HomeMy WebLinkAboutPlanning 05/19/1976MANSFIELD PLANNING BOARD
NOTICE OF FIELD TRIP MEETING
Date: Wednesday, May 19, 1976
Time; 6:30 P.M.
Place: Maple Street entrance to Green Acres Subdivision
MANSFIELD PLANNING BOARD
AGENDA
May 26, 1976
1. Call to order (7:30 P.M.)
2. Committee Organization
a. Election of Chairman
b. Election of Clerk
3, Clerk's Report
a. Correspondence
b. Minutes of May 12, 1976
4. Warrant
5. Visitors Agenda
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6. Old Business
a. Status of Plans
1) Woodland Park - Def. Sub.- Edgewood St./Fruit St. - 5/26/76
2) Green Acres - Def. Sub. - Franklin & Maple Sts. - 5/29/76
3) Foxfield Estates - Def. Sub - re-sign
b. Planning Board Work Program*
c. Preparation of Statement to the Local Growth Policy Committee**
7i New Business
a. Public Discussion
b. Date for Next Meeting
c. Around the Table
8. Adjournment
*Material Enclosed - Date for workshop for detailed discussion of this to be set
at this meeting.
**Draft Statement previously handed out - Planning Board to make a formal comment
for the Puhlir. Hearinn no Mav 77th
MANSFIELD PLANNING BOARD
MINUTES
May 26, 1976
Present: Chairman Dunn, Clerk Tighe
Planners: Wellington, Latham, Mahana
Planning Director Maurer
1. Motion: To elect Planner Dunn Chairman.
(Tighe-Mahana, all in favor) VOTED
Motion: To close nominations for Chairman.
(Latham -Wellington, all in favor) VOTED
2. Motion: To elect Planner Wellington Clerk.
(Tighe-Mahana) Nomination declined by Planner Wellington
Motion: To elect Planner Tighe Clerk.
(Wellington -Latham, all in favor) VOTED
3. Letters were read from the following:
Millhaus Realty to Planning Board regarding Irrevocable Letter of Credit
for Pinto Way and Lot Release for Pinto Way - set aside
Board of Health to Planning Board regarding Green Acres - set aside
Millhaus Realty to Planning Board regarding Letter of Credit #79 with
City Bank and Trust Company - set aside
Ernest White to Planning Board regarding extension of time for Woodland
Park - set aside
Town Counsel to Planning Board regarding Zoning Amendments - set aside
Town Treasurer to Mount Washington Cooperative Bank regarding release of
securities for Mansfield Industrial Park Realty Trust
Planning Board to Millhaus Realty Trust regarding expiration of time for
Letter of Credit
Planning Board to Cabot, Cabot and Forbes regarding expiration of time for
completion of subdivision
Planning Board to Cabot, Cabot and Forbes regarding expiration of time for
completion of subdivision
Planning Board to Ryan, Elliott and Company regarding expiration of time for
r
completion of subdivision
Planning Board to Robert Rizzo regarding expiration of time for completion
of subdivision
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Minutes
May 26, 1976
Planning Board to Elmwood Park regarding expiration of letter of credit
Planning Board to Board of Appeals regarding application of Clarence Morse.
Planning Board to Board of Appeals regarding application of Frank
Signorello.
Planning Board to Home Developers regarding Green Acres subdivision
Planning Board to Casa Realty regarding expiration of letter of credit
Planning Board to Town Counsel regarding zoning amendments
Planning Board to Robert Chavaree regarding extension for completion of
Riverside Park
Planning Board to Ernest White regarding Woodland Park
Planning Board to Ryan, Elliott and Company regarding release of securities
Planning Board to Robert Brunelle regarding Bond Estimate for Pinto Way
Planning Board to Millhaus Realty regarding expiration date of letter of
credit
Board of Appeals application for a variance for Peter Phipps.
4. Board reviewed the Minutes of May 12, 1976. Planner Mahana questioned
item #5 as it shows Planner Dupont making a motion and he was not present
Minutes to be corrected and forwarded to the Board.
Planner Wellington questioned the Minutes of April 28, 1976. He noted that
item #9 had 4 motions made until one was accepted, however the minutes only
showed 3 members in favor and it takes 4 members to pass a vote. Chairman
Dunn's vote to be recorded. It was noted that this appeared also in item
#17. It was further noted that in item #17 it appears that Planner
Latham is voting in favor twice. Clerk Tighe noted that this is because
it shows Planner Mahana seconded the motion and voted against it.
Planner Wellington noted that under item #16 when a time was set for a
meeting before Town Meeting that all the Board members should have been
notified as he was not notified of this meeting.
Motion: To reconsider the approval of the Minutes of April 28, 1976.
