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HomeMy WebLinkAboutPlanning 07/25/1973MANSFIELD PLANNING BOARD AGENDA July 25, 1973 I. Call to order (7:30 P.M.) 2. Clerks Report a. Correspondence b. Minutes of July 11, 1973 3. Warrant 4. Public Hearing - Highland Estates - 8:00 P.M. 5. Visitors Agenda 8:30 P.M. Douglas King re. Canoe River Acres 9:00 P.M. Karl Clemmey 6. Old Business a. Status of Plans 1) Mansfield Housing Authority - Form A Pratt Street - 8/6/73 (resubmitted) 2 Robert L. Rizzo - Form A - Wayside Drive 3 Highidnd Estates - Def. - Elm Street - 8/26/73 4 Robert L. Rizzo - Prelim - Otis Street - 8/27/73 5) Circle "C" Estates - Def. - West Street — 8/28/73 6) Mansfield industrial Park Realty Trust - Def - Maple, Street - 9/9/73 7) Mansfield Turst — Form A - Forbes Boulevard 7/26/73 8) Mansfield Industrial Park Realty Trust -form A —Maple Street b. Pine Needle Park - Bond Release c. New Mansfield Estates Bond Release d. Subdivision Regulations 7. New Business Around the table 8. Adjournment MANSFIELD PLANNING BOARD MINUTES July 25, 1973 The Mansfield Planning Board met at the Town Office Building on Wednesday July 25, 1973 at 7:30 P.M.J: Present: Chairman Zaffini, Clerk Grant Planners: Wellington, MacFarlane, `Nelson Planning Director Maurer Planner Latham attending Sewer Study Committee Meeting Planner Dunn attending SRPEDD Meeting 1. Letters were read from the following: Great Woods Study Committee to Board of Selectmen regarding appraisal fee for the Great Woods area. Town Manager to Werner Tinernen regarding meeting with DPW representatives on July 18th. Town Manager to Walter Allen, Whitman and Howard, regarding Review of Comprehensive Water Plan Report. John Morley, Morley C Morley attorneys at law, to Planning Board enclosing an irrevocable letter of credit for securities for Elmwood;Park. Planning Board to Town Counsel regarding Elmwood Park Realty Trust Performance Bond. Planning Board to John S. Mor -ley, regardl,ng irrevocable letter of credit for securities for Elmwood Park. Memorandum to all Department Heads from Planning Board regarding Definitive Subdivision Plan for Mansfield Industrial Park Realty Trust. Town Manager to Steven Dean, Whitman and Howard, regarding effect of Circle "C" Estates definitive subdivision Plan on the water supply. Planning Board to Board of Appeals regarding the application of Frances Porter for a Variance to enlarge the store area by enclosing a Porch. Planning Board to iNorton Land Preservation Society regarding Form A Plan, for land on Mill Street. Easton Planning Board to Mansfield Planning Board regarding the "Oakhill" Subdivision. Municipal Light Department to Nancy B. Skene regarding Highland Estates Subdivision. Municipal Light Department to Globe Finance Company regard[ng Circle "C" Estates Subdivision. Planning Board to Robert L. Rizzo regarding Form A Plan on Wayside Drive. Planning Board to Douglas A. King regarding Canoe River Acres. - 2 - Minutes July 25, 1973 Planning Board to Mrs. Alexander Skene regarding Highland Estates Definitive Subidivions Plan. Planning Board to Building Inspector regarding Oakleaf Estates lot release. Department of Housing and Urban Development to Town of Mansfield regarding eligibility in the National Flood Insurance Program. Memorandum to Planning Board from Planning Director regarding New Mansfield Estates Bond Release - Waldor Realty Corp. Memorandum to Planning Board from Planning Director regarding Pine Needle Park Bond Release New England Economic Review for May/June 1973 2. Motion: To accept the Minutes of July 11, 1973. (Grant -Nelson, all in favor) VOTED 3. Board reviewed the warrant of July 31, 1973 in the amount of $25.24. Planner Wellington questioned the Boston Telephone calls on the bill. Planning Director Maurer informed the Boafd that several of the calls were made to the Attorney Generals office regarding the new zoning amendments. Several other Boston Calls were to the Town Counsel. Planner MacFarlane_ questioned Who the calls to Franklin were for. Planning Director stated that he had called representatives from Corrofab. it was noted that the R :Diz.keeps a record of out of Town calls made. Motion: To approve the warrant of July 31, 1973 in the amount of $25.24. (Wellington -Grant, all in favor) VOTED 4. Board reviewed the Form A Plan for the Mansfiehd Housing Authority for land on Pratt Street. Planning Director Maurer pointed out that the land outlined in green was to be taken by the Mansfield Housing Authority. Motion: To sign the Form A Pian for the Mansfield Housing Authority for land on Pratt Street. (Nelson -Grant, all in favor) VOTED 5. Planning Director Maurer informed the Board that on the Form A Plan for Robert L. Rizzo for land on Wayside Drive they had been waiting for a reply from Town Counsel regarding the status of the utilities. The reply has been received regarding rescinding the plan and adding a note that the Town is not responsible for the utilities already installed. Mr. Rizzo is not certain he wishes to rescind the Subdivision Plan endorsed back in 1970 so the^;Rkaoning Board must wait his decision. 