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
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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
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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
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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.
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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.
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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
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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.