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HomeMy WebLinkAboutPlanning 09/25/1972MANSFIELD PLANNING BOARD AGENDA September 25, 1972 1. Call to order (7,30 P.M.) 2. Clerks Report a. Minutes of September 18, 1972 b. Correspondence 3. Warrant 4. Visitors Agenda 8:00 P.M. - Walter Millette 8:30 P.M. - Mrs. Margot Jellinek - re - Electric Substation 5. Old Business a. Status of Plans 1) Home Developers Inc. - Def. Sub, - Willow Street 2) Capt. John Williams Est. - Def. Sub. - William Street 3) Bernard Ekstrom - Form A - Fruit Street - 8/18/72 4) Canoe River Acres - Def. Sub. - Ware Street - 10/7/72 5) Norman Gray - Form A - South Main Street - 9/11/72 6) Richard Hallett - Form A - Fruit Street - 9/19/72 7) Richard Hallett - Prelim - Fruit Street - :1-1/13/72 8) Antosca Const. - Form A - Williams Street - 9/19/72 9) Rita F. Rodger - Form A - West Street - 9/25/72 10) Home Developers Inc. - Form A - Lawndale Rd. - 9/25/72 11) Karl Clemmey - Form A - Route 106 - 9/25/72 12) Janet L. Sullivan - Form A - East Street - 9/27/72 13) Janet L. Sullivan - Form A - East Street - 9/27/72 14) Allen L. Willis - Form A - Willow Street - 9/27/72 15) Antonino Caponigro - Form A - Gilbert St. - 9/27/72 16) Kelta Cap Realty - Form A - Reservoir St - 9/27/72 17) Edward Carl - Form A - County Street - 9/27/72 18) Nicholas Anagonos - Form A - Maple Street - 10/2/72 19) Magna Vista 11 - Def. Sub - Lawndale Road - 11y1:F1/72 20) Oakleaf Estates - Def„ Sub - Oak Street - 21) Spruce Acres - Def.'Sub - Fruit Street b. Proposed Zoning Map 6. New Business a. Application of Karl Clemmey b. Around the Table 7. Adjournment MANSFIELD PLANNING BOARD MI Nl1TES September 25, 1972 The Mansfield Planning Board met at the Town OffICc Building on Monday, September 25, 1972 at 7:30 p.m. Present: Chairman Mendes Planners: MacFarlane, Nelson, Latham, Wellington, Zaffini Town Planner Maurer 1. Letters were read from the following: Board of Selectmen to Chairman Mendes regarding the renaming of certain sections of School Street and Elm Street SRPEDD to Planning Board notice of Meeting of Ten Mile River Basin Task Force Mrs, Carol Thomas to Town Planner Maurer regarding draft of completion report for such additions and comments as you wish to make. Waldor Realty Corp. to the Planning Board requesting the release of the bank book number 419217 at Benjamin Franklin Savings Bank placed to cover the roads Pine Needle Land and Waldor Drive. John Healy, Norton Board of Selectmen to Town Manager Hannon regarding Canoe River Acres. Mrs. Margot Jellinek to Board of Selectmen and Polic Commissioners regarding the resignation of Mr. Paul Boyden from the Conservation Commission, Copy of questionaire sent to business owners on North Main Street by the Board of Selectmen regarding the parking on North Main Street and the consideration of Old Colony Way . Mr. James T. Grady, Town Counsel to the Planning Board regarding the covenant of Oakleaf Estates Copy of Memorandum from Massachusetts Collectors and Treasurers Association regarding the ''Fiscal Year'' law. Board of Appeals to Planning Board regarding application of Karl D. Clemmey of 750 South Main Street for a VARIANCE under Section III, Paragraph "D'' of the Zoning By�Law to establish a business for the sale and storage of motor vehicles and parts, the sale and storage of gasoline and diesel fuel with facilities to repair vehicles. Said business to be located on Route 106 approximately one mile from the Easton line would be non -conforming in an Agricultural Zone.' Copy of notice from Town Clerk to All Borads and Commissions and Committees regarding the records of minutes of the meetings. Zoning Board of Appeals to Planning Board regarding Amendment to the Decision of the Board of Appeals dated May 16, 1972, filed with the Town Clerk of the Town of Mansfield, on June 21, 1972, granting a special permit to Carole Ann Realty Corporation. Zoning Board of Appeals to Planning Board regarding decision on application of Leo E. Wolf a denied - 2 - Minutes September 25, 1972 Zoning Board of Appeals to Planning Board regarding decision on application of Peter DeGirolamo and Sons, Inc. - granted Zoning Board of Appeals to Planning Board regarding decision on application of John R. Krauth - granted Board of Selectmen to SRPEDD regarding grant funding for Witch's Pond Well Prolonged Test Town Planner Maurer to James T. Grady, Town Counsel regarding Earth Removal and Cluster Development By-laws. Lawyers Co -Operative Publishing Co, to Planning Board regarding Annotated Laws of Massachusetts. National Academy of Sciences - National Academy of Engineers regarding report on Urban Growth and Land Development: The Land Conversion Process. 