6. Planning Director Maurer informed the Board that they had not received any comments back from the other departmenm regarding the Preliminary Subdivision Plan for Robert L. Rizzo for land on Otis Street. 7. Planning Director Maurer informed the Board that they had not received any comments back from the other departments regarding the definitive Subdivision Plan for Circle "C" Estates on West Street. The Town Manager has written a letter to Whitman and Howard concerning the effects the subdivision might possibly have on the West Mansfield well fields. -3 - Minutes July 25, 1973 8. Public Hearing was held at 8:00 P.M. on the Definitive Subdivision Plan i entitled Highland Estates for land on Elm Street. Transcript of that hearing is on file. 9. Board reviewed the Form A Plan for Mansfield Trust for land on Forbes Boulevard. (Clerk Grant left the room and did not participate in any discussion) It was noted that it is lot 230, which is to be used for the water storage tank, within the Cabot, Cabot and Forbes Industrial Park. Planning Director Maurer informed the 'Board thatthere is presently a right-of-way to lot 230, however, they will be coming in later with a subdivision plan for the road. Motion: To sign the Form A Plan for Mansfield Trust for land on Forbes Boulevard. (Nelson -Wellington, all in favor) VOTED Planner Latham entered meeting. 10. Board reviewed the Form A Plan for the Mansfield Industrial Park Realty Trust, which showed all of the parcel on the southerly side of Oakland Street. Planner Wellington questioned when the two week period would be up on this Form A Plan. Planning Director Maurer stated that it would be up on August 8, 1973. Planning Director Maurer stated that it had only been submitted today, but it was on the agenda because he had seen the plan informally for his review, Planning Director Maurer informed the Board that he had questioned the status of the Form A Plan in relationship to the Definitive Subdivision Plan that was previously submitted. Town Counsel has informed the Planning Director that it is legal to sign this Form A Plan and would have no effect on the Definitive Subdivision Plan. Planner Latham questioned if theretwere easements on the railroad tracks. It was noted that the easements would be on the Definitive Plan and not the Form A Plan. Planning Director Maurer informed the Board that Owens-Illinois was planning to take title of the whole parcel sometime in the near future. Thai they will sell back to MansfieU Industrial Park Realty Trust that portion of the land that they do not 'wish to keep, after the subdivison plan is approved. The Variance for Owens-Illinois specifically states that no building permit may be issued to Owens-Illinois until the drainage is satisfactory to the Planning Board. Motion: To hold the plan for the next meeting as it is the Board's policy not to approve the plan the first day it is submitted to give the Board further time to review the plan. (Wellington -Macfarlane, all in favor) VOTED. 11. Planning Director Maurer informed the Board that Mr. Doug King would not be in to discuss the Canoe River Acres Definitive Subdivision Plan as he has not received a letter from the Board of Health concerning the percolation tests in that area. Planning Director Maurer informed the Board that the drainage has now been installed on Birch Bark Lane and Deep Run Road the same as on Canoe, --:River Drive, except for the pipes running between the lots. Mr. King would like a letter from the Planning Board stating that the drainage has been installed on Birch Bark Lane and Deep Run Road and it has been done properly. -4® Minutes July 250 1973 Planner Latham questioned if the houses fronting on Were Street in the Canoe River Acres area still had water problems. Planning Director Maurer stated t that he had not checked into this but was certain the water table has dropped. 