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HomeMy WebLinkAboutPlanning 04/20/1977MANSFIELD PLANNING BOARD AGENDA April 20, 1977 1. Call to order (,7:00 P.M.) 2. Clerks' Report a. Correspondence b. Minutes of April 13, 1977 3. Warrant 4. Nearing with Board of Selectmen on relocation of Route 140 5. Visitors Agenda 8:30 P.M. - Meeting with Conservation Commission and Board of Health re. Beachwood Estates 9:00 P.M. - Charlie Boutas re. Rustic Acres 6. Old Business a. Status of Plans 1) Karl Clemmey - Def. Sub. - West Street - 4/20/77 2) Beachwood Estates - Def. Sub. — Short/Ware Street — 6/1/77 3) William Lewis - Site Plan - Fruit Street 4) Douglas King - Form -A - East Street - 4/27/77 5) Bertha Shepardson - Form A - Willow Street —4/28/77 6) William Bertarelii - Form A - MapleStreet/Bird Road b. Subdivision Amendments - Sign c. 'Board of Appeals 1) Fred A. Reed - two family dwelling 2) Patricia Rego - craft supplies shop ;3) Joseph Pfeil'- frontage " 4) James W. McDowell - restore three famfily d. Peter's Park 7. New Business a. Correspondence b. Public Discussion c. Date for next meeting d. Around the Table 8. Adjournment MANSFIELD PLANNING BOARD MINUTES April 20, 1977 Present: Chairman Parsons, Clerk Tighe Planners: Hartmann, Lesuer, Plourde Planning Director Maurer 1. Letters were read from the following: Bristol Conservation District Newsletter City of Attleborough notice of Public Hearings for Variances Attorney Ronald Brais to Planning Board regarding Peter's Park. Planning Board to Board of Appeals regarding application of Robert Chavaree Planning Board to Board of Appeals regarding application of Nelson Doore. Planning Board to Board of Appeals regarding application of Richard Staples. Planning Board to Franklyn Allen regarding Beachwood Estates Planning Board to Board of Appeals regarding application of Craig Cotton Planning Board to Karl Clemmey regarding subdivision off West Street Robert Chavaree to Planning Board regarding release of securities for sewer lift station in Riverside Park 2. Motion: To approve the Minutes of April 13, 1977 as presented. (Tighe®Lesuer, all in favor VOTED 3. Board reviewed the Form A Plan for Bertha Shepardson for land on Willow Street. Motion: To endorse the Form A Plan for Bertha Shepardson for land on Willow Street. (Tighe -Hartmann, all in favor) VOTED 4. Board reviewed the Form A Plan for Douglas King for land on East Street. Motion: To adjourn for five minutes. (TigheLesuer, all in favor) VOTED 5. Board reconvened to meet with the Board of Selectmen on the required Public Hearing for the relocation of Route 140. Dave Charette, State Highway Expediter, made a presentation to the citizens present. It was Minutes April 20, 1977 Page 2 the request of the citizens involved that a meeting be set up with the Board of Selectmen and State Right of Way Bureau in the future. 6. Board again reviewed the Form A Plan for Douglas King for land on East Street. Motion: Not to endorse the Form A Plan for Douglas King for land on east Street because the property is improperly described on the Form A application, the name of thecabuttor on the Easton Town Line is not shown on the plan, and the area of the wetland was not deliniated. (Tighe -Plourde, all in favor) VOTED 7. Board met with Charlie Boutas of Hone Developers, Inc. to discuss the Rustic Acres Subdivision. It was noted that this plan, as approved by the Planning Board was not satisfactory to the Conservation Commission who.requested that the ditch be eliminated and a retention area put in. It was noted that the proposed retention area is 10 feet deep and will hold about 4 feet of standing water. Planning Director Maurer felt that the amount of water that is going in there that a retention area was not necessary to be this deep. It was noted that the proposed retention area is 230' x 189'. The Conservation Commission Members, Fred Rys, Dave Devnew, Doris Webb, and Stewart Sweet, came before the Planning Board. The Planning Board noted that the retention area would be holding 4 feet of waterthroughout the season and questioned why the Conservation Commission has asked him to go in this manner. Chairman Rys noted that their main concern with the 1,000 feet of path was that it would drain a large portion of the swamp area and that they would prefer to leave that in its natural state. They were also concerned that it may cause flooding downstream. Planning Director Maurer questioned why they had to go 4 feet below the existing grade. Chairman Rys noted that the engineer designed it. The Commission noted that it was not their intention to have standing water. Planning Director Maurer noted that if it is the Commission's intention to require a retention area that it should be designed for just the surface water and nothave a ponding area. He also suggested that a natural retention area be designed instead of cutting down alot of trees, and to utilize the contours of the land to minimize the flow. Planning Board to send a letter to Mr. Boutas and his engineer stating the standards for the retention area and requesting new plans. 