HomeMy WebLinkAboutPlanning 05/14/1973MANSFIELD PLANNING BOARD
AGENDA
May 14, 1973
1. Call to order (7:30 P.M.)
2. Clerks Report
a. Correspondence
b. Minutes of May 8, 1973
3. Warrant
4. Visitors Agenda
8:00 P.M. James Riorden re. Great Woods Estates
5. Old Business
a. Status of Plans
1) Mansfield Industrial Park Realty Trust - Prelim - Maple Street
2) Wading River Condominiums - Prelim - Elm Street - 6/4/73
3) William Barrows - Form A - Gilbert Street - 5/15/73
4) Rewlew Trust - Form A - Smiley Avenue - 5/15/73
5) Donald Ploof - Prelim - Gilbert Street - 7/3/73
6) Town of Mansfield - Form A - Gilbert Street - 5/25/73
b. Recommendations on Zoning
Mansfield Planning Board Amendments*
c. Election of SRPEDD Representative
d. Comprehensive Planning Program
6. New Business
a. Zoning Board of Appeals Hearings for May 23, 1973
b. Around the Table
7. Adjournment
*Bring draft copy of Planning Board recommendation on zoning.
MANSFIELD PLANNING BOARD
MINUTES
May 14, 1973
The Mansfield Planning Board met at the Town Office Building on Monday,
May 14, 1973 at 7:30 P.M.
Present: Chairman Zaffini, Clerk Grant
Planners: Wellington, MacFarlane, Latham
Planning Director Maurer
(Planner Dunn attending Joint Transportation Planning Group Meeting)
1. Letters were read from the following:
H. W. Moore Associates, Inc, to Planning Board regarding calculations of
storm run-off from the Ryan -Elliot Project off Maple Street.
Norton Planning Board to Mansfield Planning Board regarding Oakleaf Estates.
Norton Planning Board to Norton Town Clerk regarditng Bond for Oakleaf
Estates.
Town Treasurer to Union Warren Savings Bank regarding release of passbook
for performance guarantee for improvements within the Wayside Estates
Subdivision.
Mr. Charles Francis from the Planning Board regarding the drainage alternative
proposed by the Planning Board and the Conservation Commission.
Planning Board to Universal Engineering regarding Summary Report of the
Mansfield Comprehensive Planning Program.
Planning Board to Board of Appeals regarding the application of Roland
Collins for a Variance to allow junk storage.
Planning Board to :Board of Appeals regarding the application of Norman
Epstein for the construction of condominium units.
Margot Jellinek to Board of Appeals regarding the application of Norman
Epstein for the construction of condominium units.
Board of Appeals notice of hearing on the application of Mello Sign Company
for a Variance to erect a sign larger than allowed in the Business "B" Zone.
Board of Appeals notice of hearing on the application of John B. Antosca
for a Variance to construct an addition to a dwelling.
Memorandum to Ad Hoc Sewer Study Committee regarding Information meetings.
Massachusetts Department of Community Affairs Public Law Memo's - 5
Planning Board draft to Board of Appeals on the Application of Mello Signs
Company for a variance to erect a sign larger than allowed in the Busines "B"
Zone.
Planning Board draft to John Dalton, Director of Community Planning and
Development regarding the Mansfield Comprehensive Planning Program.
Planning Board to Wayne Torkington regarding the Mansfield Comprehensive
Planning Program.
Minutes
May 14, 1973
Municipal Light Department to Planning Board enclosing a copy of "Regulations
Concerning the Installation of Underground Electric Power Facilities and
Street Lighting in New Subdivision in the Town of Mansfield."
2. Board reviewed the minutes of May 8, 1973 and noted the following changes:
Page 3, item 9, paragraph 4, last word to read "elevation".
Motion: To accept the minutes of May 8, 1973 as amended.
(Wellington -Grant, all in favor) VOTED
3. Board discussed the Preliminary Subdivision Plan for the Mansfield Industrial
Park Realty Trust. Planning Director Maurer informed
the
eoBoard
wn that
Manager Mr.
discuss
Brad Griffith was to come in on May 15, 1973 to see
the letter from the Planning Board regarding the drainage on May 9. 1973 and
to discuss the location of the sewer. It was noted that Ryan and Elliot is
concerned with the drainage proposal as they would have to cut approximately
25 feet to put the pipe in as proposed and they would like to come in on May
23, 1973 to discuss this further with the Board. Planning Director Maurer
pointed out to Mr. Griffith that this alternative was the consensus of both
the Planning Board and the Conservation Commission.
