Loading...
HomeMy WebLinkAboutPlanning 05/12/1976MANSFIELD PLANNING BOARD AGENDA May 12, 1976 1) Call to order (7:30 P.M.) 2) Clerk's Report A. Correspondence b. Minutes of April 28, 1976 e c. Minutes of May 3, 1976 3) Warrant 4) Visitors Agenda 8:00 P.M. Karl Clemmey - Rezoning Route 106* 8:30 P.M. Ernest White - Woodland Park �; r'�r-.�r'.�" .��i�h s'9�%ria — �'ic� ,�re✓ /� 5) Old Business gid a) Status of Plans 1) Woodland Park - Def. Sub. Edgewood Street/Fruit-'St. - 5/11/76 2) Green Acres - Def. Sub - Franklin & Maple Sts - 5/29/76 b) Board of Appeals - Clarence Morse c) Release of Securities for Francis Avenue d) Status of Bonds and approved subdivision plans** &, �'%7�°o; ✓Gra9�ar;>` G7,� �S'"7`ir-�%� ���e-��7`oa-iG �,�`�..�.� 6) New Business a) Bond Estimate - Circle C Estates* b) Public Discussion c) Date for Next Meeting d) Around the Table 7) Adjournment *Material enclosed **Background material attached to agenda STATUS OF BONDS The following lists the securities which the Town is presently holding for various developments, which will expire within the next two (2) months. These are taken from the memorandum dated April 13, 1976. The Board should consider requesting that these dates be extended. Elmwood Park - Erick Road - has 2 letters of credit with the Norfolk Trust Company that expire July 5, 1976. The amount of these are $41,161.12 and $6,689.04 Walnut Park - .Casw.:Drive - letter of credit with the United National Bank which expires on June 1, 1976 in the amount of $5,000. Circle C Estates - Morgan Road - Letter of credit from the City Bank and Trust Company in the amount of $32,220.18, which expires on ✓ June 18, 1976. The subdivision regulations also require that a subdividion plan approved by the Planning Board be valid for two years. The following are approved subdivisions whose time will expire within the next three (3) months. These. were also noted in the memorandum of April 13, 1976. It is suggested that the applicant be notified. Plan # Plan Date Approved/ Expiration Date Status C73-011 Mansfield Trust 3/6/74 3/6/76 ' not started Plymouth St./Lincoln St. Rutland St./Cambridge St./Kent Rd. C73-012 Mansfield Trust 5/1/74 5/1/76 through base Middlesex Rd/Norfolk St. course C74-013 Mansfield Industrial Park 9/25/74 9/25/76 not started Conners Ave. / R73-028 Robert L. Rizzo 5/1/74 5/1/76 ✓ road cleared & gravelled R73-030 Riverside Park 7/31/74 7/31/76- - not started r MANSFIELD PLANNING BOARD MINUTES May 12, 1976 Present: Chairman Dunn Planners: Latham, Tighe, Mahana Planning Director Maurer 1. Meeting called to order at 7:45 P.M. 2. Motion: To appoint Planner Tighe Acting Clerk. (Latham-Mahana, all in favor) VOTED 3. Letters were read from the following: Robert Chavaree to Planning Board regarding Riverside Park subdivision Bernard Martin to Planning Board regarding Green Acres Public Hearing Planning Board to Board of Appeals regarding application of Clifford Turner Planning Board to Board of Appeals regarding application of William Regan Planning Board to Ernest White regarding Woodland Park Planning Board to Richard Murphy regarding Form A Plan - Elm Street Planning Board to Edward Dorsett regarding Form A Plan - Essex Street Board of Appeals notice of Public Hearing on application of Frank Signorello Board of Appeals decision on the application of Steven Goldberg - granted Board of Appeals decision on the application of Richard Lori - Granted Board of Appeals decision on the application of Fred Grosso - granted Board of Appeals decision on the application of Dominic Cimino - Denied Board of Appeals decision on the application of Cyril Bellavance - granted Building Construction Report for the month of April, 1976 Board of Appeals notice of Public Hearing on the application of Clarence Morse. 4. Motion: To accept the minutes of April 28, 1976 as presented. (Mahana-Latham, all in favor) VOTED j Minutes May 12, 1976 Motion: To accept the minutes of May 3, 1976 as presented. (Tighe.-Mahana, all in favor) VOTED Planning Director Maurer noted that Ernest White would be coming before the Board to discuss the proposal on the draft of the drainage easements• The attorney for Mrs. Rogovan has a 3 ,year time limit for construction of the easement. Planning Director Maurer noted that when the request for an extension of time for the Planning Board's consideration of the plan was discussed for Woodland Park he and Mr. White had discussed May 26th as an extension date and the letter was sent incorrectly and requested an extension until May 11th. Unless this is corrected, the time limit has expired for the Planning Board's consideration of Woodland Park. Planning Director Maurer advised the Board that Ralph maloon would be coming before the Board to discuss the drainage calcualtions for the Green Acres subdivision. He noted that an abuttor, Thibault, is having Norwood Engineering review the drainage from the development, however this is not official as of yet. Planning Director Maurer noted that last week the Board of Health asked 4 or 5 different questions about the green