12. Board reviewed the Form A Plan for Rewlew Trust for land on Smiley Avenue. It was noted that the Plan had been amended to show Edgewood Street in agree- ment with a 1926 Town Meeting vote that extended Edgewood Street. The Board questioned if the 1926 Town Meeting vote was ever recorded at the Registry of Deeds. Motion: To request the applics;nt of the Form A Plan for land on Smiley Avenue to obtain a copy from the registry of .Deeds showing the recording of the 1926 Town Meeting vote to which the plan was amended to agree with. (Latham -Wellington, all in.favor) VOTED 13. Board reviewed the Form A Plan for Firead.de Realty Trust for land on the easterly side of Branch Street. It was noted that the zone line for Residence A and Agriculture ran through the property but it was not shown. It was noted that the Form A application listed the abutter to be Daria and the plan shows Davis. Plan to be beturned to be corrected. 14. Board reviewed the Form A Plan for Fireside Realty Trust for land on the westerly side of $ranch Street. It was noted that the break in the bearing on Branch street was not correctly shown. It was noted on both plans for Fireside Realty Trust that there should be an easement along tis: Sack :day Brook as it crosses through both parcels. 15. Board reviewed the Form A Plan for the Town of Mansfield for land on Brown Avenue for the easement for the water main across the ,property of Joseph Rezza and Rusell Taylor. It was noted that the Form A application should read on the westerly side of Rezza in reference to the stone bound instead of the westerly side of Taylor. Check to see, if Taylor owns to the center line of Brown Avenue or the entire width. Plan returned to applicant for corrections. 16. Board met with Mr. Karl Clemmey and Engineer James Freeman to review a Form A Plan for land on We*t Street for a 27.68 acre rear parcel with an entrance on West Street. It was noted that the quotation from the variance of June 139 1973 was.on the plan. It was noted that the present owner of the property was shown with the land to be conveyed to Karl Clemmey. It was noted that the land,of Gustav Gross is not recorded properly but it is shown to be correct on the plan. It was pointed out by Mr. Freeman that the land is defined by walls, and the survey is based on the land court parcel and it is off about l 1/2 feet from the original Jones survey. Motion: To hold the plan for the next meeting as it in the Board's policy not to approve the plan the first day it is submitted to give the Board further time to review the plan. (MacFarlane -Wellington, all in favor) VOTED 17. Board reviewed the Definitive Subdivision Plan for the Mansfield Industrial Park Realty Trust and noted the following - Sheet 1 - shows the right of ways. It was noted that the railroad track is not shown in an easement because the track location will be moved. It was noted that the Planning Board has a letter skating that when the railroad track is relocated they will put it in an easement. It was noted there is nothing in writing regarding the piping of drainage for the sites for future development. it was noted that the shell easemet was not shown to have a 40ft. easement. -5 - Minutes July 25, 1973 Sheet 2 - Shows the plan at a 200 scale.. it was noted that the easement for the Shell Gas line does not agrees; with the easement on Sheet 1. Sheet 3 - No comments Sheet 4 - The drainage will be in a ditch along Francis Avenue up to the rear of Horner Waldorf and then into a 36 inch pipe. Sheet 5 - Planner Wellington suggested that the concrete over the trench be dropped down so that the 6 inches ofiij," c top will cover it. It was noted that one of the headwalls on Maple Street will have to be abandoned. Sheet 6 - The Railroad Tracks to be put in easements. Sheet 7 - No Comments. Sheet 8 - No Comments Sheet 9 - Shows plan and profile of rail relocation. Planner Wellington questioned Mr. Francis if the Plan had been reviewed by the railroad company as in Cabot, Cabot and Forbes the railroad had to be; flat grades. Mr. Francis stated that it had not been reviewed but the present tracks are on a grade. i- Sheet 10 - Planning Director Maurer stated that there was a report of the calculations for the drainage area along with the report of the test borings in the proposed retention area. It was noted that the elevations on the borings report and the elevations on the retention plan did not agree. It was noted that most of the boring tests did not even give elevations. Planning Director Maurer informed the Board that last Tuesday, July 17, 1973, the Conservation Commission held a Hatch' -:Act Hearing on this plan. AT that hearing Mr. Moore presented a report along with a letter and the plan. it was noted that a cross section was needed on the retention area, Clerk Grant questioned what would become of the conservation land. Planning Director Maurer stated that the Conservation Commission can give them permission to use the land but it would take a 2/3 vote at town meeting to give them an easement for this drainage. The Owens-Illinois Company is looking for a letter of support of an Article of this nature. 