Planning Director Maurer informed the Board that the question on the quality
of water had been raised by the Conservation Commission. Mr. GFiffith informed
him that they had done tests on the water on three occasions and found"no
significant traces of oil".
Planner Latham questioned when Ryan and Elliot would be presenting the drainage
for the whole industrial park. It was noted that it should be done at this time.
4. Board discussed the Preliminary Subdivision Plan for the Wading River Condominiums.
it was noted that ;the original plans submitted showed the catchbasins in the
proposed driveway going towards Elm Street into the existing 12" pipe and the
Town requested him to take the drainage back to the Wading River. Mr. Epstein
has agreed to this and will redesign this on the pians.
It was noted that questions.;lhave been raised regarding the water pressure.
it was noted that Mr. Epstein is going to meet with Whitman and Howard to go
over the water problem and outline exactly what the problem is. Planning
Director
Director Maurer informed the Board that in discussing this with Bill Cahoon,
Superintendent of the Water Department, the original figure that was shown
on the residual pressure was 20 pounds and this last winter they had a
residual figure of 5 pounds, and there is deflh.i:tely a, pressure p16bilem.
It was noted that the typical cross-section showed the side walk on both
sides of the private drive, but the length of the street has never been
resolved as far sthis
restriction would beput donethe mdriveway and ritdwould alwaysted remaintcommond
land.
Planner Zaffini questioned if it was legal to have more than one lot in back
iand and not come underthe subdivision control laws, where the only frontage
they had was on Elm Street. Clerk Grant questioned if one person could buy
more than one condominium and then rent it out. Town Planner Maurer stated
that they would have to have a special liscense to buy more than one in the
same complex, through the security exchange corm 5S low.
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Minutes
May 14, 1973
5. Planning Director Maurer informed the Board that he.had attended a conference
on condominiums at the Bently College on May 11, 1973 and took the following
notes:
it was attended primarily by lawyers and developers and the one thing that
the lawyers stress is that the condominium concept is a good one from the
developers standpoint but if the developer doesn't watch out the legislature
would be after them.
There are problems with recording them as they require before the transfer
of title that they have an as built plan.
U.S. Condominium Corp. is converting 676 units from Garden Apartments to
Condominium unitsrangingfrom $23,000 to $28,000 depending on the size of
the units. The purchasers are in the age bracket of 40% 21 to 30, 40% over
50 and the other 20% are In between. There is a very low pupil capacity
in the units.
The problems in the Florida condominiums is that the developer is retaining
a certain amount of the ownership in the project to make a profit on the
management and they are not maintaining them ,pr4perlyand the people can't
fire them because they own the property.
In Brookline thers,= problems relating to the converting of apartments to
condominiums due to tenants that do not want to buy theircondominium and
they have trouble evicting them. There are also rent controls in Brookline.
6. Board reviewed the Form A Plan for the Town of Mansfield for land on Gilbert
Street, for land to be conveyed to New England Power Company.
Motion: To return the form A Plan to the New England Power Company for land
on Gilbert Street to show !legend for the access road easement and
for the actual land that is being conveyed to New England Power
Company and also to increase the signature block from four lines
to seven lines as there are seven members on the Planning Board.
(Wellington -MacFarlane, all in favor) VOTED
7. Board met with Attorney James Rlorden and Mr. Francis Vazza to.discuss the
Form A Plan for the Great Woods Estates disapproved by the Planning Board
on March 27, 1973. (Clerk Grant left the room and did not participate in any
discussion.)
It was noted that the plan had been disapproved because it was Town Counsels
opinion that the Form A perimeter plan signed by the Planning Board in 1968
eliminated the subdivision plan signed by the planning Board in 1962, and
therefore this form A submitted in March would have to come under the Sub-
division Control Laws.
Mr. Riorden informed the Board that Mr. Vazza has brought a writ of Mandamus
against the Town Clerk because he would not issue the certificate and Mr.
Vazza was not notified that the Plan had been disapproved within the required
14 days, under Section 81P of the Massachusetts General Laws. Mr. Vazza wanted
to have the meeting with the Planning Board to see if something could be worked
out. Mr. Riorden stated that they believed it should be endorsed under 81P
and they do not feel it should come under subdivison control because the streets
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Minutes
May 14, 1973
shown on the plan had recently been approved. On a legal techni®;Lity Mr.
t+ Riorden feltiithat the Board could be forced to issue a certificate of that
effect. Mr. Riordan pointed out that the subdivision control law has not
changed much since the 1962 approval of the, subdi4isahon. Frontage is the same,
lot size is the same, underground utilities are now required and granit curbing
is required. Mr. Riordan stated that there would be no difference in the plan
as submitted and submitted under the subdivision control.
