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HomeMy WebLinkAboutPlanning 07/21/1976MANSFIELD PLANNING BOARD AGENDA July 21, 1976 1) Call to order (7;30 P.M.) 2) Clerk's Report a. Correspondence b. Minutes of July 14, 1976 3) Warrant 4) Visitors Agenda 5) Old Business a) Status of Plans 1. Circle C Realty Trust - Form A - Branch Street - b) Bond Estimate Riverside Park c) Subdivision Regulations - Unaccepted Streets d) Cluster Development e) Zoning Board of Appeals 1. John T. Cunningham 2. Louis Tarsa 3. Alfred Turinese 4. Richard G. Craffey 5. Ida Dorothy 6) New Business a) Public Discussion b) Date for next meeting c) Around the Table 7) Adjournment MANSFIELD PLANNING BOARD MINUTES July 21, 1976 Present: Chairman Dunn, Clerk Tighe Planners: Mahana, Mulcahy Planning Director Maurer 1. Letters were read from the following: Planning Board to Ernest L. White, Jr. regarding Woodland Park Planning Board to Robert Chavaree regarding Riverside Park. Planning Board to Circle C Realty Trust regarding Form A on Branch Street Zoning Board of Appeals notice of Public Hearing for John T. Cunningham Zoning Board of Appeals notice of Public Hearing for Louis Tarsa Zoning Board of Appeals notice of Public Hearing for Alfred Turinese Zoning Board of Appeals notice of Public Hearing for Richard G. Craffey Zoning Board of Appeals notice of Public Hearing for Ida Dorothy Open Letter to the Planning Board from Mrs. Jellinek regarding Nelson's Gravel Pit Mrs's Jellinek to Planning Board regarding Letters of Credit for Millhaus Realty Trust. Department of Community Affairs regarding availablity of Local Planning Assistance. 2. Motion: To approve the Minutes of July 14, 1976 as presented. (Mahana-Mulcahy, all in favor) VOTED 3. Board discussed the warrant in the amount of $40.00 for the Massachusetts Federation of Planning Boards. Planning Director Maurer noted that Planner Parsons had questioned this bill and felt that it should be discussed when Planner Parsons returned from vacation. 4. Board reviewed the Form A Plan for Circle C Realty Trust for land on Branch Street. It was noted that the point of tangency and dimensional requirements requested by the Board had been added to the roadway easements. i Motion: To approve the Form A Plan for Circle C Realty Trust for land on Branch Street. (Tighe -Mulcahy, all in favor) VOTED -2 - Minutes July 21, 1976 5. Board reviewed the Form A Plan for Frank Allen for land on Short Street. Motion: To approve the Form A Plan for Frank Allen for land on Short Street. at the corner of Ware Street. (Tighe -Mulcahy, all in favor) VOTED 6. Board discussed the open letter from Mrs. Jellinek regarding the gravel pit for Carl Nelson. Planning Director Maurer noted that this gravel pit was in existance prior to zoning and that it was registered as a gravel pit in 1964 as required by the Zoning By-law and that the gravel quota was being removed annually to keep the pit in operation under the grandfather clause. 7. Board discussed the Bond Estimate for Riverside Park. Board also reviewed the memorandum prepared by the Planning Director comparing the present bond estimates with Chapter 90 State estimates and the 1976 Means Estimating Manual. Planning Director Maurer recommended that the Board use the Means figures to put them on a recognized base and that it can be referred to when it is questioned. He noted that the problem with using the State figures is that in some instances they are very small quantities and the estimates become distorted. Planner Tighe felt that it did not matter what base they used as long as they are not pulling figures out of the air and are on a recognized standard. Planner Mulcahy noted that alot of the contractors use the Dodge Estimates. Planning Director Maurer noted that Mr. Chavaree also questioned if he was going to have to put up a contingency on the value of the entire project or just on what remained to be completed as that was all the Board was requiring at the time of approval of his plan. Chairman Dunn felt that it should be under the requirement of the Board at the time he comes to post his bond and not when the plan was approved. Motion: To accept the Means Estimating Manual figures for all future bond estimates. (Mahana-Tighe-all in favor) VOTED 8. Board discussed the amendment to the subdivision regulations for Unaccepted Streets. Chairman Dunn noted that the areas questioned at the Puhlic Hearing were the widthofthe street and the turn around area. Clerk<:Tighe noted that he felt the width as presented was acceptable. The Board was in agreement with this. It was the consensus of the Board that the permanent turn around should be left basic and reviewed on a case by case basis. It was noted that the only changes to be made are as noted in the Minutes of June 16, 1976, Item #4. These corrections to be made and presented to the Board for approval. 9. Board discussed the Cluster Development Provision. It was noted that in a conventional development you can have a density of one lot per acre ( for an esample) and in the Cluster Development you have the same density with the lot sizes reduced and the land left over is used for common open space. The benefit to the developer is that his utilitie costs are reduced and the benefits to the Town is that the maintenance of utilities are reduced and the Town also gets the open space. -3 - Minutes July 21, 1976 Planning Director Maurer noted that the provisions sent to the Board was the first proposal and that a second proposal was made and this will be sent to the Board. It was noted that this would be an amendment to the Zoning By-law and would have to be passed by the Town Meeting. Planner Mulcahy felt that he would like to see more information on Cluster Development as he was concerned with the privacy factor for the potential owners. 