HomeMy WebLinkAboutPlanning 09/06/1978MANSFIELD PLANNING BOARD
AGENDA
September 6, 1978
1. Call to order (7:30 P.M.)
2. Clerks Report
a: Correspondence
b. Minutes of August 16, 1978
3. Warrant
4. Visitors Agenda
8:00 P.M. Ross Merrow - re. Earth Removal
8.:30 P.M. Paul Dalton.
5. Old Business
a. SRPEDD Report - '1-495 Growth Policy
b. Mass. Federation of Planning Board's Bylaw Revision
c. Bond Estimate - Riverside Park
6. New Business
a. Status of Plans - new submissions
1) John Lyman - Form A - Dean Street - 9/8/78
Christian & Schromm - Form A - Village Road - 9/11/78
3 4f�4wek^ , Mcore _ 111`0rW)Yq-
b. orrespondence
c. Public Discussion
d. Date for next meeting
e. Around the table
7. Adjournment
MANSFIELD PLANNING BOARD
MINUTES
September 6, 1978
Present: Chairman Parsons, Clerk Lesuer €
Planners: Mangiaratti, Matoian, Hartmann, Grant*
Planning Director Maurer
1. Letters were read from the following:
Notice of Capital Improvement Program Committee Meeting
Notice of Downtown Advisory Committee Meeting and minutes from previous
meeting
Notice from Town of Foxborough for public hearings for zoning changes
Minutes of Board of Health of August 29, August 23, and July 24th.
Project Spoke notice of new copying machine
Board of Appeals notice of Public Hearing on the application of
Fred J. Barrows
Summary of Planning Board Accounts
Notice of Public Hearing from Town of Plainville for zoning changes
Mansfield Cooperative Bank to Planning Board regarding securities for
Foxfield Estates
Planning Board to Board of Appeals regarding application of David Freiday.
Planning Board to Building Inspector regarding site plan for Toyota
Planning Board to Robert Chavaree regarding Riverside Park
Planning Board to Town Counsel regarding Riverside Park
Planning Board to Karl Clemmey regarding Site Plan - So. Main Street
Planning Board to Building Inspector regarding Earth Removal, - David White
2. Board discussed the Minutes of August 23, 1978. Planner Mangiaratti noted
6n' -the discussion on the Earth Removal application of David White that the
By-law is very poorly drawn and that under Surplus Material there were two
definitions and this is very ambiguous.
Motion: To approve the Minutes of August 23, 1978 as presented.
(Lesuer-Hartmann, all in favor) VOTED
3. Motion: To approve the warrant of September 12, 1978 in the amount of$98.00
(Mangiaratti-Hartmann, all in favor')` VOTED
Minutes
September 6, 1978
Page 2
4. Planning Director Maurer advised the Board that Ross Merrow would be
coming in before the Board and he is an attorney for the Henley -Lundgren
Corp., the contractors for Route 495. He noted that they have a proposal
where they want to remove material on a 68 acre parcel of land adjacent
to the highway. Mr. Merrow felt that if they removed it from the land
that is commonwealth owned that it would be exempt from the local zoning.
The land in question that they want to remove the material from is land
that the Commonwealth wants to turn over tb+,the Conservation Commission
for the Great Woods Committee, after the highway is completed. He
felt that they should listen to what he has to say and then get an opinion
from Town Counsel. He noted that informally Town Counsel has advised that
it is not exempt from zoning. The argument that will be presented tonight
is that by removing the gravel from adjacent property it will cut down
on the amount of traffic on the road. He noted that they did some test
holes in the area and, in accordance with our regulations they would not
be able to remove much material because the water table is high. (Pl.anner
Grant entered the meeting at this time.)
Planner Mangiaratti noted that the Town may want to Lobby this to prevent
them from stripping the land before giving it to the Town, as it is
proposed for conservation land. Clerk Lesuer noted that he would rather
see it removed from somewhere where it is controlled by the zoning By-law.
Planner Matoian noted that they should comply with the same laws as
everyone else. Planner Mangiaratti noted that someone should exert some
effort within the Town to prevent this from happening at all.
Chairman Parsons questioned if the Henley -Lundgren Company has permission
from the State to seek permits on Commonwealth land. Planner Grant noted
that anyone can seek the permits. Planner Grant noted that a letter was
several weeks ago advising Henley -Lundgren Co. that any earth removal
has to be in conformance with the local by-law$,and that others have been
told that they can't remove until after they have monitoring wells during
the high water season.
