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
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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
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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.
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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.
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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
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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
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