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HomeMy WebLinkAboutPlanning 04/03/1973AGENDA April 3, 1973 1. Call to order (7:30 P.M.) 2. Clerks Report a. Correspondence b. Minutes of March 27, 1973 3. Warrant 4. Public Hearing 8:00 P.M. Robert L. Rizzo - Rezoning of land off Otis Street 5. Visitors Agenda 8:30 P.M. Norman Epstein re. West Mansfield Condominimum Project 9:00 P.M. Austin Keane re. Owens-Illinois, Inc. 6. Old Business a. Status of Plans I) Village Estates - Def. Sub. - Elm Street - 4/13/73- 2) /13/73 2) Cabot, Cabot and Forbes - Prelim - Industrial Park - 4/27/73 3) Oakhill - Prelim - Stearns avenue - 4/28/73 4) Circle "C" Stables Park - Prelim - West Street - 4/30/73 5) Mansfield Industrial Park Realty Trust - Prelim - Maple St. - 5/4/73 6) David Smiley - Form A - Smiley Ave - 3/19/73 7) Magna Vista 11 - Def. Sub - Lawndale Road 8) Donald Ploof - Form A - Gilbert Street - 4/3/73 9) Frederick Specter - Form A - Williams Street - 4/5/73 10) Home Developers, Inc. - Form A - Maple Street - 4/10/73 11) Antonio Savini - Form A - South Main Street - 4/10/73 12) Norman Gray - Form A - South Main Street - 4/10/73 b. Town Meeting Articles 7. New Business Around the Table 8. Adjournment NOTE: Public Hearing for the four ZONING ARTICLES is scheduled for Thursday, April 5, 1973 at 8:00 P.M. MANSFIELD PLANNING BOARD MINUTES April 3, 1973 The Mansfield Planning Board met at the Town office Building on Tuesday, April 3, 1973 at 7:30 P.M. Present: Clerk Grant Planners: Wellington, Zaffini, Nelson, Latham Town Planner Maurer 1. Motion: Planner Wellington be appointed temporary Chairman. (Grant-Zaffini, all in favor) VOTED 2. Letters were read from the following: Morley and Morley to the Planning Board regarding release for lot 9 on Bonnie Lane. Planning Board to Allan Willis regarding Spruce Acres Subdivision Loam Removal. Planning Board to Richard Vazza regarding Great Woods Estate Approval Not Required Plan. Planning Board to Easton Planning Board regarding meeting to discuss the "Oakhill" Preliminary Subdivision Plan. Department of Natural Resources to Joao Periera regarding Notice of Intent and Plans dated August 25, 197? located on Willow Street. March issue of New England Economic indicators. Board of Appeals notice of public hearing for Sterling Real Estate for a Variance to establish a Real Estate Office on Chauncy Street in a Residence "B" Zone. Board of Appeals notice of public hearing for Woods Real Estate to attach a 4 by B foot so-called "Commander" sign to 2 existing poles located at Chauncy Street in a Business "C" Zone. Board of Appeals notice of public hearing for Owens-Illinois for a Variance to construct a dwelling that would exceed the 45 foot height limit in an Industrial Zone. Board of Appeals notice of public hearing for Louis E. Tarsa to divide a parcel of land located on Williams Street into two house lots and a right of way. Board of Appeals decision on the Application of Conley G. Eagan for a Variance to convert a twenty-four by twenty-four foot storage buildingsinto a three room house, VARIANCE Granted. Board of Appeals decision on the Application of Michael Castriotta for a Variance to convert a two family dwelling to four faimly use. Variance not Granted. Joint Transportation Planning Group notice of Meeting on April 4, 1973 2 _ Minutes April 3, 1973 Joint Transportation Planning Group Minutes of Past Meeting of March 6, 1973. SRPEDD to Zoning and Land Use Committee regarding meeting on April 5, 1973. 3. Board reviewed the minutes of March 27, 1973 and noted the following changes: Page 3 _ Item #9 to read: Public Hearing was held at 8:00 P.M. for Village Estates on Elm Street. Page 3 _ Item #12 to read: Planner Wellington noted that there were three bearings that were incorrect. Motion: To approve the m'i'nutes of March 27, 1973 as amended. (Grant -Nelson, all in favor) VOTED 4. Motion: To approve the warrant of April 3, 1973 in the amount of $56.51. (Latham -Grant, all in favor) VOTED 5. Town Planner Maurer informed the Board that at the Public Hearing for Village Estates on Elm Street held on March 27, 1973 there were three points that were brought up; 1) The point about the fence which the Planning Board may want to consider because the attorney for Mr. Murphy stated that if the plan was signed by the Planning Board that he would appeal it; 2) the point raised about the amendment to the drain line as it comes out into Hodges Brook, it should be made to go into the direct flow of the Brook and 3) the last point was the easement, the abutter first stated that there should be an easment along the bfookrn and then he corrected himself to state that it should be just for access to the bKooka. Town Planner Maurer stated that Mr. Jodice would be willing