2. Board discussed the minutes of September 18, 1972. Planner Zaffini noted that he was present at this meeting but was not listed as being there.., Potion: To approve the minutes of September 18, 1972 as amended. (Wellington-Zaffini, all in favor) VOTED 3. Board discussed the warrant of September 26, 1972. Planner Latham questioned Town Planner Maurer as to how may calls were made for the Planning Board and how many were made for other departments. Planner Maurer noted that all the calls were made for the Planning Board. Motion: To approve the warrant of September 26, 1972 in the amount of $146.37. (Wellington -Latham, all in favor) VOTED 4. The Board met with Mr. Walter Millette of Waldor Realty Corp, regarding bonding for New Mansfield Estates and the 645 feet of Leonard Street that Waldor Realty will be responsible for constructing. Mr. Mil tette stated that he would like to set up the same method as used in Pineneedle Park. It was noted that the construction would be done by Bella Construction and that the contract was for the amount of $22,500, divided into 4 categories, $10,500 when storm4d Ki®r and sewer lines are completed, $6,000 when the water line is completed, $35j --oft when the base and top coats are installed, and $2,500 when the berm and walks are installed. Planner Wellington questioned the fact that if they released Mr. Millette's end that the Board has no garuantee that Mr. Boutas would finish his. Mr. Millette informed the Board that Mr. Boutas was going right in to where his water services and sewer services will be studded so that Mr. Millette can go right in and pave his roads. The Board then asked Mr. Boutas if he was planning to have the same contractor and Mr. Boutas informed the Board that it would depend on the price the contractor gives him„ Engineer James Freeman then presented the plans for Mr. Boutas with drainage systems shown on it. Town Planner Maurer noted that the cross section of the drainage ditch had been shown as requested. Mr. Millette informed the Board the he would be installing the manhole in front of lot 20 so that Mr. Boutas could connect from there. -3 - Minutes September 25, 1972 Planner Wellington questioned the side slopes of the ditch. Mr. Freeman r informed the Board that actually there would be no ditch as it would be underwater mostly and that it would be a manmade ditch so that materials would be brought in to take care of the 1-1 slope. it would be a stoned material that they would bring in. Town Planner Maurer then questioned if 1-1 was appropriate or should it be 2-1. Mr. Freeman stated that he thought it was already confirmed with the Planning Board and that 1-1 would be alright. Town Planner Maurer brought it to the Boards attention that the Board of Assessots questioned that one was Leonard Street and one was Leonard Circle and that there might be problems. The Board noted that they had discussed this once before and could find no reason why this should be changed. Chairman'Mendes then noted that the plans had no signature block on it and there was no Engineers stamp on it. The Board decided that once he put the signature lines on it there was no reason why the couldn't sign it and have him stamp it later. It was noted that August 21st was the first motion to sign the plans and that it should be dated then. Motion: To sign the Definitive Subdivision Plans for Home Developers Inc,/ approved on August 21, 1972. (Wellington-Zaffini, all in favor) VOTED Mr. Millette questioned his bond procedure. Chairman Mendes questioned if Mr. Millette had a contingency on there. Planner Maurer noted that on Pine - needle Park they had a contingency for $5,000 to be released oneyear after completion. Mr. Millette informed the Board that he would like to go through and build the whole street without a bond. Town Planner Maurer then noted that the problem with this was that when they get their building permits and their trucks start backing over the berm so it would be better if he did not put his final coat on until the subdivision was complete. The Board and Mr. Millette both agreed upon this. It was noted that Town Planner Maurer's esti- mated figures on road gravel $438, stonebounds $500, and his paving figures were $70 higher so $1,125 was not covered under his notes, and that the Towns figure on the berm and sidewalk was $5,100 and Mr. Millettes was $3,500. Mr. Millette noted that he had agreed to let the contractor take the gravel out of his lots in Pineneedle Park to cut down his cost. Chairman Mendes noted that if the Town got stuck they would have to pay for the gravel so it would have to be figured in. It was the consensus of the Board to have Mr. Millette obtain bank books in the following amounts; $10,500 to be released when storm drains and sewer lines are completed 6,000 to be released when the water line is completed 2,500 to be released when the base coat is installed 3,500 to be released when the berm, walks, and final coat is installed 2,000 to be held for a period of one year' from date of completion for a contingency Motion: To approve the release of the covenant for lots IW, 2W, 3W, 4W, 5W and 20 as shown on the New