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HomeMy WebLinkAboutPlanning 04/27/1977MANSFIELD PLANNING BOARD AGENDA April 27, 1977 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of April 20, 1977 3. Warrant 4. Visitiors Agenda 8:00 P.M. - Attorney Blais regarding Peter's Park . 8:30 P.M. - Margot Jellinek regarding Camel t 115 r'nw -- ab a'rlck�- k; n C c__ 3!l fp/�I rl r N- C, ra.0 n � fee_ 5. Old Business a. Status of Plans 1) Beachwood Estates - Def. Sub. - Short/Ware Street -6/1/77 2) William Lewis - Site Plan - Fruit Street 3) Douglas King - Form A -.East Street - 4) William Bertarelli - Form A - Maple Street/Bird Road 5) Mansfield .Trust - Form A - Hampden Road - 5/6/77 6) Strawberry Meadow - SIGN b. Street Acceptance Plans c. Board of Appeals 1) Fred A. Reed - two family dwelling 2) Patricia Rego - Craftshop 3) Joseph Pfeil - frontage 4) James W. McDowell - restore':three family d. Peter's Park 6. New Business a. Downtown Development b. Correspondence c. Public Discussion d. Date for next meeting e Around the Table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES April 27, 1977 Present: Clerk Tighe Planners: Hartmann, Plourde, Mahana (Planner Lesuer attending SRPEDD Meeting) Planning Director Maurer 1) Motion: To appoint Planner Plourde acting Clerk. (Mahana-Hartmann, all in favor) VOTED 2) Letters were read from the following: Board of Appeals decision on the application of Christopher Matoian - granted Schoffield Brothers to Board of Health regarding Beachwood Estates Robert Chavaree to Planning Board regarding securities for Riverside Park Chairman Parsons to Board of Selectmen regarding Downtown Advisory Committee Chairman Parsons to Industrial Development Committee regarding Downtown Advisory Committee Chairman Parsons to Conservation Commission regarding Downtown Advisory Committee Chairman Parsons to Mansfield Housing Authority regarding Dowtown, Advisory Committee Town Counsel to Planning Board regarding Zoning Amendments Planning Board to Karl Clemmey regarding subdivision off West Street Planning Board to Attorney Ronald Brais regarding Peter's Park subdivision. Planning Board to Charlie Boutas regarding Rustic Acres retention area Planning Board to William O'Malia regarding site plan Planning Board to Building Inspector regarding site plan for Russ Christian Planning Board to Robert Chavaree regarding release of securities for Riverside Park Conservation Commission to Department of Environmental Engineering regarding Scenic Rivers Conservation Commission to Franklyn Allen regarding Beachwood Estates Minutes April 27, 1977 Page 2 Building Inspector to Planning Board regarding Surplus material within the Camelot -at -Mansfield subdivision 3) Motion: To approve the Minutes of April 20, 1977 as presented. (Plourde -Hartmann, all in favor) VOTED 4) Acting Chairman Tighe noted that the Board received an invitation from the League of Women Voters to attend their annual Legislative reception on May 6, 1977 at 8:00 P.M. Any persons wishing to attend to contact the Planning Director 5) Board discussed the Beachwood Estates Subdivision. Board also reviewed the letter from Schoffield Brothers to the Board of Health noting the conditions to be complied with. It was noted that the Board has until June 1, 1977 to take action on this plan. 6) Board endorsed the Street Acceptance Plans for Coach Road, Village,Road and Lantern Lane, which were accepted at the 1977 Annual Town Meeting. 7) Board reviewed the Form A Plan for Douglas King for land on East Street. In the Boards previous review it was noted that the description on the Form A application was inaccurate, the name of the abuttor on the Easton Town Line was not shown, and the wetland areas were not properly shown in accordance with the Wetland Protection Provision. It was noted that these had been added to the plan as requested by the Board. Motion: To endorse the Form A Plan for Douglas King for land on East Street. (Hartmann-Mahana, all in favor) VOTED 8) Motion: To approve the warrant of May 3, 1977 in the amount of $128.21. (Mahana-Hartmann, all in favor) VOTED 9) Board met with Attorney Ronald Brais and his client Gene Ceccarelli to discuss the Peters Park subdivision. Attorney Brais noted that he was aware of a problem with the ditch that was holding matters up and questioned if there was any other matter to be straightened out. Planning Director Maurer noted that there was a problem with the granite curbing_ and that it appeared that a catchbasin is not in the original location as shown on the plan. He noted that this has not been resolved yet and they are awaiting information from the Town Engineer. Attorney Brais noted that in August of 1975 the subdivision plan was approved and the covenant was submitted. The plan showed a drainage ditch through easements which Mr. Ceccarelli acquired. He noted that there was nothing on the plan to show what sloping or seeding would be done to the ditch. He noted that a passbook was placed as a bond and the covenant was released. On March 5, 1976, there was a $2,880 item in the bond estimate for the loam and seeeding, which was his clients first encounter with this as he was not aware it had to be done. He noted that he then met with the Planning Director who pointed out Regulation 685 regarding embankments outside the right of way. Mr. Brais read this regulation and noted that this could not be applied to a drainage ditch as it is for sloping to a roadway. Felt that his client should be releived Minutes April 27, 1977 Page 3 of having to loam and seed the drainage