Planning Director Maurer pointed out that in 1962 the definitive subdivision
plan was approved but it was not developed by the owner of record. In 1968
prior to the sale of the property he submitted a plan for approval not
required under the subdivision control law for the whole parcel but not the
streets in the subdivision or the individual lots. This was endorsed on
November 25, 1968. On March 12, 1973 they submitted an approval not required
plan with the streets shown. When the Board received the plan the facts were
forwared to Town Counsel and he submitted his opinion back to the Board.
The Board asked four questions of Town Counsel.
1. is there a time limit established in the General Laws, within which re-
quired improvements in an approved subdivision must be installed in order
for the plan to remain valid?
Town Counsels reply: I am aware of no provision of the General Laws which
requires installation of required improvements within a certain time
for a plan to remain valid. it may be possible to do so In the Rules
and Regulations.
2. Does the Approval Not Required Plan endorsed by the Planning Board in
1968 Eliminate the 1962 Approved Defintive Subdivision Plan?
Town Counsels reply: In my opinion, the 1968 Not Required had the legal
effect of cancelling out the 1962 Approval. General Laws Chapter 41,
Section 81P refers to ".. any person... who believes that his plan
does not require approval under the subdivision control law....
11
Accordingly, the applicant has in effect waived his original approval_
by submitting the same premises under 81P.
3. Would it be advisable for the Board not to endorse the Approval Not
Required Plan presently before them and require the applicant to submit
the Plan as a Definitive Subdivision Plan?
Town Counsels reply: In my opinion, the plan recently submitted with streets
and lots is really a new subdivision and should be treated accordingly.
4. Can the Planning Board withold endorsing an Approval Not Required Plan or
a Definitive Subdivision Pian because they have the knowledge that a future
highway will run through a particular piece of property?
Town Counsels reply: You cant withold action because of a proposed highway
extension.
E This information was receivdd from Town Counsel on March 27, 1973. On March
23, 1973, the Planning Board advised the Town Clerk that they were seeking
advise of Town Counsel and advised him that the Planning Board would not sign
the plan for VazzarProperties.
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Minutes
May 14, 1973
Attorney Riorden informed the Board that the Massachusetts General Laws
state that "if the board fails to act upon a plan submitted under this
section or fails to notify the clerk of the city or town and the person
submitting the plan of its action within fourteen days after its bub -
mission, it shall be deemed approval."
Planning Director Maurer questioned if Mr. Vazza had filed an appeal to
the decision. Attorney Riorden stated that Section 81B -b would not apply
in this instance.
Attorney Riorden requested the Board to review the plan to see if it is
in conformance with the present subdivision Rules and Regulations and
inform Mr. Vazza if it is not, as they would like to negoiate with the
Board. Chairman Zaffini questioned what wasmeant by negoiate. Attorney
Riorden stated that maybe submitting this under the present requirements
for subdivisions would be the easiest way for all. Planning Director
Maurer stated that what he was saying is that you are going to submit
this as a preliminary plan and we could make our comments on it and get
back to Mr. Vazza. Mr. Riorden agreed. Planner Latham stated that he
felt they should take this under consideration and let the two counsels
get together and have town Counsel advise the Planning Board on what to
do. Chairman Zaffini stated that the Board would discuss this and get
back to Mr. Vazza as soon as possible.
8. Board reviewed the Writ of Mandamus of Richard R. Vazza VS, Town Clerk.
and noted the following:
Point 0,0.1The said Planning Board failed to notify the Clerk of the Town of
Mansfield, your Respondent herein, within the time allowed by
the said section 81P." It was noted that the Planning Board
notifed Town Clerk on March 23, 1973 and the Plan was submitted
on March 12th.
Point #11. "The said Planning Board failed to notify the Petitioner or
representatives of the Petitioner of its action as required
by applicable provisions of the General Laws." It was noted
that Mr. Vazza was notified on March 28, 1973. It was 16 days
instead of 14.
It was noted that there is a provision in the General Laws section 816-b to
appeal the decision of the Planning Board but it must be done within 20 days.
and Mr. Vazza has not appealed and it should be checked with Town Counsel.
9. Board reviewed the Draft Memorandum to Town Clerk from Planning Board regarding
Proposed Zoning Amendments. Planner MacFarlane stated that it was his under-
standing that they would not be presented until next year and questioned why
it was being done now, it was noted that it was the consensus of the Board
at previous meetings to present:them 'aU.Oe next special town Meeting. Planner
MacFarlane requested to see the minutes of this action.