5. Board reviewed the Form A Plan for Edward Moore for land on Short Street.
(Planner Mangiaratti left the room and did not participate in any discussion.)
It was noted that the lots were shown on a previous plan, however the lot
line has been relocated. Mr. Moore came before the Board and advised that
the purpose of this was so that he could erect a garage and meet the
sideyard requirement of 25 feet.
Motion: To approve the Form A Plan for Edward Moore for land on
Short Street.
(Grant-Matoian, all in favor) VOTED
Mr. Moore took the linens from the meeting with him.
6. Board met with Ross Merrow, Attorney for Henley Lundgren Co., his assistant
Frank Morgan, and Steve Kelleher and Dale Anderson of the Henley Lundgren
Co. Mr. Merrow noted that he and Mr. Morgan had a preliminary meeting
with the Planning Director and Building Inspector. Mr. Merrow noted that
the By-law is complex and answered the items outlined in the by-law by
letter. He submitted 6 copies of the letter.
Mr. Merrow noted that the plan before the Board is redrawn to the 40 foot
scale to comply with the zoning by-law. He noted in discussion with the
Planning Director and Building Inspector he was made aware of the concerns
of the Great Woods Stu y
Minutes
September 6, 1978
Page 3
Committee. He met with the Great Woods Committee at 7:30 to present
their proposal to them. He noted that they are aware that there is
a Massachusetts Case Law that where a contract for work for the
Commonwealth on Commonwealth Land that they are exempt from the local
zoning. He noted that even though they dont have to comply they felt
they should submit their application under the zoning and ask for
exemptions where reasonable. Noted that they are willing to post bond,
as to do this generally leaves a good impression on Town boards. He
noted that Henley -Lundgren is based in Shrewsbury and they are road builders,
not gravel operators. They just completed an interstate road north of
Worchester and they are also working on other major roads in Massachusetts.
He noted that in the Towns that he has gone into and they knew nothing
hbout the Henley -Lundgren Company he has always said, please call the
Shrewsbury Town Hall for references and in every case has been very
pleased with the response;they are a good company and live up to their work.
Even though they are not required to comply with the by-law, they want
to comply as much as possible.
Mr. Merrow reviewed his letter with the Board and noted the following:
Regarding the estimate of the amount of gravel there is very little gravel
as it is primarily burrow and there is approximately 700 yards of burrow
there. Mr. Merrow noted that his client would like to be digging by
October lst and it is important for them to get into the area soon because
of the fact that they are working in this section of the roadway now.
Under length of operation, with the kind of equipment they have they get
through this type of operation faster than most so we put about 5 months.
Travel Roads- Towns don't want any more trucks on the town troads. The
case referred to in the second paragraph involved a contractor in the
City of Medford where he was taking material by rail from New Hampshire
to Medford. They would have had to truck 1200 trucks a day through the
Town. The figure I received here if we had to truck across town roads
would have been 1500 trucks a day. This wouldhave been a tremendous
traffic burden on the Town.
Daily hours of operation - most of the areas of the by-law are designed
for projects that are going to travel across roads, such as covering, etc.
It is for commercial operations that are not on-site. We are asking for
an exception from the 7:00 a.m. to 3:00 p.m. to 7:00 a.m. to 5:00 p.m.
Survey and Engineering plans, perimeter plans and topographic plans
were submitted. Cross sections taken at 100 foot intervals shown.
Ground Water elevation - took some test pits on August 31st, which are
attached to the better application
Proposed exit and entrance - not applicable and frequency of trucks
will hot be a factor.
Staking limits of excavation and vertical control monument will be done.
45 degree slope - request a waiver and will keep a security officer on the
site.
Commercial operations 50 feet from abutting property and will run a 6 to 1
slope - agreed.
Minutes
September 6, 1978u
page 4
Monitoring Wells - Have a high water table in this area as indicated
from the borings. What we are proposing is to install 4 to 6 wells
during the operation and maximum excavation shall be 2 feet above the
water table during the high water season. Noted that the natural flow
of the water is towards the new highway and when this burrow operation
is completed the flow of water will be still in the same general
direction.
