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HomeMy WebLinkAboutPlanning 04/30/1975MANSFIELD PLANNING BOARD AGENDA April 30, 1975 1. Call to order (7:00 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of April 16, 1975 3. Warrant 4. Planning Board Organization a. Election 1) Chairman 2) Clerk b. Committee Assignments 1) SRPEDD Representative 2) Capital Improvement Program Committee (2) 3) Great Woods Study Committee 4) Community School Planning Committee 5. Public Nearing at 8:00 P.M. on Peter's Park 6. Visitors Agenda 7. Old Business a. Status of Plans 1) Peter's Park - Def. Sub. - Park Street - 5/19/75 2) Donald Dethlefs - Form A - West Street - 4/30/75 b. Zoning Board of Appeals application of Rita Lomberto 8. New Business a. Bond Estimate for Village Estates Section II b. Around the Table 9. Adjournment MANSFIELD PLANNING BOARD MINUTES April 30, 1975 Present: Chairman Zaffini, Clerk Dunn Planners: Wellington, Davision, Latham, Parsons 1. Letters were read from the following: Board of Health to James Antosca regarding Camelot -at -Mansfield Camp, Dresser, McKee to Board of Selectmen regarding Sewerage Facilities. Wetland Protection Act Extension Permit for Waldor Realty. Mrs. Jellinek to Building Inspector regarding Lot I Brown Terrace. Mrs. Jellinek to Town Manager regarding Town Planner. Town Clerk to Attorney General regarding 1975 Zoning Amendments Zoning Board of Appeals notice of PublicHearing on the application of Rita Lomerto-set aside Zoning Board of Appeals notice of Public Hearing on the application of Kenneth J. Bray.- set aside Planning Board to Donald Dethlefs regarding form A Plan for land on West Street. Notice of Public Hearing on Community Development Plan Notice of BiMonthly Meetings between Board of Selectmen and Committee! Chairman. Press Statement by Executive Office for communities and development concerning upcoming budget hearings on the agency request for fiscal year 1976. Town of Mansfield Road Data Book prepared by Highway Engineer. New England Economic Lndicators for April 1975 University of Massachusetts Management of Land and Water Resources. Department of Community Affairs presents Capital Programming Training Seminars Mass. Federation of Planning Boards Newsletter SRPEDD notice of Annual Full Commission meeting on April 23, 1975 F -2 - Minutes April 30, 1975 2. Motion: To approve the Minutes of April 16, 1975 as presented (Wellington -Latham, all in favor) VOTED 3. Board reviewed the Form A Plan for Donald Dethlefs for land on West Street. It was noted that the Form A application had been corrected. Motion: To approve the Form A Plan for Donald Dethlefs for land on West Street. (Wellington -Davison, all in favor) VOTED 4. Board reviewed the Form A Plan for Jess Realty for land on Darby Drive. Planner Wellington noted that the frontage is from the PI intersection of the radius and that if a new road is added they would not have frontage. He noted that if they do not want the future street then the plan can be approved as it would void the layout for the street. He noted that if this lotcame under a subdivision plan it would have frontage on the new street. Motion: To reject signing the plan for Jess Realty for land on Darby Drive and notify the applicant that if he wants to forego the future street they will sign the plan. If he does not want to forego the future street, then he does not have 120 feet of frontage on Darby Drive. (Wellington -Dunn, all in favor) VOTED 5. Board reviewed the Zoning Board of Appeals notice of Public Hearing on ( the application of Rita Lomberto for a variance to construct an addttion to a dwelling at 250 Plain Street which would continue anw existing 16 foot rear. :yard measurement, which is nonconforming in a Residence "A° Zone. Motion: To recommend to the Board of Appeals thatthis variance be granted as it is a continuation of an existing 16 foot rear yard measurement. (Wellington -Latham, all in favor) VOTED 6. Board reviewed the Zoning Board of Appeals notice of Public Hearing on the application of Kenneth Bray for a variance to create two n ew one bedroom apartments on the 3rd floor at 23-25 East Street. Motion: To recommend to the Board of Appeals that the variance be denied for the following reasons: 1) The preliminary plan submitted to the Planning Board on January 8, 1975 indicated that the applicant would not be able to meet the required parking spaces. 2) The applicant, having purchased the property within the past year does not demonstrate financial hardship 3) It is an existing non -conforming dwelling and this would only add to it. (Wellington -Dunne all in favor) VOTED -3 - Minutes April 30, 1975 7. Board reviewed the Bond Estimate for Village Estates Section II prepared by the Planning Director in the amount of $166,671.12. Planner Wellington noted that in some areas the bond was low and in other areas it was high, however the average price of $70.00 a foot for road construction was a good price. Motion: To approve the bond estimate for Village Estates Section II in the amount of $166,671.12 as presented. (Latham -Wellington, all in favor) VOTED 8. Chairman Zaffini noted that Joseph Gonsalves has a sign up at the corner store for the recreation campsite and that there are others on telephone poles, which is not allowed. He noted that he spoke to the Building Inspector on this. 9. Chairman Zaffini informed the Board that he spoke to the Building Inspector regarding the property of Sarro being filled with asphalt and such. The Building Inspector advised him that he would look into this however, he did not think there was much he could do as long as it is not being filled in with wooden debris and tin cans. 10. Chairman Zaff:nioquestioned why the Board had not been advised that the work had been started in the Magna Vista II subdivision. Planning Director Maurer noted that there had only been one meeting since the work had started and it had slipped -his mind, however it was all in the monthly report. 