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HomeMy WebLinkAboutPlanning 09/18/1974M4NSFIELD PLANNING BOARD AGENDA l September 18, 1974 1. Call to order (7:30 p.m.) 2. Clerk's Report a. Correspondence b. Minutes of September 11, 1974 3. Warrant 4. Visitors Agenda, 8:00 P.M. Bernard Martin re. Green Acres Subdivision 5. Old Business a. Status of Plans 1) Mansfield Industrial Park Realty Trust - Form A - Francis Ave. - 9/18174 j 2) Debra Ann Realty - Form A -Oakland street - 9/19/74 ( 3) Camelot at Mansfield - Definitive Subdivision - Williams St. - 11/10/74 j b. Street Acceptance - Magna Vista, Beliview Manor c. Hodges Brook d, Zoning Amendments e. 1975-76 Planning Board Budget f. Legislation for Stump Burning 6. New Business around the table 7. Adjournment M4NSFIELD PLANNING BOARD MINUTES September 18, 1974 Present: Clerk Grant Planners: Dunn, MacFarlane, Parsons, Latham, Wellington Planniry Director Maurer 1. Motion: Toaappoint Planner Wellington Acting Chairman (Grant -Dunn, all in favor) VOTED 2. Letters were read from the following: Board of Health to Doulas King regarding Canoe River Acres Subdivision. -set aside Mass. Department of Public Health to Board of Water Commissioners regarding Public Water Supply Approval of Acquisition of Lands in Mansfield for Water Supply Purposes. Planning Director to Henry Crapo, Registry of Deeds regarding Street Acceptance Plans. Town Counsel to Planning Board regarding Debra Ann Realty - set aside. Board of Selectmen to Planning Board regarding joint meeting with the officials :from Foxboro, Norton and Mansfield and the Water Pollution Control Division. Mass. Department of Public Works to Planning Board regarding installation of sewer pipes within the Route 140 right of way. Planning Board to Board of Appeals regarding applicationoof Benjamin J. Grudinskas. Planning Board to Turinese and Eagan regarding Bond Estimate for Brookside Estates. Planning Board to Ryan -Elliott & Company regarding Release of Securities for Mansfield Industrial Park Realty Trust. Planning Board to Turinese and Eagan regarding damage to sidewalk on Brookside Drive. Memorandum from Planning Board to department heads regarding d1ofinit+ve subdivision plan for Camelot at Mansfield. Town Manager to Department Heads, Boards and Commissions regarding National BiCentennial projects. - set aside Petition of Vicino Buick, Inc, to reg one a section from itsipresent classification to Business C. - set aside. Board of Appeals decision on the application of Doris M. Hughes - Granted Board of Appeals decision on the application of Edward A. Sliney - Granted Board of Appeals decision on the application of Sidney Arnold - granted with restrictions. - 2 - Minutes September 18, 1974 SRPEDD Environmental Assessment Form Review. 2. Motion: To accept the minutes of September 11, 1974 as presented. (Latham -Dunn, all in favor) VOTED 3. Board discussed the warrant of September 24, 1974 in the amount of $37.14. Acting Chairman Wellington questioned what calls had been crossed off the telephone bill. Planning Director Maurer noted that these were calls made by Ryan, Elliott and Company and that they are being transferred by the telephone company. Motion: To sign the warrant of September 24, 1974 in the amount of $37.14. (Dunn -Grant, all in favor) VOTED 4. Board reviewed the Form A Plan for Mansfield Industrial iPark Realty Trust for land on Francis Avenue. The Board noted that all the changes requested had been made. Motion: To sign the Form A Plan for Mansfield Industrial Park Realty Trust for Land on Francis Avenue. (Latham -Dunn, all in favor) VOTED 5. Board discussed the Form A Plan for Debra Ann Realty Corp. for land on Oakland Street. Planning Director Maurer informed the Board that the plan had been returned with the cross-reference to the Board of Appeals Decision of May 16, 1972, as per the Planning Board Regulations. However, the(; letter read from Town Counsel stated that the Board should notify the Town Clerk that they will not endorse the plan because it is in conflict with the Board of Appeals decision. Motion: To formally inform the Town Clerk that the Planning Board will not endorse the Form A Plan for Debra Ann Realty Corp. for land on Oakland Street because it is in conflict with the Board of Appeals decision. (Dunn -Latham, all in favor) VOTED. 