Chairman Parsons questioned if the water level would be 2 feet after
completion of the highway. Mr. Anderson noted that it would be 2 feet
after completion of the highway and ramp B would be completed before
the completion of the burrow, operation.
Siltation - a setimentation pool is shown to preveitsiltation from any
of the burrow:operation in this area.
Mr. Merrow noted that they are starting with a buffer of 100 feet of trees
that will not be disturbed. It will be very difficult to see anything
through the trees because of the density. When you get to the area where
Ramp B is shown, the ramp is below the ground level and you would not be
hble to see anything there. One of the things in discussing this with the
Great Woods Committee I felt it would be advisable for members of their
Committee and this Board to get together with Henley Lundgren Co. and
review the site. Arrangements to be made for this inspection.
Stumps, debris and boulders will be shown on the as built plans.
ti Loam and seeding - mentioned to the Great Woods Committee that if they
felt they would rather have trees instead of grass we would be willing to
do this. We are willing to post bond as required under the zoning by-law.
Mr. Merrow noted that they do not have written approval from the State
DPW at this time but only a verbal okay from the Taunton office on the
concept. They are now going to Boston for approval and his client has
been sending correspondence to the DPW and the correspondence is working
its way through the DPW now. From the taxpayers point of view, it saves
them money because the money saved by doing this will go back into the
general fund. Some alterantives are to buy from an existing commercial
operation in the Town of Mansfield or to buy from a commercial operation
in adjoining towns and felt that this type of a proposal does not offer
the detriment to the Town that the others offer.
Chairman Parsons questioned if this operation would eliminate the need
for gravel being brought in for this section of the road. Mr. Anderson
noted that gravel would have to be brought in but this operation would
take care of all the burrow.
Planner Mangiaratti noted that they were lead to believe that this parcel
of land was promised to the Town. Mr. Merrow noted that Mrs. Flynn of the
Great Woods Committee mentioned that this property was promised to the
Conservation Commission already by the State and he was not aware of this.
He noted that this is an area where the State has advised that we might be
able to use as a b'jrrow- irea.After speaking to Mrs. Flynn I don't think
there is enough information to determine exactly what parcels the State
is giving them.
Minutes
September 6, 1978
Page 5
Planner Mangiaratti noted that any time anyone comes to this Board for
a gravel removal operation they are made to conform carefully. Felt that
this Board does not have the authority to grant waivers to any requirements
of the by-law and using land set aside for conservation purposes to be
used as a gravel operation is a breach of faith to the Town. Mr. Merrow
noted that one of the factors to be considered here is that when this
land is completed i!tris going to be as good for conservation purposes as
it is now. Presented photographs to the Board where Henley -Lundgren has
done other operations. Planner Mangiaratti noted that they are going to
take out the trees. Mr. Merrow noted that this is necessary for the
operation and referred to photographs of before and after in Oxford and
Shrewsbury. He noted that one of the big factors involved is the
integrity of the Henley -Lundgren Company.
Planner Matoian noted that the test pits were done on August 31st and
questioned if they have any earth removal in this area what is going to
happen in the spring when they have a high water table. Mr. Merrow noted
that he took care of that in the wording on the application to protect
against them going below 2 feet above the water table. Mr. Kelleher noted
that on Ramp B there is a 10 to 12 foot cut and also underdrains on each
side of the ramp.
Planner Grant noted that they recently had an application for earth removal
where they requested waivers and they were advised to obtain variances
from the Board of Appeals as the Board can not waive these things and
suggested that this be approached in the same manner. He noted that there
are three points with this application: exceeding 5 acres at one time,
monitoring wells, and 2 feet above the highwater table. He noted that
everyone else has been made to adhere to these requirements. He noted
that the 45 degree slope, a security person is not the answer for such
a large site.
Mr. Merrow noted that there is a court case that exempts the State from
local by-laws and welcomes the Board to refer this to Town Counsel. If
we are expmpt from the by-law this gives you the latitude to review this.
Planner Grant noted that part of the State Contract says that they have
to comply with the local by-law. Mr. Merrow noted that this very point
was decided in the Medford case where they sited specific things between
the State and the contractor and the court decided that if they have to comply
with these things there would be no major roads bud1t. Planner Mangiaratti
noted that they are not prepared to argue the legal aspects of this but
should refer it to Town Counsel.
