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HomeMy WebLinkAboutPlanning 09/13/1978MANSFIELD PLANNING BOARD AGENDA September 13, 1978 1. Call to order (7:30 P.M.) 2. Clerks Report a. Correspondence b. Minutes of September 6, 1978 3. Warrant 4. Visitors Agenda 8:00 P.M. - Paul Dalton 8:30 P.M. - Ross Merrow 9,'00 PM- Karl Clcvnme�/ 5. Old Business a. SRPEDD - I-495 Growth Policy b. Status of Plans 1) Henley -Lundgren - Earth Removal c. Board of Appeals - application of Fred Barrows 6. New Business C1PPVC6tv6n aF S®fin tYlcRlcrir a. Status of Plans - new submissions b. Correspondence c. Public Discussion d. Date for next meeting e. Around the table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES September 13, 1978 Present: Chairman Parsons, Clerk Lesuer Planners: Grant, Mahana, Mangiaratti, Matoian, Hartmann Planning Director Maurer 1. Letters were read from the following: Board of Appeals application of John McNair Board of Appeals application of Fred Barrows, Jr. Board of Appeals decision on the application of David Freiday - granted Cabot, Cabot and Forbes to Planning Board regarding road acceptance Municipal Building Committee to Planning Board regarding Public Hearing on September 21st regarding new Public Library Mansfield Cooperative Bank to Planning Board regarding letter of credit for Rustic Acres Planning Board press release regarding Wetland Zoning Advisory Committee Memorandum from Town Manager regarding Town Counsel opinions David White to Mass. Department of Public Works regarding drainage on School Street Notice of Public Hearing from the City of Attleboro Planning Board to Town Counsel regarding earth removal project for 495 Town Counsel to Planning Board regarding earth removal project for 495 Chairman Parsons questioned`,, -,the Town Manager's memorandum regarding requests for opinions from the Town Counsel as to who the Board is supposed to addres:sthe letter to Town Counsel to. Planning Director Maurer noted that there was apparently a misunderstanding because the Charter states that the Town Counsel shall directly advise the Boards and originally the Town Manager felt that just a copy of the letter to the Town Manager would be sufficient. However, now he is requesting that you discuss it with the Town Manager prior to sending a letter to the Town Counsel. It was noted that it does not cost the Town extra to get an opinion from the Town Counsel as this is covered under his retainer , and the only additional charge is when it requires court action. Planner Hartmann noted that originally this request to channel these items through the Town Manager was brought on by Boards abuting the right to contact Town Counsel. Planning Director Maurer noted that all the Town Manager is requesting is that a verbal okay by given prior to sending the letter to Town Counsel. Planner Mahana felt that this was a reasonible request and if any problems resulted from this, then they can by-pass the Minutes September 13, 1978 Page 2 l" Town Manager and go directly to the Town Counsel. Planner Grant felt that this request is only to keep the Town Manager abreast of things. Planner Mahana noted that there is a conflict between the Charter and the request of the Board of Selectmen, however the request of the Town Manager to review the matter prior to sending the letter to Town Counsel seems reasonable. Motion: That any request for an opinion from Town Counsel that they have the Planning Dirbctor prepare the letter to Town Counsel, then take ahoopy of the letter to the Town Manager prior to sending the letter. (Mahana-Mangiaratti, all in favor) VOTED Planner Mahana noted that if they have a situation where the Town Manager denies the sending of the letter, then we can pursue the Charter further. Planning Director Maurer noted that back in 1970 everything was channeled through the Selectmen and this is absolutely wrong. The Board noted that when they are held up because it has to go to the Selectmen first that they will then fight thepolicy. 2. Board discussed the minutes of September 6, 1978. Motion: To approve the minutes of September 6, 1978 as presented. (Mangiaratti-Lesuer, all in favor) VOTED 3. Board discussed the warrant of September 19, 1978 in the amount of $121.40 for Miller Blueprint. It was noted that this was for the reduction of the zoning map and the printing of 150 copies. Planner Mahana felt that this was a very high fee for this work. Planning Director Maurer was directed to look for better prices next time. Motion: To approve the warrant of September 19, 1978 in the amount of $121.40. (Grant-Mangiaratti, all in favor) VOTED Board met with Mr. Paul Dalton of Cabot, Cabot and Forbes. (Planner Hartmann left the meeting and did not participate inany discussion.) Mr. Dalton noted that the paving schedule within the Cabot, Cabot and Forbes has been prepared and referred to the Cabot, Cabot and Forbes letter of September 11, 1978 requesting the acceptance of the roads. Planner Mangairatti questioned if there was a problem with not waiting for the one year after completion before acceptance. Chairman Parsons noted that there was no problem because the plan was approved prior to this requirement. Planning Director Maurer noted that the only problem before the Board is that there is a small section of Forbes Boulevard and Plymouth Street that they do not want to pave until after the construction of 495 and that they will put up the cash to cover this. It was noted that no presedence was b eing set as this