6. Board met with Attorney Bernard Martin, applicant Charles Boutas and engineer Ralph Maloon to discuss the proposed Breen Acres Subdivision in Mansfield for land off Maple Street. Mr. Martin advised the Board that they are unable to acquire easements down stream and asked the Board to show them what they would have to do to correct the structure of the area for their approval. Planning Director Maurer advised Mr. Martin that the Board is concerned with the question of the developability of certain sections of the site with the retention area, and that they are opposed to that type of way of handling the drainage. Mr. Martin questioned if there was some other area in which they could build the retention area. Planning Director Maurer noted that it is not the Board's responsibility to engineer the project out for them. Mr. Martin felt it was the Board's responsibility to tell the developer what portion of the regulations he does not comply with. Planning Director Maurer stated that they are opposed to the concept of the drainage, and that the Board reviewed the plan in the definitive stage and did not have the opportunity to review this in the preliminary stages. Engineer Maloon noted that there was no way they could take the water across Maple Street. Planning Director Maurer questioned if the related improvements were made in Winter Street without the drainage easements if it would improve the drainage on this site. Mr. Martin felt that this would go beyond the scope of the authority of the Planning Board. Engineer Maloon stated that he did not think ®g_ Minutes September 18, 1974 the improvements at Winter Street would make any difference as it would not change the swamp area between Winter and Maple Streets. Planning Director Maurer :noted that the retention area is calling for the storage of water which will back up onto residential owners. Engineer Maloon noted that this could be eliminated by taking 2 lots instead of 1 but quest<i.oned if the Board would object to a retention area near the road. Mr. Martin stated that he felt between the Hatch Act, Board of Health, and Planning Board that they were intermingling the authorities of the Boards as it is up to the Board of Health to limit the lots that will not be buildable. Clerk Grant noted that the drainage system comes under the regulations of the Planning Board. Planning Director Maurer noted that when the Board notes certain restrictions or standards that the Conservation Commission is going to impose on the developer that the Planning Board tries to incorporate their ideas at this stage instead of having them come back with amended subdivision plans. Clerk Grant noted that this concerns the drainage of the subdivision as a unit and not individual sites. Mr. Martin stated that it was his thought to take a couple of lots near lot 47 and 48 and put the retention area in there and then the only water that would flow into the Maple Street system would be the lots near the front of the subdivision. Engineer Maloon questioned if there was any objections to the retention area being near Maple Street. Mr. Martin questioned if the Board was going to request another set of plans. Planner Latham stated that they would not need all new plans but a drainage system. It was noted that lots 48 and 47.were at water table so that this would not make a good retention area. Engineer Maloon noted that lots 21 and 22 would be easier to use for retention. Engineer Maloon to draft up a preliminary plan for drainage. It was the consensus of the Board that they would prefer the detention area in the back of the subdivision. Mr. Martin questionedwif there was anything in the Planning Board regulations which stated that they could not'have a retention area next to the road. Clerk Grant noted that the drainage is left to the discretion.: -of the Planning Board, Mr. Martin presented a letter to the Board and stated that he did not feel the Boards decision was correct as they did not state under what regulations the applicant did not comply. Planning Director Maurer noted that there had been much correspondence regarding the drainage for the property and that the applicant has responded as being aware that this was the reason the plan was not approved. Mr. Martin noted that his letter requested a notice of what statute the applicant does not comply with. Clerk Grant read the letter presented aloud. Mr. Martin stated that (they would try to work something out with the engineer, but he would like to know where they did not comply. Board to advise at a later date. 7. Board met with Mr. John Adams to discuss the Form A Plan for Debra Ann Realty, for land on Oakland Street. It was noted that the note had been added to the plan referencing the plan to the Board of Appeals decision of May 16, 1972. Planning Director Maurer advised Mr. Adams that the Town Counsel advised the Board not to endorse the plan as it is in conflict with the Board of Appeals Decision, and that the Board had discussed this previously during this meeting and voted to not endorse the plan as stated in the Town Counsel's letter. -4 - Minutes September 18, 1974 8, Board discussed the Meeting with Mr. Martin regarding the Green Acres Subdivision. Planning Director Maurer noted that one thing that the attorney failed to advise the Board was that they had had 20 days to