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HomeMy WebLinkAboutPlanning 08/14/1974MANSFIELD PLANNING BOARD AGENDA August 14, 1974 1. Call to order (7:30 p.m.) 2. Clerk's Report a. Correspondence b. Minutes of A.ugpsti 7,i 1974 3. Warrant 4. Old Business a. Status of Plans 1) Woodland Park - Prelim - Smiley Ave. - 9/1/74 2) Wading River Park - Relim. - 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 b. Bond Release - Mansfield Trust - Oxford Road 5. New Business a. Zoning Board of Appeals J) Edward A. Sliney 2) Doris M. Hughes 3) Sidney ,Arnold b. Around the Table 6. Adjournment Other Meetings: Public Hearing - Dustin Well Site - August 15, 1974 Massachusetts Department of Public Health 600 Washington St. MANSFIELD PLANNING BOARD MINUTES August 14, 1974 Present: Clerk Grant, Chairman Zaffini Planners: MacFarlane, Wellington, Latham, Parsons, Dunn Planning Director Maurer Letters were read from the following: Mansfield Industrial Park Realty Trust to Planning Board with intent to pipe drainage upon acquisition of the Palmer Property and covenant for proposed subdivision. Planning Board to Rewlew Trust regarding Preliminary Plan for Woodland Park. Planning Board to Christian & Schromm, Inc. regarding Village Estates. Planning Board to Mansfield Industrial Park Realty Trust regarding Definitive Subdivision Plan for Mansfield Industrial Park Realty Trust. State industrial Finance Board enclosing environmental assessment form for the Codex Corporation. Town Manager to Insurance Services Office regarding presentation of July 24, 1974. Planning Board to Olividio A. Scarpellini regarding preliminary subdivision plan for land off Fox Street. 2. Motion: To accept the Minutes of August 7, 1974 as presented. (Wellington -Dunn, all in favor) VOTED 3. Motion: To sign the warrant of August 20, 1974 in the amount of $12.19 (Latham -Wellington, all in favor) VOTED 4. Planning Director Maurer advised the Board that regarding Woodland Park a letter was sent to the applicant requesting specific information and there has been no response to date. 5. Planning Director Maurer advised the Board that regarding Wading River Park Preliminary Subdivision Plan that a letter was sent to Town counsel and no response has been received as of this date and that he tried to contact Town Counsel and found that he was out of Town. It was the consensus of the Board to let the Preliminary Plan go and Wait for the definitive plan to be submitted. 2 -- Minutes August 14, 1974 6. Board discussed the plans for the Great Woods Development. (Clerk Grant left the room and did not participate in any discussion.) Planning Director Maurer informed the Board that he talked with a gentleman from the State yesterday and was advised that the State has acquired the property. The State representative advised the Planning Director that Mr. Vazza has entered a suit against the State and the Town of Mansfield because they have delayed the project. Planning Director Maurer noted that he could not contact Town Counsel to see if a suit has been entered against the Town. It was noted that question was raised at the last meeting regarding acquiring permission from the State to hook into the sewer and open the road. Chairman Zaffini noted that last weeks minutes stated that Mr. Vazza had not been formally before the Conservation Commission. Motion: To request a letter from the State Department of Public Works regarding the procedure on permits for the installation of sewer on State owned property and if permission is going to be given to open the road for installation of utilities before the five year period is up. Letter to be sent to Robert Teirney, Chief Engineer at 100 Nashua Street in Boston with a copy to Permits Division in Taunton. (Latham -Wellington, all in favor) VOTED 7, board reviewed the FormA Plan for Mansfield Trust for Land on Forbes Boulevard. (Clerk Grant left the room and did not particpate in any discussion.) It was noted that lot 232 is the lot which they are seeking approval on as a plan has been approved previously for lot 234. Motion: If there is a quorum at the next meeting, the Form A Plan for Mansfield Trust for land on Forbes Boulevard be signed. (Wellington -Parsons, all in favor) VOTED 8. Board discussed the request from Cabot, Cabot and Forbes for a reduction In the performance bond of Aetna Casualty Company No. 06 SB 025272 in the amount of $55,566.50 being held for work on Oxford Road, It was noted that all that remains to be completed is 3,300 square yards of one inch bituminous top and fourteen stone bounds. (Clerk Grant left the room and did not particpate in any discussion.) Motion: To reduce the performance bond of Aetna Casualty Company no. 06 SB 025272 for work to be completed on Oxford Road, by $45,345.50 and to retain $10,221.00 until all work is completed. (Wellington -Latham, all in favor) VOTED 9. Board discussed the definitive subdivision plans for Mansfield Industrial Park Realty Trust for land on Francis Avenue. Planning Director Maurer advised the Board that the only response on the letter sent to the applicant is the letter of intent for the drainage if the PW- mer property is acquired and the covenant has been received. Planner Wellington suggest that copies of the letter of intent be filed with other offices incase the original is lost. Planning Director Maurer advised that he would file it with the Town