Acres subdivision and most of the questions should be answered by the developer. They had questions on the retention area and the affect on the water table on lots that already existed. Ralph Maloon met with the Board of Health last night, however Planning Director Maurer did not know the results of the meeting. It was noted that the expiration date on this subdivision is the 29th of May, and that the Planning Board cannot approve the plan until the Board of Health approves it. 8. Board met with Karl Clemmey to discuss the rezoning ofland on Route 106 from Agricutlure to Business C. Mr. Clemmey noted that he is going to request the Board of Selectmen to have another Special Town Meeting and requestthe Planning Board to hold another Public Hearing. He noted that his petition will read the same as the revised Article at the first Special Town Meeting. Mr. Clemmey noted that he wouldlike to have an opinion on the questions which the Board raised. He noted that regarding the water, there is no way that the Town would ever pay for the water out there because it takes a 2/3's vote at the Annual Town Meeting. He noted that his biggest problem is Chapter 808 of the acts of 1975. In 1978 on June 30th he would not be able to rezone land in the Town of Mansfield without a 2 year waiting period. Planning Director Maurer noted thatChapter 808 is in affect in Mansfield now because an amendment was made to the Zoning By-law at the Town Meeting. It was noted that this is an opinion from Town Counsel. Planner Tighe read the section from Town Counsels' letter with regard to this. Mr. Clemmey felt that this was incorrect. Planning Director Maurer noted that since Mr. Clemmeys petition to rezone was before the Board prior to the adoption of the new Zoning amendment then they could reconsider the article. Planning Board to obtain an opinion from Town Counsel with regard to this. -3 - Minutes May 12, 1976 Planner Tighe noted that the reason for the meeting was to discuss the aspects of the comments from the Planning Board for which this article was recommended for disapproval and felt the Board should review them with Mr. Clemmey. Mr. Clemmey noted that for all the land out there the Town is only collecting around $100, in taxes. He felt that if he was willing to pay for the water and electricity it should be rezoned. He noted that on South Main Street he only owns 4 acres with 50 or 60 foot frontage, so this could not be used for a cardealership. Mr. Clemmey noted that Mitrano Chevrolet is selling and that someone going into a brand new dealership they give them so much time to put up a new shingle, and that they have to be able to show that they can have a new car, used car, and body shop under one roof. Mr. Clemmey stated that if the Board could show him any other logical place to put this then he will buy the land. Planner Tighe noted he had three primary problems. a) The downtown area - he noted that now the Downtown Development Committee is not concerned with this that he no longer is. b) In putting Business C out there he had visions of Route I up in Saugus. He felt that the Planning Board looked bad at the Town Meeting becuase theydid not know what they were going to do with Business C c) At the Public Hearing there were persons concerned about the drainage as it sheds towards East Street. Mr. Clemmey noted that his area only flows towards Easton. Planner Tighe noted that once blacktop and roofs are added that something could happen to the drainage in the area and felt that he would like to have and opinion from a qualified person. Planner Tighe noted that there isn't any place for Business C and questioned if the Board wanted to have Business C and if it is is it going to consist of what is in the zoning by-law now and if so, where is it going to be.put. Mr. Clemmey questioned why the Board can't put more control on Business C. Planner Mahana questioned if there is any law that prohibits spot zoning. It was noted that this is a State and Federal Law. Planner Mahana noted that you can control an area by spot zoning if you just zone 10, 12 or 15 acres at a time. Planner Mahana questioned what would be the anticipated taxes for this area. Planner Latham noted that the taxes have nothing to do with the rezoning and it is a personal question. Mr. Clemmey noted that he pays $5.76 in taxes for 10 acres of land and has a house lot on South Main Street with 30,000 square feet of land that he pays $300 in taxes on. He noted that for 350 acres of land in this area the taxes collected on it come to $89.00. Mr. Clemmey noted that business in Town is going to expand but where are they going to. Planner Latham noted that he felt right along that this should be zoned for business. Chairman Dunn noted that there are some members that felt right along that this should be rezoned and the the biggest question was the drainage and that possibly. the Board could review the site with a geodetic map and this could give the Board a better understanding of the drainage in the area. Chairman Dunn noted that as far as