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Planning 11/06/1972
MANSFIELD PLANNING BOARD AGENDA, November 6, 1972 1. Call to Order (7:30 P.M.) 2. 'Clerks Report a. Correspondence b. Minutes of October 30; 1972 3. Warrant 4. Visitors Agenda 8:oo P.M. Margot Jellinek re. Rezza Gravel Pit 8:30 P.M. Paul Dalton re. Berkshire Road 5. Old Business a. Status of Plans 1) Magna Vista 11 - Def. Sub. - LawndalelRoad —11/18/72 2) Mansfield Trust - Def. Sub. - Forbes Boulevard - 11/24/72 3) Leon Grant -'Form A Creeden Street - 11/14/72 4) Canoe River Acres b. ` Zoning 'I 6. New Business Around the Table 7. Adjournment MANSFIELD PLANNING BOARD MINUTES November 6, 1972 The Mansfield Planning Board met at the Town Office Building on Monday, November 6, 19/2 at 7:30 P.M. Present: Planners - Latham, MacFarlane, Nelson, Wellington, Zaffini Town Planner Maurer i.. Motion: To make Planner Wellington acting Chairman for the evening. (Latham-Zaffini, all in favor) VOTED 2. Letters were read from the following: Conservation Commission to Commissioner Arthur Brownell of the Department of Natural Resources regarding the application of Joao Periera. Town Counsel to Planning Board regarding the Proposed Zoning Provisions --set aside to be discussed later. gla nin Board to Paul Dalton of Cabot, Cabot and Forbes regarding Forbes oulnevah extension of School Street. Planning Board to Paul Dalton regarding Hodges Brook Flowmeter. Planning Board to Paul Dalton regarding Berkshire Road Subdivision Plan. F Public Law Memos from the Department=of Community Affairs regarding court cases of when zoning becomes effective' Public Law Memos from the Department of Community Affairs regarding putting moratoriums on construction. Brochure on Seminar for Solid Waste,Management Memorandums and Agendas from the Joint Transportation Planning Group. Notice„of Meeting of the Ad Hoc Regional Sewer Study Committee on November 9, 1972. Copy of the Building Permits Issued for the month of October. Memorandum from Town Planner Maurer to the Mansfield Planning Board regarding Wayside Estates - Inspection Report and Bond Estimate. 3, Board discussed the Memorandum from Town Planner Maurer regarding Wayside Estates, Town Planner 'Maurer pointed out that Mr. Robert Rizzo's original request was to build just Saddle Ridge Road, but this would be creating a ;1135 foot dead end road. In keeping with the policy of the Board it would be better to have Mr. Rizzo `loop the road back to Black Pond Road. Town Planner Maurer pointed out that there were 8 lots on the southerly side of Carriage Lane that Mr. Rizzo could not get,, percolation on and he had spoken to the state about running a septic line on the back property line of these lots and then carrying it across F Carriege Lane and putting a septic system on the three lots that have good pert y l olation on the Northerly side of Carriage Lane. The Board questioned if this was possible and Town Planner Maurer informed the Board that the State had advised Mr. Rizzo that he could do this as long as all the land that is involved with the s septic system 1s under.a singld;ownership, Mr. Rizzo has informed Town Planner Maurer that he intends to put duplex houses on the 8 lots on Carriage Lane that i will be using the septic system and that the 3 lots containing the septic system 19 8. Board met with Engineer Paul Dalton and Mr. Mike Murphy from Cabot, Cabot and Forbes to discuss the letter sent by the Planning 'Board regarding Berkshire Road Subdivision Plan. Engineer Dalton pointed out ;that they had designed the drainage for a 10 year storm and the letter suggested that they did it up - 2 - Minutes November 6, 1972 ? i will not be built on and all 11 lots will be owned by himself. It was noted that Black Pond Road, Old farm Road and part of Wayside Drive are completed. Town Planner Maurer informed the Board that Mr. Rizzo would be in later in the evening to discuss this further. 4. Board discussed the minutes of October 30, 1972. It was noted that item 12 on page 4 should read "Mansfield" instead of "Norton". Motion: To approve :the Minutes of October 30, 1972 as amended, (Latham-Zaffini, all in favor) VOTED 5. Motion: To approve the warrant of November 7, 1972 in the amount of $61.67. (Latham -MacFarlane, all in favor) rVOTED 6. Board met with Mrs. Margot Jellinek to discuss the land of Rezza. Mrs. Jellinek ' asked Town.Planner Maurer to present the Form,A,Plan for Russell 'Taylor for land j on Brown Avenue. Mrs. Jellinek pointed out to the Board that the ,Form A'Plan she had obtained from the Registry of Deeds for Rezza for 'land on Brown Avenue was signed by the Mansfield Planning Board on August 14, 1972, which is the same ,day they signed', the Form A Plan for ;Russell Taylor. Mrs. Jellinek then pointed out that the plans were identical. After checking ,over the status of plans it was noted that the 'Board had only signed one plan on August 14, 1972 and it was for Russell Taylor. Upon examining the plans carefully the Board noted'' that the name had been changed from Taylor to Rezza after the plan had been signed. Motiont Tb,wrlte:to the Registry of Deeds and find out the legality of changing a plan after it has been signed by