Mansfield Estates Subdivision plan approved July 5, 1972 and amended August 21, 1972, when the bonds are received. (MacFarlane -Nelson, all in favor) VOTED _4 - Minutes September 25, 1972 /T 5. The Board met with Engineer James Freeixnn to'discussa Form A extension of Lawn® dale Road. The Board noted that there was a house existing that did not show C on the plans and that they might be making the existing house non -conforming. Plans were returned to show the dwelling, �� ,z ✓ v� � ,;Z e ) p Z�,yxidref �d��✓ir��ir,� �=ca�xo� l 6. The Board met with Engineer James Freeman to discuss the Form A for Karl Clemmey on Route 106. It was noted that there is not enough existing frontage and that the abutters had not been shown on the plans. It was also noted that there was no zoning classification. The plan was returned. 7. The Board met with Margot Jellinek to discuss the new electric substation. Mrs. Jellinek informed the Board that next Wednesday would be the opening of the Gilbert Street substation operation. Mrs. Jellinek questioned the Board as to what information they had in regards to this substation about the loam conditions. Town Planner Maurer informed Mrs. Jellinek that he had only seen the plans informally and that he was not sure who the engineer was. Mrs. Jellinek then questioned as to why the plans where shown to the Town Planner and not to the Planning Board. Mrs. Jellinek questioned the Board as to why they had not familiarized themselves with the plans as she felt that it con- cerned the Planning Board and that a Hatch Act may be involved as they would be bringing in 40000 cubic yards of gravel and that she felt that the Planning Board should have gone and looked at this site and reviewed the pians as it was their job. Chairman Mendes stated that they would ask the Ligh Department why they had not shown them the plans. Mrs. Jellinek stated that she thought the Planning Board should check to see if a Hatch Act Hearing should be held. { 8. The Board discussed the Form A Plan for Bernard Ekstrom. It was noted that it had been returned for zoning classification and everything was on as re- quested. it was also noted that there was a very high water table in that area. The Board felt that a house shouldn't be built there because of this but there was no law that could prevent it, as it was all surface water. Motion: To sign the Form A Plan for Bernard Ekstrom, Fruit Street. (MacFarlane -Nelson, all in favor) VOTED 9. The Board discussed what could be 'done in cases where there is a high water table to warn the unsuspecting buyer. It was decided that they should obtain legal advise on this. 10. The Board discussed the Definitive Subdivision Plan for Canoe River Acres. It was noted that there was no signature blocks and no engineers stamp on the plans. Town Planner Maurer advised the Board that the Board of Wealth was still waiting for information on the pert test, and action by the Plan- ning Board should be taken by October /th. The Board noted that they would be having one more meeting before this. Town Planner Maurer then advised the Board that one of the things brought out at the hearing is the ditch at the edge of the property. Planner Maurer asked the Board if they would pre- fer a ditch or a drain pipe. The Board decided that a ditch would be better but a cross section of the ditch should be put on the plans. Town Planner Maurer then noted that in relationship of the ditch to the pipe one of the concerns was that the pipe would be running full all the time causing pro- blems. The Board then discussed having them install a subdrain system first. Motion: That the subdrainage system be put in and set and be functioning properly prior to approval of the plans. (MacFarlane®Zaffini', all in favor) VOTED -5 - Minutes September 25, 1972 Town Planner Maurer asked the Board to wait a week before taking final action and he would get more information as to the time they should allow for the drainage to work, The Board agreed to let Town Planner Maurer prepare a draft decision for Canoe River Acres and plans to be approved subject to approved operating subdrain system. 11. The Board again reviewed the Form A Plan for Home Developers Inc, for land on Lawndale Road, Mr, Freeman presented the plans showing the existing dwelling and the zoning classification as requested, Motion: To approve the Form A Plan for Home Developers Inc, extension of Lawndale Road, (Wellington -MacFarlane, all in favor) VOTED 12, Board discussed the Form A Plan for Norman Gray for land on South Main Street. It was noted that it had been returned to them for zoning classifi- cation and buildings but the house had been taken down and the zoning was shown as requested. Motion: To sign the Form A Plan for Norman Gray for land on So. Main Street. (Wellington -Nelson, all if favor) VOTED 13, Board discussed the Form A=.for Richard Hallett, Fruit Street. It was noted that the zoning