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HomeMy WebLinkAboutPlanning 07/31/1974MANSFIELD PLANNING BOARD AGENDA July 31, 1974 1. Call to order (7:30 p.m.) 2. Clerk's Report a. Correspondence b. Minutes of July 17, 1974 c. Minutes of July 24, 1974 3. Warrant 4. Old Business a. Status of Plans 1) Woodland Park - Prelim. - Smiley Ave. - 9/1/74 2) Wading River Park - Prelim. - West/Gilbert Sts. -7/30/74 3) Great Woods Development - S. Main St. - Sewer Plans 4) Mansfield Industrial Park Realty Trust - Def. -Francis Ave. - 8/25/74 5) Michael J. Cook - Form A - West Street - 7/30/74 6) Fireside Realty Trust - Form A - Branch St. - 7/30/74 7) Riverside Park - Def. - Riverside Drive - Endorse Plan - Previously approved b. Sewer Lift Specifications* 5. New Business' a. Around the Table 6. Adjournment *Material Enclosed MANSFIELD PLANNING BOARD MINUTES July 31, 1974 Present: Chairman Zaffini, Clerk Grant Planners: MacFarlane, Wellington, Dunn, Parsons, Latham 1. Motion: To appoint Planner Latham Acting Clerk as Clerk Grant would be at the meeting later. (Dunn -Parsons, all in favor) VOTED 2. Letters were read from the following: Memorandum to Flood Insurance Specialist from Federal Insurance Administration regarding appointment of Consultation Coordination Officer. Memorandum to the Board of Selectmen from the Highway Engineer regarding ownership of Mill Pond. Planning Board to Michael Cook regarding Approval Not Required Plan - West Street. Planning Board to State Finance Board regarding Mansfield Industrial Revenue Bonds - Codex Corporation. Planning Board to Fireside Realty Trust regarding Approval Not Required Plan - Branch Street. Memorandum from Town Manager to Mansfield Water Department Customers regarding Immediate Water Ban. Department of Natural Resources Certificates of Compliance issued to John S. Morley, Esquire. Brockton Taunton Gas Company to Planning Board regarding Gas Line Installation in Francis Avenue. Petition to the Board of Health from Williams Street residents regarding Stump Dump within the proposed Camelot Estates on Williams Street. - set aside Lawyers Co-operative Publishing Co. to Planning Board regarding up-to-date volumns of Annotated Laws of Massachusetts. Cabot, Cabot and Forbes Co. to Planning Board requesting a reduction of Bond No 06SB 025272 in the amount of $55,566.50. - set aside Planning Director to Home Developers regarding Sewer Lift Station on Leonard Street. Department of the Army, Corps of Engineers to Planning Board regarding the Metropolitan District Wastewater Management Study. Planning Board to Town Counsel regarding Frontage Requirements. - 2 - Minutes July 31, 1974 Town Manager to Insurance Services Office regarding meeting scheduled for July 24, 1974. Massachusetts Department of Public Health to Fire Departments in Southeastern Massachusetts Air: Pollution Control District regarding Recent Open Burhi:ng Statute. Memorandum from Planning Director to Planning Board regarding Article 53 of the Annual Town Meeting (Planning Board Minutes of July 10, 1974). Planning Director to Hale and Dorr regarding Site Plan Approval. International Fidelity Insurance Company to Town Engineer regarding Installation of improvements in "Oakleaf Estates". Planning Director To Aetna Life & Casualty regarding bonds for Cabot, Cabot and Forbes Industrial Park. Cooperative Extension Service ECOGRAM on Environmental Information. Resources for the Future, Inc. - June, 1974. Department of Public Works Transportation Planning Newsletter ® Federal Highway Planning and research funds in action. Department of Public Works Transportation Planning Newsletter ® 1974 National Transportation Study. Department of Public Works Transporation Planning Newsletter ® Bicentennial Transportation Study. SRPEDD Memorandum regarding 1974 District Overall Economic Development Program (OEDP) Progress Report. New England Economic Indicators - July, 1974. Manual for Coordination with Local Officials for Flood Insurance Studies ® July, 1974. 