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HomeMy WebLinkAboutPlanning 05/28/1975MANSFIELD PLANNING BOARD AGENDA May 28, 1975 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Correspondence b. Minutes of May 21, 1975 3. Warrant 4. Visitors Agenda 8:00 P.M. Margot Jellinek re. Circle "C" Estates 5. Meeting with Selectmen re. Utility Connections - 8:30 P.M. 6. Old Business "c a. Status of Plans 1) Peter's Park - Def. Sub.- Park Street - 6/18/75 2) C & S Contradting - Site Plan - School Street- 5%28/75 b. Letter from Brad Johnson re. Camelot -at -Mansfield 7. New Business Around the Table 8. Adjournment MANSFIELD PLANNING BOARD MINUTES May 28, 1975 Present: Chairman Zaffini Planners: Latham, Davison, Wellington Planning Director Maurer 1. Motion: To appoint Planner Latham Acting Clerk. (Wellington -Davison, all in favor) VOTED 2. Letters were read from the following: Board of Health to Planning Board regarding percolation results for Camelot at Mansfield - set aside Board of Health to Waldor Realty regarding Circle "C" Estates. Planning Board to Home Developers regarding bond estimate for Magna Vista II. Planning Board to Christian and Schromm regarding release of securities for Village Estates Section III. Planning Board to Board of Appeals regarding application of William A. Regan. Planning Board to Board of Appeals regarding application of the Town of Mansfield. Planning Board to Olividio A. Scarpellini regarding bond estimate for Foxfield Estates. Board of Appeals notice of Public Hearing for Hatheway & Patterson Company - set aside Board of Appeals notice of Public Haring of George H. Blais - set aside Board of Appeals notice of Public Hearing of Edna A. Murray - set aside Board of Appeals notice of Public Hearing of Gregory A. Cauldwell set aside. Town Counsel to Building Inspector regarding non -conforming uses. Town Counsel to Building Inspector regarding horses and ponies. Board of Selectmen's minutes of April 30, 1975 and May 14, 1975 regarding complaint of Planning Board actions. New England Economic Indicators - May, 1975 SRPEDD Notice of Meeting of Full Commission -2 - Minutes May 28, 1975 3. Board discussed the minutes of May 21, 1975. Planner Wellington questioned on #10 regarding the application of the Board of Appeals for William Regan who the engineer was for the developer who laid out the house lots. It was noted by the Planning Director that RIM Engineering did the subdivision plan. Planner Wellington noted that this is the second instance in which the house was put on the lot incorrectly and it required a variance. He noted that he was not in disagreement with recommending the variance but felt that someone should white to the Board of Land Surveyors in Boston and site these two instances and felt that action should be taken against this individual. Planning Director Maurer noted that RIM was the engineer of the project but was not sure if he staked out the lots. Planner Wellington requested the Planning Director to find out who the engineer was and if it was Mr. Maloon to get a letter on record in Boston. Planning Director Maurer noted that in talking to the developer it is a mixture of feelings as to who's fault it was that the foundation was placed in the wrong area. Motion: To accept the Minutes of May 21, 1975 as presented. (Latham, -Davison, all in favor) VOTED 4. Motion: To approve the warrant of June 3, 1975 in the amount of $37.07. (Wellington -Latham, all in favor( VOTED 5. Board met with Mrs. Margot Jellinek to discuss the Circle 'C" Estates s subdivision. Mrs. Jellinek noted that Mr. Kelly of Millhaus construction came before the Board to ask the Board for a bond estimate for Morgan Road, as they planned to build 3 model homes. She noted that the covenant for Mr. Millettee was filed on September 24, 1973 and was binding to its successor and expires in 1975. Chairman Zaffini noted that if a bond is properly posted it would release the covenant. Mrs. Jellinek noted that in the General Laws, Chapter 41, Section 81P under covenant that he has to show which lots will be released. Chairman Zaffini noted that the:bonddwould be for the road and not for house lots. Mrs. Jellinek questioned about the bonding of the didewalks lights and utilities. Chairman Zaffini noted that if he has to post a bond it would include all of the utilities including lights, and sidewalks, and for the drainage on the whole subdivision out to the easement. Mrs. Jellinek noted that the Planning Board can either renew the covenant when it runs out or deny it. Mrs. Jellinek felt that the whole subdivision should be bonded because most of the work he is doing now is in Maverick Drive and on lots 20 and 21 he has about 50 feet of ol,oam" piled, or about 20,000 cubic yards of loam. She noted that he scraped off parcels 20 and 21 and cleared and put all the trees in the back area, near her wooded area and felt that this was a fire hazard. Mrs. Jellinek noted that there is a restriction by the State Department of Natural Resources, which has run out on this work and they have not reapplied for it. She noted that what they are doing is stripping it all out and that they put some of the subsoil in the bowl. She felt that if they should decide they cannot sell the homes then they could pull out and leave a mess, or move all the loam out and do nothing with the land. Mrs. Jellinek felt that the surplus material would be what is left after all the roadways are in and that there should be a restriction that no loam is to be removed until all of the roadways are completed. She felt that the entire project should be bonded for the Towns protection. -3 - Minutes May 28, 1975 6. Planning Director Maurer noted that none of the requirements requested for Peter's Park subdivision had been submitted as of yet. 7. Board reviewed the Site Plan Application for C & S Contracting for land on School Street. It was noted that all of the information requested'by the Board at the last meeting was now on the plan. Planner