Clerk's office. ® '3 ti Minutes August 14, 1974 10. Board reviewed the notices of 'hearings for the Board of Appeals on the applications of Edward A. Sl ney and Doris M. Hughes for variances to establish a lot for dwelling purposes with an area of 8200 square feet at 96 Charles Street and to sell a strip of land with 32 feet frontage at 106 Charles Street which would leave the lot with $,000 square feet in area. Planning Director Maurer informed the Bpard that this is adjoining land in which Mrs. Hughes would be selling a portion of her lot to Mr. Sliney leaving both lots with approximately 8,000 square feet. It was noted that Mr. Sliney's lot is a non -conforming lot but was in existance prior to zoning as the building burned and he now wishes to put a duplex house on the lot and the way the house sets on the lot will depend on the sale of this property. Board questioned when the notices were received by the Planning Board. Planning Director Maurer informed the Board .that it was received on August 9th. Board noted that these hearings had already been advertised in the paper. Motion: To write a letter to the Board of Appeals requesting that they extend the courtesy to send the Planning Board copies of the notices of Public Hearing at the time that it is sent to press ,for advertising to give the _Board time to review the applications properly. (Wellington -Grant, all in favor) VOTED Planner Wellington noted that the applications are not completely filled out as the abuttors are not listed within 300 feet, and the application for Mrs. Hughes is not signed. Planner MacFarlane noted that the Planning Board should not be concerned with if the forms are filled out or not but on the situation itself. Motion: To write a letter to the Board of Appeals recommending favorable action on the requests for variance of Edward A. Sliney and Doris M. Hughes. (Wellington -Parsons, all in favor).VOTED ii. Board reviewed the notice of hearing, for the Board of Appeals on the application of Sidney Arnold for a variance to construct a small barn and have pohites at 245 Branch Street, in a Residence A Zone. Planning Director Maurer noted that a portion of Mr. Arnold's property is in industrial Zone however most of the property is in Residence A, so that is where he would like to construct the barn. It was noted by the Board that he owns approximately one acre of land. Motion: To write a letter ;to the Board of Appeals recommending favorable action on the request for variance of Sidney Arnold. (Latham -Grant, all in favor) VOTED 12. Mrs. Jellinek met with the Board to ;discuss the Form A Plan for Michael Cook for land on West Street. Mrs. 'Jellinek noted that a letter was sent to Town Counsel on the 19th of July asking about the frontage requirement and there was no answer from Town Counsel until the 31st of July and that on August 6th the plan was taken by Mr. Cook -and signed by the Town Clerk as no action being taken by the 'Planning Board. Mrs. Jellinek questioned what the Planning Board was going to do about this as Mr. Grady has stated that this is not a buildable 'lot and the plan can now be filed. Planning Director Maurer stated that when, the Plan was taken by Mr. Cook he was -4 - Minutes August 14, 1974 advised of the reply from Town Counsel and that as of 1:00 o'clock today that the plan has not been recorded at the Registry of Deeds. Mrs. Jellinek noted that the Planning Board did not reject the Plan until they heard from Town Counsel and stated that she would like to know why, as this is the 3rd time on her property that something like this has happened. Chairman Zaffini stated that he did not know what the Planning Board could do now as the Plan has been taken by Mr. Cook. Mrs. Jellinek stated that she would have to make the Planning Board responsible as they did not reject the plan when they should have, and now Mr. Cook has all the rights to file the plan. Clerk Grant stated that it seems that all of this is coming about because the Town Counsel is taking his time in answering the Planning Board's letters. Planning Director Maurer stated that he felt it would be unwise, where they talked about writing for an opinion from Town counsel, to disapprove the plan while they are waiting for his opinion because they will be taking action which may be incorrect and it is unfortunate that the letter did not come sooner, but he did not see how the Board could have acted any different. Mr. Haskell met with the Board and questionedhow Mr. Cook could present a plan with frontage different from what the deeds show. Clerk Grant noted that the Planning Board can not determine which engineer is right, and they can not go to the Registry of Deeds everytime a plan comes in to check the deeds. Clerk Grant noted that the only way to dispute it is to go to land court to determine which engineer is correct. planning Director Maurer noted that under the General Laws when the Planning Board endorses a form A plan all they are saying is that it does not require approval under the subdivision control laws, and that they cannot say which plan is correct as that is the responsibility of the engineer. Planning Director Maurer noted that endorsement is not saying that the dimensions are correct they are just saying that the plan does not require approval under the subdivision control law. Planning Director Maurer noted that if the plan does not