8. Board met with the Conservation Commission Members, Fred Rys, Dave Devnew, Doris Webb and Stewart Sweet, along with the Board of Health Members, Karl Clemmey, Paulette Shaw, Sandy Holske, Delores Benson, and Francis Jones, Board of Health Engineer, Jim Dunn of Schofield Brothers, and applicant Franklyn Allen to discuss the Beachwood Estates subdivision. Chairman Clemmey noted that they received a copy of a cease and desist order from the Conservation Commission for work on this porject and that the Board of Health presently has before them 21 applications for perc tests. Mr. Clemmey noted that their engineer and himself reviewed the site and noted ditches that were lowering the water table in the area and that their engineer is of the opinion that the perc tests should be put off for another year as they are dropping the water table. Mr. Minutes April 20, 1977 Page 3 Dunn noted that his main concern is that the plans for development ° do not accurately show all of the ditching that is being put in there to lower the water table. He noted that in order to evaluate it on a soil testing basis we need some kind of a plan as to how the ditches will be put in. He noted that it is his opinion that they can not allow a haphazard arrangement of ditches in there without knowing the full intent of how the area is going to be drained and that they should not take a water table reading at this time. Chairman Rys noted that they received a letter on March 17th from the Board of Health that stated it had been brought to the Board's attention that there is a serious water' -problem and that the Board would like to review all perc tests. This was addressed to Mr. Dunn. On April 3rd the Conservation Commission went out with Mr. John Cook and we decided on April 5th to issue a cease and desist order because they ,determined that there was a violation of Chapter 131, Section 40 as they were altering wetlands without a hearing. He noted that they sent a letter to the Board of Health advising them of the Commission's concern and recommending that no perc tests be taken, as they were in violation of the Wetland Protections by draining the area without a hearing. He noted that they went down again on April 16th to review the dtainage ditches again and took some pitcutres, which show the three distinct drainage ditches. He noted that they also reviewed the vegetation on the site and determined that it was a wet area and felt it was a violation, so they issued the Cease and Desist Order. Chairman Parsons noted that the Planning Board, on March 31st, sent Mr. Allen a letter requesting a number of items, one in particular was that more definitive information was required with regard to the ponding area. He noted that all three boards stand with the same concerns and noted that they would like to hear Mr. Allens response. Mr. Allen advised that all of the trenches that were dug were not to alter the water table as there was no water running in the trenches as of today. He noted that they were just draining surface water as there is bad material in there and it takes quite a while to get rid of the surface water. The ditches are not as deep as they are going to be on the final drawings. He noted that the deepest cut is approximately 47 to 48 inches. He noted that between lots 20 and 21 that there will be just surface run-off out to the open drain that the Planning Board has requested to be put into a pipe. He noted that the part that is marked seasonably wet was marked in January or February where there was about 2 feet of snow on the ground. In this area there is no sign of skunk cabbage on these lots. He noted that it is seasonably wet in the area along the Shell Oil Line. Parcel A is where the retention area is going to be. The water table on February 1st was 4 feet and in some lots they were over 12 feet before they found water. Mr. Dunn noted that if it is the intent to put drainage in to alter the water table that it is senseless to take the tests now. Planning Director Maurer questioned if the Board of Health would go along with approving the plan conditionally until the drainage is installed and then test each lot individually, or would they require them to install the drains