the Planning Board. € (Za:ffini-MacFarlane, all in favor) VOTED It was noted that it was Book 134 page 10, filed on August 14, 1972. , 7. Board discussed the Definitive Subdivision Plan for Magna Vista 11, Lawndale Road, j Town Planner 'Maurer <pointed out that there was no stream shown through the property and that at the hearing he had learned that the culvert was blocked up and upon checking this out he found that it was. Town Planner Maurer informed the Board that after looking at the property and then looking at the plans that the configuration of the property just doesn't look the same. It was noted that there are two houses at the end of :the cul-de-sac and that it would be advisable to have a hydrant installed there to bleed the line all the way down, It was noted that there is a low point on Laurie Lane which has no catch basin provided for and there is no ,place for the water to go. Planner Latham stated that he i felt the whole drainage system should be shown on the plans. It was the consensus of the Board that more information would be needed for the drainage system,. Town.Planner Maurer.4 nfarmed the Board that at one time they had talked of the possibility of having the builder loop the water back to Stearns Avenue but the only problem was that he would have to have an easement from one of the abutters. Town Planner Maurer pointed.out that with the proplem of water pressure in that area that it would be advisable to do this. Motion: To request more information on the drainage system and more information on the swamp, l (Zaffini-MacFarlane, all in favor) VOTED l 8. Board met with Engineer Paul Dalton and Mr. Mike Murphy from Cabot, Cabot and Forbes to discuss the letter sent by the Planning 'Board regarding Berkshire Road Subdivision Plan. Engineer Dalton pointed out ;that they had designed the drainage for a 10 year storm and the letter suggested that they did it up WM Minutes November 6, 1972 and replace it with a 25 year storm drain. Engineer Dalton proposed to the Board running a 12 inch drain pipe parallei_to the 10 year storm drain that they had already installed with a drainage easement to the existing catch 'basins so that there would be a 12 inch ;pipe and a 15 inch pipe and would put two. new basisn to hook into the 12 inch pipe. It was the consensus of the Board that it was not necessary to plug the basins that they could be joined with the new 12 inch drain pipe running along with it. I Motion: To accept the proposed 12 inch drain pipe as presented by Engineer Paul Dalton. (Nelson -MacFarlane, all in favor) VOTED Town Planner Maurer questioned the thickness of the road. It was noted that Forbes Boulevard is 6 inches thick and this, proposed road was only_4 inches. Engineer Dalton pointed out that Hampshire Road is only going to be 5 inches thick and that where Berkshire Road is only a small cul-de-sac that they felt that 4 inches would be sufficient, and that they were submitting this for approval at 4 inches. It was noted that they were not sure what construction would take place in the future in that area and that the Subdivision Rules and Regulations calls for 1 inch on the top, 2'inches on the binder and 3 inches of bituminous concrete. Planner Latham questioned if Engineer Dalton was going to, propose every, road to be different according to what is going in there. Engineer Dalton informed the Board that the consider the kind of industry and the amount of traffic linvolved for these industries. ''Planner Nelson stated that he was surprised to learn that Hampshire was not six inches that he thought all the roads in the industrial park would be six inches. Planner Nelson stated that he felt the road should be atleast,5 inches. Planner Latham questioned if 5 inches would be adequate as they did not know what kind of industry would be going in the area in the future. Engineer Dalton stated that the type of industry is based on the sub-surfaceand the 'topography of the land and there shouldn't be any heavy industry in that area. It was the consensus of the Board g to {discuss this further and determine if every road should be the same. Engineer - Dalton then L;questioned if next week was a regular meeting so that he could bring; the plans in for approval. It was noted that it was a work session but they would put the plan on the Agenda and meet with Engineer Dalton again. 9. Engineer Dalton stated that he would like to make arrangements for the test holes to be dug on the Forbes Boulevard extension of School Street. Town Planner Maurer stated that he would like to have a member from the Planning Board present with him when this is done. Planner Nelson stated that he would be willing to go. Mr. Murphy informed the Hoard that this was only ;,a means of access and he did not see why the Board was concerned about it. It was the consensus of the Board the Town Planner Maurer and Planner Nelson make arrangements to met with Engineer Dalton and Mr. Murphy for the purpose of taking test holes. 10. 