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AGENDA
August 4, 1976
1. Call to order (7:30 P.M.)
2. Clerk's Report
a. Correspondence
b. Minutes of July 21, 1976
3. Warrant
4. Visitors Agenda !
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5. Old Business.
a. Status of Plans
1) Norman Gray - Cluster Development Plan
2) Howard Richardson - Form A - Lantern Lane - 8/11/76
3) Albert H. Slaney - Form A - Oak Street - 8/11/76
b. Bond Estimate - Riverside Park* �✓
ak�erd QVCkC e,e - ems ✓� - �`ibT �6
c. Subdivision Regulations - Unaccepte Streets* `
d. Zoning By-law
1) Cluster Development*
2) Business Zoning*
6. New Business
a. Public Discussion
b. Date for next meeting
c. Around the Table
7. Adjournment
*Material Enclosed
MANSFIELD PLANNING BOARD
MINUTES
August 4, 1976
Present: Chairman Dunn, Clerk Tighe
Planners: Mulcahy, Parsons
Planning Director Maurer
1. Letters were read from the following:
City of Attleborough, notice of Public Hearing
Building Construction Report for the month of July, 1976
Universal Engineering Corporation to Planning Board regarding Procedure
to Amend Zoning By-law.
SRPEDD handbook entitled "What are the Options".
Planning Board to Board of:Appeals regarding application of John T. Cunningham.
Planning Board to Board of Appeals regarding application of Louis Tarsa
— Planning Board to Board of Appeals regarding application of Ida Dorothy
Board of 'Selectmen to All Town Boards and Committees regarding policies
for personnel.
SRPEDD Regional Rapport - July 1976
Southeast Region Cooperative Extension Service - Ecogram, July 1976
Cooperative Extension Rural Development, July, 1976
Robert Chavaree to Board of Selectmen regarding Sewer Lift Station -
Riverside Park Subdivision.
2. Board reviewed the Minutes of July 21, 1976. Chairman Dunn noted that
Item #21 should read "July" 28, 1976.
Motion: To approve the Minutes of July 21, 1976 as amended.
(Tighe -Mulcahy, all in favor) VOTED
3. Motion: To approve the warrant of July 7, 1976 in theamount of $40.00 and
the warrant of August 10, 1976 in the amount of$35.84 (total of$75.84)
(Parsons -Tighe, all in favor) VOTED
Planning Director Maurer noted that the Massachusetts Federation of Planning Boards
sends out a newsletter quarterly and that they have regular meetings and workshops,
of which they notify the Planning Board well in advance. However, Mansfield
has never really participated in it. They also have handbooks which can be
purchased and the Board did purchase these 3 years ago. Planning Director
Maurer suggested that if the Board is going to join it would be advisable to
purchase 7 new handbooks. Planner Parsons questioned if there was duplication
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Minutes
August 4, 1976
between the Massachusetts Federation of Planning Boards and the Conference
of Massachusetts Planning Directors. Planning Director Maurer noted that
there was not as the Conference of Massachusetts Planning Directors does not
have publications, they have monthly meetings with guest speakers, which is
very beneficial to him.
4. Board met with Mrs. Margot Jellinek to discuss the Circle C Estates Subdivision.
Mrs. Jellinek questioned what the Board had learned regarding the ownership
of the Circle C Estates Subdivision. Planning Director Maurer read the copy
of the deed transferring ownership from Sidney Covich, Trustee of Millhaus
Realty Trust to Sidney Covich and Kelton Potters, Trustees of Circle M Realty
Trust recorded in the Bristol County Registry of Deeds on July\8, 1976. Mrs.
Jellinek noted that once a deed is made and witnessed it becomes effective
whether it is recorded in the Registry of Deeds or not. She noted that it
was in effect 3 weeks before the Board released the lots under the name of
Millhaus Realty Trust.
Mrs. Jellinek noted that she had a copy of the trust that was formed between
Sidney Covich and Kelton Potter and noted that she was concerned with the
fact that the beneficiaries are referred to but they do not state who the
beneficiary is.
Mrs. Jellinek presented a letter to the Board asking them to request Circle
M Realty Trust to slope the land abutting her property to a 4:1 slope as
is shown on the approved plans. Mrs. Jellinek quoted from the Minutes of the
Planning Board of June 4, 1975 in which the late Chairman Zaffini had assured
Mrs. Jellinek that it would be a 4:1 slope. Mrs. Jellinek requested that this
grading be done no later than August 21,1976. She noted that she is sending
a copy of the letter to the Planning Board to her Attorney.
5. Chairman Dunn noted that some of the letters of Credit that the Board holds
states that the successors and assigns would be responsible and felt that
maybe this should be checked with Town Counsel, Planning Director Maurer noted
that he talked with Town Counsel today regarding the letter of Credit from
Millhaus Realty Trust to the Town of Mansfield with specific dates on them and
that Town Counsel has advised that the obligationsof Millhaus Realty Trust run
until those dates expire.