Latham felt that if the site plan as submitted was acceptable there should be more conditions; 'put in the regulations. Planning Director Maurer noted that the Zoning does not specify the scale of the plan and felt that this should be done so that there is a standard. Planner Wellington noted that the problem with the plan was that it was done freehand. Planner Latham felt that there should not be anymore site plans accepted in this manner. Motion: To recommend to the Building Inspector that the building permit be issued for C & S Contracting as it conforms to the Site Plan provision of the zoning by-law. (Wellington -Latham, all in favor) VOTED 8. Board reviewed the Form A Plan for W.H. Riley for land in the vicinity of West Street. It was noted that there is a subdivision plan in North Attleboro and that a corner of lot 160 was in Mansfield. It was noted that the plan was approved by the North Attleboro Planning Board on May 19, 1975. Motion: To sign the Form A Plan for W. H. Riley and Sons for land in the vicinity of West Street. (Wellington -Davison, all in favor) VOTED 9. Board met with Val Scarpellini to discuss the Foxfield Estates subdivision. Mr. Scarpellini questioned why he needed sidewalks and claimed that the Board had told him at a previous meeting at it was not necessary, as it was a dead end road and there i.s only going to be two houses on the road. He requested the Board to waiver the sidewalks in the subdivision. Board to take this under consideration. 10. Board met with the Board of Selectmen to discuss the utility connections under proposed route 495 and relocated routd 140.Selectmen Chairman Caponigro noted that Mr. Cahoon of the Water Department would be unable to attend the meeting. Town Manager Hannon noted that all that has been received from the State so far is the definite plans on the West Street area. He noted that Mr. Cahoon sent a letter on May 14, 1975 to the State after discussion with Whiteman and Howard regarding the sewer and the casings that have to be installed. Mr. Cahoon submitted plans showing a 16 inch watermain from Mr. Grosses house through the relocated West Street. He showed cross connections on old West Street. It was noted that pipe sizes were taken from the Water Master Plan. Chairman Zaffini= noted that the main concern of the Planning Board was if and when Route 495 is extended that the Town informs the State of the size of sleeves that they want under the roadway so that when the Town is ready to make thecrossings- they will not have to go around Route 495. Planner Wellington noted that it used to be State practice that if a water line was in the street that they would relocate the facilites at no cost to the Town. He noted that if the Towns wanted anincrease in size of the existing pipe that the State will put the large pipe in for just the cost of the difference in the pipe size being charged to the Town. -4 - Minutes May 2S, 1975 Selectmen Levine questioned if the Planning Board had any recommendations such as in West Street, of putting an oversize sleeve, as west Mansfield is growing and quettioned if the Master Plan should be overprojected. Planner Wellington felt that the Master Plan would be sufficient. Planner Wellington noted that the discussion for the water lines is for the installation and the sewer would be just sleeves. Selectmen Chairman Caponigro informed the Planning Board that the purpose of the meeting was to inform the Planning Board that they have accepted the Planning Boards recommendations and that they will forward this information from the Town's Consultants to the State and questioned if the Planning Board had anything to add to it. Selectmen Levine noted that the roadway would be dividing the Town up and questioned if there was any way the Planning Board or the Selectmen could work with the State during the construction of the road so that the drainage by -ways can be used by the town. Planner Wellington noted that the only drainage system in Route 495 woutd.abe a closed system of catchbasins and pipes. He noted that Route 25 will be all fill and would have catchbasins off to the side and the median strip would be a ditch and this will not require a closed system. Felt that it would not affect the towns drainage system. Selectmen Chairman Caponigro advised the Planning Board that they had received correspondence in the past few weeks regarding the Planning Board however, the Board of Selectmen felt that the Planning Board was doing a fine job and to keep up the good work. Selectmen Levine stated that he would like to see the remarks from the Consultants sent to the state and to advise the.,state that when the plans are final that the Planning Board be given the opportunity to review the plans. 11. Board met with the Board of Selectmen and the Mansfield Sewer Study Committee to discuss the future di ection of the Mansfield sewerage disposal. Selectmen Levine read the memorandum prepared by the Sewer Study Committee to the Board of Selectmen with their recommendation, which was to have Mansfield build the system in Norton with the provision for the future connection of Norton and Foxborough. Selectmen Titus stated that he appreciated the Committee's efforts but felt that the first thing that they should do is to reapproach Norton to consider a two town district as this would be less expensive. He felt certain that this could be achieved and felt that a meeting should be held with the Selectmen and Sewer Study Committees for Norton and Mansfield, because the cost of the interceptor around the Norton Reservior might not be feasible, as opposed to building a new plant on the existing site. Selectmen Levine noted that Norton had appropriated the money for the Sewer Study Committee to do further studying and felt that this might take a year for them to come up with a decision. He noted that Mansfield could start and if the Town of Norton wants to join in in a year or so they can, as it will still be in the early planning stages. Selectmen