to put in another access for the Town to maintain the Brook if the abutter was willing to do the same thing on his side of the brook. It was the consensus of the Board to have Mr..Jodice add a note to the plan that the drainage easement was also to be an access easment for the Town to get to the brook to maintain it. Town Planner Maurer questioned if the Board had any objections to the street names proposed. It was noted that LanternLane and Coach Road had been used on an old plan on South Main Street know as Great Woods Estates and that the perimeter plan filed in 1968 had eliminated the street and their names. It was the consensus of the Board that the street names proposed would be accept- able. 6. Town Planner Maurer informed the Board that the Board of Health had walked the property of the Circle "C"Stables Park on West Street and he felt that it would be advisable for someone from the Planning Board to do the same. Planner Zaffini and Clerk Grant to meet on Saturday, April 7, 1973 at 7:00 a.m. to walk the property of the proposed Circle "C" stables Park. 7. Town Planner Maurer informed the Board that Charlie Francis from the Mansfield industrial Park Realty Turst informed him that they are going to take another detailed look at the drainage and have hired Bill Moore to look at the drainage situation in the Industrial Park. They will come in at another time with detailed plans. w3- Minutes April 3, 1973 8 Board reviewed the Form A plan for David Smiley on Smiley Avenue. It was noted that the zoning classification on the industrial and residential zone had been reversed. On the Van Buren property line it was noted that the dimension was missing. It was noted that Parcel B is not mentioned in the Form A Application. it was noted that the locus plan is not outlined and that the locus plan is not shaded. Plan to be returned. 9. Public Hearing was held at 8:00 P.M. on the petition of Robert Rizzo for the rezoning of 44. -acres of property in the vicinity of Sweets pond from industrial to Agricultural District. (Clerk Grant left the room and did not participate in any discussion.) Transcript of that hearing is on file. 10. Board reviewed the Form A Plan for Norman Gray for land on South Main Street. It was noted that the soilsurvey was not completed until March 16, 1973 and the planning Board in Norton signed the plan on January 16, 1973. 1t was noted that the edge of the river was the property line. Motion: To approve the Form A Plan for Norman Gray for land on South Main St. (Grant -Nelson, all in favor) VOTED 11. Board reviewed the Form A Plan for Antonio Savini for land on South Main Street. It was noted that the note had been placed on the plan stating that"Parcel "B" to be conveyed to R.H. Fuller and is not a conforming lot and that Parcel "A" to remain in ownership of Savini and is not a conforming lot" as requested by the Planning Board. Motion: To approve the :form A Plan for Antonio Savini for land on South Main Street. (Grant -Nelson, all in favor) VOTED 12. Board met with Mr. Norman Epstein, the proposed developer for a piece of property in West Mansfield to be developed into condominiums, Mr. Da. Simpson, Mr. Richard Bertman, Mr. Charles Spohrs, Engineer, and Mr. Kelly his attorney along with Board of Health members Chairman Leonard Flynn, Richard Secher, Jack Folan and Town Manager Dennis Hannon. Mr. Epstein informed the Board that he had an option on land of Richard ,Morse which has frontage on Elm Street and is near Oak Street. Mr. Epstein stated that he had done studies on the land and if the Town finds it acceptable he would be putting 224 condonminium units, mostly Town Houses, which will con- tinue through the depth of the site. Mr. Epstein stated that he is proposing recreation facilities to include 2 indoor tennis courts, 2 outdoor tennis courts, a swimming pool, and recreation rooms. Mr. Epstein stated that they had done studies on the fiscal: impact on the Town resources, an economic study, and presented a copy of the studies to each member of the Board. The Booklets showed what the fiscal impact will be on the condiminiums, if it will cost the Town money or if the Town will make money. it was the conclusion of the study that the Town will make money. Mr. Bertman explained the location of the proposed condominiums in relation to Elm Street and the Wading River. There is a series of clusters along the main drive and each of these clusters is made up of parking areas for each Town House. There will be 10 Town Houses in each building, with surrounding open space. Mr. Bertman pointed out the wooded area and the slope to the Wading River, and the location of the proposed recreation area. Presented the Board with diagrams of the different layouts for the 4 types of condominiums to be constructed, containing 2 and 3 bedroom units. 