17. Board reviewed the draft letter presented by Planning Director Maurer concerning obtaining a report for another engineer on the potential status of the proposed drainage plan for the Mansfield Industrial Park Realty Trust, it was the consensus of the Board to discuss this at a later time. 18. Planning Director Maurer questioned if the Board would like to advertise this for a Public Hearing, for the Definitive Plan for the Mansfield Industrial Park Realty Trust. It was the consensus of the Board to advertise this hearing for August 22, 1973. 19. Planning Director Maurer informed the Board that the Conservation Commission is waiting for a reply from the Planning Board on the status of the drainage area of the Mansfield Industrial Park Realty Trust. Planning Director Maurer informed them that they would just have to notify the Dept;. of Natural Resources on the outcome of their HatchriAct hearing and say that they are waiting for more definitive information and ask them to extend the 21 days. 20. Planning Director Maurer informed the Board that Mr. Millette of Weldor Realty was requesting the release of $1,000 being held to cover the loam and seeding in Pine Needle Park. However, when he posted the securities in 1971 he stated, in a signed letter, that he would put up $5,000 to be held for a period of one year ftom the date of delivery. Planner Wellington stated that they should write to Mr. Millette and request the $5,000 as agreed to for securities to be held for a period of one year. 21. Planning Director Maurer informed the Board that Mr. Millette of Waldor Realty was requesting the release of $3,500 being held for work that has since been completed in the New Mansfield Estates. It was noted that the Town is holding a $2,000 bank book, which is to be held for a period of one year of completion of the required improvements. It was noted that the "as built" plans had been%;submittedbut they .had not been Returned by RIM Engineering. Motion: To take no action on either of the bond releases for Waldor Realty until the "as Built" plans were in the Planning Boards possession. (Wellington -Latham, all in favor) VOTED 22. Planning Director Maurer informed the Board that within the Subdivision Regulations there was a situation that had occured as to what is required in the "Submission of a Definitive Plan" It states in one section sufficient information to locate streets, etc, and on the profile the same information is missing and it should be included in the profile plan as well. 23. Planner Wellington questioned what construction was taking place on Park Street. Planning Director Maurer informed the Board that Charlie Boutas had bought the land ,from Mr. Millette and he is putting in two single-family homes. The relocation of the brook was approved for Mr. Millette and was amended for the two houses instead of apartments. 24. Planner Wellington questioned if the DPW rest area on Route 95 was going to have toilet facilities. It was noted that they would be. Planner Wellington then questioned if the Town Manager had written a letter to Whitman and Howard to see if the -effluent is going to affect the Towns water supply, or if he only writes letters when a private developer is concerned. Planning Director Maurer to look into this. 25. Planner Nelson questioned if Planning Director Maurer had checked into the railroad track curbs within the Cabot, Chbot and Forbes Industrial park as he felt they should be rounded out. Planning Director Maurer to look into this further. 26. Planner MacFarlane noted in the Minutes of July 11, 1973 that Planning Director Maurer was to check with the hmme owners on Ware Street in the area of the Canoe River Acres development to see if the Canoe River drive drainage had lowered their water problems. Planning Director Maurer stated he had not checked this yet but wwould look into it. 27. Planner Wellington stated that after last weeks discussion on the sidewalk on Leonard Street, where it meets So. Main Street, he had reviewed the sit- uation and if the sidewalks are ever plowed it would rip it up. Planning -7 - Minutes July 25, 1973 Director Maurer to inform Waldor Realty Company that this would have to be corrected. 