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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 oo F'm- 00�v-iA OJ \ CevmoVc�j b:.3C) P W7 /-eacl C' Itmm�Y 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 i! Sle '\iCLgV- Ku k' C1evktrv1c� 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