ownership of the property in that area that he did.not know what map to believe. He felt that there was a question by the _qd Minutes May 12, 1976 Board to be resolved regarding the status of Business C in Town. Planning Director Maurer noted that he made comments in a memorandum to the Board but he would like to say them in front of Mr. Clemmey. He noted that he was not in favor of the rezoning of this area along Route 106 as it should be considered in the long range future of the Town for lowA ntensity and have an attractive entrance into Mansfield from Easton. He noted that a highway is not an immediate location for commercialuse and that he was not in favor of business in that area no matter who the petitioner is. However, he noted that if it is going to be the will of the Town Meeting to change it to a business zone, then they should define how it is going to be developed. He noted that the area along Route 106 could change in one year or in 5 to 15 years and that what is now an adequate highway will, in a short period of time, become inadequate. Planning Director Maurer noted that in his memorandum he suggested three steps: a) Make provisions with the owners for easements across the front of their property for the establishment of a service road b) The Town Meeting should take the tax title property and put it in a land bank until the time comes to dispose of it to a proper commercial developer. This money could be used for the establishment of the service road. c) Rezone the property in question Mr. Clemmey questioned who was going to pay for this road to be built. It was noted that it would come out of the land bank. Mr. Clemmey noted that in most instances within the Town when a road is widened that the owners of the property want to be reimbursed for the land that is used for the road. V . Mr. Clemmey requested the Board toschedule a new Public Hearing. Board advised Mr. Clemmey that the Board will schedule the hearing after the petition is filed with the Town Clerk with the required signatures, or if the Board of Selectmen sponsor this article and schedule a Town Meeting. 9. Board met with Ernest White to review the proposed drainage easements for the Woodland Park subdivision. Mr. White advised the Board that Mrs. Ragovans attorney will not go along with his client granting a absolute easement until the work has been done. He noted that there is a clause in the easement "this easement shall terminate on October 1, 1979 if the work has not been completed." He noted that they will not grant a perpetual easement and questioned if an easement of this nature would he satisfactory to the Board and that maybe they could approve the plan conditionally if this easement became perpetual. Mr. White noted that if this work is done it will be a benefit to the Town. He noted that he talked to another' developer, Kelton Potter, who noted that he will be having problems with the drainage from his subdivision, whith starts where Woodland Park ends and goes up to Peter's Park, and that Mr. Potter is willing to cooperate with this. Mr. White noted that they have to go to the Conservation Commission but can not do this until the plan is approved. -5 - minutes May 12,1976 Chairman Dunn noted that the easements that they have received are perpetual easements and are within the boundaries of the subdivision and question if the prupose of the easement is to do the work within the easement. Planning Director Maurer noted that it was for maintenance purposes. Planning Director Maurer noted that upon signing the application for the subdivision Mr.White_has agreed to complete all the required improvements within the subdivision within 2 years after approval of the plan and that if the easement ,is for 3 years the only way this could be worked out is that it would have to be agreed that if the work is not completed within the 2 years that an extension would have to be granted and that if the extension could not be granted for the easement then the plan would have to be reconsidered. Ralph Maloon noted that the Conservation Commission gives you one year for work and one yearfor extension so that the work on the brook would have to be done within 2 years.on the brook. Planning Director Maurer noted that they should have a separate easement agreement with Mrs. Rogovan as opposed to having all three property owners with a time limit for the easement. Mr. White questioned if the draft proposal for the easement as presented to the Board would be acceptable to them once it was signed. Planning Director Maurer suggested having a'note on the plan that the plan is only good until October 1, 1979 unless work in the drainage easement is completed. Mr. White stated that this would be acceptable to him, as he has to provide the drainage for the subdivision. It was suggested that the wording on the easement restriction be so that it will terminate on October 1, 1979 if the work is not completed or a bond has not been posted with the Town to cover the work as proposed. This was acceptable to the Board. 