of the
plan. Board reviewed the plan along with the requirements of the Zoning
By-law, section V -.K Site Plan approval.
Minutes
August 23, 1978
Page 2
Motion: To recommend to the Building Inspector that the building permit
` for Toyota on Forbes Boulevard not be issued because the following
information has not been shown on the plan:
a. Outline of buildings within 100 feet (Wells Fargo building)
b. Location of signs
c. Surplus Material statement
d. Location of refuse disposal facilities
(Grant-Mangiaratti, Lesuer in favor, Hartmann present but not
voting) VOTED
6. Board met with David White to review Article 37 of the Annual Town Meeting
(Earth removal provision adopted) in relationship to his project on
School Street. Mr. White noted that he has already dug the brook to meet
phase I of his project and that he would now like to continue the
excavation and take the material across the street to another lot owned by
him as he is interested in b,pying a house from the relocation of route 140
and needs the extra material to fill in for the house lot.
Planning Director Maurer noted that if he is improving the brook there
are standards which would have to be followed. Mr. White noted that it is
not really a brook but just a swail which he dug to prevent the land from
flooding. Planning Director Maurer noted that if the culvert put the
water on his property and he is trying to direct the water off the property,
under the definition of surplus material this could be done because it is
maintenance of the property. Planner Grant noted that the definition for
surplus material is the removal of material in, connection with a.building
permit. Planning Director Maurer noted that if it is over 150 cubit yards
they have to have a plan to show how much is being removed. Planner Grant
noted that if you have a building permit you fall under surplus material,,
if you don't have_a building permit you can't call it surplus material
and this project is just the normal function of the property. Planner
Mangiaratti noted that the first definition in the by-law is not an
exclusive list of surplus material, but the second section with reference
to surplus material is what they should go by as it is expanded and explains
it in alot more detail. Planning Director Maurer noted that the purpose
of surplus material was so that they would have the opportunity to review
these as they ,come in so it is not abused. It was noted that he has not
calculated the amount of material to be removed and only had a plan
showing the eixsting and proposed elevations. Planner Grant noted that
there is no place in the by-law that requires that he has to state how
much surplus material there is. Planner Mangiaratti noted that if they
determine that this is a genuine surplus material application and not
intended for a commercial operation, then it would have to be approved.
Planning Director Maurer noted that if it is approved in this fashion
it does not preclue Mr. White from settling with the Conservation
Commission before work commences.
Minutes
August 23, 1978
Page 3
Acting Chairman Lesuer noted that if it is an existing ditch you cannot
determine how much more is there to be removed. Mr. White noted that
what has been dug has been stockpiled.
Motion: To recommend to the Building Inspector that the permit be
granted to the applicant for the removal of surplus
material in accordance with the plan submitted as it
conforms to Section V -F -1-b.
(Mangiaratti-Grant, all in favor) VOTED
Mr. White noted that he would like to dig the ditch 3 feet deeper.
Planning Director Maurer noted that he should have made this statement
before the Board took action on it. He noted that this is normal
maintenance now and questioned for what purpose would he want to make
it three feet deeper. Mr. White noted that he would have the pitch to
do so as the swamp in the back is 7 or 8 feet lower than the culvert on
School Street. Planning Director Maurer felt that he should have given
the Board the courtesy of knowing what his full intent was before action
was taken. Mr. White noted that he does not known if he can do this
until he gets permission from the selectmen to increase the size of the
pipe crossing School Street. Planner Grant, noted that if -the pipe -is'
enlarged'and then he wants to make the ditch deeper, he has to comeback
to the Board for approval. Planning Director Maurer noted that the point
is the Board approved one thing now he says he might like to do something
else and the whole purpose of planning is to try to envision the whole
project so they are acting on the full scope of the projectand what he is
proposing to do now is for the normal maintenance of the property.
Mr. White noted that he has pictures from 1901 when the parcel across the
street was a cultivated field and when the road was build the invert was
placed 2 feet too high. He noted that it now floods with water 'until it hits
the invert of that pipe, then it flows across the street and creates a low
wetland in another portion of the field. Planning Director Maurer''floted
that that would be a legitimate problem to solve but should have designed
the whole project first. Mr. White noted that the Planning Board requests
different information then the Conservation Commission. The Conservation
Commission asked that he not do the whole project at once. Planner
Mangiaratti questioned what conditions would have to exist before lowering
the ditch another 2 feet. Mr. Whitenoted that he would have to get
permission from the Selectmen to lower the elevation of the culvert another
two feet. He noted that he wants to eliminate the problem that was created
when School Street was built. Planner Mangiaratti questioned if it was
possible to fill the lot and make a buildable lot without the new culvert.
Mr. White noted that this is possible and after filling he may decide he
does not need to enlarge the culvert. Planning Director Maurer noted that
his only objection is the way it was handled as he should have advised the
Board of this before they took action. Planner Mangiaratti noted that the
further deepening would be in the future that he now wants to lower the
brook in accordance with the plans 'he brought in. Planning Director
Maurer noted that they have seen too many plans come in that they don't
give the total package and apologized for being so harsh on Mr. White.