Planning Director Maurer noted that the only lots released on Maverick Drive
is up to Pinto Way and there are still approximately 10 to 12 lots left on
Maverick Drive that still have to be released and when they come in for
release of those lots they can check under what name the securities come in.
Planning Director Maurer noted that there is no proof that Millhaus Realty Trust
has dissolved and that Circle M Realty Trust only purchased lots and not the
roadways. Chairman Dunn questioned when a Planning Board signs a letter of
credit does it go against the property or against the person. Planner Mulcahy
felt that the new securities should be under the names of both Millhaus Realty
Trust and Circle M Realty Trust for proper coverage.
6. Board reviewed the Form A Plan for Robert Chavaree for land on Riverside Drive.
It was noted that this was to change some of the lot lines in the approved
Riverside Park Subdivision.
Motion: To sign the Form A Plan for Robert Chavaree for land on Riverside Drive.
(Tighe -Mulcahy, all in favor) VOTED
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August 4, 1976
7. Board discussed the sewer lift specifications for Riverside Park. It was noted
that Mr. Chavaree has reviewed the specifications with the Superintendent of
of the Sewer Department and that the specifications have now been forwarded to
the sewer consulting engineers.
8. Board met with Mr. Robert Chavaree to discuss the bond estimate for Riverside
Park. Mr. Chavaree noted that when the plan was approved the only portion of
the subdivision that would be required to have the 10% contingency on the bond
was the remainder of the work to be completed at the time of bonding. He noted
that these regulations where changed in 1975, after the approval of the Riverside
Park subdivision plan. Mr. Chavaree noted that he was in disagreement with the
requirement for the 10% contingency against the whole bond estimate.
9. Board reviewed the form A Plan for Albert Slaney for land on Oak Street. Engineer
Grant advised the Board that the frontage of 79.90 feet was an, existing frontage
of a house lot on Oak Street and that they were purchasing additional property.
Motion: To sign the Form A Plan for Albert Slaney for land on Oak Street.
(Tighe -Mulcahy, all in favor) VOTED
9. Board reviewed the proposed cluster development for Norman Gray for land on
South Main Street. Board also reviewed the proposed 1973 cluster development
provisions and compared the criteria in the proposal with the plan. It was
noted that in oruer to consider the plan that they would have to consider
cluster zoning, make a presentation to Town Meeting and, if voted, determine
if the plan as submitted is a nroper layout for cluster zoning. Planning Director
Maurer felt that the burden lies with the applicant to make the presentation
for Town Meeting acceptance of the cluster developmmnt. The Board questioned
if Mr. Gray is really interested in persuing the Cluster development. Planning
Director Maurer suggested sending Mr. Gray a copy of the regulations that were
proposed 3 years ago and ask what he thought of them.
It was the consensus of the Board to send a letter to Mr. Gray stating the two
options; first going conventional subdivision, second for the cluster development
and the presentation at Town Meeting, obtaining approval of a cluster provision,
and then the procedure for subdivision approval, and further advise him that
there is backup material that the past Planning Board has available.
Clerk Tighe noted that if they ever have a workshop meeting that there are
several questions he has regarding theproposed 1973 regulations for cluster
development.
10. Board endorsed the Woodland Park Definitive Subdivision Plan as voted on
July 14, 1976.
11. Board discussed the amendment to the subdivision regulations for Unaccepted
Streets.
Motion: To approve the amendment to the subdivision regulations for Unaccepted
Streets as presented.
(Tighe -Parsons, all in favor) VOTED
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Minutes
August 4, 1976
12. Board discussed the bond estimate for Riverside Park. The Board noted Mr.
Chavaree's request for a reduction in the contingency to only include 10%
of the amount left to be completed. Planning Director Maurer noted that when
the Plan was approved it was the policy of the Board to only hold a contingency
on the work which remained to be completed and the regulations stated a 15%
contingency. Clerk Tighe suggested holding the 15% contingency on the balance
of the work as outlined in the old subdivision regulations.
Motion: To give the applicant the option of 'posting the 10% contingency of
the entire project or 15% contingency on the work remaining to be
completed at the time of bonding.
(Tighe.- Motion lost for want of a second)
Planner Parsons felt that the work he is going to do without putting up the
contingency is too critical. Planner Mulcahy felt that he was aware of this
10% contingency and should be held to it.
Motion: To approve the Bond Estimate for Riverside Park in the amount of
$124,67.175 with a contingency of $12,467.17 for a total b and amount
of $137,138.92
(Parsons -Mulcahy, all in favor) VOTED
13. Planning Director Maurer suggested that at a workshop meeting the board discuss
the holding of the contingency on items like sewer, water, and storm drainage
which may have been in for over a year. Planner Parsons noted that just because
they have been installed for over a year, if they are not being used problems
could arise, especially with large vehicles going over them and the ground
settling. Planning Director Maurer noted that in Village Estates Section I
that hater has been used for over 2 years and the top coat had not been put on
yet, so the contingency on the water was held for almost 3 years.
14. It was the consensus of the Board to discuss the Business Zoning amendment
prepared by the Planning Board at the next workshop meeting.