10. Board met with Mrs. Margot Jellineck, who questioned if the open drainage in Circle C 'Estatesis supposed to be piped by the end of 1976. She questioned if the Planning Director promised Mr. Suk that this would be done. Planning Director Maurer advised Mr. Suk that it would be loamed and seeded put not piped. 11. Board met with Ralph Maloon of RIM Engineering to disucss the drainage for the Green Acres Subdivision. Planner Latham questioned if the dikes were just going to be built or if they were going to be figured. Mr. Maloon noted that on the topo plan they are proposing them 6 feet high, there is a calculation of 2 feet of water and they have provided a 12 foot wide top and they have placed a concrete wall for a little extra protection . He noted that this is one way of building a dike. Planning Director Maurer suggested that they show the limits of how far the concrete wall has to go through the dike and be added to the plan and also an inlet headwall to be provided. Planning Director Maurer felt that they should have a private easement between lots 15 and 16 for the easement only services the lot drainage and not street drainage. There should also be a note placed on lot C restricting building in a portion of this lot for 25 feet back to the boundary of the swamp. Chairman Dunn questioned if a new Form A Plan should be filed for the lots that exist as the subdivision plan is inconsistent with the Form A Plan. Mr. Maloon noted that after the approval of the plan then he will bring in a new Form A plan for land court showing the entire area, including the front lots. -6 - Minutes May 12, 1976 Planning Director Maurer questioned what has to be done to comply with the Board of Health requests. Mr. Maloon noted that they are awaiting a written reply from the Board of Health. Board discussed the determining of the soil associations within the Town. Planning Director Maurer suggested that a letter be sent to Home Developers asking for the additional information requested, with one of the points being that they have to have approval of the Board of Health. Chairman Dunn suggested that they wait until Clerk Wellington has had a chance to review the plans. 12. Board reviewed the Form A Plan for Carl Dorsett for land on Essex Street It was noted that all the information requested by the Board had been submitted. Motion: To approve the Form A Plan for Carl Dorsett for land on Essex Street with a note that "no building permit shall be issued for lot 198 without prior approval of the Planning Board. (Latham -Tighe, all in favor) VOTED 13. Planning Director Maurer noted that the Town Meeting had accepted the street acceptance articles that',were petitoned for acceptance and the Planning Board can now sign the plans, then they will be forwarded to the Board of Selectmen for their endorsement. 14. Planner Mahana questioned the meaning of the various soil types. It was noted that there is a book that defines all the various soil types. It was noted that #2 is the worst soils in Mansfield and #1 is the best. 15. Attorney Bradford Johnson came before the Board and noted that the linens for Foxfield Estates was never filed=with the Registry of Deeds and requested the Board to resign theplans, once the space is provided on the linens. Planning Director Maurer noted that they would first have to compare the original plan with the plan requested to be signed and that a note would have to be put on the plan that it is still governed by existing covenants. Mr. Johnson advised that the property cannot be transferred to his children until the Board has signed the plan so it can be filed. The Planning Board advised that he cannot transfer any property until a bond has been posted to cover the construction of the required utilities. 16. Board discussed the Board of Appeals application of Clarence Morse. Planning Director Maurer noted that they plan to divide the lot into 2 non -conforming lots and both lots would be sold. He noted that it is their feeling that it would not derogate from the neighborhood because all of the lots in that area are 75 x 100. Motion: To recommend to the Board of Appeals that the application of Clarence Morse for a variance to divide as ot„into two non -conforming lots be granted. (Mahana-Tighe, all in favor) VOTED -7 - Minutes May 12, 1976 17. Board discussed the request from Ryan, Elliott and Company for the release of the balance of the securities on Francis Avenue in the amount of $27,250. The time period for the one year after construction was up on the 9th of May. Planning Director Maurer advised the Board that adjustments to the drainage ditch had been made as requested by the Board and also adjustments were made to the drainage ditch across conservation property. He noted that along the westerly side of the ditch, on the Owens4lli'nois 'side, there has been some wash out since the last rain and the problem will not go away until Owens- Illinois completes the loam and seeding on their side. Planning Director Maurer felt that Ryan, Elliott and Company had completed their