appeal the decision of the Board and this was not done. Clerk Grant noted that he is requesting somathi-ngin writing to use against the Board and felt that they should be very cautious as to how they answer his request. Planner MacFarlane noted that it was not a question of not complying but a question of submitting an alternative which they proceeded to obtain but did not obtainin time for the Planning Boards decision. Planning Director Maurer noted that three extensions of time had been granted to the applicant to give him time to comply with the Planning Board's request. Planner Dunn noted that the original plan had a retention area based on Form A plans and the Board informed him that he would have to revise the Form A Plans, which he never did. Acting Chairman Wellington requested the Planning Director to take out all the history of the Form A Plans and check when they were filed at the Registry and try to tie it in with the comments of the easement over the 10 lots. Planning Director Maurer to comprise a letter for the next meeting making reference to the Form A Plans for the 10 lots. 9. Board met with Mr. Raymond Payson to review the site plan for the United National Bank for land on Chauncy Street, Planning Director Maurer noted that the only question on the plan would be the drainage and the sewer. Mr. Payson noted that they would not be having as much water shed as when the gasoline station was there as they would be doing away with some of the pavement, Mr. Payson stated that he his suggesting that they put the drainage into catchbasins then into the open ditch at the end of Crocker Street and that they could Put some leaching into the basins and have a pipe ;at a higher elevation. Acting Chairman Wellington questioned if it would make a difference to the bank if the exit out onto Crocker Street was made one way and noted that plans have been made to make Crocker Street one way going east. Mr. Payson stated that this would not create any problem. Mr. Payson stated that he would be obtaining the necessary, sewer permits. 1 Board reviewed the site plan further after Mr. Payson left, Board noted that there would be a reduction in the amount of run-off. Acting Chairman Wellington stated that i:f there is ;a water problem on Chauncy Street to recommend a couple of feet of perf%rated underdrain out at an elevation 6 inches below the elevation of the invert, and to leach some of the water into the ground, fi Motion: To recommend approval of the site plan for United National Bank to the Building Inspector with the stipulation that leaching basins be installed. (Latham -Dunn, all in favor) VOTED 10, Board reviewed the Form A Plan for the Town of Mansfield for land which is to be taken by eminent domain for the Dustin Well site on East Street, It was noted that the name of Cavallaro was left off the Form A application. Board noted that the locus plan shows the entire Dustin property instead of just the site in question. Motion: To sign the Form A Plan for Town of Mansfield for land off East Street once the necessary corrections are made. (Grant -MacFarlane, all in favor) VOTED -5 - Minutes September 18, 1974 i Il. Board reviewed the Form A Plan for Mansfield Trust.foreland on Oxford Road. (Clerk Grant left the room and did not participate in any discussion). Planning Director Maurer advised the Board that they had previously endorsed a plan for this same lot for the water tank and the linen•:•was mislayed before it was filed with the Registry of Deeds. Motion: To sign the Form A Plan for Mansfield Trust for land on Oxford Road at the next meeting. (MacFarlane -Parsons, all in favor) VOTED 12. Board reviewed the definitive subdivision plan for Camelot at Mansfield. It was noted that the drainage easement across the property of smith does not have final approval as Mr. Smith wants the roadway easement deeded to him in return. It was noted that lot 18 does not have enough frontage due to the roadway easement. Planning Director to obtain assessors maps showing the property beyond the roadeasement. It was noted that the electrical notes had been added to the plan and additional hydrant notes were added however, the fire alarm notes still had not been added. Planning Director Maurer advised the Board that he had an appointement for Thursday to walk the site with the engineer to locate the brook. Acting Chairman Wellington suggested that the engineer or the developer walk the site with them on Sunday morning to show them where the brook goes and thatLthe Planning Director is not to walk it ahead of time as it is up to them to find the brook and stake it out and that their presence is to be requested at the field trip. Acting Chairman Wellington felt that it shouldbe added to the subdivision regulations that the roads be staked out when the definitive plans are submitted. Planner Latham felt that the test pits should be marked also. Planning Director Maurer to,write Mr. Antosce a letter that they will meet him at the site on Sunday at 8:00 a.m, at the entrance to the property on Tremont Street. 