and perc before approving. He noted that there is a time limit in which the PlanningBoard must take action and the Conservation Minutes April 20, 1977 Page 4 Commission can not hold a hearing on this until the plan has been approved by the Planning Board. He noted that the Board that has to move first is the Board of Health and the Board to move last is the.Conservation Commission. He noted that the Board of Health could stop the whole process by saying that they don'thave enough information to approve the plan and turn it down and it all ends there. Chairman Rys noted that Mr. Allen went ahead with the work without getting Conservation Commission approval. Clerk Tighe noted that the situation exists and something has to be done to correct it and by law the Board of Health has to take action first. Planning Director Maurer noted that perhaps the Conservation Commission should adopt regulations that no work should begin until after Conservation Commission approval in any subdivision. Mr. Allen noted that he is not concerned with the water table at this time but he would just like to have the soil tests taken and he would just as soon not fill the ditches if he didn't have to. Mr. Dunn noted that the Board of Health would find it difficult to approve a plan that does not show all of the drainage as it is going to be built. Mr. Allen noted that there is a ditch that is a contour line on every lot. It was noted that the Planning Board regulations do require the proposed topography. Mr. Allen noted that his engineer took soil samples on every':4th lot, as agreed by the Board of Health and that the Board of Health has the results of these tests, as they were given to their engineer. Chairman Clemmey noted that if Mr. Allen wants to comply with their engineers requests then he would be willing to approve the plan. Delores Benson felt that they should take it under advisement. Conservation Commission requested Mr. Allen to fill the ditches in that he dug. Mr. Allen questioned if the Board of Health took the tests and looks on it favorably, can the Planning. Board then approve the drawings and then before any work be done have new perc tests taken. Planning Director Maurer noted that he would first have to comply with the conditions of the Planning Board's letter and also show the swailing. 9. Board discussed the site plan application for Russ Christian for land on the corner of Route 140 and Route 106. Planning Director Maurer noted that he had no comments alit complied with the Zoning By-law. Motion: To approve the site plan for Russ Christian for land on the corner of Route 140 and Route 106 and to recommend to the Building Inspector that a building permit be issued. (Tighe -Hartmann, all in favor) VOTED 10. Board met with Bill O'Malia and Jim Pantos to review the site plan for the Mansfield House of Pizza. It was noted that they are 6 parking spaces short of the required one for every 4 seats in a restaurant, however, there is a clause in the zoning by-law that off-street parking is not required on No. Main Street. Planning Director Maurer noted that one of the things that the Downtown Development Committee is interested in is providing access to the Old Colony Railroad right-of-way. Minutes April 20, 1977 Page 5 This;would give additional parking as well. Planning Director Maurer noted that elevations would be needed to insure the proper drainage for the parking lot and they would also need the width of the entrance to the parking lot. Planning Director Maurer noted that they would also like the size of the sidewalk as the Town has agreed to put street trees in this area if the House of Pizza planted shrubs in the parking area. Planning Director Maurer noted that there is additional information needed on this and he would not recommend forwarding a recommendation on this one way or the other to the Building Inspector. Planning Director Maurer noted that the licquor license for this new establishment is contingent upon receiving approval from the Planning Board and Downtown Development Committee and that he did not feel it was ready to be approved. He noted that the Planning Board has 21 days to consider a site plan. Clerk Tighe noted that the Zoning By-laws require the plan be certified by an Registered Engineer or Architect and that there is no stamp and no abuttors shown. It was noted that an engineer should also design the proper drainage. Planning Board to forward comments to Mr. O'Malia for corrections. 