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HomeMy WebLinkAbout1983-06-06June 6, 1§83 Regular Meeting The PLANNING BOARD held a regular meeting on Monday evening, June 6, 1983 with the following members present and voting: Paul A. Hedstrom, Chairman; who arrived late; Michael P. Roberts, Vice Chairman; Walter R. McDonough, Clerk; John J. Burke; and Erich W. Nitzsche. Town Planner Karen H. Pomroy was also present, along with Highway Surv.eyor William Cyr. PUBLIC HEARINGS ~oard of Public Works Special Permit - Watershed Clerk read the legal notice. r. Joseph Borgesi, Superintendent of Public Works, was present nd made the following presentation to the Board: The Board of Public Works is proposing to run a force main at Sutton/Os§ood/Great Pond Road. The intent~to install the force main without excavation on the side of the lake. The money was appropriated for the work at the 1983 Annual Town Meeting. The work will be performed by town crews and town engineering. The driveways will be restored after the work is done. They are only talking about the force main now be more work later. there will The pumping station is only at the design stage and must be approved by the Board of Public Works and DEQE. They have been before the Conservation Commission and are awaiting the Order of Conditions. MOTION: by Mr. Burke to grant the Special Permit to the Board of Public Works subject to the following conditions: That the construction of the 8 inch ductile iron pipe shall comply with the Conservation Commission's Order of Conditions, issued June 8, 1983, DEQE File No. 242-196. A no cut buffer zone shall exist 150 feet from the annual mean high water mark of Lake Cochichewick, according to Section 4.133 Paragraph 3(c) of the Zoning By Law, unless conditioned upon the granting of a variance from the North Andover Board of Appeals. SECOND: by Mr. McDonough VOTE : unanimous June 6, 1983 -2- Regular Meeting Forget, Robert Special Permit Watershed The Clerk read the legal notice. Mr. Joseph Cushing, project engineer, was present and made the following presentation to the Board: The applicant has applied before for a Special Permit for the triangle property for three new dwellings. As a result of a denial by the Board of Appeals for a variance, the applicant has changed his application. - The plans now submitted will be changed so as to re-position the new dwellings. - This will increase the distance away from the Wetland. - Lot 3 has a unique configuration. - There is no question that the work as proposed has a minimal impact upon the wetlands. ~ The sewer line will be carried down through the middle or under- neath Dale Street. Note: Chairman Hedstrom arrived here. They will try to work the plan so that they do not have to go to the Board of Appeals for a variance. Mr. Forget would like to tie in his own house at a later date. There are several details to be worked out between the new owners, the Highway Surveyor, and the Board of Public Works. The new owners are hesitant to petition the Board of Appeals. - Lots I and 2 from the old plan were removed because if you go with the assumption that you no longer go with the Master Plan, you can tie the new lots in directly. - The applicant will go before the Con. Com. with the new plan. A letter from the Con. Com. dated May 27, 1983 was read and placed on file. MOTION: SECOND: VOTE by Mr. Robeets that the Planning Board take the request under advisement to have the opportunity to review the plan and other information from other town boards. by Mr. Nitzsche : Unanimous June 6, 1983 -3- Regular Meeting H. Frank McCa[thy - Re-zone Sutton Street The Clerk read the le§al notice. Mr. McCarthy was present and made the following presentation to the Board: - There is no violation of the Zoning By Law at this time. - He is asking to re-zone his property on Sutton Street from Residential to either B-2 or B-4. The property consists of an insurance business a~d he needs more than 3 employees. The current home occupation law states that the employees may number two, plus the resident of the dwelling. No one spoke in favor and the following spoke in opposition: Vincent Furnaro, Mr. and Mrs. Demario, Mr. Gauthier, and Mrs. Marilyn Furnaro. The applicant then asked to withdraw his petition without prejudice. MOTION: by Mr. Roberts to accept the applicant's request to withdraw the application. SECOND: VOTE : by Mr. McDonough In favor - 4 (Roberts, McDonough, Burke, Nitzsche) OPposed - I (Hedstrom) Motion carries. Revision to Rules and Regulations The Clerk read the legal notice. Karen Pomroy explained the change to the Board.regarding the flood plain and revised the first line. MOTION: by Mr. McDonough to accept the amendment to the Rules and Regulations as proposed and as amended~ SECOND: by Mr. NitzSche VOTE : Unanimous Amendment to Zonin.g By Law and Zoning Map (taken togeth.er) The Clerk read both legal notices. These amendments concern the flood plain. June 6, 1983 -4- Regular Meeting MOTION: by Mr. Nitzsche to approve the changes to the Zoning By Law and Zoning Map and recommend favorable action at the Special Town Meeting. SECOND: by Mr. Burke VOTE : Unanimous PLANS NOT REQUIRING APPROVAL Cataudella Brightwood Avenue - Mr. Nitzsche signed the