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HomeMy WebLinkAboutPlanning 09/12/1973MANSFIELD PLANNING BOARD AGENDA September 12, 1973 1. Call to order (7:30 P.M.) 2. Clerk's Report a. Minutes of meeting of August 29, 1973* b. Minutes of meeting of September 5, 1973 3. Warrant 4. Visitor's Agenda 8:00 P.M. Robert Chavaree and others re: Preliminary Subdivision Plan 8:15 P.M. Joseph Santos and others re: Highland Estates 9:QO,P.M. Jeff Sousa re: Fernandes Parking Lot on Campbell Street 5. Old Business a. Status of Plans 1) Highland Estates - Def. - Elm Street - 9/26/73 2) Circle "C" Estates Def. - West Street - 9/,12/73 3) Mansfield Industrial Park Realty Trust - Def. - Maple Street** 4), Mansfield Trust - Def. -_Forbes Boulevard - 10/27/73 5) Great Woods Development Def. - South Main Street - 10/28/73 6) Robert Chavaree - Prelim. - Union St. Ex. ;= 10/31/73 b. Canoe River Acres c. Letter to Department of Community Affairs re: 701 6. New Business Around the Table 7. Adjournment *previously sent out '*Copy of bond amount is enclosed MANSFIELD PLANNING BOARD MINUTES September 12, 1973 The Mansfield Planning Board met at the Town Office Building on Wednesday, September 12, 1973 at 7:30 P.M. Present: Chairman Zaffini, Clerk Grant Planners: Nelson, Dunn, Wellington, MacFarlane, Latham Planning Director Maurer 1. Letters were read from the following: Board of Health to Douglas King re: Canoe RiversAcres Board of Health to Planning Board re: Circle C Estates Planning Board to John B. Griffith re: Mansfield Industrial Park Realty Trust - Performance Guarantee Planning Board to Department Heads re: Preliminary Subdivision Plan for Robert E. Chavaree Planning Board to Charles T. Francis re: Mansfield Industrial Park Realty Trust - Definitive Subdivision Plan Conservation Commission to Brad Griffith re: Support of Town Article UMASS to Planning Board re: training course Comm. of Mass re: Census of Manufactures UMASS re: Courses on Cable Television Federal Reserve Bank of Boston re: New England Economic Indicators Cooperative Extension Service re: Public Drinking Water Supply 2. Board reviewed the minutes of August 29, 1973 and noted the following: Page 4 - Article 8 - to read: "Planner Wellington ,noted that the Board had not bonded any other ditches or retention areas in the Town, etc." Motion: To accept the minutes of August 29, 1973 as amended. (Wellington -Grant, all in favor) VOTED 3. Board reviewed the minutes of September 5, 1973 and noted the following: Page 4 - Article 16 - to read: Motion: To receive from Mrs. Thomas $3,000. Motion: To accept the minutes of September 5, 1973 as amended (Wellington -Grant, all in favor) VOTED -2 - Minutes September 12, 1973 4. Planning Director Maurer noted that Jeff Sousa who was scheduled to meet with the Board at 9:00 P.M. re: Fernandes Parking Lot on Campbell Street, had cancelled the meeting for tonight and noted that he would be in in a couple of weeks. 5. Planning Director noted that the Board of Health had voted to disapprove the plan of Highland Estates. The Board of Health had sent a letter to Mrs. Skene asking for specific information and since they had never received a response from the applicant, the Board of Health voted to turn it down. 6. Planning Director noted that the plans for Circle "C" Estates were received this afternoon and that in going over them briefly he noted that the first 7 points requested in the Planning Board's letter of August 14, 1973 were on the plan. He also noted that Mr. Maloon would be in to meet with the Board later. 7. Planning Director noted that the letter to Mansfield Industrial Park Realty Trust regarding the bond amount had been drawn up. The total amount is $299,750.00. Motion: To accept the amount of $299,750.00 as the amount: to be held as security on work to be completed on the Mansfield Industrial Park Realty Trust. (Grant -Nelson, all in favor) VOTED 8. Planning Director also pointed out that Ryan -Elliott would like a letter from the Planning Board supporting any Town Meeting action necessary for the transfer of the 26.5 square feet of land.to the Francis Ave. right-of-way. Motion: To send a letter supporting any Town Meeting action necessary for the transfer of the 26.5 square feet of land.to the Francis Ave. r'ight�of-way; !. 1 (Wellington -Grant, all in favor) VOTED 9. Planning Director noted that Ryan -Elliott would also like a letter from the Planning Board supporting at some future date an article relating to acquisition of drainage easement across Town of Mansfield property under the control of the Conservation Commission. Motion: To send a letter to Ryan -Elliott supporting an article relating to the acquisition of drainage easement across Town, of Mansfield property under control of Conservation Commission. (Wellington -Grant, all in favor) VOTED 10. Board met with Robert Chavaree and Ralph Maloon re: Preliminary Subdivison Plan of Robert Chavaree. Mr. Maloon pointed out that they would need a sewer pump in Benefit Street and that they would eventually have to go for a Hatch Act hearing. He also pointed out that easements on South Main Street along with two other subdivisons emptied into the swamp and that the swamp area had been extended and also that they were not asking to drain the swamp. Regarding the amount of fill on the lots near the swamp, Mr. Maloon noted that a lot would rest on the determination of the Conservation Commission and the test holes. Planning Director noted that the plans had gone out to the different ®3 - Minutes September 12, 1973 Department Heads. Messrs. Chavaree and Maloon stated they would return with a plan showing the