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HomeMy WebLinkAboutPlanning 08/07/1974MANSFIELD PLANNING BOARD AGENDA August 7, 1974 1. Call to order (7:30 p.m.) 2. Clerk's Report a. Correspondence b. Minutes of July 31, 1974 3. Warrant 4. Visitors Agenda 8:00 P.M. Val Scarpellini 5. Old Business a. Status of Plans 1) Woodland Park - Prelim. - Smiley Ave. 9/1/71+ 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. - 8/25/71 5) Michael J. Cook - Form A - West Street - 7/30/74 6) Robert Currivan - Form A - Benefit Street - 8/13/74 b. Bond Release - Mansfield Trust - oxford Road 6. New Business Around the table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES August 7, 1974 Present: Clerk Grant Planners: Latham, Dunn, Wellington 1. Motion: To appoint Planner Wellington Acting Chairman. (Latham -Dunn, all in favor) VOTED 2. Letters were read from the following: Town Counsel to Planning Board regarding Frontage on Lot on West Street and Judge's decision in the Vazza case. Planning Board to Representative John Ames regarding Disposal of Stumps within Subdivisions. Memorandum from Planning Board to Board of Selectmen regarding Specifications for Sewer Lift Station Planning Board to Robert Currivan regarding Approval not Required Plan - Benefit Street. ( Certificate from Massachusetts Federation of Planning Boards, Inc. for membership to June 30, 1975• Plot Plan and Building Permit application for Circle C. Realty Trust for land on Branch Street Department of Community Affairs Values Represented by Building Permit Applications Filed in May, 1974• Report of Building Permits issued for the Month of July, 1974. 3. Board reviewed the Minutes of July 31, 1974 and noted the following: Page 7 item 27 to read Selectmen Colella instead of Selectmen Levine Page 2 Item 4 to read Minutes of July 24, 1974 instead of July 31, 1974. Planning Director Maurer noted that on the Codex Corporation Page 7, item 23, that he did not have advance notice of the request for recommendation in advance as indicated in the minutes. Planning Director Maurer advised the Board that he learned of the request on the Thursday before the Planning Board meeting and felt that he informed the members of the Board as quickley as possible. Motion: To accept the Minutes of iJuly 31, 1974 as amended. (Latham -Dunn, all in favor) VOTED ® 2 Minutes August 7, 1974 4. Board discussed the warrant of August 13, 1974 in the amount of $1£3.20. Planner Latham questioned what the electronic stencils were used for. Planning Director Maurer informed the Board that the Zoning By-law was typed on regular bond paper and they Iare run through a machine at either Project Spoke or SRPEDD onto the electronic stencils to be run off. Motion: To sign the warrant of August 13, 1974 in the amount of $1£3.20 (Latham -,Grant, all in favor) VOTED 5. Board met with Mr. Val Scarpellini to discuss the preliminary plans for land off of Fox Street. Mr. Scarpellini informed the Board that he is planning to bring in a short street with a cul-de-sac from Fox Street to make two house lots for his children and a third lot to sell, if needed, to help pay for the expense of the road. Mr. Scarpellini noted that he is having a problem on lot 4 obtaining perc, but lot 1 is alright and would like to start building on lot 1 as soon as possible. Planning Director Maurer informed the Board that there is a Town easement which runs behind lot 4 and it is not shown on the pian. Mr. Scarpellini questioned how soon he would be able to get started on lot 1. Planning Board informed him that he would have to have subdivision approval and then the road would have to be bonded. Planning Director Maurer informed Mr. Scarpellini that the next step would be to have the Definitive Subdivision Plans drawn up. Planning Director Maurer informed Mr. Scarpellini that once the subdivision is approved it may be possible to post the remaining lots as security on the road so that he would be able to build on lot 1. Planner Latham noted that a Public Hearing has to be held on all subdivision plans which means that it will be at least two weeks from the time the Definitive Plan is submitted. Mr. Scarpellini asked:.the Board for some idea on how long it would be before he could go in for a building permit. Acting Chairman Wellington noted that the earliest possible date would be October 1st, as they have cto hold the public hearing and once it is approved there is a twenty day appeal period before they can sign the plans, which will bring them to October 1st. Planner Latham noted that the plan does not have the zoning classification and that the town easement should be shown on the plan. Planner Latham further noted that they needed the elevations on the river. Acting Chairman Wellington informed Mr. Scarpellini that the Board would review the preliminary plan and would get back to him with their comments by the end of the week. Glerk Grant noted that there are no contour intervals shown on the plan. 6. Board met with Mr. Richard Sherman to discuss a complaint regarding the proposed subdivision Camelot at Mansfield. Mr. Sherman informed the Board that at the meeting held a few weeks ago Mr. Antosca passed on some false information to the Board as Mr. Antosca