obligation. Chairman Dunn noted that he had reviewed the site after their work was completed and that he felt that it did not appear to be major erosion. Motion: To release the balance of the Mount Washington Cooperative Bank acocunt #15005 to the Mansfield Industrial Park Realty Trust with a balance of $27,250, plus accrued interest. (Latham -Tighe, all in favor) VOTED 18. Board discussed the status of the Letters of Credit and the status of the installation of required improvements in subdivisions. Motion: To advise the applicants of Elmwood Park, Walnut Park, and Circle C Estates that their bonds will be expiring and request and extension of time for these securities. (Latham -Tighe, all in favor,) VOTED It was the consensus of the Board that this should be done as an administrative procedure and not have to come before the Board each time a security is expiring. It was also the consensus of the Board to advise the various developers that the two year time period for the installation of the required improvements in approved subdivisions is close to expiring as an admi°nistrative procedue. Planner Tighe noted that if the administration overlooks these it could be a problem to the Board. He felt that the status of all of the bonds should be send to the Board every other month so that they can be posted of the status of the bonds in case there is an oversight on the administrative part. 19. Board reviewedthe letter from Ernest White requesting the Board of rescind their vote for the extension of time for the Board's consideration of Woodland Park untilMay 11th and grant an extension until May 26, 1976. Motion: To accept the rescinding of the previous vote granting an extension of time for the Planning Board's consideration of the Woodland Park subdivision until May 11 and grant an extension until- + May 26th, 1976 (Tighe -Latham, all in favor) VOTED =8 - Minutes May 12, 1976 20. Board discussed the Board of Appeals application from Frank Signoriello to convert an existing two family dwelling at 41-43 West Street into a three family dwelling. Motion: To recommend to the Board of Appeals that the variance for Frank Signoriello not be granted as it would derogate from the purpose and intent of the zoning by-law. (Tighe-Mahana, all in favor) VOTED 21. Board discussed the memorandum from John Dunn, Chairman of the Growth Policy Committee, and noted that comments must be received prior to June 3, 1976. 22. Board noted that the Town Meeting questioned if the Downtown Development Committee was legal. It was noted that Town Counsel ruled that only a Committee established by Town Meeting vote could ask for funds. However, the Committee is legal as it is a advisory committeeto the Planning Board and Board of Selectmen. 23. Board discussed the request from Robert Chavaree for an extension of time for the completion of the required improvements in the Riverside Park subdivision. Motion: To grant an extension of time for the completion of the required improvements within the Riverside Park subdivision until July 31, 1978. (Latham -Tighe, all in favor) VOTED 24. Board reviewed the bond estimate prepared by the Planning Director for the Work to be completed on Pinto Way within theCircleC Estates subdivision. Planning Director Maurer noted that most of the granite curbing has been installed since the request so the estimate should include the granite curbing. Motion: To send a letter to Circle C Estates presenting a bond estimate for Pinto Way in the amount of $23,310.50 and request an extension of time for the ,securities in the City National Bank letter of Credit #79 for work on Morgan Road witha balance of $32,220.18. (Tighe -Latham, all in favor) VOTED 25. Mrs. Jellinek noted that in defining swamp land there are certain plans that are mentioned by the State that define swamp land so that you can defirp - where they start. She noted that the plans came to the Conser- vation Commission. Chairman Dunn noted that he would rely on the Conservation Commission to make this determination. planning Director Maurer noted that the listing of these plans is contained within the Wetlands Protection Act of the State Law. �s Minutes May 12, 1976 26. Board discussed the date for the next meeting. Planner Tighe noted that he was concerned with items that came before the Town Meeting with a lack of planning for business, in general Business C and noted that the Planning Board is only taking care of regular business and not doing anything with regard to planning. He noted that there is also the business of streets that are unaccepted to be taken care of. Planner Tighe felt that they should not set up a workshop meeting until more members are present. The next planning Board meeting to be held on May 26, 1976. A list of projects for workshop to be sent for the next meeting for the Board's review. 