classification was not shown on the prints. It was also noted that part of the land shown was in Norton, which would require Norton's sig- nature. It was noted that the abutters were not shown just before the Norton line. The plan was returned to be cut off at the Mansfield -Norton line and show the abutters just before the Norton line, 14, Board discussed a preliminary plan for Richard Hallett, Fruit Street. It was noted that it did not conform with the Subdivision Rules and Regulations as it did not show any proposed streets and it was therefore returned because it was not duly submitted, 15. The Board discussed the Form A plan for Antosca Construction, Williams Street. It was noted that there should not be a property line on lot A and Lot 3 as they were one lot, He cannot sell lot 3 because it makes lot A non -conforming, There are dwellings on tot 3 that are not shown on the plans. Garrett is not the correct abutter. It does not show the distance from lot 1 to Tremont Street. The dimensions are not shown on the NE corner at the Stonewall. The plan was returned. 16. The Board discussed the Form A plan for Rita F. Rodger, West Street. Motion: To sign the Form A for Rita F. Rodger, (MacFarlane-Zaffini, all in favor) VOTED 17. Board discussed the Form A Plan for land on East Street for Janet L. Sullivan for lots B2 and A. It was noted that there was no dimension lines to Town line. It was also noted that there was no reason why they couldn't make the North arrow so that it could be seen more easily. The plan was returned, 16. The Board discussed the Form A Plan for land on East Street for Janet L. Sullivan for lot C. It was noted that there was no dimension along the Town line, The plan was returned. 19. Board discussed the Form A Plan for Antonino Caponigro for land on Gilbert Street, it was noted that although they were only to be concerned with one -6- Minutes September 25, 1972 lot, both lots were colored on the locus plan. Board returned the plan, 20. Board discussed the Form A Plan for Edward Carl on County Street. It was noted that the parcel should show more wetland and that parcel 2 did not show any frontage„ It was also questioned if Mr. Pettini could sell parcel 2 because he would be making non -conforming lots. The Board would like more information concerning this. 21. Board discussed the Form A Plan for Keitacap Realty. It was noted that on the locus plan the land was shown going in the opposite direction of the plan itself. The plan was returned to be corrected. 22, Board discussed the Definitive Subdivision Plan for Magna Vista II. It was noted that there were two low areas on the plan. One where the gravel pit is and one in the area of lot 29. It was noted that the lot 29 area would be drained through the back of the lots and out into the street drainage system. Board decided to review this at a later date. 23. Board discussed the plans for Oakleaf Estates. Town Planner Mauere advised the Board that the amount of the covenant was in conformance with Town Counsel Grady but Grady advised that another clause be added. It was also noted that the date on the plans did not agree with the date on the covenant, Town Planner Maurer suggested that the plans be signed and then have them change the date. Planner Latham noted that he thought it would be better to review the plans in full next Week before they signed them. It was the Boards con- sensus that Town Planner Maurer was to look over the plans during the week and then the Board would review them at their meeting for 30 minutes next week along with Magna Vista 11 and the rest of next weeks meeting would be set aside for Work Session and Zoning Map. Motion: That the so called Work Session Meeting including no visitors but to review the plans. (Wellington -Nelson, all in favor) VOTED 24. Board reviewed the memorandum from Town Planner Maurer regarding the application for a VARIANCE for Karl Cl.emmey. Planner Zaffini felt that paragraph 6 should be worded differently as he felt it was just agitating the Zoning Board of Appeals. Planner Nelson felt that he did not agree with paragraph 5 as he did not feel it should be a residential area. He noted that back 4-5 years ago the Board had looked of changing this to commercial. It was noted that there was all ledge in the area and this would not be good for residential. It was also noted that there were no facilities so it would not be good for commercial. It was decided that the zoning of this would be considered at the next meeting and then they would decided how to word the letter to the Board of Appeals for Karl Clemmey. 25. Board discussed the meeting scheduled with Cabot, Cabot and Forbes. The Board felt that it would be easier if they could change the meeting to be held here in Mansfield instead of Boston at around 6:00. Town Planner Maurer to call Mike Murphy to see if this could be arranged. 26. "ting adjourned at 11:15 P.M. Clerk /V /Z A7Z, Date