Chairman Parsons noted that they are pleased that the Company and Mr.
Merrow, in the Company's behalf, have come before the Board tonight if
in fact they realize they don't have to do this, but the Board will have
to check this out. He noted that there is a great deal for the Board
to study, more than they could comprehend in the past hour, and will have
tbereview everything in detail, and will get back to Mr. Merrow soon.
Mr. Merrow noted that he has not filed this with the Town Clerk, and
requested to be able to file this with the Planning Board. Mr. Merrow
requested to be put on the agenda for the next meeting. Planner Mangiaratti
noted that the Board may not have a response from Town Counsel by the
next meeting. Mr. Merrow noted that he made a courtesy call to the Town
Counsel and sited the laws. He noted that it is not difficult to research
once. you get into the cases, and that he would like to continue meeting with
Minutes
September 6, 1978
Page 6
this Board and answer their questions as time goes by. He felt the
more often they discuss it the sooner it will be resolved. Mr. Morgan
noted that if the Town Counsel says you don't have any control over it
wouldn't you like to have some control over it than none.
Planning Director Maurer noted that they met with the Great Woods
Committee and Conservation Commission before this meeting and noted their
concerns with the agreements with the State and questioned if something
was going to be done to clarify the State's status of this. Mr.
Merrow noted that he has not seen anything between the State and the
Conservation Commission. Mr. Andrews of the Great Woods Committee noted
that the State did not say what condition the parcel would be in.
Mr. Merrow noted that if d Town Committee corresponded with the State they
would have better results than if the builders of the road corresponded.
Planning Director Maurer noted that throughout the discussion on the
highway the Great Woods was a very serious issue and felt that the State
gave them the land to make up for some of the problems in the area and
representing the Town we have to look out for the interest of what the
Town wanted. Mr. Merrow noted that from his past egperiences with the
State that they do not agree to do anything with the land until the road
is completed and that other Towns have also received verbal assurances
that they will get land and are satisfied with this.
Fred Rys of the Conservation Gommission noted that they are going to review
this at their meeting on Monday, September 11th and will try to come up
with a request or suggestions that evening. Mr. Andrews noted that the
Great Woods Committee will also be in touch with the State DPW and
environmental agency in Boston.
Mr. Merrow noted that the Building Inspector and Planning Director
discussed the archeological study in the contract and they would be
glad to do that as a provision for their permit.
Arrangements for a site review to be made through the Planning Director.
Mr. Karl Clemmey, a South Main Street resident, came before the Board
and questioned Mr. Merrow if this would open the land up that was taken
by the Stated for the previous owners to seek more money for their property
because they were not paid for the gravel. Mr. Merrow noted that this is
possible, however the value of the land is considered to be the land as
used at the time of the taking.
7. Board discussed the earth removal application of the Henley -Lundgren Co.
Planner Mangiaratti felt that they should seek Town Counsels opinion on
this as they may be setting a presedence. Planner Grant noted that they
can't endorse this if the State is in control because it does not agree
with the Planning Board regulations.
Motion: To send a letter to Town Counsel requesting a decision on
whether this earth removal project is exempt from the
Mansfield Zoning By-law.
(Mangiaratti-Lesuer, all in favor) VOTED
Minutes
September 6, 1978
Page 7
Motion: That in the letter to Town Counsel there be an expression
of the Boards concern that they would like to find something
-in the law that would make it.agruable to the Board that, the
-by-law is applicable to this project. Would like an opinion
to chances in litigation. Also .to send a copy of the
application and a copy of the case cited at this meeting.
(Mangiaratti-Lesuer, all ;in favor) VOTED
8. Board met with Paul Dalton of Cabot, Cabot and Forbes. (Planner
Hartmann left the room and did not participate in any discussion.)
Mr. Dalton noted that they have arranged and scheduled the final
construction and presented a set of paving plans for the industrial
park. He noted that what they had done originally was to install the
black base binder coat and left the top ;coat off. He noted that the
vacant land is shown in white on the plans. He noted that they will
put the top surface on finishing up sometime in,November 'and the object
is to pave now and present themtoTown Meeting in the Spring for
acceptance.- Felt it was important to put through a public throughway
in the park, and noted that the roads, have been through the time period
already as all that is left is the top coat. Noted that there is a
small section of Forbes Boulevard where they will not finish off but
would like accepted and will put up the cash and do the paving in the
Spring after the bridge for 495 is constructed.