Planning Director Maurer informed the Board that the Special Town Meeting was
scheduled for May 30, 1973.
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Minutes
May 14, 1973
Board reviewed the draft recommendation to the Town Clerk and noted the following
changes;
Section III -D paragraph 9, change to read "The use shall be for recreation
purposes and not for permanent year-round occupancy."
Memorandum to be typed up as amended for the meeting on May 23, 1973,
10. It was noted that the Town is now hiring an engineer to do the Board of Health
percolation tests. The firm is Southeastern Associates, Engineer Lester Gaynor
and they are getting $30.00 per hour. It was noted that the Board of Health
will be limiting the percolation tests from the first of June to the first
of December. It was also noted that it only costs $25.00 for the permit.
Planner Wellington informed the Board that in most towns the expense of the
engineer is paid by the developer.
11. Motion: To elect Planner Nelson as the new SRPEDD Representative.
(Wellington -MacFarlane, all in favor) VOTED
12. Motion: The same members (Clerk Grant and Planner MacFarlane) be appointed
members for the Planning Board on the Capiital.Imp'rovemen.tiProgramw'
(Latham -Wellington, all in favor) VOTED
13. Motion: To elect Planner Latham as the Adhoc Sewer Study Committee Representative.
(Wellington -MacFarlane, all in favor) VOTED
14. Board reviewed the Comprehensive Planning Program Phase If Summary Report.
It was noted on Page 13, Paragraph 4 the word "interceptors" was mispelled.
It was noted that Mrs. Thomas has not received complete payment for the
work and once the payment is received the Board will then send a letter
to Mr. John Dalton, Director of,the Department of Community Affairs.
Planner Wellington noted that the draft letter to Mr. Dalton was not worded
strongly enough.
Board revied the letter to Waynd.=Torkington regarding the Comprehensive Planning
Program acknowledging receipt of various items under the program.
Motion: To sign the letter to Wayne Torkington as presented.
(Wellington -Grant, all in favor) VOTED
15. Board reviewed the draft letter to the Board of Appeals on the application
of Mello Sign Company to erect a sign largerthan allowed in the Business
"B" District. It was noted that the sign would be attached to the Attleborough
Savings Bank Building on Copeland Drive and that it would not block the view
of traffic at the intersection. However, the Board felt it should conform to
the sign regulations adopted at the 1973 Special Town Meeting.
Motion: To send the letter to the Board of Appeals as written.
(Wellington -MacFarlane, all in fAvor) VOTED
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Minutes
May 14, 1973
16. Board reviewed the Board of Appeals application of John Antosca for an
(, addition on his house, which would give him a non -conforming side yard
of 10 feet. It was noted that there were no plans submitted with the
application.
Motion: Not to take any action on the application of John Antosca.
(Wellington -
To be put on the agenda for May 23, 1973.
17. Board reviewed the Municipal Light DepartmentY"'Regulations Concerning the
Installation of Underground Electric Power Facilities and Street Lighting
in New Subdivisions in the Town of Mansfield." Chairman Zaffini stated that
he felt thedeveloper should be required to pay more of the expenses than
required. It was noted that the Regulations have already been adopted.
18. Planning Director Maurer informed the Board that Allan Willis has installed
most of the drainage in the Spruce Acres Subdivision and it is out to Fruit
Street with the exception of 6 catchbasins, which he is leaving out until
he puts in waterand sewer. He also needs to put the inverts on the manholes
He would like a -letter from the Board stating that the work up to date is
in conformance with the Regulations.This wi.11 allow him to obtain fund from
the bank to pay the construction loan.
It was noted that the subdivision is under covenant and they would not be
releasing any money from the Town.
Motion: To send a letter to Allan Willis stating that the installation of
the drainage, with the exception of the 6 catchbasins and the invert
on the manholes, is installed in conformance with the Subidivision
Rules and Regulations of the Marsfield Planning Board.
(MacFarlane -Grant, all in favor) VOTED
19. Planning Director Maurer informed the Board that Engineer Malbon has requested
to beiput on the agenda for May 23, 1973 to discuss the preliminary subdivision
plan for the )and of Spectors and Chambers in West Mansfield
20. Motion: To hold next weeks meeting on Wednesday May 23, 1973 instead of
Monday, May 21, 1973 at 7:30 P.M.
(We lingt6n-MacFarlane, all in favor) VOTED
It was noted that the Board of Appeals have scheduled hearings on May 23, 1973
in Room 7 so that the Planning Board would have to meet in another room.
21. Meeting djurneq,--pt 10:q
OP
Clerk
Date