11. Planning Director Maurer noted that the plans for the Street Acceptance Articles were ready to be signed by the Planning Board so that they could be signed by the Board of Selectmen and that the articles are being prepared to be,recorded with the plans and signed by the Board of Selectmen. 12. At 8:00 P.M. a Public Hearing was held on the definitive subdivision plan for Peter's Park. A transcript of that Hearing is on file. 13. Board met with Mr. Carl Nelson to review the Form A Plan for land on Williams Street. It was noted that it was an alteration of a plan signed by the Board on 2/5/68. Discussion was held on the driveway coming in to the property which fronts on Williams Street with a driveway from Tremont Street. Board to review the plan further. 14. Board met with Attorney Brad Johnson and Mr. James Antosce to discuss the Camelot -at -Mansfield subdivision. Mr. Johnson noted that the State Law, Chapter 41, Section 82 stated that the Planning Board give the reason for the subdivision plans denial and that Section 81U demands that should the plan as amended correct the discrepancies as noted in the Planning Board's review that the Planning Board should approve the Plan. Noted that the objections raised before by the Planning Board have now been met, in his opinion. Noted the objections of the Planning Board was that the area would be overdeveloped by the development of this subdivision because only 9 lots of the 36 had been approved by the Board of Health. Mr. Johnson felt that this did not really have any legal standing. He noted that they have cut down on a few of the lots. In addition to that, the subdivision had been -4 - Minutes April 30, 1975 disapproved because reference should be made to the comments of the Board of Health. He noted that the Comments of the Board of Health were that 9 lots had bean approved and required that their restrictions be put on the plan should it gain approval. Mr. Johnson requested that this plan now submitted be incorporated with the Board of Health's decision and be passed. Mr. Antosca informed the Board that they have incorporated the pair at the end of the cul--de-sac unto one lot as they feel it might be difficult to obtain percolation on this lot at this time. He noted that this reduced the number of subdivision lots. He further informed the Board that he had done additional testing and it is their feeling that the investigator for the Board of Health would pass 4 of the last 7 lots tested, which would bring the total number of lots approved by SEA up to 19. It was noted that no official report has been received on this. Mr. Johnson noted that on March 26th the Board of Health did not disapprove the plan but only stated that 9 lots had been approved by them. They did not say in any way that this plan should be disapproved, however requested that their restrictions be placed on the plan. Mr. Johnson stated that they are requesting that this new plan, with the Board of Healths restrictions:, he approved under Chapter 41, Section 81U of the -Massachusetts General Laws. He noted that Section 81U did not mention that a new public hearing should be held, and felt that one is not required. He noted that the changes are so minor that no public purpose would be served by having a new Public Hearing. He noted that one of the roads had been changed in the past, after the required Public Hearing, and town Counsels opinion was that no new Public Hearing would be required. It was noted that the plan now contained 36 lots, and that lots 27 and 4 have existing dwellings. There are 34 lots in question of which 19 lots have approval from SEA. It was noted that these lots had not been officially approved by the Board of Health. Mr. Johnson felt that even if only one lot had passed the approval of the Board of Health that the plan should have been approved and Mr. Antosca would+havertoi\gAU approval prior to the; issuance of a building permit. Mr. Antosca noted that lots 14,15, 11, 5, 3 and 38 passed the conditions of the State and Local requirements, however the Board of Health did not approve them and that they anticipate'having more approved. He noted that they have reapplied for all of the percolations and that they have paid the additional $40.00 fee, per lot. Mr. Johnson noted that there have been other developments approved in Mansfield in which the percolations were not taken until after approval and just had a note added to the plan. He noted that the only thing that the Planning Board should be concerned with is if the plans