roads, houses, etc. 11. Board met with Joseph Santos re: Highland Estates. Mr. Santos stated that their engineers had made all the changes the Board had requested with the exception of the light stanchions because they still had not received the specifications from the Electric Department. He requested that the plan be endorsed by the Board. Planning Director Maurer noted that the Board had a letter from the Board of Health dated September 6, 1973 to the Planning Board noting their disapproval of the plan due to insufficient information being provided on the type of sewage disposal and quantities and the type of residences. Mr. Santos questioned whether the Board of Health acted within the time period required by the General Laws. Planning Director noted that he checked with Town Counsel regarding this matter and that the 45 day period has now been amended regarding a subdivision which will:not hook into a sewer system. Therefore, the Board of Health is under no time limit to take action. Mr. Santos stated that the Statute requires that in the event of disapproval, the Board of Health will set forth which specific lots are disapproved and will make recommendations to correct those lots. He asked again for endorsement of the plan by the Planning Board subject to the perk tests being made on each lot before any building permits would be issued. He noted that the Covenant had been signed by Mrs. Skene but that he was unable to get anyone at the bank to endorse it. Planning Di -rector noted that as far as he could see from the plan,`that they had complied with everything that the Planning Board had requested, however, he suggested that before the Planning Board approve the plan, that they iron out their problems with the Board of Health, and when they received the Board of Health's endorsement, then the Planning Board would also endorse the ,plan. <Mr. Santos again requested the Board's approval at this time. Chairman Zaffini noted that they would discuss the matter later. 12. Board reviewed the Definitive Subdivision plan for Great Woods Development. (Clerk Grant 'left the room at this time and did not participate i,n the discussion). It was noted that the public hearing is scheduled for September 26th. Chairman Zaffini pointed out that the name of Cedar Street should be changed because of an existing street with a similar name. He then read all of the restrictions on the map to the Planning Board, and pointed out that the Board had reviewed this plan previously. Planning Director noted that nothing had been received back on this plan yet from the different Department Heads. Planner Latham suggested that the Planning Director call the Department of Public Works regarding Route 25, but the Planning Director noted that many letters have been sent to them along with the Notice of Public Hearing, so he felt that they had been properly notified. 13. Board discussed Canoe River Acres. Planning Director noted that they had gone out and walked the land last Sunday. Planner Nelson noted that the water was below the pipes in the manholes they checked. Planner Wellington noted that the land was dry and there were no puddles anywhere on the land and that he felt that it was below the water table. Planning Director noted that King would like the plan to be approved and that those lots indicated in L. Gaynor's report could be released for construction subject to any other requirements by the Board of Health and other lots being h0 d.in accordance with the agreement we had before. He noted that King wanted this approval so that he could obtain more mortgage money to pay for imrovements made on the prpperty. -4 - Minutes September 12, 1973 Planning Director noted that King should be held to the original letter of agreement dated April 23, 1973, and suggested that the plan be alproved_ subject to all of the conditions in the letter of April 23, 1973 and that the conditions be added on the linens :and not; as an attachment. Motion: To advise Mr'. King that the Board will grant approval to the Definitive Subdivision Plan when the conditions noted in the letter of April 23, 1973 have been drafted on the linens, the underdriin system that runs along the rear of lots 15, 16, 17, and 18 and between lots 28 and 29, 2 and 27, and 22 and 23 has been installed, the easement along the northerly property line has been widened from 20 feet to 50 feet, the plans note that a typical cross section of the drainage ditch show a 2 to I slope and loamed and seeded and the provisions are made for the proper coverage of the gas line, (Nelson-MacFarlane,all in 'favor) VOTED 14 Board met with; Walter Millette, Ralph Maloon & Neil Roche re: Circle "C" Estates. Chairman Zaffini read a letter to the Planning Board dated September 12, 1973 from Graphic Research & Mapping. Mr. Maloon noted that they had corrected items 1 through 6 as requested in the Planning Board's letter of August 14, 1973. In regard to item #7, Mr. Millette had talked to Mr. Ferrier of the Light Department and Mr. Millette agreed to conform to the rules and regulations of the Electric Light Department. In reference to item #9, Mr. Maloon presented a letter signed by Joseph Rezza indicating his approval of a drainage easement across his property. Mr. Maloon stated that he also had a verbal approval from Mr. DeSantis. On item #10, Mr. Maloon stated that this will require a hearing. He noted that item #11 would be amended. Mr. Maloon presented the Board with a letter explaining items 9, 10, 12, 13, 14 & 15 in detail. Planning Director pointed out that the Board of Health and Town Manager were concerned with the impact that the subdivision would