ditch. Acting Chairman Tighe felt that it was only right for the Planning Board to consult Town Counsel. Clifford Pearl, Helen Jackson and Joseph Devlin of the Housing Authority Came before the Board and noted their concern with the condition of the ditch as it stands now. They noted that along the street there is about a 5 foot drop. They noted that it is not a 1.5:1 slope as is shown on the subdivision plan. Acting Chairman Tighe noted that he reviewed the site Friday and that the required sloping is not there. Mr. Pearl noted that the Housing Authority wanted to erect a fence, however the way the slope is pitched it would only fall down. Mr. Devlin noted that the Town piped some water in the ditch from East Street without the Housing Authority knowing and that there is more water than they thought they would get. Attorney Brais noted that this drain is getting surcharged. He noted that this is a private easement acquired by Mr. Ceccarelli and that there has since been drainage inserted by the Town. He noted that they are serving more than the Peter's Park subdivision and that the amount of water is not Mr. Ceccarelli's doing, but the Town's doing. Mr. Brais noted that the surcharging is a separate matter. Planning Director Muarer noted that he looked at the ditch several times during the summer, in the winter and again last Friday. He felt that the problem with the ditch is not from the three catchbasins tied into it by the Town but was from the way that the ditch waspitched. There is standing water that can't drain off. He noted that if it is sloped off near the Gonsalves property and filled in the water will not be standing in there. Mr. Brais questioned if they could sit down with the Board's attorney and discuss this as he is going to file this in court. Mr. Pearl noted that the Housing Authority would also like to sit in on this meeting. Acting Chairman Tighe noted that the procedure of the Planning Board would be to send all the information to Town Counsel and he would reply by letter. Mr. Devlin questioned if it was possible for the Ceccarelli's and the Housing Authority to get together and pipe this instead of leaving a ditch. Motion: To refer the matter to Town Counsel and request him to have contact with Mr. Brais and allow the Housing Authority to sit in on any discussion. (Mahana-Plourde, all in favor) VOTED Helen Jackson noted that in the meantime there -is a ditch full of water and it is only about 15 feet from the playground where the children are playing. It was noted that there is about 1,000 feet of ditch along the Housing Authority property. Board discussed the pipingi,of the ditch and it was noted that it would cost around $5,000 just for the material, as it would require a 24 inch pipe. Minutes April 27, 1977 Page 4 10) Board met with Karl Clemmey and Engineer James Freeman. Mr. Clemmey noted that he refiled his subdivision plans off West Street with the Town Clerk today. Mr. Freeman noted that he complied with the Board's request for the topography on the left and right edge of the road and that it has been put on the road profile. He assured the Board that the cut and fill that affects the Baptiste property, which is less than 100 feet in the turn around area, is more or less negligable. He noted that at station 6 the profile on the left edge of the road along the wall, which separates the Clemmey and Baptiste Property is just a matter of 6 inches of cut, with fill coming up to that and fill going away from that. It was noted that there will be a wall along the Baptiste line. It was noted that the stone wall should be indicated on the layout plan. A new public hearing to be scheduled for this resubmission. Mr. Clemmey took the linens for correction. 11) Board met with Robert Martin of New England Contracting and Engineering, Inc. who noted that they are proposing a new building for New England Drawn Steel. The building is a metal building 40' x 80' with no windows or mechanicals, no plumbing, heating or electricity. It was noted that the site plan was submitted to the Town Clerk, however was not forwarded to the Planning Board. Acting Chairman Tighe noted that they could not take action on this without the complete siteplan. To be put on the agenda for the next meeting. 12) Mrs. Jellinek came before the Board to discuss the Camelot at Mansfield Subdivision. Mrs. Jellinek read the letter from Camelot Trust to the Building Inspector dated March 18, 1977 requesting to remove the surplus material from the roadway and the retention area. Mrs. Jellinek noted that any work done here would require a new wetland hearing and that to remove this material is in violation of theeZoning By-law. Mrs. Jellinek requested the Board to advise the Building Inspector that no gravel can be taken out as there is no covenant:lor passbook for this unless there is a gravel removal permit issued by the Board of Appeals. Mrs. Jellinek also discussed the letters of Credit for the Circle C Estates and noted that they would be expiring soon. Mrs. Jellinek noted that on January 8, 1976 Planning Director Maurer received a letter from Attorney James Doherty stating that lots 6, 7, 8, 27-33 36, 37 and 38 now complied with the on-site sewage disposal permits. After revvewing the Planning Board's file it was noted that the copy of the letter was marked that it was forwarded to the Board of Health. Planning Director Maurer presented a copy of the letter from the Building Inspector and a copy of the orders of conditions from the Conservation Commission for the Camelot -at -Mansfield subdivision. The