conform to zoning that the applicant has to apply for a variance. Mr. John Gross met with the Board and questionedthe statement that the Planning Board is not lawyers and noted that this is the reason for Town Counsel and that if Town Counsel is not advising the Board as he should then the Planning Board should inform the Board of Selectmen of this. Mr. Gross questioned if the Planning Board could take action against a certain engineer if he felt he was incorrect. Clerk Grant noted that the Board of Registrar's is the only ones who can act. Planning Director Maurer stated that he did not feel if was up to the Planning Board to become mini -land courts. Mr. Gross questioned if it would be up to the abutters to bring this to the courts. Planning Director Maurer informed the Board that in a conversation with the engineer, the engineer states that the land court bounds are the same on Mrs. Jeliineks plan as they are on Mr. Cook's. Mr. Haskell questioned why the Board did not rely on the deeds. Clerk Grant noted that the deeds which Mrs. Jellinek had were drawn up from the plan and they would have to go back to even older deeds to check this out. Mr. Gross stated that he felt the Planning Board should try to find out why the Town Counsel has not answered the Planning Board's letters. Planning Director Maurer noted that there are two instances this evening in which the Town Counsel did not reply immediately, however the Planning Board has asked for quite a few opinions and for the most hart have gotten a response directly. -5 - Minutes August 14, 1974 Reporter Alan Johnson asked the Board if they certify that it is a buildable lot when they sign a Form A Plan. Planning Director Maurer stated that if a plan is endorsed it is understood that it is a buildable lot unless there is a note on the plan. Planning Director Maurer advised Mr. Johnson that the Building Inspector has already been informed that this is not a buildable lot and no permits are to be issued on this. 13. Planner MacFarlane questioned if anyone has been around the South Cornton as it is being ruined in the same manner in which was done in East Mansfield. It was noted that the granite posts are broken off. 14. Planner Parsons stated that he wasconccrned that Town Counsel had not responded to the Planning Board's letters. Planning Director Maurer noted that overall the Board gets good response. Planner Parsons felt that he should respond within 14 days or have someone he can refer the Planning Board to. 15. Chairman Zaffini questioned if Owens-Illinois replied ,in regards to the fence for the retention area. Planning Director Maurer noted that no response had been received, and that Ryan and Elliot questioned when the Planning Board was going to okay the retention area as Owens-Illinois does not want to pay any more of their share until they know the Planning Board will give their approval. Planning Director Maurer noted that the Planning Board should not approve it until Owens-Illinois does the foaming and seeding as required. 16. Chairman Zaffini stated that he noted in last weeks minutes that the Zoning Enabling Act had gone down the drain and felt that the Board should now go ahead and consider any zoning changes they had discussed previously. 17. Planning Director Maurer informed the Board that there is a public hearing on August 15th at 1:30 at 600 Washington Street, Boston, Room 320 for the land acquisition on Dustin Well site. Planning Director Maurer noted that he would be attending along with Bill Cahoon, Supt. of water and sewer and Tom Bonome, Director of Public Works. Planning Director Maurer informed the Board that the state has approved the well itself, and noted that the State sent a letter to the .Board of Selectmen with four conditions to be complied with, and the State noted that they are below the acceptable limits but will require monitor testing. Planning Director Maurer noted that at the hearing the Town is asking for them to approve the site so that the land can be acquired and a special town meeting will be held in mid-September to ask for money for the construction of the well facilities. Chairman Zaffini questioned where the free cash came from 'rfor this project. Planning Director Maurer noted that with the new 18r.month lbudget the books were not closed out until the first of July and there is money which different departments have not expended their budget. 18. Planning Director Maurer informed the Board that a meeting was held on August 8th of the Capital Improvement Committee and the road conditions were discussed. Planner MacFarlane questioned if the catchbasin cleaner was discussed again. Planning Director Maurer noted that they did not discuss any.equipment. Motion: To wend a letter to the Town Manager to question if the cleaning of the catchbasins has been sent out to bid yet. (MacFarlane -Wellington, all in favor) VOTED d6 - Minutes August 14, 1974 19. Planner Latham questioned how the blest Mansfield well was coming. Planning Director Maurer noted that it is going good as they are waiting for pipes. Planner Dunn noted that it will take 54 weeks for the power controls for the pumps. 20. Planner MacFarlane questioned when the bids were going to be opened for for installation of the water mains on South Main Street. it was noted that the bids would be opened on Monday, August 19th. 21. Meeting adjourned 5;50 p.m. Date