informed the Board that the trench leading to the pond had been filled. Mr. Sherman informed the Board that as of this date the trench has not been filled and the water is still draining into the pond, The Board noted that when they walked the subdivision that the trench had been filled for the first 100 feet or so and that Mr. Antosca stated he would fill the remainder of the trench. Mr. Sherman noted that this had not been done and that residents on Williams Street were complaining of water backing up into their cellars as a result of the overflow into the pond. Mr. Sherman cited three instances in which this had occured. Planner Latham noted that the threeiinstances cited have always had water problems and that when they were builtl about 10 years ago the Board did not want to sign the plans but were advised to do so. The reason the Board did -3 - Minutes August 7, 1974 not want to sign the plan was the proposed site had been a skating pond and the Board felt that there would be water problems there. Mr. Sherman noted that for the past seven years the owners claim they have had no water in their cellars and they are now getting water again and feel that it is from the trench to the pond. The Board noted that once the drainage is installed for the subdivision that it will not flow into the pond at all but up through lot 16 and into the Hodges Brook. Mr. Sherman requested the Board to consider what effect the work being done has had on the existing homes. 7. Board discussed the preliminary subdivision plans for Woodland Park. Planning Director Maurer felt that the items noted in the discussion with the applicant should be sent out to the applicant for correction, such as the property lines in the vicinity of MacFarlane and Shaw if they plan to abandon the paper streets in these areas, the three way gate valve on So. Main Street, and the straightening out of the Zoning line. Planning Director Maurer informed the Board that residents of the area were in to review the plans during the week and the residents stated that they did not want Smiley Avenue extended. it was noted by the residents that abandoning the paper streets would extend the property Line of Davidson to the center line of the paper street. Weber noted that they had a water problem when they first bought their home, but this was eliminated with the improvement to the Back Bay Brook. Planning Director Maurer reminded the Board that the expiration date on this plan was September 1st., Motion: Ta inform the applicant of the additional information which will be required as per the meeting with the applicant on July 24, 1974. (Latham -Grant, all in favor) VOTED 8. Board discussed the preliminary subdivision plans for Wading River Park and noted that a letter regarding the status of two submissions of the same plan had not been received from Town Counsel as of this date. Planning Director, Maurer noted that the second submission was to freeze the zoning and the only changes in the zoning that would effect this plan would be the Wetland Protection act. Planning Director Maurer noted that the time limit had already run out for consideration by the Planning Board and they still have not received a ruling from Town Counsel. 9. Board discussed the plans for the Great Woods Development. (clerk Grant left the room and did not participate in any discussion, which left the Board with no quorum.) Planning Director Maurer presented the Board with a memorandum showing the status of the 12 points required in the Planning Board's letter to Mr. Vazza dated December 27, 1973. It was noted that item #9 is the point in question as it refers to the meeting of require- ments of the Board of Health, which was to perc every lot, and Mr. Vazza then submitted to the Board the proposal for Town Sewer connection. Planning Director Maurer noted that in the past he had received some wrong information as he was under the impression that Mr. Vazza had been to the Conservation Commissi6n. In reviewing the minutes from the Conser- vation Commission and talking to the Chairman of the commission it was later discovered that Mr. Vazza has not formally been before the Conser- vation commission. It was further noted by the Board that the Conserva- tion commission can take no aotion on this until the plan is approved by the Planning Board. Planning Director Maurer informed the Board that in regards to the lift station, they could go back and ask the State if they would consider a lift station on State owned property by a private -4 - Minutes August 7, 197LF { developer. Acting Chairman Wellington noted that this would not be fair to do as the lift station, would in fact, become Town owned and not re- main private owned. It was noted by the Board that they have held this plan up for two years and the state has still taken no action to take the land. Acting Chairman Wellington noted that at a previous meeting with the State DPW that the Planning Director advised the Board that the state is considering it a duty of the Town to hold up this sub- division. Acting Chairman Wellington stated that he would, in fact, like thissr,in writing, as he did not feel it was up to the Planning Board to go to court because the State has not taken the property yet. Planner Dunn noted that once the amendments to the sewer plans that were requested are made that the plan will then comply to all the conditions requested. Acting Chairman Wellington noted that they should obtain a letter from the State saying that Mr. Vazza can not dig into the road for five years as their policy has stated. Planning Director Maurer noted that if this letter is obtained that in two years Mr. Vazza would have to come before the Board again as when the plans were submitted Mr. Vazza signed a form.that all utilities would be Installed within two years of approval of the plan. To be discussed further at the next meeting. 