Board reviewed the existing elevations of the right of way and retention anda and the finshed elevations after the roadways are constructed. Abting�Ghairman Tighe noted that the onlyexceptions for removing gravel without a special permit were for landscaping a lot and for the removal of material necessary on a lot where a building permit has been issued. Minutes April 27, 1977 Page 5 Acting Chairman Tighe felt that the correct procedure to follow would be a special permit from the Board of Appeals. Planning Director Maurer noted that he had talked to the Building Inspector today and he made up a list of restrictions that he would place on this removal, which basically conform to the zoning by-law. Acting Chairman Tighe felt that there was a similarity between this and the proposed subdivision on So. Main Street submitted by Norman Gray and felt that Mr. Gray was advised he needed an earth removal permit and felt this should also. Motion: To send a letter to the Building Inspector that in the Planning Board's opinion the proper procedure to follow for the removal of earthen material within the Camelot - at -Mansfield subdivision is through a special permit by the board of Appeals for earth removal. (Hartmann -Plourde, all in favor)VOTED 13) Engineer Freeman returned the corrected linens for Karl Clemmey's sub- division off West Street. 14) Board signed the definitive subdivision plan for Strawberry Meadow as voted on March 30, 1977. 15) Board discussed the Board of Appeals applications for public hearings along with the letter from Town Counsel noting that the date of the zoning amendment is the date it is voted at Town Meeting, therefore, no use -variances can be granted. 16) Board discussed the Zoning Board of Appeals application for Patricia L. Rego to establish a craft shop in her home in an Agricultural Zone. Motion: To advise the Board of Appeals that the variance not be granted for Patricia L. Rego as the 1977 Special Town Meeting voted to eliminate the granting of Use Variances. (Mahana-Hartmann, all in favor) VOTED 17) Board discussed the Zoning Board of Appeals application for Fred Reed to establish a two family dwelling, which would be non -conforming. Motion: To recommend to the Board of Appeals that the variance not be granted for Fred Reed as the 1977 Special Town Meeting voted to eliminate the granting of Use Variances. (Mahana-Hartmann, all in favor) VOTED 18) Board reviewed the Zoning Board of Appeals application of Joseph Pfeil to create a non -conforming lot due to frontage with an area of 6.31 acres. Motion: To recommend to the Board of Appeals that the variance for Joseph Pfeil be granted with the restriction that only one dwelling can be erected on the 6.31 acre parcel. (Hartmann -Plourde, all in favor)VOTED 19) Board reviewed the Zoning Board of Appeals application for James McDowell of 29 Angell Street to allow the restoration of a three family dwelling after the one year period is up since the fire. Motion: To recommend to the Board of Appeals that the varaance not be granted to James McDowell as the 197 7 Special Town Meeting voted to ejeir�irtatef the ing of use variances.. (Plourde -Har mann, a in avor)(fD MINUTES April 27, 1977 Page 6 20) Planning Director Maurer noted that the Planning Board has to appoint 6 at -large members to the Downtown Advisory Committee and that the Mansfield Press will advertise this for persons wishing to apply. 21) Planning Director Maurer noted that the Industrial Show will run Friday, Saturday, and Sunday, May 6th, 7th and 8th. 22) Board discussed the letter from Robert Chavaree requesting the release of $4,891.25 for the installation of the binder course of pavement on Riverside Drive. Planning Director Maurer noted that this work has been completed in conformance with Town Standards. Motion: To release $4,891.25 from the Attleborough Savings -account K-50191-01 for Robert E. Chavaree for the installation of the binder coat on Riverside Drive within the Riverside Park subdivision. (Mahana-Plourde, all in favor) VOTED 23) Board met with EngineW Ralph Maloon and Charlie Boutas of Hone Developers, Inc.to discuss the Rustic Acres retention area. It was noted that the Conservation Commission had approved the new design. Board to review the plans further at their next meeting. Note to be added to the plan to be recorded that there has been an internal change to the subdivision. This note to be added after the Boards review. 24) Mrs. Jellinek noted that the Boardis supposed to get a list every month of the bonds and covenants that they are holding and noted that they have not been getting them. The secretary noted that the last list was given to the Board in January and there had been no changes, except what was released at the last meeting. 25) Next Planning Board meeting to be held on May 4, 1977 at 7:30 P.M. 26) Planning Director Maurer noted that Chairman Parsons suggested that because there is so much relationship between the conservation Commission, Board of Health and Planning Board that the minutes of the meetings should be exchanged between the three boards. Planning Director Maurer noted that in the past:the Board of Heahth used to forward correspondence regarding subdivisions to the Planning Board and suggested that these be requested again. It was the consensus of the Board to request the Conservation Commission and Board of Health sent the Planning Board copies of correspondence regarding subdivisions and suggest that it might be helpful for the three Boards to exchange minutes. 27) jeeting adjounreg�at 10:10 P.M. er