3. Motion: To accept the minutes of July 17, 1974 as presented. (Dunn -Wellington, all in favor) VOTED 4. Board discussed the Minutes of July -W, 1974 and Planner Wellington requested to have his name removed from the attendance list as the meeting was never officially convened and therefore on page 2 the last sentence in item I he did not leave making no quorum present. Minutes to be amended as follows: Planners: Latham, Dunn (Planner Parsons entered late after a SRPEDD Meeting) Page 2 last sentence in item i - (Planner Wellington left during the discussion of the new fire station and the Board had no quorum.) - to be deleted. C, Minutes July 31, 1974 Motion: To accept the minutes of July 31, 1974 as amended. (Parsons -Dunn, Zaffini, MacFarlane, Latham in favor. Wellington present but not voting) VOTED 5. Board discussed the warrant for August 6, 1974 in the amount of $62.26. Chairman Zaffini questioned what the bill for General Binding Corporation in the amount of $32.16 was for. The secretary notdd that these are the plastic binders that were purchased for the assembling of the New Zoning By-law. Chairman Zaffini questioned who the Rehobeth telephone calls were made to. The secretary noted that they were to Bristol Equipment. Planner MacFarlane requested that the warrant be tabled until the Around The ,Table discussion at the end of the meeting. 6. Mrs. Margot Jellinek came before the Board to discuss the Form A Plan for Michael Cook on West Street in which her property interupts the frontage. Mrs. Jellinek also requested to see the Form A Plan for Cook in relation to the location of the Preliminary Subdivision Plan for Wading River Park. Mrs. Jellinek presented the Board with a copy of a plan endorsed by the Board in 1969 for the same property and noted that there were several engineering discrepancies. Mr. Cook addressed himself to the Board and noted .that the bounded measurements on the plan were taken as they actually exist from existing bounds and that the corner point on the deed have not been changed. Chairman Zaffini noted that the Board has not received,a reply from Town Counsel regarding the frontage requirements as it is not continuous frontage. Planner Wellington noted that the deed corresponds with the plan which Mrs. Jellinek presented to the Board and that some of the dimegsions on Mr. Cook's plan are 12 feet off. (Clerk Grant entered the meeting.!! 7. Board reviewed the Preliminary Subdivision Plan for Wading River Park. Chairman: Zaffini read the Planning Board's letter to Town Counsel dated June 28,1974 regarding the status of the plan as two submissions had been made on the same plan. Planner Wellington noted that the 90 day extension was granted on March 17, 1974 so the, time limit was up on June 17, 1974.. Motion: To table the plan until the next meeting. (Wellington -MacFarlane, all in favor) VOTED 8. Motion: To remind the Planning Director to stamp all incoming material including correspondence and plans. (Wellington -Dunn, all in favor) VOTED Clerk Grant noted that the Plan for the Wading River Park was submitted before the Planning Director was requested to stamp all material. The Board,noted that more recent plans had not been stamped and that they should be, 9. Board reviewed the preliminary Subdivision Plan for Woodland Park for land on Smiley Avenue. Board discussed the comments from the previous minutes with the meeting with Mr. Eames and Attorney White. It was noted that Attorney White plans to file a petition to abandon all the paper streets in that area. Clerk Grant noted that all abutters will have to be notified and theyhave one year to contest this action if they wish to do so. it was noted that the comments had already been discussed with Mr. Eames that had been received from the various department heads. -4 - Minutes July 31, 1974 10. Board reviewed the sewer pians for the Great Woods Development on So. Main Street. (Clerk Grant left the room and did not participate in any discussion.) The secretary informed the Board that the engineer, Ralph Maloon, had called the office to note that the sewer lift station was not on Town property but on State Property. The Planning Board reviewed the plan and noted that it was in fact on State property. Chairman Zaffini questioned if the Board could legally hold the plan up until approval was received from the State. Chairman Zaffini advised the Board thatMr. Vazza, at last weeks meeting, had requested a letter stating that all 13 items requested by the Planning Board in their letter of October 11, 1973 had been complied with. it was noted by the Secretary that Mr. Vazza was advised that once the 13 items were complied with the plan would be approved and issuance of such a letter would indicate approval of the plan. Planner MacFarlane