4 Minutes April, 3, 1973 Mr. Bertman stated that the perimeter of the site is 34 acres, 224 proposed units, 75% would be 2 bedroom Town Houses, 15 % will be 2 bedroom with a den or study, and 10% will be 3 bedroom. The coverage of the site by houses and roads is only 8.7% of the site and 780% of the site will. be landscaped open space. The density i;s 6.7, units per acre.. Mr. Simpson explained that there would be a series of small lots ranging from 3 to 5 acres. Once these clusters would be developed the road would run up to a cul-de-sac. This would be maintained as a private road. The present plan is to bring a small water line from the existing Elm Street line into a storage tank for fireprotection and household use. There would be a pump ow the tank to provide adequate pressure to serve the area. The drainage would follow the road and out into the Wading River. In the rear of the property there is a lot that would be reserved as a natural lot and not a building lot. The Club houa_would be on a separate lot than the Town Houses. Mr. Spohrs explained that the sanitary disposal would be inconformance with article XI of the State Sanitary Code for each building and all the affluent would go to a septic tank and into a distribution box and then into leaching pits with liners backed up with stone. There would be no pumping. The leaching pits will be 20 feet from the buildings and 10 feet from any property li a If n es ary w �r�ouId put the leaching pits in the parking area as they aRe.1t r4 ho��a w� 1 i -cam w4in4L 51 _up_ta 6 to s. The sanitary systems will be designed for a garbage disposal. They would have 200% capacity and the leaching pits would be 175% capacity. Mr. Spohrs stated that he would also abide by any regulations that the Mansfield Board of Health has. He stated that they have been doing this for apartments for 23 years and it would all have to be approved by the state. They stated that they had some drawings which they'wo6fd like the Board of Health to review and then they would submit them to the State. Mr. Epstein stated that they would like to consult with the various Department heads of the Town.•.They plan to have gas to heat and to provide hot water and range power. The houses have been scattered to provided as much privacy as possible. All utilities would be underground, as well as the storage tank. The body of water shown on the plan is existing with no drainage proposed to go into it. The units would be sold as individual units. The price range would be 27,000 to 34,000dollars. The density is below that of the maximum allowable. Clerk Grant questioned if the parcel in the rear would be maintained by the management. Mr. Epstein informed the Board that it would and that the manage- ment would be the people who own the condominiums, and when the developer moves out everything is sold. The open space and the roads are owned by the owners of the condominiums. The developer would sign an additional contract as Manager -for a couple of years. Tneykhave a group called the ownership council who would decide this . Planner Zaffini questioned if there would be deed restrictions to cover the maintainence of the open space and roads. Mr. Epstein stated that when they buy the condominium they are buying a share in the recreation area, open space, and the road. i Planner Nelson questioned how they would guarantee that the roads and such would be maintained. Mr. Epstein explained that there is a maintenance charge which is just like a real estate tax and has to be paid every month or year or they can lose,, the ownership of their condominium. -5 - Minutes April 3, 1973 Board of Health Member Richard Secher questioned how many buildings in each cluster and how much water they would use. Mr. Epstein stated that it varied from 2 to 4 buildings and that they would use 600 to 1,000 gallons. Clerk Grant questioned what type of percolation they got when they took them. Mr. S ohrs stated tha � J w s eh p r mi ute and there were 33 holes. It was noted that t � je � e 'M �'¢ UQ is less than 2 inches per minute. It was noted that the holds; were witnessed by a;representative from the Mass. Department of Public Health. Planner Latham questioned how long the road would be to the end of the cul- de-sac. Mr. Epstein informed the Board that it was approximately 1700 feet, and the construction of the road would be in conformance with Planning Board rules and Regulations but it would remain a private road. Clerk Grant questioned why the condiminiums had been divided into different lots with three or four town houses in each lot. Mr. Epstein explained that they had been dividediup,A nto years production as they planned to