'Board met with Mr. Frank Lightowler from the Electric Power Company. Mr. Lightowler presented a Form A Plan to bd.signed for land behind the Gilbert Street Power Station. It was noted that there was a right-of-way to the power station and it consisted a parcel of land purchased from the Town. An access road would be provided out to Gilbert Street, to the land behind the power station. i Motion: To sign the Form A plan for New England Power Company for land behind the k Gilbert Street power station. Y (Nelson-Zaffini, all in favor) VOTED. _4_ Minutes November 6, 1972 ll. Board met with Mr. Robert Rizzo to discuss the bond estimate for Saddle Ridge Road, within the Wayside Estates. Mr. Rizzo pointed out that he would like i to develop the first 8 lots on Saddle Ridge Road but he did not want to have to bond Wayside Road and 'Carriage Lane along with it, so he would be develop- ing lots 1148 - 1155. Mr. 'Rizzo _stated that rather than build on the northerly side of Carriage Lane he would like to build duplexes on the Southerly side of Carriage Lane and put a sewer line along the property lines and run it across to the northerly side of Carriage 'Lane. The State has informed Mr. Rizzo that he cannot cross Carriage Lane with a sewer line untilhe'revieves ` permission from the Planning Board, Mr, Rizzo asked the Planning Board for permission to bond part of Saddle 'Ridge ;Road and to cross Carriage Lane with a 12 inch sewer line. Mr. Rizzo pointed out that he would like to finish I Saddle Ridge Road up to Wayside Road and thenbuild on Carriage Lane. Mr. Rizzo pointed out that he could build on lots 11413-1155 as he has percolation already taken. The Board questioned how soon he would be planning to build i on Carriage Lane and Mr. Rizzo informed them that it takes at least 6 months for, the State to approve the design of the septic system, after the plan is 8 submitted to them, but first Mr. Rizzo would have to obtain permission to cross Carriage Lane, It was noted that it would take 1135 feet to get all 8 lots in on Saddle Ridge, Road and they would have to waiver the 500 foot dead end road. It was noted that the Town is still holding a bank book in the amount i of :$15,329, for Old Farm Road, which will be finished _in,approximately two weeks, it was the consensus of the Board not to let Mr. Rizzo create a 1135 foot dead end road, Mr. Rizzo questioned if the Board would agree to ;let him come in with revised plans showing the building lots for the duplex 'houses on 'Carriage Lane and the € 3Jlots for the septic system and showing the 12 inch sewer line crossing Carriage Lane, 1 Motion: To allow the installation of the sewer line under Carriage Lane provided that all work is done In conformance with State and 'Local Health Regulations. (Nelson-Zaffini, all in favor) VOTED Mr. ,Rizzo stated that he would like a bond figure ;up to 650 feet which is the length of the proposed zoning in regards to dead end roads. It was noted that this would take in lots 1151-1155. Motion: To allow Mr. Rizzo to put a bond for 650 'feet of Carriage Lane and to release only lots 1151-1155 when the bond is received, (Nelson-Zaffini, all in favor) VOTED 12. Board reviewed the 'Form A Plan for 'Leon Grant for land on Creeden Street. 1t was noted that the building on the back lot should be 10 feet from the lot Eine and it is only 8 feet, so it would 'either have to be amended or go before the Board of Appeals. it was then noted that the rear yard had to be 25 feet from a building and it is only ,4 feet, The plan was returned. 13. Board discussed the amended plan for the four front lots on Oakleaf Estates, Oak Street, it was noted that the front four lots had been shown separately i- and that lot 7 was taken out to move the 'septic area back on lots 1 and 2. It was noted that lot 3A did not have enough frontage to be a building lot and that there was a note on the plan of this nature, Town Planner Maurer informed the Board that the Board of Health did not want to sign the amended j plan until the Planning Board had signed it. It was noted that only two prints had been submitted instead of three. The plan was returned, -5 - Minutes November 6, 1972 - 6 a 14. Board discussed the subdivision plan for Canoe River Acres. Town Planner i Maurer informed the Board that he had discussed this with Town Counsel Grady about the Procedure that the Board had been following. Town Counsel noted that the letter dated October 4, 1972 was sent out before the 60 day period was up. However, the letter was not a formal disapproval of the pain, and because Mr. King had not accepted the terms of the letter, the Board should formally disapprove the plan. Town Counsel informed Town Planner Maurer that after Mr. King rejected the terms of the letter, the Planning Board should file with the Town Clerk a notice stating that the plan is disapproved. because Mr. King did not accept the proposed terms. Town Planner Maurer informed the Board that the decision to send the letter was on October 4, 1972 and he received it before the 60 day period was up, but he did not respond to that until last week. Town Planner Maurer informed the Board that they should send a letter to Town Clerk stating that the plan is rejected pending any further action on the applicant's part. Town Counsel recommendsthat the Board should write a letter to the Town Clerk saying that the action taken on the 4th of October is a disapproval because the applicant failed to re- spond. Motion: That if Town Counsel advises disapproval of the plan thento write a letter to the Town Clerk stating that the Planning Board considers the plan for Canoe River Acres asbeing disapproved until an altern- ative solution to the :conditions of approval are submitted to the Board and acceptable to the Board. (Latham-Zaffini, all in favor) VOTED. 