questioned if the condition regarding the Conservation Commission had been complied with. Motion: To table the plan until the next meeting and have a comprehensive report from the Planning Director to see if all the 13 items have been complied;, with. (Wellington -Dunn, all in favor) VOTED 11. Board reviewed the Definitive Subdivision Plan for Mansfield Industrial Park Realty Trust. Chairman Zaffini noted that the tope which they used is taken from a pian in 1969 and that the topo is no longer the same as :they have filled in the pond with stumps. Chairman Zaffini informed the Board that the .Public Hearing for this plan is scheduled for August 21, 1974. Planner Wellington noted that the hearing is scheduled for August 21st and that the decision has to be made by August 25th, which means that the decision will have to be made the night of the hearing and felt that it should have been advertised for hearing when it was first submitted. Planner Wellington further noted that two Planning Board members would be on vacation and that a third member of the Board is normally scheduled for a SRPEDD meeting ,in Taunton. Chairman Zaffini noted that the Board has previously requested that all notices be published in the local paper so that this is the only time they could have the hearing. Chairman Zaffini read the Planning Board's letter of July 11th regarding the Definitive Subdivision Plan for Mansfield Industrial Park Realty Trust and the Board noted that item 7 concerning the drainage ditch which runs along the property of Palmer, the Board had requested a letter of intent to pipe this drainage ditch if the Palmer property is purchased and no letter has been received. It was noted by the Board that lot 52 would not require SitePlan Approval as it was an approved lot prior to the zoning amendments of 1974. Planner Wellington noted that they would have to straighten out the easement and property lines with respect to lot 53. 12. Board discussed the Form A Plan for Michael Cook for land on West Street. Planner Wellington noted that some of the bounds were as much as 10 and 12 feet off. Clerk Grant noted that Mr. Cook's Pian has physical evidence of being correct. Clerk Grant then reviewed the plan which Mrs. Jellinek had presented along with the deeds as he was not present at that presentation. Chairman Zaffini questioned if Mrs. Jellinek's land was acquired before Mr. Mett:ers sold the remainder of the property. Mrs. Jellinek stated that it was, as she has owned it since 1946. Clerk Grant noted that the only way the land could be tied down is to check it with Mrs. Jellineks property across the street. Clerk Grant noted that Mrs. Jellinek'x property is -5 - Minutes July 31, 1974 land courtedsso her property has to be considered to be correct. It was the tJ consensus of the Board that they could not make a decision on this property until they received a ruling from Town Counsel regarding the required frontage. 13. Board reviewed the Form A Plan for Fireside Realty Trust for land on Branch Street. Planner MacFarlane stated that he did not feel it was a good idea to have the brook piped as it could get clogged and cause it to back up; he felt that it should stay open. Planner Wellington noted that :the 1973 proposed subdivision showed the brook open instead of piped. Chairman Zaffini noted that if it is piped he will have to put in 72 inch pipe in accordance with the Master Drainage Plan for the Town. Planner Latham noted that the inverts under the railroad tracks are too high and it is causing ponding. Planner Wellington noted that the problem at the railroad tracks would not be the problem of Fireside Realty Trust. Board reviewed their letter of July 25th and noted that all conditions had been complied with. Motion: To sign the Form A Plan for Fireside Realty Trust for land on Branch Street. (Grant®MacFarlane, all in favor) VOTED 14. Board signed the Definitive Subdivision Plans for Riverside Park for land on Riverside Drive as voted at their meeting on June 26, 1974. it was noted that no appeals had been filed within the 21days with the Town Clerk. 