construct between 50 and 75 units per year. They figured it would take 3 to 4 years to build the entire project. The recreation area would be developed when the first units are built. Clerk Grant questioned if they would develop the road back to the recreation area when it was developed. Mr. Epstein assured the Board they would. Chairman Flynn from the Board of Health questioned what type of construction the _buildings would be. Mr. Epstien stated that it would be wood grain and they are two story buildings from 25 to 28 feet high. Town Manager Hannon questioned why the Town Houses were not broken up into a more cluster form. Mr. Epstein stated that they were designed in this layout to take away from the flatness of the land. Chairman Flynn questioned when they would be starting construction if the plans were approved. Mr. Epstein stated that it would be either July or August and they hoped to have open house in late Spptember or early October. Chairman Flynn pointed out that under the exciting zoning apartment houses are not allowed in the Agricultural Zone. Clerk Grant questioned if they had any other condominium projects. Mr. Epstein stated they were in the process of building a project in Mashpoe. Clerk Grant questioned the size of the project in Mashpee. Mr. Epstein stated that it would total 56 units and that they are now under construction. Town Planner Maurer informed the Board that Mr. Epstein had just submitted the preliminary plans which shows the detail of the drainage and the street layout. it was noted that under the new regulations when a development has more than one dwelling unit on a lot the plan has to be approved by the Planning Board. Board questioned what would be used for fire protection. It was pointed out that the storage tank would pump 11 50 gallons per minute. Mr. Epstein stated that there would be a fire alarm system going to each unit. This fire alarm system would be connected to the fire station and a loud horn blows at the development. There will also be smoke detectors installed. Mr. Epstein informed the Board that he would like them to review their plan and make any comments on it before he goes'- to the Board of Appeals for a hearing on this matter. -6 - Minutes April 3, 1973 13. Board met with Mr. Austin Keane, representative of Owens-Illinois glass manufacturing co, and Mr. Norman Moore of the industrial Development,of the Commonwealth of Massachusetts. Mr. Keane informed the Board that Owens- Illinois has an option on land in the Mansfield Industrial Park Realty Trust and that they would be constructing; a dwelling over the 45 feet allowed and have filed for a zoning variance on the height limitations. It was noted that one of the buildings.would be 150 feet high. Mr. Keane informed the Board that theyshad 'taken an,opti,on on approximate 60 acres and that Ryan and Elliot was obligated to provide a road subject to subdivision regulations. Mr. Keane informed the Board that they may want to put a rail in closer to the batch plant. Mr. Keane stated that it is a 6 to 9 million dollar plant for the manufacturing of glass bottles, and they have to have rail. He informed the Board that there will be approximately 3#00+,cars a year. The plp_nt will operate 7 days a week. There will be approximate 60 cars a week, 6 UrJQ a day. At the present time there is only 1 or 2 cars a day, it is estimated that there will be approximately 60 trucks a day in and out. There will be approximately 300 employees on 3 shifts with about`80 persons per shift, plus office workers. There is about 20% of the employees that will be brought in and the rest will be local employees. The tax figures have not been discussed as of yet. They are in the Dow Jones Industrial Average. In the future they may plan expan- sion which could double the size and capacity. There is going to be generated more water run off, which is the responsibility of Ryan and Elliot, and he understood that the Planning Board is trying to work this out with them now. Mr. Keane stated that two years ago they had looked at the;site and it was too wet but it has now been drained considerably. Mr. Keane stated that they had filed for a Variance and if the variance is turned down they would not be able to use the site. The zoning states that the height of any structure should be 45 feet and they have exceeded that and wash to construct 150 feet at the location of the batch tower. The filtration area will be up to 70 feet with ventilaters and 2 furnaces. Planner Zaffini questioned what would be put in the air for pollution. Mr. Keane assured the Board that there would be no polluting in the ai'r.and there will be no noises that are objectionable. Sewer we think is adequate and we have gone to the State and we have