has been done within the Walnut Park and Elmwood Park subdivision. Planner Mangiaratti questioned if they could accept the pertion of the road that is complete and not the section that they are not paving. Mr. Dalton noted that this is possible, however, they would like to get an accepted throughway in the park. Planner Mahana noted that if it is all accepted as completed that if the trucks came in and broke up the roads that the Town would then have to repair them, but with the posting of this bond he did not feel un''domfortable at all. Minutes September 13, 1978 Page 3 Planner Mangiaratti questioned if after Town Meeting and acceptance by the Town would Cabot, Cabot and Forbes maintain the road until it is completed. Mr. Dalton noted that they would and the money required for the paving would be more than adequate to take care of repairs to the road. Mr. Dalton noted that with the investment that they have made in the park that they are not going to take 1000 feet of road and walk away from it. Planner Mangiaratti noted that they have to protect the interes'tof the Town and that there is no benefit to the Town in taking the road earlier and that it is just an accomodation to Cabot, Cabot and Borbes. Mr. Dalton noted that the roads have withstood the traffic and that they have kept them up and the people using the roads have paid their taxes and his company is not in the road maintaining business. Planner Mangitaratti noted that Mr. Dalton has stated that his company will maintain the unpaved section and questioned what difference it makes if they accept it or not. Mr. Dalton noted that they built the roads to ultimately turn them over to the Town. Clerk Lesuer noted that there is nothing in it for the Town to accept it but on the other hand the road has been there for 6 or 7 years and felt that the Town had a moral obligation. Planning Director Maurer noted that Cabot, Cabot and Forbes can pave the whole thing and then have it go before Town Meeting for acceptance and then when it is dug up during the construction of 495 the Town would have to pay to have it fixed. Planner Grantnoted that it is a cooperative effort between Cabot, Cabot and Forbes and the Town and that the bond estimate prepare d bythe Planning Director in the amount of $24,247.00 is more than enough to take care of the work. Planner Mangiaratti noted that the benefit to the Town then would be that they would not have to repave the road after the construction of 495. Motion: To accept the bond estimate in the amount of $24,247.00 and petition the Selectmen for acceptance at the next Annual Town Meeting, pending submission of the "as built" plans prior to January 15, 1978. (Grant-Matoian, all in favor) VOTED Planning Director Maurer noted that they are presently holding bonds for the paving of all the roads and that when the work is completed they will present the "as built" plans and request the release of the existing bonds and post a new bond in the amount of $24,247.00. It was noted that the Town would continue to hold the 10% securities on all the roads for a period of ones year from completion. Mr. Dalton was requested to submit in writing a letter that they will maintain the unpaved section until the installation of the Top Ooat of bituminous concrete has been tompaited. 5. Chairman Parsons introduced Phillip Tighe to the Planning Board, as a representative of the Mansfield Press. 6. Board met with Ross Merrow to discuss the earth removal project for I-495 by the Henley-Lungren Co. Mr. Merrow presented a letter to the Board from the Mass. D.P.W. District Engineer Joseph Cronin noting his agreement with the concept of the plan. He noted that he discussed the matter with Town Counsel and that he was advised that Town Counsel did not agree with the Marronuchi case and suggested that they go forward with the submittal of the earth removal application as required in the Zoning By-law. Minutes September 13, 1978 Page 4 Mr. Merrow noted that he met with the Board of Selectmen regarding this project and advised them that the trucks would be eliminated on the roads if this project goes into effect. He noted that in talking to the Planning Director that one of the concerns of the Board was the water table as they would be taking out 10 feet of material and the ground water table, is only at about 8 feet. Mr. Dale Anderson noted that most of the water there is perched water and as the cuts are made in the material for the development of the road the water table will drop. He noted that they have agreed to leave the area 2 feet above the water table at the completion of excavation. He advised that the subdrainage system along the road is trenching with stone and this will remove alot of the perched water. Planner Mahana questioned where this water is going to go. Mr. Anderson noted that it would go into the piping system from I-495 and eventually into the river. Planner Hartmann noted that none of this extra water was considered in the original drainage study for I-495. Chairman Parsons noted that it is encumbrantupon the Board to set up a date for the Public Hearing. The decision of the Board will be based upon the material that is before them at the time of the hearing. Mr. Merrow noted that there was one additional matter that was brought up with the Board of Selectmen and that was that in talking to the officials of the Company today if they don't get some borrow material very soon they will have to shut the project down for the winter and it has been