15. Board rPOeVed the Form A Plan for Robert Currivan for land on Benefit Street. Board noted that lot B was only 4, 115 square feet with less than 100 foot frontage. However, lot B was stamped "This lot does not conform to the Zoning Bywlaw and is not a legal building lot". Clerk Grant noted that the brook was not shown in an easement. Motion: To return the pian to the applicant to have the brook put in a 20 foot drainage easement. (Grant -MacFarlane, all in favor) VOTED 17. Board reviewed the form from International Fidelity Insurance Company to the Town Engineer requesting information on the installation of improvements within 110akleaf Estates." Planner Wellington noted that it should be carefully answered, it was the consensus of the Board that regarding how much work is completed they should answer either it is complete or not complete and no further information is to be supplied. 18. Board reviewed the petition to the Board of Health from the Williams Street residents regarding the Stump Dumping within the proposed Camelot Subdivision on Williams Street. It was noted that it had been signed by 16 residents of ,,the area. Chairman Zaffini stated that he was under the impression that the Board of Health had discussed this at their meeting and noted that there were no guidelines for this. It was noted that stumps can not be burned within subdivisions. It was further noted that the location of the buried stumps is shown on the subdivision plans. Chairman Zaffini noted that the Planning Board really has no jurisdiction over this. Clerk Grant questioned if they could make them put an easement around the stump dump and label it as such. Planner Wellington noted that on roadways they have to be 5 feet below the surface, however this is just cutting and -1 eaVingtthemA n the roadway, not digging them up and burying them. Planner MacFarlane felt that the State -6 - Minutes July 31 , 1971 should have solved this before they passed the law forbidding them to burn the stumps. Planner Wellington noted that they could require that °. all unusable portions of the trees be chipped, however the cost would be quite high. it was noted that this could be incorporated into the Sub- division Control Laws. Chairman Zaffini noted that the Board of Health is concerned with the stumps being within the vicinity of the leaching fields. Planner MacFarlane noted that incorporating the requirement for chipping into the Subdivision Control Regulations or By-law would raise the cost of the home about $2,000 each. Chairman Zaffini felt that it might be a good idea to contact a State Representative on this matter. it was the consensus of the Board to write to the State Representative on this matter. 19. Board discussed the request from Cabot, Cabot and Forbes for a reduction in Bond No. 06SB 025272 in the amount of $55,566.50. (Clerk Grant left the room and did not participate in any discussion.) It was the consensus of the Board to table this item until next week and have the Planning Director check into this to see where they stand in regards to the amount of work which remains to be completed compared to the amount of the bond being held. 20. Board discussed the sewer lift specifi'eati:ons submitted by Mr. William Cahoon, Superintendent of the Water and Sewer Departments. Planner Wellington noted that all the items discussed had been corrected. Motion: To forward the sewer lift specifications to the Board of Selectmen and that they be sent to the sewer consultants for review and that they get back to the Planning Board with any changes. (Wellington -Parsons, all in favor) VOTED 21. Board discussed the warrant of August 6, 1974 in the amount of $62.26. Planner MacFarlane questioned the thoughts of the Planning Board as to whether the Planning Director should have the power to purchase, anything at anytime he wants, regardless of cost, without consulting the Board. Planner MacFarlane felt that any facilities the Planning Director needed should be brought before the Board and let the Board decide if they really needed it. Chairman Zaffini noted that the Planning Director had previously mentioned that he would be buying the binders for the Zoning By-laws. Planner MacFarlane stated that he felt it was up to the Board to decide to buy them and not up to the Planning Director. Planner Dunn stated that he felt that they pay him to make certain judgements such as this and that he felt that up to now he has used good judgement. Planner Parsons agreed with Planner Dunn. Planner Wellington stated that the last time they had done the zoning By-laws they just stapled them. Planner Dunn noted that the last copies were bound with the same Mind of binders, except