28. Planner Latham questioned the results of the July 18th meeting with the State DPW regarding the relocation of Route 140. Planning Director Maurer stated that he felt it was a complete waste of time. The only thing accomplished was determining the effect of the Road system if Route 140 is not built. 29. Planning Director Maurer informed the Board that the Zoning By-law is being put together and will be ready to run-off in about two weeks. Planning Director Maurer informed the Board that the amendments made in 1965 and 1967 were voted at the Town Meetings but the approval of the Attorney General was never recorded in the Town Clerks Office. The amendments were as follows: 1. The grandfather clause to the gravel removal section - It was noted that this would not pertain anymore with the new gravel removal section adopted in 1973. 2. In the Agriculture zone the setback from the street to the centerline of the road. 3. Home Occupation 4. Temporary use of a trailer 5. In the enforcement section of the By-law a $50.00 fine. It was noted that 1 through 4 was approved by the Attorney General and and 5 was omitted from the By-law because the Attorney General stated that they could not set a figure. Planning Director Maurer questioned if the Board wanted toinclude the Map in the book with the By-law, It was the consensus of the Board that the Map should be a fold -out section of the book so that it would be legible. 30.Planner Latham questioned if the flowmeter was recording. Planning Director Maurer stated that it was recording but it did not move in level much and felt that the brook may have a blockage. Board reviewed the charts showing the rise in elevation of the brook during the recent heavy rains. 31. Planning Director Maurer informed the Board that he had checked with Town Counsel to see if there was some way of banning Bristol Equipment from working within the Town because they have not completed the work within the Magna Vista Subdivision. Town Counsel informed that this could not be done. Bristol Equipment informed Planning Director Maurer that Engineer Freeman was to set the stakes for the grades on Darby Drive .on Monday, July 309 1973 and Engineer Maloon is to jiut the stakes in to put the drain line in on Monday, July 30, 1973. Planner Nelson stated that he felt the Board should have Bristol Equipment come before the Board and tell him that they are not satisfied with his work and wilt•:;consider this with any other work he does within the Town. It was the consensus of the Board to have Planning Director Maurer have Bristol Equipment came in to the next meeting if the construction within Magna Vista has not been started on Monday, July 309 1973. ®g_ Minutes July 25, 1973 32. Planning Director Maurer informed the Board that the Capital Improve_ ment Program Bommittee would be meeting on Thurdday, July 269 1973® 33. Planning Director Maurer informed the Board that the SRPEDD Clambake would be on August 15th at Prancis Farm. It was the consensus of the Board that this should be sponsored by the Planning Board from She Regional account. Planners Latham, Nelson, and MacFaIrlane,-Clerk Grant and Planning Director Maurer and families would be attending. 34. Planning Director Maurer questioned what the Board would like to do on the request of Douglas A. King for a letter stating the drainage had been installed on Deep Run Road andBirch Bark Lane. Motion To send a letter to Mr. King stating that the drainage has been xaetalled properly on Deep Run Road and Birch :Bark Lane and"the:proper<functtoning of the sub -drain system will be determined on the basis of test holes to be dug on each lot in the subdivision" after the system has been installed in its entirety. (Grant -Latham, all in favor)VOTED 35. Planning Director Maurer informed the Board that he was notified by Mr. Epstein that he would not persue the Condominium project on Elm street any further since the Board of Appeals had refused the special permit. 36. Planning Director Maurer informed the Board.that Mrs. Carol Thomas from Universal Engineer would like to meet with the Board to discuss further porjects that the Board could persue and obtain funds for. It was the consensus of the Planning Board To Invite Mrs. Thomas to the next meeting providing she does not discuss any projects that are funded throughthe Massachusetts Department of Community "fairs. 37. Mrs. Jellinek questioned if the names of the abutters are taken from the ass ,sore list at the first of the year. The Board stated that tin• Corr ct. CQ. , Clerk %% 1 Date