(Tighe-Mahana, all in favor) VOTED
Motion: Item #17 of the Minutes of April 28, 1976 be recorded as follows:
"Motion: To recommend favorable action on the rezoning of land
on Route 106
(Latham-Mahana; Latham in favor, Tighe, Mahana, Dupont
and Dunn opposed) NOT VOTED
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Minutes
May 26, 1976
Clerk Tighe questioned if a majority of the Board was necessary for a
vote to pass or if a majority of those present was sufficient. Planning
Director Maurer noted that for the past 6 years they have required 4
members of the Board to pass a vote as it is not the majority of those
present and voting to sign the plan but a majority of the Board is needed
to sign the plan or the Registry of Deeds will not accept the plan. He
noted that it has been the policy of the Board to require the majority
of the Board.
Chairman Dunn's vote to be recorddd on items #17 and q of the minutes
of April 28, 1976
Motion: That the Chairman, at his leasure, go to the secretary and
have is vote recorded on these items (#17 and 9) of the minutes
of April 28, 1976 and have the minutes represented to the
Planning Board for approval.
(Tighe -Latham, all in favor) VOTED
5. Motion: To pay the warrant of May 25, 1976 in the amount of $300.69.
(Wellington-Mahana, all in favor) VOTED
Clerk Tighe questioned the bill for the recording of the plans in the
Registry of Deeds for the street acceptance articles. He noted that
this seems to be a change of financial policy as it seems that the
other accour4S have gone broke. Planning Director Maurer noted that
these plans have to be recorded within 30 days after Town Meeting,
which will be June 10th and that no article could be submitted for the
raisingof the funds to file these plans so the Town Manager had requested
that the funds be taken from the Planning Board Engineering account.
Planner Wellington noted that he would like to get a letter in writing
from the Town Manager that the Planning Board request monies when
preparing their budget for the recording of the plans so that when the
time comes to discuss the budget they will have it in writing. Planner
Wellington congratulated the Planning Director on the small phone bill.
6. Planning Board met with Engineer Ralph Maloon, Attorney Bernard Martin,
and Charlie Boutas.of Home Developers, Inc. to discuss the definitive
subdivision plans for Green Acres. Board reviewed the revised plans
along with the planning Board's letter of May 13, 1976. Planning Director
Maurer noted that the restriction on Lot C should be shown on the plan
that is recorded as the topo plans do not get recorded. Attorney Martin
noted that they could record the Topo linen. Engineer Maloon noted that
this is a land court plan and that they will draw up their own plans.
Attorney Martin noted that if the Planning Board wants to prepare
restrictions that he would have no objection of recording it with the plan.
Chairman Dunn questioned if when they deed lot C if they could put a
restriction in the deed. It was noted that before it is deeded separately
that it will come before the Board as a Form A Plan.
Mr. Martin noted that on any certificate of title that any restrictions
on a main certificate will carry on to all certificates from that one major
certificate and that if any restrictions are on the certificate at land
court that it will carry onto each separate lot, and this will confuse the
title of all the lots.
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Minutes
May 26, 1976
Clerk Tighe questioned if the Board compares the Form A Plan to the
subdivision plan when the separate plans are brought in. It was noted
that this is done so that they will be able to see if the restrictions
are ommited from the Form A Plan. Engineer Maloon noted that they could
file these plans with both the registry of deeds and the land court and
then when the titles are searched through the restriction would be picked
up at the Registry.
Planning Director Maurer felt that the rest6etions should still be shown
on the lot plan so that the plan recorded at the Registry of Deeds would
have the restriction shown on it. Mr. Martin presented the Board with
3 copies of the Covenant.
Planning Director Maurer noted that the Board also requires the compliance
with the Board of Health requirements. Clerk Tighe read the letter from
the Board of Health's engineer. It was noted that the Board of Health was
requesting the detailed location of the leaching field on each lot.
Planning Director Maurer advised the Board that he discussed this with
Mr. Dunn of Schoffield Brothers and he advised that it was not necessary
to show this at this time. Mrs. Benson of the Board of Health noted that
the house lot plans have to come before the Board of Health, which will
show the septic system, prior to the issuance of building hermits. It was
noted that they do not have approval of the Board of Health.
Planning Director Maurer noted that the question has arised during the
field trip of keeping the pipe under Maple Street the same size but
lowering them. Mr. Martin noted that the Planning Board could act in favor
of this plan at this meeting with conditions that approval must be received
from the Board of Health prior to the issuance of building permits. Mrs.
Benson questioned the purpose of this. Mr. Martin noted that they have to
have Planning Board approval before they can go to the Conservation Commission
Chairman Dunn advised that in the past when they did not have approval of the
Board of Health that they have turned the plans down and when it was
resubmitted a new public hearing was required. Mr. Martin noted that the
Board of Health should only say which lots can be built upon, and requested
the Board to approve the plans subject to the compliance of the Board of
Health regulations for building permits on the lots.
Planning Director Maurer felt that there are only a few points that have to
be clarified by the Board of Health and that this should be done first.