Caponigron felt it was a very good report and felt that -5 - Minutes May 28, 1975 they should take the approach and try for a three town district. He felt that they should go it alone andeletcthe oth2rt j61,n.. in when they are ready. Planning Director Maurer noted that the application for the facilities planning and part of the construction planning funds applications was sent into the State for Mansfield and that the funds are only available until July of 1977. Suggested sending a letter to the state Division of Water Pollution Control with the Town of Mansfield's proposal and see what their answer is. Town Manager Hannon noted that the Committee recommended that the 3 members of the Committee be abolished and that a new Committee be formed and felt that the three members should stay on the committee and that no reorganization should occur at this time as they already have the knowhow. David Clemmey noted that it was the Committee's intent that if the State says that they have to put an intercepter in to handlethe other towns then the State is to pay for the difference in the size of the interceptor line. He felt that after 6 years of Mansfield trying to straighten things out it is time for Mansfield to act and not get involved in Norton and Foxborougb. He noted that if they -want to joi.ntin.;, let them come to Mansfield. Selectmen Levine felt that it would cost the Town more by sitting still and doing nothing due to the increase in costs and the money being lost in revenue sharing. Selectmen Chairman Caponigro suggested that the Board take the report into consideration and get a letter off to the Division of Water Pollution Control stating that this is their porposal and see if they can get the funding. Selectmen Levine suggested that the letter by hand carried to Boston with a appointement with the two alternatives and see what the State suggests. It was the consensus of the Board of Selectmen to forward this letter to the State Divison of Water Pollution Control. Planner Wellington suggested that the letter state what has happendd in Mansfield, Norton, and Foxborough and let the State know that the Town of Mansfield is looking to proceed and that the sooner the letter is in Boston the better off the town will be. Selectmen Levine suggested that a letter be written to the Town of Norton suggesting that an article be inserted in the Special Town Meeting for the formation of a two town district. Selectmen Chairman felt that this was not up to the Town of Mansfield. 12. Planning Director Maurer advised the Board that the Board of Appeals application for Gregory Cauldwell may iYe withdrawn as he is in the process of purchasing additionaland to make it a conforming lot on East Street. He also noted that the application for Hatheway and Pattesson Company may be withdrawn as if the new zoning is passed by the Attorney General it would no longer be non -conforming. 13. Board met with James Antosca of Camelot=at=Mansfield and his attorney Bradford Johnson to discuss the request for a new Hearing on the Camelot -at -Mansfield subdivision. Mr. Johnson noted that a new Public Hearing had ween requested and questioned if one had been scheduled or not. Chairman Zaffini noted that it had not been scheduled as they were waiting ' for a reportfrom, the Board of Health and noted that they had received this today. -6 - Minutes May 28, 1975 Mr. Johnson questioned if the Public Hearing would be on the results of the Board of Health only. Chairman Zaffini stated he would have to check with Town Counsel on this. Mr. Johnson stated that he could not see the public use of a Public Hearing on the entire subdivision as there has already been two hearings on this and that it sould only be on the latest Board of Health recommendations. Mr. Johnson requested the Board to get an opinion as to if the Public Hearing can be only on the results of the new percolation tests. Noted that everone has had an opportunity to speak on the subdivision at the other hearings. Board to discuss later. 14. It was the consensus of the Board to schedule the Public Hearing for June 25, 1975 and to get a written opinion from Town Counsel as to if it can be only on the results of the percolation tests. Planner Wellington noted that the engineer for the Board of Health approved lots 28 and 29 and that the Board of Health states that they appear to be acceptable however they still have not approved lots 28 and 29. Planning Director Maurer noted that if the Public Hearing is going to be held -'that the Board should request a definitive report from the Board of Health as to what lots are acceptable and what lots are not acceptable. Motion: To send a letter to the Board of Health requesting a definitive report on the Camelot -at -Mansfield subdivision as to which lots are approved and which are disapproved, and why. Inform them that this information is needed prior to June 25, 1975. (DavisonHWellington, all in favor) VOTED 15. Board discussed the request of Val Scarpellini for the waiver of sidewalks in Foxfield Estates. Motion: To advise Mr. Scarpellini that the Board will not waiver the sidewalks in Foxfield Estates. (Wellington -Latham, all in favor) VOTED 16. Planner Wellington noted that on the Board of Appeals notice of Public Hearing for Edna A. Murray that it has been advertised illegally as they have advertised for the conversion of a single family dwelling to a two family dwelling -and the application is a two family dwelling to a three family dwelling It was the consensus of the Board to send a letter to the Board of Appeals dndiadvis6•them..oftheirreiror:in"advertfsi+ng,?f c=r i K' t "rs4ld� ( df 17. Planner Latham noted that Cabot, Cabot and Forbes has started the water tank and that the first ring is up and the floor is completed. 18.Chairman Zaffini questioned why the berms on Francis Avenue were stopped 70 feet apart, with the railroad tracks inbetween. Planning Director Maurer to check the plans on this. 19. Meeting,�djouingd_at 10:10 P.M.