13. Planning Director Maurer noted that on StreetiAcceptance he is waiting.for a confirmation back from the registry of deeds that it is possible to accept streets and reference the article of acceptance that will be recorded to the plan previously approved and recorded. 14. Planning Director Maurer advised the Board that the budgethas to be submitted by October 7, 1974. It was the consensus of the Board that the Planning Director submit a proposal to the Board at the next meeting for this. ,'Planner Latham questioned what would have to be done about putting the budget back to the first of the year. It was noted that the legislation would have to be petitioned for this. 15. Board discussed the proposal of the Planning Director of the bill to be sent to Representative Ames for the legistlature regarding the burning of stumps on the construction of roadways and clearing of lots. Planning Director Maurer noted that where it is a bill from the Planning Board they would have to go to speak in favor of the bill. Acting Chairman Wellington suggested writing a letter to the Mass. Federation of Planning Boards and request them to contact other towns to see 'if there is a state wide problem as it would be better to have more than one town speaking in favor of this bill. Planning Director Maurer noted that the federation would not sponsor such a bill. Acting Chairman Wellington stated that he was not looking for the federations support but the support of the other towns. Minutes September 18, 1974 ' 16. Planner Parsons advised the Board that there would be a hearing at SRPEDD on October 3rd regarding water polution control. Planner Parsons noted that he plans to attend and felt that the Board should be represented. Planner Latham noted that he also plans to attend. To be put on the agenda for October 2nd as a reminder. 17. Planner Latham noted that there would be a meeting a week from this evening at $:pO p.m, with the selectmen and representatives from Foxboro and Mansfield and Norton and felt that the Planning Board should attend, it was then noted that this meeting would be to discuss the regional sewer system. It was the consensus of the Board to meet next Wednesday at 7:00 P.M. to conduct regular planning Board business before the joint meeting. Planner Dunn noted that in talking with someone from Foxboro, Foxboro no longer has a regional sewer study committee and have no intention of tying into this system. It was noted that Foxboro presently has only about 100 buildings tied into their sewer system and it only is around the center of town. 18. Board discussed the letter from the Board of Health to Mr. Douglas King regarding Canoe River Acres. It was noted that 7 lots were approved and I lot was disapproved and approximately 6 lots are being held back at this time. It was noted that the Town Clerk advised that monies will hot be refunded for which they paid duplicate for eleven perc tests. Planning Director Maurer to obtain more information on this. Planner Dunn felt that the Planning Board should stay out of this. 19. Board reviewed the petition of 15 registered voters to rezone a section of land across the street from Vicino Buick, it was noted that there primary concern is lots 26, 27, 27a and 24 which they are requesting Business C. It was noted that the zoning across the street is Business B and Planning Director Maurer noted that this would present isolated zoning. Hearing to be set up for this petition on October 16, 1974. 20. Board reviewed the Memorandum from the Town Manager regarding projects for the Bi-Centenial. Planning Board had not comments on this. 21. Planning Director Maurer noted that last week there had been a: motion to write a letter to the Selectmen regarding the <engineeN ng fees and it was requested to send a schedule of the standard fees along with the letter. Planning Director Maurer noted that all that was in the Planning Boards files was the fees for 1967 and that he called the Mass. Society of Civil Engineers and there is nolonger a fee schedule since 1963. Planning Director Maurer advised the Board that the contract with Whitman and Howard for the Witch Pond Well and the work was divided into three payment sums. The first part was for $34,000 and that this would include the preparation of plans and acquiring the approval from the State agency. it was noted that the total cost of the entire project is $64,900 which is about 150%. Planning Director Maurer noted that he would like to gather more information concerning fees before writing to the Selectmen. 22. Meeno", adjourned at 10:25 P.M. Meet a' y Clerk / d i Date