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HomeMy WebLinkAbout1983-03-08March 8, 1983 Regular :~eetin§ The PLANNING BOARD held a regular meeting on Tuesday evening, ~4arch 8, 1983 in the Town Office Meeting Room with the following members present and voting: Paul A. Hedstrom, Chairman, who arrived late; Michael P. Roberts, Vice Chairman; John J. Burke; Erich W. Nitzsche; and Walter R. McDonough, Clerk, who arrived late. Town Planner Karen Pomroy and Highway Surveyor William Cyr were present. BEAR HILL - Submittal of Covenant MOTION: bY Mr. Burke to endorse the covenant for the Bear Hill Definitive Subdivision. SECOND: by Mr. Nitzsche Discussion on off,site plans: Mr. Cyr stated that the final approval will not come until a street opening permit is taken out. There will be money to insure it is done. Richard Kaminski, project engineer, stated that they worked the off-site utilities through the Highway Surveyor and the Board of Public Works and all the issues have been worked out. Mr. Cyr added that the only things not addressed yet are the possible alterations to the Morley property, the final work agreed to be done on the Rand property, and the upgrading of Dale Street. These are under the Subdivision Control Agreement. Drainage work should be done now. Mr. Kaminski sa~d it is messy now because of the work going on. He suggested that to insu're that the water does not run on to Dale Street, they could dig a trench to the brook on Dale Street. He stated it is not an unsurmountable problem. Mr. Cyr said the situation should be re-assesed on the upgrading the ~,~orley drainage and the drainage on the Rand property. Mr. David Rand said that his cellar is flooded. They had to take emergency measures. He asked Mr. Kaminski and the Town Planner to look at it. The water had been diverted from the side of the hill to Lots i and 2 on Dale Street. They were the dryest lots on Dale street and now they are ponds The water came out from under the mailbox in a westerly direction which it has never done before. It flooded a large section of Dale Street. His next door neighbor lost all his tile in his cellar. The off-site drainage is horendous. It must be addressed. March 8, 1983 -2- Regular Meeting Bear Hill - continued Mr. Kaminski said they are caught in a transition. The utilities have not been installed. The man has to have a chance to do his work. The homes are under construction. Note: Mr. Rand presented pictures. Mr. Cyr added that what he has said is not associated with Mr. Rand. When the new drainage on Dale Street is implemented and the road grades are corrected, he is trying to see what it will be when it is done. If we don't address them now, the effects on the road will not be good. He is not satisfied with the plans. Mr. Kaminski said that there are two sets of issues here. This is a temporary situation. They can put haybales in there. It is not flooding. Mr. Rand saSd the drains need to be opened up. If the off-site situation is cleared up, it will enhance the on-site situation. Lot I is under the jurisdiction of the Conservation Commission. It cannot be touched it belongs to Mr. Welch. Mr. Kaminski suggested that they get going with the off-site utilities so that they can fix the problem that is out there. Joseph Cushing, engineer, added that Mr. Rand's problem is not the usual water problem. Water was going down the gutter line opposite Mr. Rand's parcel. The water was well handled when it finally reached the catch basin. Note: Chairman Hedstrom arrived here. Mr. Cushing added that as soon as the catch basins are installed on that side of Dale Street the problem will be solved. They will do the work immediately. Mr. Cyr asked Z. Alexanian, developer, what he is going to do with the water from the new house and Mr. Alexanian responded that it is draining. Mr, Cushing added that they can build a swale which should minimize the possibility of the same condition happening again. They first wanted to discuss it with the Planning Board and Highway Surveyor. The could also put dikes on Lot 1. Note: Member McDonough arrived here. Member Burke asked Mr. Kaminski and Mr Alexanian to correct Mr. Rand's problem immediately. VOTE : Unanimous - motion carries Mr. Hedstrom signed the covenant. March 8, 1983 -3- Regular l.leeting Hefco Realty Trust - Special Permit - Watershed D~strict - Bridle Path Decision MOTION: SECOND: VOTE : by Mr. Roberts to deny the Special Permit in the Watershed District for Lot 20A, Bridle Path, for the following reasons: The topography as depicted on the plan is inaccurate as to the location of the wetland, the contours, and septic system test pits. a) Water surface of the abutting wetland is at an elevation of 155, the corner of the proposed dwelling. b) If properly located toward the front of the lot, the test pits would indicate ground elevations two (2) to four (4) feet higher than the plan specifies, which places the bottom of the deep