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HomeMy WebLinkAboutPlanning 04/02/1975MANSFIELD PLANNING BOARD AGENDA April 2, 1975 1. Call to order '(7:30 p.m.) 2. Clerk's Report a. Correspondence b. Minutes of 'March 26, 1975 3. 'Warrant 4. Visitors Agenda 8:00 P.M. Walter Milette re. Circle C Estates 8:30 P.M. James Antosca re. 'Camelot -at -Mansfield 5. Old Business a. Status of Plans Peter's Park - Def. - Park Street'- 5/19/75 b. Zoning Amendments c. Circle C. Estates d. Utility Connections Under '1-495 6. New Business Around the Table 7. Adjournment i MANSFIELD PLANNING BOARD MINUTES F April 2, 1975 Presents Chairman Zaffini Planners: Lathaip,Parsons, Davison, Dunn, Wellington Planning Director Maurer' 1 Motion: To appoint John Dunn acting clerk. (Wellington -Parsons, all in favor)VOTED 2. Letters were read from the following: Board to Health to Planning ;Board regarding Peters Park. Planning Board to James Antosca regarding Camelot -at -Mansfield Representative Phillip Filosa to Planning Board regarding House Bill 3933. Planning Board to Russell Christian regarding underground wiring require- ments for Village Estates Section 3. Building Construction Report for the Month of March, 1975. ( New England Economic Indicators - March, '1975 Notice of Meeting for Chapter. 774 - Exclusionary Zoning Law 3. Mmtlon: oTor:accept the minutes of March 26, 1975 as presented (Wellington -Latham, all in favor) VOTED 4. Motion: To sign the warrant of April 8, 1975 in the amount of $90.35. (Wellington -Dunn, all in favor) VOTED 5. Board discussed the approved plan for Circle C Estates and the request of Walter Millette at the previous meeting for the elimination of the street' lighting, elimination of the hydrant at station 12 'plus 75 on Maverick Drive elimination of the sidewalk on one side and elmiAatl.on of the granite curbs. Planning Director Maurer noted that the hydrant at:station '12 plus 75 was requetted to be moved to the end of the cul' -de -sac and when they showed the hydrant at the end of the cul-de-sac they did not remove the one at station ; 12 plus 75. Motion: To inform Mr. Millette that with regards to the Circle C Estates approved subdivision plan he will be allowed to eliminate the one hydrant shown,by a drafting error at Station 12 plus 75, on Maverick Drive. (Wellington -Parsons, all in favor) VOTED d Planning Director Maurer noted that Mr. Millette requested a bond estimate for work which would remain to be completed after the installation of the base coat. Board reviewed the memorandumprepared by the Planning Director regarding the Bond Estimate for Circle C Estates. 'Planning Director Maurer noted that the bond estimate did not include the relocation of earth on the individual lots. 2 Minutes April 2, 1975 Planner Wellington noted that he tried to obtain a 1974 copy of the average prices used by the D.P.W. for bond estimates, however, they have not been printed as of yet. Planner Wellington noted that a '36" drain pipe.wouid cost the town $36.00 a foot including installation. rPlanner Wellington noted that the drainage prices in the bond estimate did not include the installation costs, so the estimate for the drainage was low. He noted that other areas of the bond were high so that the total figure was good. Planning Director Maurer noted that Mr. Millette requested to 'place a bond on the contract price he had received. Board would not agree to this. It was noted by the Board that the bond estimate was to be reviewed annually. Motion: To forward the Bond Estimate for Circle C'Estates to Mr. Millette_ and note the escalating costs to be figured annually. (Latham -Wellington, all in favor) VOTED 6. Board reviewed the definitive subdivision plan for Peter's Park for 'land off Park Street. 'Planning Director Maurer noted that the drainage is ,going into an existing catchbasin in East Street, which flows Into an existing ditch. He noted that Mr. Joseph Gonsalves had come into the office and noted that he himself had instl111ed the ditch to take the water away from his house and that right now the Town doesnot have a legal easement across the 'property. Mr. Gonsalves noted to the Planning Director that he did not want to do anything to delay the subdivision but felt that it should be taken care of before the actual development. PlanningDirector Maurer noted that this is being discussed between Mr. Ceccarelli and Mr. Gonsalves. Planner Latham suggested the possibility of the drainage being carried down East Street and then into the Back Bay Brook.