meet the standards which they have set forth. He asked the Board to take this to mind that the plan, as amended, with the Board of Health restrictions, it should be passed. He noted that Camelot had already spent $2,000 along on percolation tests. -5 - Minutes April 30, 1975 Planner Dunn questioned whos responsibility it was to choose the spot on the lot for the percolation tests. Mr. Antosca noted that it is the developers responsibility. He noted that he was not explained this until he met the engineer of the Board of Health. Mr. Antosca noted that there is nothing in the Planning Board or Board of Health regulations that states how many lots have to pass percolation to be approved . Mr. Antosca questioned what the Board's intention was with the wording overdeveloped. He questioned Planner Dunn as to what was meant by overdeveloping. Mr. Johnson sited cased in which towns had disapproved plans becuase they felt that it would be overtaxing the town's facilities and the cases had been won by the developers and this is not considered legal to do. He noted that plans cannot be turned down because of economics, as this is up to the developer as long as he follows the rules and regulations of the town. He noted that fflpnly three lots had passed percolation the developer should ; still beallowed to build as it is his land ;and they can't take it away from him. Board to review the situation further. 15. Board proceeded with the Planning Board Organization. Motion: To reappoint Chairman Zaffini as Chairman for 1975. (Latham -Parsons, all in favor) VOTED Motion: To reappoint Clerk Dunn as Clerk for 1975. Natham-Wellington, all in favor) VOTED Motion: To reappoint Planner Parsons as the SRPEDD represenative (Zaffini-Latham, all in favor) VOTED Motion: To reappoint Clerk Dunn and appoint Planner Davison as the Capital Improvement Program Committe Represenatives. (Parsons -Latham, all in favor) VOTED Motion: To reappoint Planner Wellington to the Community School Planning Committee. (Parsons -Dunn, all in favor) VOTED Motion: To reappoint Chatrman Zaffini as Great Woods Study Committee representative. (Wellington -Latham, all in favor) VOTED 16. Board discussed the revised subdivision plans for Camelot -at -Mansfield. It was the consensus of the Board to wait untill all the information from the Board of Health was received and advise them to make a definitive report and then hold a new Public Hearing. 16. Chairman Zaffini suggested making arrangements for an evening with ex -planner Grant. 17. Planner Wellington noted that the Board members should all receive a copy of the Road Data prepared by the Town Engineer. It was noted that on the roads within the Magna Vista Subdivision, as well as a few others, ht th hould be listed as To Be Acceptedclinstead of Accepted as they to eys were not voted on until April. It was noted that the Board should go through the report and see which streets that are not accepted there are plans for so that they can be accepted. -6 - Minutes April 30, 1975 18. Planning Director Maurer referrred the Board to the Monthly Status Report regarding the development for Mansfield Industrial Park Realty Trust. He noted that Ryan and Elliott does not plan to develop the Conners Avenue Section at this time and that they would like to do the final paving of the roadway on Francis Avenue. It was noted that after 2 years the Conners Avenue Section would require new plans. Planning Director Maurer noted that if they are allowed to pave the final roadway for Frandds Avenue then it should be agreed that if there are any future connections for utilities that the roadway should be patched in accordance with the standardsset by the town for secondary streets. Planner Wellington noted that the concrete slab should be an additional foot of either side of the trench. It was the consensus of the Board to allow the final paving of the Francis Avenue development. Planning Director Maurer to draft a letter, with conditions for this final paving, for the next planning Board meeting. 19. Board requested that a list of subdivision regulations changes be send out for their review. 20. Planner Dunn questioned the Community Development Program, if it was for low income housing or what. Planning Director Maurer noted that this was the Towns way of getting some of the money back and that the types'of projects in mind are in the area of water main extension, sewer, and other utilities. G` 21. Planning Director Maurer felt that the next meeting should be to discuss ` subdivision regulation changes and what other items on the work program memorandum should be started and deadlines for these projects. It was the consensus of the Board that the next meeting be a complete workshop meeting with only correspondence. 22. Board discussed the Form A Plan for Carl Nelson for land on the corner of Williams and Tremont Street. Planner Wellington questioned the width of the driveway and ,noted that he would not be able to get a plww down that driveway without tresspassing. It was noted that lot lA could be cut down in size to make the driveway wider as lot lA was an existing lot prior to zoning. It was noted that this plan has not been filed with the Town Clerk as of yet. 23. Mee7ing adjourned at 10:20 P.M.