pit at an elevation of 155.0. The septic system would, therefore, be raised and this requires fill on Lot 2OB. c) No easement or written agreement allowing work on Lot 20B has been forwarded to the Planning Board. Location of water surface in proximity to the leaching facility indicates such water to be closer than 100 feet, thus requiring a variance from the Bo~rd of Health. As evidenced in the field in February, which is not spring high water elevation, the Planning Board is of the following opinion: a) The proposed dwelling and related improvements will not afford the headwaters of Lake Cochichewick, North Andover's water supply, the proper safeguards from pollution of surface and ground water supply intended by the Wetland Zoning By Law. b) The proposed driveway and garage is in such close proximity (0 feet) to surface water that it subjects the watershed to oil spill contamination and petroleum pollution. Said plans of the dwelling indicate basement slab elevation of 155.5, which is only 0.5 feet above existing water surface in the wetland. Drainage and flood calculations have not been submitted and the Board is of the consensus that the dwelling does not provide proper protection from a 100 year storm or any major storm. by Mr. Nitzsche Unanimous - motion carries. March 8, 1983 -4- Regular Meeting Hardtcourt Manor - Special Permit Great Pond Road - Decision Condominium Conversion MOTION: by Mr. Burke to grant the Special Permit to Hardtcourt Manor Realty Trust subject to the following conditions: Only the proposed work shown on Plan entitled "Hardtcourt Manor" by Vitol Associates, Architects, Planners, 1230 Statler Street, Boston, dated 10/14/82 is allowed under this Special Permit for conversion of a large estate into twenty-four (24) condominium units. Following the completion of the proposed work, prior to recording with the North Essex Registry of Deeds, the final plans, dimensioning units and buildings, Master Deed, By Laws, and any other associated plans shall be reviewed by the Planning Board and endorsed by the Chairman for final review phase and approval. All drainage plans are subject to review and approval by the Planning Board and the Highway Surveyor prior to any construction. Included in the final plans will be the complete drainage design. Run off c~tculations due to increased areas of pavement and soil disturbance shall be required of the applicant. Erosion and sedimentation control measures shall be required if determined necessary by the Planning Board. 6. According to the Conservation Commission's letter dated 12/7/82: a) A Notice of Intent shall be filed with the North Andover Conservation Commission pursuant to M.G.L. Chapter 131, Section 40, Wetland's Protection Act, and the North Andover Wetland By Law, Section 3.5 A & B. The Notice will encompass any work within 100 feet or adjacent to wetland, floodplain, or tributary thereof. 7. According to the Fire Department's letter dated 12/13/82: a) Two (2) new fire hydrants shall be installed and shall be on a looped system f~om Bonny Lane. b) An access road shall be required to the rear of estate for emergency use. c) An automatic fire alarm system shall be in- stalled in accordance with M.G.L. Chapter 148, Section 26 B. d) Method of heating and type of system shall be specified prior to renovation. March 8, 1983 -5- Regular Meeting Hardtcourt - continued e) All of the above conditions (7 a, b, c, and d) shall be included in the plans. 8. In accordance with the Highway Surveyor's letter dated 12/20/82: Road maintenance and other town services under the jurisdiction of the Highway Department, with the exception of drainage from the site, are exempt since it is strictly a private development. In accordance with the Board of Public Works letters dated 11/29/82 and 1/13/83, the applicant shall tie in~o the public sewer proposed from Great Pond Road. 10. In accordance with the Board of Health's letters dated 12/13/82 and 1/17/83, the Board requires sewer in- stallation to best service the development. 11. New water mains shall be installed to the specification of the Board of Public Works as required, subject to approval by the Planning Board. 12. Said development shall fully comply and be governed by Section 13 of the North Andover Zoning By Law. SECOND: by Mr. llitzsche VOTE : Unanimous motion carries. Ingalls Crossing III - covenant Letters dated 3/3/83 from Hr. Joseph Cushing and Mr. Richard Kaminski were read and placed on file. Town Planner Pomroy said she looked at the definitive plan and has no problem, but Member Nitzsche did. MOTIO: by Mr. Nitzsche that the Planning Board not endorse the covenant or submitted plans because of the problems with them, ie., omissions. SECOND: by Mr. Roberts Motion and second withdrawn - The Board will hold a special meeting on Monday. ~tOTION: by ~r. Nitzsche to table the business of Ingalls Crossing III SECOND: by Mr. Roberts VOTE : Unanimous - motion carries.