15. Motion: To get a formal opinion from Town Counsel regarding the Circle
C Estates securities status including, is the Town protected by
the original letter of credit whether the land is sold, the
subdivision is sold, or both are sold; when the letter of credit
comes up for extension in September should it be issued to Millhaus
Realty Trust, Circle M Realty Trust, or both; does thesuccessors
in interest take with notice?
(Parsons -Mulcahy, all in favor) VOTED
16. Board discussed Mrs. Jellinek's request to require Circle M Realty Trust to
bring the cliff to a 4:1 slope on the edge of her property. Planning Director
Maurer noted that they are in the process of grading off the ditch, as of today.
He noted that the slope in question is very close to a 4:1 sloperight now,
behind lots 24, 23, 22 and a portion of lot 21. Board requested Planning
Director Maurer to obtain additional information on this for the next meeting.
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Minutes August
August 4, 1976
17. Planner Parsons noted his concern with the new bond estimate figures as to
what effect they will have on the bonds that are already out. Planning
Director Maurer noted that the only one it would really affect would be the
orejust recently received for Pinto Way.
16. Mrs. Jellinek came before the Board and noted that she objected that Mr.
Maurer has stated that it .is at a 4:1 slope at her. property line as at the
end of the cliff it is no more than a 1:1 slope.
19. It was the consensus of the Board to hold the next Planning Board Meeting on
August 11, 1976 at 7:30 P.M. for a WORKSHOP MEETING.
20. Clerk Tighe noted that it has been the past practice of the Planning Board to
take resigned members out to dinner and felt that something should be done to
take John Wellington and Ben Latham out. It was also the consensus of the
Board to request Planner Mahana to make an award. Requested the secretary
to check to see when Mr :Latham and Mr. Wellington would be available.
20. Clerk Tighe noted that something should be done about filling the 2 vacancies
for the Planning Board, particularly with a civil Engineer. Clerk Tighe
presented a list of Civil Engineers as taken from the street list. Planner
Parsons questioned whether anything was in the paper about a vacancy on the
Board. It was noted that it had not been.
Motion: To write a letter to the Board of Selectmen and tell them why they
want someone with a particular talent for engineering, and that
since no one on the list has this background that it should be
advertised in the local paper.
(Tighe -Parsons, all in favor) VOTED
21. Clerk Tighe questioned the status of the Building Inspector regarding Carl
Nelson's gravel pit. Planning Director Maurernoted that the Building
Inspector had met with Town Counsel regarding the Grandfather Clause and it
was noted that the intent was for a grandfather registration to exempt them
from zoning. However, the way the by-law is drafted it does not say this
and it is the opinion of the Town Counsel that they will need a Special
Permit for earth removal. Town Couneel had further advised that instead
of just applying the circumstances to Carl Nelson to find out from the
Board of Appeals just how many gravel pits this will involve.
22. Clerk Tighe questioned what was happening with the Downtown Development
Committee since they will be discussing business zoning. Planner Parsons
noted that they have not had any meetings since June when they went to
Newport.
23. Clerk Tighe noted that if he was going to be on the Capital Improvement
Program Committee that he would not want to be required to vote for the
Planning Board, but would rather vote as an individual.
Motion: To appoint Planners Tighe and Mulcahy as the Planning Board's
members on the Capital Improvement Program Committee with the
right to vote as individuals.
(Parsons -Tighe all in favor) VOTED
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August 4, 1976
24. Chairman Dunn questioned how Leon Grant was able to have the required frontage
on Ware Street. Planning Director Maurer drew a diagram of the corner soundings,
which is included in'his frontage, as determined by Town Counsel.
25. Planner Parsons questioned when Mr. Clemmey asked Planning Director Maurer to
leave the meeting wasit on Planning Board business. Planning Director Maurer
noted that it was and it was with regard to the Camelot -at -Mansfield
subdivision plan. Planner Parsons felt that he should have addressed himself
to the Board instead of just calling the Planning Director out of the room.
26. Planning Director Maurer noted that the Community Development application is
for $100,000 for the Back Bay Brook and that all of the corrections have been
made to the application and in a couple of weeks they will be making the
actual award for the grant.
27.' Planning Director Maurer noted that there is going to be a class from Harvard
University in Landscaping Architect doing a study of the area and they are
going to put the Town on a computor grid and take in land uses, characteristics,
and zoning and make an analysis.
28. Planning Director Maurer made a proposal to the Board to pay his dues in the
Conference of Massachusetts Planning Directors in the amount of $45.00 as all
other department heads, '(Town Clerk, Town Treasurer, Fire Chief and Police Chief)
are given a membership in one associations. He noted thatthey meet once a month,
they have guest speakers, and he is the chairman of the organization this year.
Clerk Tighe noted that next year there should be a specific item in the budget
for this matter.
Motion: That the Planning Board pay the Planning Directors dues in the
amount of $4.5.00 for the Conference of Massachusetts Planning
Directors.
(Tighe -Mulcahy, all in favor) VOTED
29. Meeting adjourned at 10:50 P.M.
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