27. Planning Director Maurer noted that on the Green Acres Subdivision plan that the Board should send the developer back a letter addressing some of the points discussed tonight because the time runs out on the 29th of May. He noted that one of the items would be to satisfy the requirements of the Board of Health and to note that if they will not be able to Comply with these requests before the expiration date then an extension of time should be requested. Motion: To send a letter to Home Developers that the Planning Board will require the following additional information: 1) An additional water gate valve to be installed at Station 7 + 0 on Green Acres Drive 2) Show the existing water line Drive off of Franklin Street 2 years ago. location on Green Acres that was installed approximately 3) Add a note on the extension of the water line on Maple Street that this work will be done as part of the Green Acres development 4) Indicate on the plan the location of the fire alarm boxes as follows: Green Acres Drive station 1+15 and 9 + 0 Jennifer Drive - Station 0 + 50 5) Amend the names of the abuttors on Maple Street. There is presently an inconsitency with those shown on the detail plan and those shown on the cover plan. 6) Show the detail for the inflow headwall on Lot A 7) On Lot A show the limits of the concrete wall that will run through the dike 8) On ';Lot C, the swamp area adjacent to Green Acres Drive should be placed in an easement with a permanent restriction that would prevent the developability or filling of that swamp. This is requested because the swamp,.is an intricate part of the drainage area. Minutes May 12, 1976 - 10 - 9) The easements on lot C off of Jennifer Road should be noted that these are private retention areas and that the Town will have no responsibility in their maintenance or up keep. This is requested because these retention areas will not receive storm waters from the existing system. 10) Prepare a plan that will show the wiring diagrams for electric, fire alarm and telephone 11) Show the location of the required granite curbing. 12) On lot A, show the limits of the maximum rise in water elevation during a 25 year storm. This should be shown for the swamp area on Lot C also. 13) Question was raised concerning the legality of lots 12, 13, 15 and 16 being buildable lots in accordance with the Wetland Protection Provision of the Zoning By-law. It is the intent of the Zoning By-law that those lots have a minimum of 25,000 square feet of buildable area prior to the alteration of the wetland. 14) In order that the Planning Board may more fully under- stand the future division of lots B and C, would ,you indicate on a separate plan the concept of the division of this property into individual lots. Conditions requect'ed by the Board of Health to be complied with prior to Planning Board's endorsement. Expiration date of the plan is May 29th.. If you are unable to comply with these requirements prior to the Planning Board's meeting on May 26th, request an extension of time. (Tighe -Latham, all in favor) VOTED 26. Board discussed the 'easements for the Woodland Park subdivision plan. Motion: To advise the applicant for the Woodland Park subdivision that the Planning Board will require the following with respect to the off-site drainage easements: 1) Separate documents be drafted for each easement obtained from the individual owners and that only the easement from Jess Realty Trust contain any description regarding a termination of time. 2) That the easement documents be cross-referenced on the sub- division plan which will be recorded in the Registry of Deeds with specific reference given to the Jess Realty Trust easement, which has a termination date. 3) That the language for the termination date for Jess Realty Trust easement read as follows: - 11 - Minutes May 12, 1976 "This easement shall terminate on October 1, 1979, unless the Planning Board certifies that the work has been completed to their satisfaction, or the Planning Board certifies that they are in receipt of the required securities to guarantee the completion of the required improvements. These certificates shall be recorded with the deeds with the marginal reference to this instrument." (Tighe-Mahana, all in favor) VOTED 27. Planning Director Maurer noted that Casa Drive has been accepted by Town Meeting and that the agreement with the developer is that the acceptance of the street does not relieve the developer of the work to be completed on the drainage easement and the town is holding $5,000 for this work. He advised that the drainage easement was cleaned and sloped but they have never completed the work of the loam andseeding and that there has been much vandalism in the area. Motion: To advise the applicant of the Walnut Park that the Planning Board will require the work to be completed on the drainage easement off of Casa Drive and request and extension of time for the letter of credit being held by the town from the United National Bank in the amount of $5,000. (Tighe -Latham, all in favor) VOTED 28. Board to meet Wednesday, May 19, 1976 at 6:30 P.M. at the Maple Street entrance to the Green Acres Subdivision for a field trip to review this site. 29. Motion: To adjourn (11:05 P.M.) (Tighe-Mahana, all in favor) VOTED ?6