10. Boardireviewed the definitive subdivision plan for Mansfield Industrial Park Realty Trust along with a memorandum prepared by the Planning Director with the comments from the various department heads. Planning Director Maurer noted that, in addition to the comments noted in the memorandum, the Planning Board should also request that the laterals for water installation should be installed at the time of the construction of the roadway and that the water line should be carried right to the end of the cul-de-sac. Planner Latham felt that this should be incorporated into the Subdivision Control Regulations. Board suggested that the easement on lot 54, which runs along lot 53, be extended in front of the cul-de-sac and the drain line should cross under the proposed right-of-way. Acting Chairman Wellington noted, that if the drainage is put into a closed system as suggested by the Planning Director's memorandum that they should put,a catchbasin in the vicinity of the railroad tracks to catch storm drainage. Planning Director Maurer suggested forwarding the comments to the Mansfield ' Industrial Park Realty Trust to have the corrections made before the Public Hearing, which is scheduled for August 21, 1974. It was the consensus of the Board to write to the applicant and advise frim of the corrections to be made as per the memorandum from the Planning Director, in addtion to the comments noted at this meeting. Acting Chairman Wellington noted that there were six comments in the memorandum which have become standard for all subdivision plans regarding the installation of the utilities and felt that the standard criteria should be requested at the time of the submission of the plan so that when the plan is submitted it cuts down on the work for the department heads, the discussion of the Planning Board, and the size of the letter containing the comments to the applicant. 11. Board discussed the Form A Plan for Michael Cook for land on West Street. r Planning Director Maurer advised the Board that Mr. Cook had come in and taken his plan. Mrs. Jellinek reminded the Board that the Town Counsel had advised that Mr. Cook would have to go to the Board of Appeals for 5 Minutes August 7, 1974 t a variance to be able to build on this property and questioned if the Board was going to make a comment on the plan to the Board of Appeals regarding the engineering discrepancies. Clerk Grant noted that it is not up to the Planning Board to determine which plan was correct, that it would have be be determined through Land Court and it would be up to the state to guarantee title. Mrs. Jellinek noted that this is the 3rd time on her property that there has been difficulty with this Board, for example when Mr. Millette came in with the plans for the Circle C estates there was a covenant signed by Mr. Millette when he was not the rightful owner of the property. Mrs. Jellinek noted that it was the same engineer and the same Planning Board. Planner Latham informed Mrs. Jellinek that if her land is Land Courted her land would be considered to be correct and the other property would be disputed. Mrs. Jellinek stated that she felt that they were planning to use this lot to put a road through to the abutting proposed subdivision. Planning Director Maurer noted that if this is the case, the plan would have to be reviewed as a subdivision plan and can be disputed at that time. 12. Board reviewed the Form A Plan for Robert Currivan for land on Benefit Street. It was noted that the brook had been put into a 20 foot drainage easement as requested. Motion: To sign the Form A Plan for Robert Currivan for land on Benefit St. (Latham -Grant, all in favor) VOTED 13. Board discussed the request for reduction in bond for Cabot, Cabot, and Forbes for Oxford Road. (Clerk Grant left the room and did not participate in any discussion, which left the Board with no quorum) Board reviewed the memorandum prepared by the Planning Director pertaining to the work to be completed compared to the amount of the bond being held. The Board members present felt that the letter could be written for the reduction in bond as suggested by the Planning Director and held to be voted at the next meeting. 