said that the Town has been looking for this road for many years and they don't want any delay. He noted that there are not any proposals that are going to make everybody happy, but they are trying to make as many in the Town comfortable as possible. Planning Director Maurer noted that the earliest they could hold a Public Hearing would be October 11th at 8:00 p.m. Planner Grant questioned if an environmental impact study had been done on this. It was noted by Mr. Merrow that they were done for the road but not for this area. Planner Grant noted that it was his understanding that any project of this magnitude would require an environmental impact study. Clerk Lesuer questioned if their intent is that the installation of the drainage will depress the water table in the area of the test pits so that the anticipated water level, after excavation,will be 2 feet below the finished eleavtion of the barrow area. It was noted by Mr. Anderson that this was correct. "Planner Mahana questioned if what they are saying is when the total road system is completed this subsurface drainage will then drain the water out, but until that is completed this area is going to be 2 feet under water. Mr. Anderson noted that this is not the case as the water table varies 3 to 7 feet now and when the road itself and the ramps are constructed those test borings will show the water to be at a lower elevation. Planner Matoian noted that this is a dry period now and questioned what is going to happen to the water table in the spring. Mr. Anderson noted that alot of this is not water table but just trapped water. Public Hearing on this earth removal operation to be scheduled for October 11, 1978 at 8:00 P.M. Minutes September 13, 1978 Page 5 Board reviewed the I-495 Growth Policy Statement prepared by SRPEDD. Planning Director Maurer noted that the major points which he objected to in the first draft have been eleiminated in the revised draft. Board reviewed the report and felt that the following should be eliminated: A -3-a- delete "The total development is likely to be deferred until the necessary sewage treatment facility is in place. Regarding Taunton's Myles Standish Industrial Park, the desirable outcome would be if each industrial park could occupy its own niche in the industrial "ecology", although neither shows signs of planning to specialize. Perhaps they could, especially in an improving economic climate: Mansfield has its managerial and professional personnel from far afield and stands to gain most revenue from capital-intensiug industries; Taunton has its experienced labor pool and welcomes labor-intensive plants." B- BUSINESS DEVELOPMENT - delete references to Town Meeting as the business changes have already been approved by the 1978 Annual Town Meeting. B -3-b delete reference to preserving this vicinity for a basically residential character as this is presumptuous. Planning Director Maurer felt that the Town should make a statement as to what is going there after the highway is completed. F -1-b - Public Transportation - Eliminate reference to Park -and -Ride sine within the Great Woods Area E -1-(c) to be eliminated in its entirety E -1-(b) Extension of sewerage to Foxborough as a whole would be - contingent upon Foxborough's willingness to for the trunnh'line bend Mansfield center. Rest to be deleted. Planner Mahana noted that regarding the bikeway that perhaps I-495 was not the proper place but he would like to see some positive action in establishing the bike trails. 8.Board met with Mr. Karl Clemmey to review the site plan for land on South Main Street. Board reviewed the plan in accordance with the Planning Board's letter of August 14, 1978 noting additional information required. Planner Mahana questioned if the design of the septic system as shown on the plan was all that the Board of Health required. Mr. Clemmey noted that he would have to have plans approved by the Board of Health. Motion: To recommend to the Building Inspector that the permit be granted to Mr. Clemmey for land on So. Main Street, subject to Board of Health approval. (Mangiaratti-Matoian, all in favor) VOTED Planning Director Maurer suggested that they also recommend the approval for the removal of the surplus material. It was noted that this is already shown on the plan to be removed as part of the project and that approval of the plan is showing approval of the removal. MINUTES September 13, 1978 Page 6 Board met with Mr. Karl Clemmey to discuss the proposed earth removal project for his property on South Main Street. Mr. Clemmey noted that a variance had been received for this project to eliminate the monitoring wells, however, the variance has been appealed by Mr. Gray, and now it will have to go to court so he is here to see about getting this approved without the variance. He questioned the procedure seating up a hearing and installing the monitoring wells now. Mr. Clemmey questioned if the Board is going to make him stick to the December to April monitoring period and questioned if they will require more test holes or if they would just go with the monitoring wells. Planning Mangiaratti noted that they will require everything as outlined in the Zoning By-law. Mr. Clemmey noted that the requirement that excavation shall not go below the street level is going to bring his operation back another 150 feet from the street. Board advised Mr. Clemmey that the area would have to be monitored from December to April before the public hearing is held. IO.Board discussed the earth removal project for the Henley -Lundgren Company. Motion: To advertlaeefor the public hearing on October 11, 1978 at 8:00 P.M. on the earth removal project for the Henlby-Lundgren Company. (Grant-Mangiaratti, all in favor) VOTED ll.Board discussed the Board of Appeals application of Fred Barrows to 4 convert an existing two family dwelling located at 56 Draper Avenue into a Multiple Dwellinq Complex consisting of three units. It was noted that this is an allowed use in the Residence B zone, however he is requesting a variance from Sections 2 and 3 of the Multiple dwelling complex provisions of the Zoning by-law.