Clerk -Tighe noted that Town Counsel has advised that they should not
approve the plans until they have approval of the Board of Health.
7. Board reviewed the letter from Ernest White requesting an extension of
time for the Planning Board's consideration of the Woodland Park subdivision.
Motion: To grant an extension of time for the consideration of the
Woodland Park subdivision until June 23, 1976.
(Latham -Tighe, all in favor) VOTED
8. Board reviewed the linew'for:the Foxfield Estates subdivision. It was
noted that the linens were the same as signed by the Board on December
30, 1974.
Motion: To resign the definitive subdivision plans for Foxfield Estates.
(Latham -Wellington, all in favor) VOTED
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Minutes
May 26, 1976
9. Attorney Martin came before the Board and presented a letter to the Board
requesting an•extension of time for the Planning Board's consideration of
the green acres subdivision. Planning Director Maurer noted that there
are some points in Schoffield Brothers letter that overlap the Planning
Board's regulations and felt that they should notify the Board of Health
of these items, such as the bonding, which the Board of Health has no
control over.
Mr. Martin questioned if the Board would have any objection to a document
being recorded with the restrictions of building as noted on the plan if
the Land Court will not record the restrictions on the lot plan and it
will be cross referenced to the plan.
Motion: To grant an extension of time for the Planning Board's con-
sideration of the Green Acres subdivision plan until June 12,
1976.
(Latham -Wellington, all in favor) VOTED
Letter to be sent to the Board of Health to point out the items that
were discussed at the meeting.
10. Board discussed the work program memorandum presented by the Planning
Director. It was noted that a meeting was to be set up for detailed
disucssion of this. Board to discuss the unaccepted streets at the
next planning Board meeting.
Planner Wellington noted that the requirements for oiled streets should
be under a separate section and not under paving. He noted that the
hydrants should be every 500 feet and not 300 feet. Board to meet
on June Z, 1976 to discuss this at a workshop meeting.
11. Board discussed the statement prepared by the Local Growth Policy Committee.
Board had no objections on the statement as prepared.
12. Board discussed the lot release for Circle C Estates for lots on Pinto
Way. Clerk Tighe noted that the Letter of Credit involves Miilhaus Realty
Trust and the release is from Waldor Realty Corp. Planner Mahana felt
that it should be certified that it actually did come from the bank.
Clerk Tighe noted that it is a legal document and involves a large sum: of
money and felt that it should be reviewed by Town Counsel. It was the
consensus of the Board to send a copy of the Letter of Credit and Release
Form to Town Counsel to be reviewed.
13. Board reviewed the letter from Circle C Estates requesting that a new
letter of credit be issued for work to be completed on Morgan Road on
June 9, 1976.
Motion: To advise Circle C Estates that the Board will accept a new
letter of Credit on June 9, 1976 based on the amount of work
to be completed, plus the 10% contingency of $7,888.98.
(Wellington -Latham, all in favor) VOTED
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Minutes
May 26, 1976
14. Board reviewed the letter from Town Counsel regarding the zoning
petitions at the Special Town Meeting and the effectiveness of
Chapter 808. Planner Latham felt that at a workshop session they
should have Town Counsel come before the Board to discuss some of
the points in Chapter 808
15. Board reviewed the Board of Appeals application of Michael Phipps
to construct a dwelling containing a 3 room apartment to be used for
"Parents Quarters" in addition to the main dwelling space.
Motion: To recommend to the Board of Appeals that the variance not
be granted as the whole block is single family dwellings and
it would derogate from the neighborhood. It should also be
noted that the applicant does not own the property and
therefore no hardship can be demonstrated.
(Wellington -Latham, all in favor) VOTED
16. Board reviewed the bond estimate for Riverside Park prepared by the
Planning Director. Planner Wellington questioned the amount of the
paving on page 3 for Union Street Extension. Planning Director Maurer
noted that this is because he had agredd to pave the existing Union
Street Extension. Planner Wellington felt that this should have been
noted in the estimate. Planning Director Maurer noted that Mr.
Chavaree did not want the bond estimate to include the pavement of
the existing street. Planner Wellington felt that he did not have
to bond the blacktop on the existing street if it is in writing as
it is outside of the subdivision. Bond estimate to be adjusted for
the next regular Planning Board meeting.
17. Mrs. Jellinek noted that she was at the Board of Health meeting and
advised them that the meeting was not legal as it was not posted.
Mrs. Jellinek questioned if Clerk Tighe reqeived a copy of the Open
Meeting Law when he was sworn in. He noted that he did.
18. Next Planning Board Meeting to be a Workshop meeting on June 2, 1976 at
7:30 P.M.
19. Planner Mahana noted that a handout had been around for the restoration
of old buildings and questioned if the Downtown Development Committee
was aware of it. Planning Director Maurer noted that they were.
20. Meeting adjourned at 9:55 P.M.
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