Mr. White apologized for doing things backwards.
Minutes
August 23, 1978
Page 4
7. Board discussed the report on the 1-495 Growth Policy. Planning Director
Maurer noted that the revised copies have not been received.
8. Board met with Karl Clemmey to review the site plan for land on South
Main Street. Planning Director Maurer advised that he and the Town
Engineer had reviewed the plan and marked in red the corrections that
are needed. Mr. Clemmey noted that he is submitting the plan to be
able to remove the excess material and it is submitted as a site plan.
He noted that it has been filed with the Town Clerk. Planning Director
Maurer noted that the following information is required:
1) Name of abutting owners. -i Town of Mansfield to be added to the
abandoned right of way.
Mr. Clemmey noted that he would be willing to add Old South Main Street
Abandoned, other than that he would have to get Town Counsel's opinion
as it has not been researched enought to say if the Town has accepted
it or not. He noted that on the form a plan recorded that it is
labelled as Old South Main Street abandoned.
2) Location of buildings on abutting property within 100 feet.
3) There is no provision shown for the handling of the septic waste on
the plan. Before the Building permit is issued there has to be
septic approval from the Board of Health and facilities for refuse
shown.
4) The proposed use is for the retail storage of gass and the back section
is for the retail sales of automobiles which requires screening from
abutting property, which is not shown.
5) Storm drainage to a 10 year frequency storm, there have been no
calculations submitted. He has proposed 4 leaching basins
Planning Director Maurer noted that when the site plan was submitted for
Mr. Donut, according the the minutes, that the Board required additional
information to be sure that it would handle the 10 year frequency.
He noted that he will also need permission to go across the right of way
with the drainage. Mr. Clemmey noted that they are going to redesign this
so that he will not have to get Town approval or Conservation Approval.
6) Type of fence or shrubs to be shown for screening from abutttng
property.
7) Rim elevations on catchbasins should be shown so they know what to grade
to.
Planning Director Maurer noted that the purpose of site plan approval is to
have certain things designed to specific standards and he can't see why one
j opening has to be substantially larger than the other and that instead of
just erasing one line and moving it up so that it does not come accross the
right of way it should have been redesigned. Planner Grant noted that there
is sufficient room to enter and exit from either opening.
Minutes
August 23, 1978
Page 5
Motion: To send a letter to the applicant, Mr. Karl C1emmey,
listing the above problems as outlined on the corrected
plan by the Planning Director and Town Engineer.
(Mangiaratti-Hartmann, all in favor) VOTED
9. Board reviewed the request from Robert Chavaree to seek information on the
changing of the name of Basin Street within the Riverside Park Subdivision.
Planning Director Maurer noted that the names of the streets in the
Magna Vista Subdivision were changed after the plan approval and it was
done with a document that was recorded.
Motion: To send a letter to Mr. Chavaree advising that there is no
provision in the subdivision regulations for the changing of
street names and that they are consulting with Town Counsel
regarding the requirements of changing the name and would like
the proposed name so that they can take appropriate action.
(Mangiaratti-Hartmann, all in favor) VOTED
Motion: To send a letter to town Counsel requesting information on
the procedure to follow in changing a street name in a
subdivision.
(Mangiaratti-Grant, all in favor) VOTED
10. Board reviewed the Board of Appeals application of David Freiday for a variance
to allow a single family home to be built on a parcel of land located
between 483 and 487 Stearns Avenue with 50.15 ft. frontage. Planning
Director Maurer noted that this variance was issued about 16 months ago
to Ralph Maloon and the building permit was issued, after the year was
up so the variance expired, however the house is under construction.
Motion: To recommend to the Board of Appeals that the variance for
David Freiday begranted.
(Grant`-Mangiaratti-all in favor) VOTED
11. Board discussed the Massachusetts Federation of Planning Boards proposal
for reviewing their By-laws. Copies of proposal to be sent to each
Planning Board Member and the Planning Director to make recommendations
to the Board.
12. Mrs. Jellinek came before the Board and noted that two weeks ago the
Planning Director suggested that they accept the streets within Brookside
estates and that it can go to either a special or annual Town Meeting
Mrs. Jellinek questioned when thestreets were completed. Planning Director
Maurer noted that the work was completed this past summer. Mrs. Jellinek
noted that the lww in the subdivision regulations is that the 10% be held
for 18 months after completion of construction or until the stress are
accepted by the Town. Planning Director Maurer noted that the 18 months
does not apply to this subdivision because it was approved 8 years ago
He noted that the major portionof the streets were completed 4 or 5 years
ago and the top coat of bituminous concrete was put on a year ago, it was
only the sidewalks that were completed this summer.
Minutes
August 23, 1978
Page 6
13. It was the consensus of the Board to hold the next Planning Board
meeting on Wednesday, September 6, 1978 at 7:30 P.M.
14. Planner Grant noted that the Zoning Bylaw is going to have to be
revamped before the next Town Meeting. Planner Mangiaratti felt that
they should have work sessions to revise this.
15. Meeting adjourned at 9:10 P.M.
Clerk
Date