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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