talked with the Town about i As for water, they will use a consider amount of water, approximately gallons per day. Clerk Grant questioned if there would be any trains at night. Mr. Keane stated that he was not certain of this but the plant runs 7 days a week, 365 days a year with only 2 - 8hr breaks, which he thought to be Christmas and Labor Day. Planner Wellington questioned on the site plan where they were going to put the 500,000 gallons of water every 5 years when they cleaned the furnaces. Mr. Keane stated that they have 11 truck docks with a canopy and the docks fun back towards the building. They would shut one furnace down at a time and just let it go to the dock area so that it cools before it goes to the drainage system. Planner Latham pointed out that the major problem to the whole project was the water rum, off. It was pointed out that there is a natural spring behind Horner Waldorf. Planner Nelson stated that when Ryan and Elliot returned with the definitive plans for the drainage system they would have a joint meeting with the Conservation Commission to discuss it. Mr. Keane requested to be notified when this meeting would take place as he would like to attend. Planner Zaffini informed Mr. `Keane that off of Shields street there is a -7® Minutes April 3, 1973 cart road that runs through the property and behind the houses on Shields Street there is a stream that runs through the property and it might be a F, passible solution to the drainage problem. Mr. Keane stated that he would look into this. Town Planner Maurer pointed out that the storage facilities in the rear of the building were not proposed to be closed in and stated that with the Recreational Park and the Housing for the Elderly proposed it would be a good idea to have some kind of planted buffer. Mr. Keane stated that he would be glad to look into this if the Planning Board would inform him of exactly what they would like. It was pointed out by Mr. Keane that the proposed location of the building is not definite as it may be moved further over on the lot. Mr. Keane requested the Board to inform him if they would require a buffer strip within the next few days. Mr. Keane requested to be present for the joint meeting with the Conservation Commission, Ryan & Elliot, and the Planning Board when the meeting is arranged. Town Planner Maurer to inform him when the meeting will be held. Planning Board requested to have a copy of the correspondence between the Town Manager and Owens-Illinois sent out with the Minutes of this meeting. 14. Board reviewed the Form A Plan for Home Developers, Inc. for land on Maple Street. It was noted that it would have to be stamped ''Approval of this plan does not imply the approval of any future roadway for any future subdivision.'' Motion: Tor>sign theLEorm A Plan for Home Developers, Inc. "for land on Maple street with the plan stamped ''Approval of this plan does not imply the approval of any future roadway for any future subdivision.'' (Ge�n1 - zeaEke. cell «n kavo\:O V67 -6J 15. Board reviewed the Form A Plan for Donald Ploof for land on Gilbert Street. It was noted that the three bearings had been corrected as requested. Motion: To approve the Form A Plan for Donald Ploof for land on Gilbert St. (Zaffini-Latham, all in favor) VOTED 16. Board discussed the Definitive Subdivision Plan for Home Developers Inc. of Magna Vista 11 off of Lawndale Road. Clerk Grant stated that he did not feel it was completely the responsibility of the developerto have to clean out the culvert, however once he gets on private land then he would have to get an easement. Town Planner Maurer pointed out that if the plan was approved it would have to be approved with the exception of the 5 lots that would require a Hatch Act. Clerk Grant stated that theonly thing pending the approving of the Plan was the drainage. Planner Latham stated that he felt the drainage should be straightened out. Planner Nelson questioned what the conditions were like on the other side of the culvert and if it would handle the water once it was cleaned out. Town Planner Maurer stated that the culvert that was presently there would be large enough but they would have to consider the effect on the property down stream. Clerk Grant questioned if the water presently stays with- in the banks or if it overflowed. It was noted that it stays within the banks. Planner Wellington, after reviewing the drainage figures of the engineer stated that the figures were not logical. Town Planner Maurer to ask the engineer to meet with the Board to discuss the figures. Planner Wellington and Clerk Grant f to review the figures further for the next meeting. -8- Minutes April 3, 1973 17. Board reviewed the charts for the Hodges Brook Flow meter and noted that there was a large increaseinthe volume of water in the past week. It was noted that there had been 2 1/2 inches of rainfall in the past few days. It was noted that the culvert needed to be cleaned out as there were large boulders and rocks. 