have on the West Mansfield wells, and that the Town Manager had sent a letter to Whitman & Howard, Inc. Planning Director read the letter from Whitman & Howard, Inc, dated July 27, 1973 to the Town Manager. Mr. Maloon stated that the drainage outfall at the brook is 1200 feet upstream of the well and that the water from the outfall would flow about 300 feet by the brook and 900 feet by the swamp before it reached the well. He also noted that the name of Mare Street would be changed to Pinto. Mr. Roche noted that the lots had been squared off and that the Town would be given an easement of 151 square feet. He further noted that the owner would grant a perpetual easement to the Town. Planning Director Maurer stated that the Town 'd1d-not want that, that the Town would want outright ownership. Mr. Roche noted that when the Subdivision Plan was approved by the Board, that at that time it would go to the street right-of-way, and that he would add that clause. Planning Director noted that the Board would need the definitive documents with the clause added and that Town Counsel would have to look at it. He also noted that the Planning Board had received the plans this afternoon and had not had much time to look them over. Mr. Roche presented a letter to the Board requesting an extension to September 26, 1973. He also noted that they would sign a Covenants . -5 - Mi nu<tes: September 12, 1973 Planning Director Maurer suggested that they talk to the Board of Health to try to clear up any problems they may have;and that he would meet with the Recreation Commission next week to discuss the recreation area and suggested Mr. Millette also stop by with the plan as he was not sure whether the Recreation Commission was familiar with it. Motion: To accept the Letter of Extension to September 26, 1973 (Wellington -Grant, all in favor) VOTED Clerk Grant asked the Board if they were going to accept the change of street name from Mare Street to Pinto. Motion: To accept the street name as amended. (Grant -Wellington, all in favor) VOTED Motion: That the Board obtain a letter from DeSantis and= -Smith regarding the drainage across his property. (Grant -MacFarlane, all in favor) VOTED Planning Director suggested that the Board should not take any action on the plan until item #16 regarding the deed for lot #1 on West Street was crystal clear. Planner Wellington noted that he did not think the recreation area should have any bearing on whether the plan was approved or not. Motion: That the recreation area situation not hold the plan up. i (Wellington -MacFarlane, all in favor) VOTED 15. Board reviewed the Form A Plan for Robert Rizzo. (Clerk Grant left the room and did not participate in any discussion)_ Planning Director noted that'Sweet had signed the Form A as the owner of the property thereby giving his consent for an easement going to the subdivision. Motion:: To sign the Form A Plan for Robert Rizzo (Nelson -Wellington, Dunn, Latham in favor,"MacFarlane opposed) VOTED 16. It was the consensus of the Board to put off the letter to the Department of Community Affairs re: 701 until next week;; 17. Planner Nelson suggested that the Board get in touch with Town Counsel to see where the Planning Board stands when the Board of Health refuses a plan. He felt it should have no bearing on the Planning Board's approval. Planning Director noted that he thought; that the Board of Health should also be present at the meeting with Town Counsel Motion: To meet with Town Counsel, and Board of Health to get an opinion from Town Counsel in writing as to where the Board stands when the Board of Health refuses a plan that the Planning Board feels should be approved. (Nelson -Wellington, all in favor) VOTED 18. Planner Wellington suggested that the Planning Board write the Board of Health a memo to find out how the consultant, Gaynor, was able to approve lots 9, AD, J5, 16, 17 and 18 on a Subdivision Plan entitled Canoe River Acres Minutes September 12, 1973 when by his own letter he did not perk lots 16, 17 and 18, with a copy to the Town Manager, Board of Selectmen and the Finance Committee. Motion: To write the Board of Health a memo to find out how the consultant, Lester Gaynor, of SEA Consultants, Inc., was able to approve lots 9, 10, 15, 16, 17 and 18 on a Subdivision Plan entitled Canoe River Acres when by his own letter he did not perk lots 16, 17 and 18, with a copy of the memo to Town Manager, Board of Selectmen and the Finance Committee. (Wellington -MacFarlane, all in favor) VOTED 19. Chairman Zaffini noted that he observed that people are still moving in to Twin Oaks and that the final coat of pavement is on the parking lot and the drainage pipe was still sitting out in the lot. Motion: To send a letter to Building Inspector informing him that the storm drainage system still has not been installed and to request that no further occupancy permits be issued until the drainage system is installed. (Grant -Wellington, all in favor) VOTED 20. Board discussed Wayside Estates. (Clerk Grant left the room and did not participate in the discussion) Planning Director noted that there was a leak in a water pipe which occurred within the last month. The question raised was who is responsible for repairing it as the street has not been accepted but it is over I year since the "As -built" plans have been submitted. 21: Board signed the plans for Ryan -Elliott 6 Company, Inc, re: 'Mansfield Industrial Park Realty Trust. 22 . Meeting adjourned at 11:00 P.M. .SIA•+ is the c o�c�v�s�ts o -c -Eyre Plav,v+ivi 9 i�`GG�fCct-�-(ovis �or-- f'f�l�isVl,�c4� d8�lelo�uttie�� �L�!-�� 5�c1c�a,-cQs Clerk �o'� �%7✓� Date