` it was the consensus of the Board that they should walk this site las theydo for other subdivisions. Planning Director Maurer noted that Mr. Ceccarelli wanted to come in to talk to the Planning Board regarding removing all of the subsoil and bring in the gravel for the road before the plan isapproved. Board felt that this was not a good ;policy and any work is done at his own risk. It was 'noted that no building permits could be issued on this development' until he had received permission to tie into the existing sewer system. it was the consensus of the Board that the street should be called Willis Street and not Willis Street extension. 7. 'Planning Director Maurer presented a copy of the Sewer Master Pian to the Board and compared it with the recommendations of the Towns consultants, for the sewer sleeves to be placed under 1-495. Planning Director Maurer noted that =on the sewer proposal for Cabot, Cabot and Forbes they would need a'24" sleeve under 1-495. Planning Director Maurer noted that under Route 140 that they did not make provisions at the line in Route 106, Chauncy Street, ;and one in West Street which is an existing line and one In School Street. He felt that this information should be forwarded to Camp, Dresser, McKee. Planner Wellington noted that on Chauncy Street and School street they will be grade as opposed to being tunnelled in. Board discussed the sleeves for the water system and noted that a 12 inch main provision should be made under 1-495 and also at School Street and ,possibly at Reservoir Street. Chairman Zaffini felt that all sleeves 'needed should be given for water, sewer and power. Planner Wellington noted that they would be better off to have them put in pipes with plugs at both ends. !' Minutes April 2. 1975 It was the consensus of the Board to forward this information to the Board of Selectmen and also the information from Cabot, Cabot and Forbes, and to refer to the Planning Board's letter for Febraary 6, 1975, which has been taken care of by the sewer consultants but not by the other town consultants. 8. Planning Director Maurer presented a copy of the plan from the Conservation Commission relateingito Article 12 of the Town Warrant. It was noted that the Conservation Commission would have projections ready for the Town Meeting. It was noted that the land includes some pond area and the ,plans are consistent with the Conservation Commissionsproposed Green Belt, for ;the Canoe River. 9. Board discussed the amendments proposed to the Zoning By-law which will be presented to :the 1975 Town Meeting. Acting ;Clerk Dunn read a letter from :the Planning Board to the Town Clerk recommending the adoption of Articles 21,,`22, and 23. Motion: To send the letter of recommendation on the Zoning Articles to the Town Clerk as presented, (Wellington-Dunn, all in favor) VOTED 10. Board met with Mr. James Antosca and Attorney Brad Johnson to discuss the Camelot-at-Mansfield subdivision. Mr. Johnson noted that Mr. Antosca has been observing hisopitons -and that he intends to do business in Mansfield and he intends to move here with his family. He would like to preserve his invest- ment he has made in Mansfield. Mr. Johnson noted that in reviewing, the decision made by the Planning Board lastweek that they could find no alternative except to sue, and that papers have been filed and they will try to have the decision made by the Planning Board last week overturned and felt that they could be successful in their action. >Mr. Johnson felt that the decision was made on a basis which has no standing in law. 'Beleives that they can win their case and intends to go through with it. He noted that his client has made alsubstantial amount of Investments and that if his client does loose his 'zoning rights for duplexes he will suffer substantial economic damage and believes that the damage has been caused by the Vote taken in the last couple of weeks. Mr.Jdhhsonnoted that the case has been discussed with Attorney White and they have come to the agreement that they have a 'good case under Chapter 42, Section 93 of the Civil Rights Act, which states that they can bring action agains�municipal boards. Have not decided whether they should bring this action yet. He noted that his client feels he will be forced to do this and they will go to superior court and try to get action on this if his investment falls through. Mr. Johnson noted that Camelot Estate and the people behind it do want to do business in Mansfield over a perio6 of years. He noted that if possible they would like to save acrimony and does not think of Mansfield asanunfriendly town, but would like to solve this. Mr. Johnson noted that com- munication has been made with Town Counsel and believes it can be legally possible for the Planning Board, with the applicants cooperation, the towns cooperation, and the Planning Boards cooperation, to save the plan, with some changes. m Mr. Johnson noted that on April i1. 