18, Planner Latham stated that he felt the Conservation Commission might be interested in the land down at the gravel pit as they are filling in between the street and the swamp. It was noted that the location is up where Maple and Winter Streets come together, on the northerly side of Maple and the eastly side of Franklin Streets. 19. Planner Nelson questioned when the time limit on the condominium plan would be. Town Planner Maurer pointed out that it would be the 15th of June of this year, and that they would have to apply for a variance for a special permit by that time. Town Planner Maurer pointed out that the Planning Board has a preliminary subdivision plan as they would have to get approval from the Planning Board for vehicular access to the development. 20. Planner Nelson questioned if the Board was going to set up a meeting with Ryan and Elliot to discuss the drainage. Planner Wellington stated that this could not be done until they came in with some kind of drainage plans. Town" Planner Maurer pointed out that they had just hired Bill Moore to review the drainage. 21. Town Planner Maurer informed the Board that he had discussed the invoice for the setting of the Stone bounds within the Magna Vista Recreation Area with Boston Survey Consultants, and that he had explained to them that it was his understanding that the $500 was a not to exceed figure. Boston Survey Con- sultants informed him that they put the not to exceed figure agreements in writing, however they dropped the bill from $624 to $544.50 because they had a new rate go into effect on March lst so they made the new bill on the old rates. Town Planner Maurer pointed out that the Town Treasurer had cashed the check for $2,000 which the Town was holding for Mr. D'Annolfo forthis purpose. Town Planner Maurer informed the Board that there was a $2.00 charge to cash the check and the agreement was to pay Boston Survey Consultants out of the balance of the $2,000 and return the remainder to Mr. D'Annolfo. It was noted that there would be a recording fee and a charge for,the deed work and that this should come out of the $2,000 before the remainder is returned to Mr. D'Annolfo. It was noted that the Town is still holding bonds for the con- struction work to be completed on the roads within the Magna Vista Subdivision. It was the consensus of the Board that the $544.50 figure for the work done in the Magna Vista Recreation Area by Boston Survey Consultants was acceptable. 22. Board discussed the Public Hearing on the Zoning Articles to be held on Thursday, April 5, 1973. It was noted that Planner Nelson, Planner Mac- Farlane, and Planner Zaffini would be unable to attend. It was noted that the articles had been reviewed once so that they will only need to ask for additional comments. 23. Board reviewed the articles for the Annual Town Meeting that would concern easements. Planner Wellington had requested at an earlier meeting that the Town Planner obtain the plans for these easements incase the planning Board is requested to comment on them. Town Planner Maurer pointed out that Articles 14 and 15 are for drainage easements and there were no plans but just easement descriptions. Town Planner Maurer pointed out that the one for Sheehan in article 16 is just for the acceptance of a drainage easement that used to be just sewer and now they have installed the drainage. Article 17 is for an easement from _9_ Minutes April 3, 1973 Thomas on the other side off Hall Street from the development of Allan Willis . and the only material that has been submitted is quite vague and there are no plans submitted. Town Planner Maurer pointed out that Article 16 refers to plans but the Town Manager did not have any on file, Town Planner Maurer pointed out that articles 18, 19, and 20 refered to the Electric Light and Power plans, however he was unable to obtain them and would try to get them from Mr. Ferrier, superintendent of the Light Department, Mrs, Jellinek informed the Board that she has copies of the plans and presented a copy for the Boards review, Mrs. Jellinek pointed out that the article was for the selling of 4.3 acres of access noad to New England Power Company, and by doing so they would eliminate the access to the Mansfield Power Plant and Mansfield would no longer own the power company . Town Planner Maurer to obtain plans from Mr. Ferrier starting at Gilbert Street and bring them to the Town Meeting on Monday, April 9, 1973. 24. Me ting adjourned at 11:50 P.M. Clerk Date