a different color. Clerk Grant noted that Canton has a regular ring binder so that the pages can be taken out and replaced as the zoning is changed, however this would cost more. Motion: To sign the warrant of August 6, 1974 in the amount of $62.26. (Dunn -Parsons, Zaffini, Grant, Wellington, Latham, MacFarlane opposedyVOTED 22. Planner Wellington noted that he had read in the Falmouth paper foreclosures on property owned by a Pereira and a Boutas, both associated with Mansfield. ®7_ Minutes July 31, 1974 23. Planner Wellington stated that he would not have personally been in favor of the letter which the Planning Board sent to the State Finance Board regarding the Codex Corporation, Planner Wellington noted that in talking to members of the Mansfield Industrial Revenue Committee that the Town Manager and Planning Director knew that the recommendation had to be in two weeks before the deadline and the Planning Board members knew nothing about it until 6ifewdays before the deadline as last Wednesday was the lost day for the recommendations to be decided upon. Planner Wellington stated that the Mansfield Industrial Revenue Committee from now on will contact the Chairman of the Planning Board if they have any information for the Planning Board. Chairman Zaffini stated that if the Planning Director knew about the situation for two weeks that he should have advised the Planning Board earlier. 24. Clerk Grant questioned if anyone else on the Board had noticed flashing signs in the vicinity of Lena's Sub Shop. It was noted that none had been noticed. 25. Planner Dunn informed the Board that the Capital Improvement Committee had gone around to the different well sites and noted that the one in West Mansfield they had to go deeper than anticipated as the pump did not fit. Ike further advised that they have installed an auxiliary generator at Cates :Spring. Planner Dunn stated that he heard that the pump broke down at Cates Spring and questioned if anyone had heard anything on it. Chairman Zaffini stated that he had heard that the screen was blocked and then the shaft let go. He further noted that there was teflon packing placed on it years ago and where the shaft goes through there was no packing. Chairman Zaffini noted that while they were repairing they system they were using the fire engines to pump from the old Cates Spring well site. Chairman Zaffini advised the Board that the pump was repaired and the water was tested and that they are now pumping. 26. Planner Dunn informed the Board that during the water shortage the fire Department had filled a pool for someone and they claimed that they could do this because the request had been made three days before the water ban went into effect. 27. Chairman Zaffini informed the Board that he went out to Darby DFi-ve with Selectman Collella and Mr. Anthony Sarro on a complaint by Mr. Sarre. Mr. Sarro claims that Bristol Equipment was parking their equipment on his property while doing work in the area. Chairman Zaffini advised Mr. Sarro that this was not in the jurisdiction of the Planning Board. Mr. Sarro stated that he wants Bristol Equipment to landscape his lot 10 feet back from the road. Chairman Zaffini noted that Mr. Sarro himself had ruined the curbing by driving over it with his own equipment. Planner MacFarlane questioned why the Planning Board as a Board is not looking at the situation instead of just one person. Planner MacFarlane pointed out that if the Planning Board is going to get involved it should be as a body and not as individuals. Chair n Mini informed the Board that in talking with Mr. Sarro and Selectman " - `"�h e stated that he would like to have the members of the Board look the situation over and he did not make any decisions as he never has and never will make a;decision on his own without the Board looking the situation over as a whole. Chairman Zaffini stated that he would like the other members of the Planning Board review, the site. Minutes July 31, 1974 Planner Dunn stated that unless the situation has changed in that area that he felt it would be a waste of time. Chairman Zaffini felt that it is not the responsibility of the Planning Board in settling this matter. Clerk Grant felt that the Planning Board members should be able to look at a situation on their own as long as they don't make any decisions. 28. Meeting djourned at 11:10 p.m. z- ,Lvi-uj Clerk