15. Town Planner Maurer informed the Board that next week the Board would be dis- cussing zoning and that there are several items that they had failed to go over, so<they�wiil be picking them up next week. Town Planner:' Maurer informed the Board that he is comprising all of the changes into the zoning ,that the Board is recommending. Town Planner Maurer suggested to the Board between now and next week to consider a procedure to present the whole package to Town Meeting. Town Planner Maurer stated that even before the Public Hearing is held a draft of the By-law should be sent out to all the Boards affected (Board of Select- men, Board of Appeals, and Building Inspector) and meet with them in a joint meeting. It was noted that the Board would have to review the Business and Commercial zones, a table, site plan review, and go over the map, 16. Board discussed the thickness of the proposed Berkshire Road within the Cabot, Cabot and Forbes industrial Park. it was noted that by allowing Cabot, Cabot and Forbes to be under the required 6 inches of thickness that other deverlopers will be coming in doing the same.` Motion: To require the 6 inches of thickness of ,pavement on all the roads within the Industrial Park. (Latham-Zaffini, all in favor) VOTED It was noted that once the roads are finished that they are going to be, brought in for acceptance and that they should not be accepted until all the develop- ment is completed. It was noted that they should not be allowed to put :the finished coat on these roads until they are all done with any construction on 6 the road, and that a letter should be written stating this, It was the con- sensus of the Board that a letter should be written stating the approval of the 12 inch pipe and rejecting the 4 inches of thickness in the road, and that they do not want any finished coat on the roads until all construction is com- pleted within the road. It was the consensus of the Board that a separate letter should be written stating that the Board was slightly embarrassed at the Public Hearing, henceforth, the Board would like to know what the hell is Minutes November 6, 1972 going on out there. On Hampshire Road they had also put the utilities in t before the spunwas approved by the :Planning Board, 17. Planner Zaffini noted that in looking over the Subdivision Rules and Regulations henoticed that on Page 28 it reads "Specifications except that no such`con- struction shall be undertaken when the temperature!$ at<leaststhrity-two degrees (320) in the shade, and rising.", and it should read "unless the temperature..." 18. Planner MacFarlane stated that Town Planner Maurer would be receiving a letter- of; recommendation and that the Board should also congratulate him because the Town of Mansfield received an "A'' rating,' 19. Planner Nelson questioned; if anyone had any comments on the sewer status. Planner Latham informed the Board that the State would be changing a word or something but he did not feel that it would amount to anything. LPlanner Latham informed the Board that there is a report from Anderson Nichols and the Towns have to go over the report and decided if it is going to be regional or 'in- dividual. It was noted that there wasn't a system that would meet State standards. 20. Planner MacFarlane questioned the outcome of their meeting with Cabot, Cabot and Forbes regarding their water storage." Town Planner 'Maurer pointed out that Cabot,Cabot and Forbes has had three different appointments with Whitman and Howard and in every instance Whitman and Howard would cancel the meeting at the last minute. Town Planner Maurer informed the Board that Whitman and Howard is in the process of preparing a Water Master Plan and one of the things is an analysis of the existing system. He noted that they are doing flow tests. The Board noted that With all the information that the Town already has, that it would not be hard for another water engineer to take over. 21. It was then questioned as to the outcome of the Board's walk through the Back Bay _Brook. `,It was; noted that the Capital Improvement Program Committee did not 'get back to them with any outcome. 22. Planner MacFarlane stated that under the conditions he felt that ,it would be alright to inspect Berkshire Road :for Cabot, Cabot and Forbes but in the future they should not allow them to continue. It was the consensus of the Board that they were giving them approval to put the 12 inch pipe in so while it was being but in it could be inspected. Motion: To let Cabot, Cabot and Forbes continue and build the road with the extra '12 inch ?pipe installed and that the first basin will not be plugged but the second basin will be their decision. (MacFarlane-Zaffin, all in favor) VOTED- 23. Meetk6b adjourned 11:05 P.M. Clerk xkv. Z© /'%7ic Date