14. Board discussed the preliminary subdivision plan for Val Scarpellini. Planning Director Maurer informed the Board that in talking with the engineer of the plans, that this is not a formal submission as all the information required has not been obtained. It was noted that lot I did not show 100 feet of frontage but only 97 feet. It was the consensus of the Board to advise Mr. Scarpellini to have the definitive plan drawn up and to advise him of the comments cited at this meeting, as well as the general comments which have been received on all subdivision plans from the various department heads. Planning Director Maurer questioned if the sidewalks could be waivered on one side of the street as there are no sidewalks on the adjoining streets and it would only be serving three lots. It was the consensus of the Board that, if requested, the sidewalks could be waivered from both sides of the street, with the condition that they be installed if any further development is considered. The Board felt that if there is an existing Town easement across the property it should be shown and that the existing elevations should be shown on the river. 15. Planner Dunn questioned if the incoming plans are now being stamped. Planning Director Maurer informed the Board that a system has now been set up whereby a form is signed by the applicant when the plans are returned and that the date of receipt of all the plans are on the form. It was the consensus of the Board that the prints of the plans should stilt be stamped!wiith the date they are received. - 6 - Minutes August 7, 1974 16. Acting Chaimian Wellington advised the Board that there was an article in the Boston Globe that the 1974 zoning enabling articles went down the drain. Acting Chairman Wellington pointed out that the articles had been approved by both houses and went to be printed for the Govenors signature and were mislayed and not signed in time. 17. Planning Director Maurer advised the Board that Christian and Schromm would be coming in shortly with plans to extend Village Estates in the vicinity of the hammerhead cul-de-sac and that they are ready to landscape the house adjacent to the cul-de-sac. Planning Director Maurer noted that if the extension is approved that the cul-de-sac would be eliminated in that area and that they are questioning whether to landscape to enhance the cul- de-sac or eliminate it. It was the consensus of the Board that the land- scaping could be so as to eliminate the cul-de-sac with the condition that if the extension is not approved, the bond would not be released until the cul-de-sac was installed in conformance with the plans endorsed. Motion: To advise the applicant that the cul•de:®sav:.cou:ldbe eliminated with the condition that if the extesnion is not approved, the bond would not be released until the cul-de-sac was installed in conformance with the plans endorsed. (Grant -Latham, all in favor) VOTED 18. Planning Director Maurer advised the Board that Christian and Schromm would be submitting preliminary plans for the land abutting Coach Road. Planning Director Maurer noted that the regulations for subdivisions require a 150 foot center line radius, and that Christian and Schromm is considering asking for a waiver of this requirement, or the possibility of having right angles in the roadway in the vicinity of lots 5 and 8. It was the consensus of the Board that they will not accept right angles on the roadway. Acting Chairman Wellington felt that they could possibly consider a smaller centerline radius. Acting Chairman Wellington noted that there would not be much through traffic on this street. Clerk Grant noted that they could use the radius which was required in the old Subdivision Regulations, which is an 80 foot centerline radius. Planning Director Maurer felt that they should be required to::'stub'.the road at the edge of their property parallel with Lantern Lane as this was required of the roadway off of Gale Road for future development. 19. Planning Director Maurer informed the Board that the Building Inspector hasrai edquestion on the interpretation of the new zoning by-law regarding the submission of a plot plan for all building permits issued for new buildings and additions. It was noted that there is no problem on new buildings but persons wanting to put a 10 foot addition on their homes have complained about the surveying cost. Planning Director Maurer also noted that persons wbnti.ng to erect a small tool shed would have a large expense of the surveying. Planner Latham noted that the Board considered a sketch as the plot plan for small tool sheds and pools and other items of this nature but the intent of the plot plan was to make sure that new construction of dwellings and additions to existing dwellings are in conformance with the Zoning By-law requirements. -7w Minutes _7, 197+ 20. Planning Director Maurer advised the Board that in talking to the Town Manager that it was noted that the Back Bay Brook is proposed for re- location for Potters subdivision on Branch Street, and the subdivision for Rewlew Trust on Smiley Avenue and questioned what affect the re- location would have an abutting property. The Town Manager questioned if standards should be put on angles to prevent problems on abutting land. It was noted that the Conservation Commission has no standards of this and Planning Director Maurer felt the Board should give this some thought. 21. Clerk Grant advised the Board that there would be a Capital Improvement Committee meeting on Thursday, August 8th at the Highway Garage. 22. Meeting adjourned at 9;35 p.m. 1�' to