1975 they went before the Board of Health asking that repercolation be done to preserve their options under Chapter 41. They would like the Board of Health to give them the right to reprecolate. Mr. Johnson noted in talking with Town 6ounsel there was an alternative, to either a flat standing on the Planning Board's part by which they would have to I Minutes April 3, -1975 abide by previous standing, or there is another way ;this could be handled. ,their Board questioned what alternatives they would be taking. Mr. Antosca preferred not to elaborate on the alternatives and he would like to 'go on record with no particular alternative until they are sure it will be a'solution to the problem. Mr. Antosca noted that he would hike to settle this without court action and that he has only filed to preserve the appeal period. i1. Board discussed the subdivision pian for Camelot -at -Mansfield. Planner Parsons noted that the plan is inconsistent with the 9 lots that were considered buildable by the Board of Health. Planning Director Maurer noted that the Planning Board's decision is based soley on the decision of the Board of Health. Planner Latham questioned if they, should make reference to the SEA Reports. Planning Director Maurer noted that SEA was the one who observed the sites and made the recommendations so that they would have to be referred to. Motion: That for further clarification on :the decision of March 266 1975 that reference is made herein to Panning 'Board Rules and Regulations Section III -C-3, page 14, and the letter of the Board of Health to the Planning Board dated March 26, 1975 and the SEA reports enclosed therein, which are hereby incorporated into this decision by reference and made a part thereof. (Wellington -Dunn, all in favor) VOTED It was noted that the 20 day appeal period would start over after the amendment to their decision, is recorded with the Town Clerk. Planning Director Maurer to contact the Town Counsel regarding the conversation between himself and Mr. Johnson. 12. Chairman Zaffini noted that the Board would meet next week at 7:00 P.M. prior to Town Meeting. 13. Planner Dunn felt that the 'Planning <Board should meet with the Board of Health regarding the procedure for; percolation tests as he had heard that there were 4 lots in Camelot that were not percked as the developer could not get his machine in to take the percolation tests. 14. Planner Dunn noted that he would like to attend the meeting for Chapter 774 to beheld on May It 1975 in Brockton. Phis is in regarding to the Exclusionary Zoning Law, 15. Planner Parsons suggested that the Board consider a provision in the Subdivision Regulations that 1/2 of the lots in -;a given subdivision have to be approved by the Board of Health. in order for the subdivision as presented to be approved by the Planning Board. Chairman Zaffini felt that this should be somewhere in the Board of'Health `Rules and Regulations. Planner Parsons felt that if the Board of Health did not adopt this then the planning Board should. 16. Planner Davison questioned if a builder wants to put ail the roads in without perking any of the lots could a subdivision be turned down; because they don't know if the lots are any good or to they have to pass the subdivision. Chairman Zaffini noted that the Planning Board cannot act without the decisionfrom the ` Board of Health. Planner Wellington noted that anyone can 'build a road on their property, however if they want to obtain approval so that they can build on them - then they have to meet the Town's standards. Minutes April 2. 1975 17. Planner Parsons noted that several times during the meeting with Mr. Antosca and Mr. Johnson there was reference made to the investments bade by Mr. Antosca and that the Planning Board informed him right from the beginning that ;any work done was at his own risk and that this should be noted to Town Counsel. 18. Chairman Zaffini addressed the audience and noted that some of the people came down very nervous last Monday and that one of the reasons for the meeting was to discuss the 0eclsion;On Camelot with Town Counsel and they hadoriginaily planned an open meeting until the developer came in armed with his attorney, This was the reason for the closed session. 19. Meeting adjourned at 9:20 P,M, Clerk Date { li