11. Board reviewed the definitive subdvision plan for Karl Clemmey for land off West Street. It was noted that he is filling 4 feet high up to the Baptiste property line and that he can not put a sidewalk in the way it is shown. Motion: To disapprove the definitive subdivision plan for Karl Clemmey for land off West Street as the topographical plans are inaccurate. (Tighe -Hartmann, all in favor) VOTED 12. Board signed the amendments to the subdivision regulations, Section IIJ , TTI -C-9, IIT -C -2-r, III -C-11, V -E -1-b, and V-11-1, as voted on April 13, 1977. 13. Board discussed the notices of Public Hearing from the Board of Appeals to be held on May 3, 1977. Motion: To postpone consideration on the Board of Appeals applications until the next Planning Board meeting (Tighe -Plourde, all in favor) VOTED. 14. Board reviewed the letter from Attorney Ronald Brais noting that it is his understanding that the Planning Board meets on Monday evenings and requesting an appointment to meet with them. Motion: To send a letter to Mr. Brais advising him that the Planning Board meets on Wednesday Evenings and that an appointment time has been set up for him for 8:00 P.M. on April 27th to discuss the Peters Park subdivision. (Tighe -Hartmann, all in favor) VOTED Copy of the letter to Attorney Brais to be sent to Mr. Ceccarelli. Minutes April 20, 1977 Page 6 15. Board reviewed the letter from Robert Chavaree for the release of $15,000 for the installation of the sewer lift station in Riverside Park. Planning Director Maurer noted that it has been inspected and approved by the Town Highway Engineer and that he has signed the inspection form. Motion: To release $15,000 from the Attleborough Savings Bank Mortgage Account #4-50191-01 being held for work within the Riverside Park Subdivision. This release is for the work completed on the sewer lift station. (Tighe -Hartmann, all in favor) VOTED 16. Mrs. Margot Jellinek came before the Board and questioned if they had looked into the gravel removal request for Camelot. She noted that Mr. Covich has sold the apartments at Millhaus, his only connection left With the Town, and felt that he should not be allowed to remove the gravel and not construct the development. Planning Director Maurer noted that an application has been made to the Building Inspector for the removal of material from the right of ways and the retention area. He rioted that they have to dig out in some areas up to 7 or 8 feet to get the drainage in the road system to work. He noted that there is a 30,000 square foot area that is going to have to go down 10 feet for the retention area. He noted that there is very little area on the lots that require filling and there is a surplus of material in the project. To be reviewed next week along with the Conservation Commission correspondence. 17. Next Planning Board meeting to be scheduled for April 27, 1977 at 7:30 P.M. 18. Board discussed the appreciation evening for explanner Mulcahy. It was noted that Planner Mahana had wanted to discuss it at this meeting and since he was not present they would wait until the next meeting for discussion. 19. Planning Director Maurer noted that on May 6 and 7th there is an Industrial Show sponsored by the Rotary Club. The Downtown Development Committee will have a booth to show the work that they have done over the past 18 months and noted that volunteers would be needed to assist a few hours in the booth. He advised that he would prepare a sheet for those persons willing to help to 'sign. 20. Planning Director Maurer noted that the Planning Board is going to have to request a transfer from the Finance Committee because of the telephone bill. He noted that there is a balance in the accounts of $150. and that this months bill was $90.00. He noted that aloe of the calls relate to the sewer project. He noted that at the Town Meeting they talked about where they would get the money to record the street acceptance plans which will cost $75.00 to record. Mr. Avery of the Finance Committee has advised that there is account carried forward for the Planning Board called Legal Research for Town Streets and at the end of the fiscal year the Finance Committee is going to recommend that this account be dropped. There is a balance of $80.00 in this account, which should be used for the recording of the street acceptance plans and documents. The bill for this will be in the warrant for the next meeting. Minutes April 20, 1977 Page 7 21. Planning Director Maurer noted that he and Planner Plourde went to a presentation at Harvard on the computer program for the Town and that the class is ready for a Town -wide presentation. it was noted that this presentation is tentatively scheduled for the second Thursday in May, which is May 12, 1977 and that the public would be invited. 22. Meeting adjourned at 11:20 P.M.