10. Board reviewed the Zoning Board of Appeals application of John T. Cunningham. Planning Director Maurer noted that this application is going to be withdrawn because there is a provision in the zoning by-law which makes the 19 foot sideyard acceptable. Motion: To recommend tbathe Board of Appeals that the variance for John T. Cunningham be approved as the 19 foot sideyard is legal in accordance with Section IV -A-6 of the Zoning By-law. (Tighe -Mulcahy, all in favor) VOTED 11. Board reviewed the Zoning Board of Appeals application of Louis Tarsa to establish a business use in a residential zone on Chauncy Street. Planning Director Maurer noted that in 1969 and 1971 that this had gone before Town Meeting for rezoning but had not been passed. It was noted that the expansion of the business zone in this area was recommended in the Comprehensive Planning Program. Motion: To recommend to the Board of Appeals that the variance for Louis Tarsa not be granted because a change in use should be determined by Town Meeting and the applicant should be requested to go before Town Meeting for a rezoning change. (Tighe -Mulcahy, all in favor) VOTED 12. Board reviewed the Zoning Board of Appeals application of Alfred Turinese to divide a parcel of land into two non -conforming lots on Webster Street. Planning Director Maurer noted that the present owner was aware of the circumstances prior to the purchase of the property. Motion: To recommend to the Board of Appeals that the variance for Alfred Turinese not be granted. (Tighe -Mulcahy, Dunn in favor, Mahana opposed) NOT VOTED Planner Mahana felt that they should not be concerned with the owner of the land only on the land itself if there is a hardship on the land. Motion: To Recommend to the Board of Appeals Alfred Turinese be granted. (Mahana - Motion lost for want of a that the variance for second) -4 - Minutes July 21, 1976 13, Clerk Tighe noted that in the past several months it has been difficult getting a quorum and that the Board has not been able to act because they need 4 votes, which seems to stem from the fact that a plan for the Registry of Deeds has to have 4 names and in cases like that there should be 4 names, but in other Planning Board instances they are tying themselves up in knots by having to have the majority of the Board instead of the majority of those present. Clerk Dunn noted that even on a plan, if he was not in favor of the plan but the majority of those present were, he would be willing to sign the plan. Clerk Tighe felt that this should be discussed at some future meeting to make the operation of the Planning Board more efficient and requested the Board members to consider anything they may have to help in the operation of the Planning Board. 14. Board reviewed the Zoning Board of Appeals application of Richard Craffey. Motion: To recommendthat the variance be granted for Richard Craffey. (Mulcahy - Motion lost for want of a second) Motion: To recommend to the Board of Appeals that the variance for Richard Craffey not be granted. (Tighe-Mahana, Dunn in favor, Mulcahy opposed) NOT VOTED 15. Board reviewed the Zoning Board of Appeals application for Ida Dorothy to erect a trailor on a parcel of land. Motion: To recommend to the Board of Appeals that the variance for Ida Dorothy not be granted. (Mahana-Mulcahy, all in favor) VOTED 16. Board discussed the open letter from Mrs. Jellinek regarding the gravel pit for Carl Nelson. It was the consensus of the Board to ask the Building Inspector to clarify his position on this matter. 17. Board discussed the letter from Mrs. Jellinek regarding the letters of credit for Millhaus Realty Trust. Board reviewed the letters from Town Counsel and the letter from the Banks attorney regarding the letters of Credit. Planning Director Maurer noted that there is a possibility that Mr. Potter is buying individual lots and that Millhaus could still obtain the rights in the roads. If Mr. Potter is buying the entire subdivision, then it should be checked into as to the status of securities. Chairman Dunn noted that even if the new owner does not complete the betterments the bank is responsible to the Town until the expiration date on the Irrevocable Letter of Credit. Clerk Tighe suggested that the Planning Director check to see if a deed has been recorded for the transfer of the entire development. Planner Mulcahy noted that under the release form that is filed with the Registry of Deeds if anyone has purchased the property that the Letter of Credit will run with the new owner as it is stated in the release form. Planning Director Maurer to check the ownership of the subdivision with the Registry of Deeds. -5 - Minutes July 21, 1976 18.Mrs. Jellinek noted that there is water standing on Maverick Road and Morgan Road. She noted that Mr. Potter did buy the entire project and not just 3 lots as all of Millhaus equipment is moved out and Mr. Potters equipment has moved in. 19. Planning Director Maurer noted that there was a subdivision plan for Carl Nelson, which was turned down by the Board. It was noted that the linens for these plans arelost'and the Planning Director does not know if they are lost within the Town Hall or if the owner lost them. Mr. Nelson feels that the Town should replace them. Clerk Tighe felt that it was up to Mr. Nelson to take the necessary legal steps if he feels that the Town lost them. Chairman Dunn felt that the owner had taken the plans back with him for corrections. 20. Chairman Dunn asked if the present Board would be interested in updating some of the Town maps. Planner Mahana noted that he was. 21. It was the consensus of the Board to hold the next meeting on:bun�e1 28, 1976 at 7:30 P.M. 22. Meeting adjourned at 10:20 P.M. Clerk e