Chairman Parsons noted that this same proposal for paving was presented
to the Board a year ago and questioned why they, did not, get it done
earlier. Mr. Dalton noted that the delAy was in the preparation of the
plans and formal contracts and they lost a good; portion of the summer.
Mr. Dalton felt that the utilities and road had withstood the test
as some of the roads have been there for 7 years. Chairman Parsons noted
that the finished coat would be setting through the frost season before
acceptance by the Town. Mr. Dalton noted that the road would be
inspected by the Planning Director and they will make any corrections
or adjustments he advises prior to paving. Planning Director Maurer
noted that there is some levelling that will have to be, corrected and
some rough areas that will have to be fixed. He noted that as far as
a precedence being set by the Board, there has been two instances,
the Walnut Park and Bristol Arms, that they were accepted with funds'
posted for the finishing of small areas. -Planning Director Maurer
noted that a portion of this subdivision was approved prior to the
requirement of the year waiting period and that Oxford, Hampden and
Middlesex Roads come under the new regulations. He noted that in the
bonds that are held there is also the contingency, which will be held for
one year after the work is completed. Planning Director Maurer questioned
their intent on utility stubs. Mr. Dalton noted that stubs would be
provided to each lot. It was noted that thereis,gas within a large
portion of the park, but this is installed within the shoulder and the
developer does not have any control over the ,gas company.
Chairman Parsons requested that this request be submitted, to the Board
in writing, particularly regarding the cash securities for the future
paving of Forbes Boulevard. Planning Director Maurer to prepare the
bond estimate for the paving of the remainder of Forbes Boulesard.
Minutes
September 6, 1978
Page 9
12. Board reviewed the Form A Plan for OahnnLyman for land on Dean Street.
It was noted that a variance has been granted to divide this property
into two lots and the variance is cross-reference on the plan.
Motion: To approve the Form A Plan for John Lyman for land on
Dean Street.
(Matoian-Mangiaratti, all in favor) VOTED
13. Board reviewed the Form A Plan for Christian and Schromm for land on
Coach Road.
Motion: To approve the Form A Plan for Christian and Schromm for land
on Coach Road.
(Matoian-Grant, all in favor) VOTED
14. Board reviewed the Form A Plan for Herbert Levine for land on South
Walnut Street.
Motion: To approve the Form A Plan for Herbert Levine for land on
South Walnut Street.
(Grant-Mangiaratti, all in favor) VOTED
15. Mrs. Jellinek came before the Board and questioned if the persons on her
list submitted for the committee would now have to apply with the
Planning Board. It was noted that they would.
16. Board reviewed the letter of credit from the Mansfield Co-operative
bank in the amount of $6,246.33 for work to be completed within the
Foxfield Estates Subdivision. It was noted that this is an extension
of a letter of credit presently held by the Board.
Motion: To accept the letter of credit from the Mansfield Co-operative
Bank in the amount of $6,246.33 for work to be completed
within the Foxfield estates subdivision.
(Grant -Hartmann, all in favor) VOTED
17. It was the consensus of the Board to hold the next Planning Board meeting
on Wednesday, September 13, 1978 at 7:30 P.M.
18. Planner Matoian noted that Mr. Merrow has requested to be on the agenda
for the next meeting and suggested that he be placed at a later time on
the agenda so that the work can be accomplished by the Board prior to
meeting with them and that if nothing is back from Town Counsel prior
to the meeting that the Planning Director advise Mr. Merrow of this and
that he be placed under plans instead of visitors agenda, if he still
wishes to meet with the Board.
Minutes
September 6, 1978
Page 10
19. Planner Grant noted that the Board is loaded with work and that they
have to go through the entire zoning bylaw before Town Meeting.
Planner Mangiaratti noted that the Board should start having work sessions.
20. Chairman Parsons questioned the results of the Community Attitude Survey.
It was noted that over 500 have been returned and that 3700 were sent out.
21. Planner Mangiaratti noted that the downtown advisory committee would be
meeting Monday, September 11, 1978. Chairman Parsons questioned if there
was a vacancy on the committee. It was noted that Daniel!Durbano would be
resigning as he would be returning to school.
22. Meeting adjourned at 10:30 p.m.
Clerk
lC4'a
Date