(Planner Mahana left the meeting and did not participate in any discussion.) Planning Director Maurer notedlthat he originally applied for a variance to convert an existing 2 family dwelling to a 3 family dwM ling as a use variance and this was granted, however it was appealed by a neighbor. Now they are trying to get a variance under the Multiple Dwelling Complex density requirements instead of a:use variance. Planner Mangiaratti noted that there is nothing unique about the land that creates a hardship on the variance to not submit the requiredpolans. He noted that he was given a variance and that the abutter felt strongley enough to appeal it that it should be decided by the courts and not up to this Board to recommend for another variance.(Planner Mahana returned) Motion: To recommend that the variance (Mangiaratti-Hartmann, Lesuer, Mahana abstained. not be granted for Fred Barrows. Matoian in favor, Grant opposed) VOTED Planner Grant felt that he was hesitant to go against this because they already recommend to it once as it is an existing building. 12.Board reviewed the Board of Appeals application of John McNair to construct a garage to be attached to his dwelling at 218 Pratt Street with a side yard measurement of two feet, which is non=conforming in a Residence A Zone. Motion: To recommend to the Board of Appeals that the variance for John McNAir not be granted. (Lesuer-Mangiaratti, Hartmann, Matoian, Mahana in favor) VOTED Grant opposed Minutes September 13, 1978 Page 7 13. Board reviewed the letter of Credit from the Mansfield Co-operative Bank for the completion of the work on Rustic Acres in the amount of $39,888.41. It was noted that this is an extension of an existing Letter of Credit. Motion: To accept the letter of Credit from the Mansfield Co-operative Bank in the amount of $39,888.41 for the work which remains to be completed within the Rustic Acres subdivision. (Lesuer-Mangiaratti-Hartmann, Mahana, Matoian, in favor Grant abstained) VOTED 14. Motion: To reconsider the Board of Appeals application of John McNair. (Mangiaratti-Mahana, all in favor) VOTED 15. Motion: To recommend to the Board of Appeals that the variance for John McNair not be granted. (Lesuer-Mangiaratti, Hartmann, Matoian in favor, Mahana and Grant opposed) VOTED 16. Mrs. Jellinek came before the Board regarding the streets being accepted within the Cabot, Cabot and Forbes subdivision. Mrs. Jellinek questioned when the part was bonded that they are proposing not to pave at th s time. Planning Director Maurer noted that the entire development was bonded in sections, and this section was bonded in 1973- Mrs. Jellinek noted that Mr. Dalton had stated that they could finish the entire road and put it up for acceptance and have it get dug up with the road construction,however this can not be done because in 1971 the clause was added to the subdivision regualtions that 18 months after the finishing of the road then the Town shall accept it. She noted that if it is accepted and there is an accident because of the potholes the Town is liable. Planning Director Maurer noted that the subdivision regulations were amended in 1972 and that this section of the road, even though it was approved after the subdivision regulations were amended, the preliminary plans were filed prior to the amendment so they come under the old regulations. He noted that the only roads under the new regulations are Hampden, Suffmlk, Middlesex, Oxford and the section West of 495. He noted that there was no provision for the 18 month waiting period and no provision for the submission of street acceptance plans. Planner Mangiaratti felt that they should review it again prior to the Public Hearing for acceptance. 17. It was the consensus of the Board to hold the next Planning Board meeting on September 20, 1978 at 7:30 P.M. and that this will be a workshop meeting. It was the consensus of the Board to review the zoning by-law at this meeting. Chairman Parsons felt that they should begin this meeting by devoting a portion of the meeting to establishing priorities and scheduling the projects. 18. Planner Mahana noted that the NRT is composing a letter, as well as the Conservation Commission, against this Henley -Lundgren earth removal project 19. Planner Mahana noted that in conjunction with things to be completed he was submitting a guideline on how to purchase land in Carlisle. Minutes September 13, 1978 Page 8 20. Planner Mangiaratti felt that when the press or audience is present that they should stop and make a statement as to what they are reviewing before each project. Planner Mahana felt that they should make this an informal policy. 21. Chairman Parsons questioned when the September meeting of SRPEDD will be held. Planning Director Maurer noted that it is September 27th, the last Wednesday in September. 22. Meeting adjourned. „�..- C erk 4u. Date