plan which was prev~iously approved. Duncan Drive - Andover Construction and Development MOTION: by Mr. Burke to approve the plan of land located in North Andover, Mass. prepared for Andover Construction and Development and dated May 27, 1983 under Subdivision Control Law Not Required. SECOND: by Mr. McDonough VOTE : Unanimous Raleigh Tavern Lane J & N Developers MOTION: by Mr. Roberts that the plan of land located in North Andover, Mass. prepared for J & M Developers and dated June 1, 1983 be approved under Subdivision Control Law Not Required. SECOND: by Mr. Nitzsche VOTE : Unanimous Vest Way - Jayson Realty Member Burke abstained. MOTION: by Mr. Nitzsche that the plan of land located in North Andover, Mass. prepared for Jayson Realty and dated June 2, 1983 be approved under Subdivision Control Law Not Required. SECOND: by Mr. Roberts VOTE : Unanimous Secretary's Note A PNRA appears on Page 8 of the minutes for Willow Street Extension. June 6, 1983 -5- Regular Meeting OTHER BUSINESS North Andover Business Park A letter from H, W. Moore was submitted to the Board. Willow Street Extension - Establish Bond AmountSm Letters from the Board of Public Works dated M~y 23, 1983 and the Highway Surveyor dated June 6, 1983 were read and placed ~n file. MOTION: by Mr. Roberts to establish and accept the bond amounts as outlined in the letters from the Highway Surveyor and Board of Public Works as follows: $98,000.00 per the Highway Surveyor and $74,000.00 per the Board of Public Works, for a total amount of $172,000.00. SECOND: by Mr. Burke Discussion: Member Nitzsche would like to revi'ew this matter with the Highway Surveyor. He th~nks the North Andover Business Park and the Willow Street Extension are tied into each other. VOTE :: In favor - 3 (Roberts, McDonough, Burke) Opposed I (Nitzsche) Motion carries. R~.lei~h T~ve.rn Lane - Status Report The work is in the process of being completed. The applicant will request a release at the next meeting. The Bridges Discussion with Fire Chief - Common Drive~.~Y Vest Way Member Burke abstained. Fire Chief William Dolan told the Board he wants an extra hydrant on the plans. He was working with the original plan and did not receive the current plan until last Friday. He has already talked to Mr. Jay Philbin and would like to request that it be added to the waiver from the Planning Board, MOTION: by Mr, Roberts to grant the Waiver of Strict Compliance regarding the Bridges Subdivision (Vest Way) common drive- way as presented. SECOND: VOTE : Note: by Mr. McDonough Unanimous The Waiver is attached to and made part of these minutes. June 6, 1983 -6- Regular Meeting Bear Hill - Bondi.ng Atty. Michael Gersten, attorney for Zachary Realty, was present and stated that since there are two owners of the subdivision and two developers, the question before the Board was the bonding amounts and bond amounts for each developer. They have had a chance to meet and discuss with Zachary and the back portion with Mitchell Johnson, who is also present with hds attorney. Atty. Gersten suggests the following: One bond amount to cover the front 34 lots with a covenant that no w~rk will be done on the back portion until ownership is received.and an additional bond amount to be added to the first bond figure covering 1,800 linear feet, The money will be held with the First Essex Bank. It will be released only when the Highway Surveyor determines that the work is completed in conformance. Therefore, there will be one bond figure. Atty. James Eaton, representing the bank added that they want to know how much is for the 34 tots and how much is for the back portion. As releases are granted, they want a written release to the bank specifying the area and the portion of the work to which any release is attributed. Chairman Hedstrom asked the attorneys to submit in writing what they propose to do, for discussion at the next meeting. Zachary Alexanian then asked if the off-site work could begin before the next Planning Board meeting and the Chairman stated that if the Highway Surveyor and the Town Planner say it is O.K. then it is O.K. with the Board. ' Atty. Thomas Callahan for Bear Hill Development was also present and stated that they are prepared to start bonding on the Mitchell Johnson portion of the property. They would like to get underway as soon as possible. He asked if it is possible to saction the Board to implement this between meetings. They want to go ahead and meet with the Board of Public Works and get their figures. A letter from the Highway Surveyor dated June 6 1983 was read and placed on file. Hardtcourt Estates (Phase II) - status report Scott Follansbee was present and listed the items that are either completed or partially completed in the subdivision. There is a problem in that there is a utility pole in the street layout near the corner. Everybody is passing the buck as to who is going to relocate it. In addition, th~ cOndD project up the street will require a different electric service. They are getting ready to put in the sub drain at the cul-de-sac. The weather has been a problem. The stone bounds should be done tomorrow. Also, they are fixing the driveway entries on four lots. All the driveways, with the exception of one, are in a bSnder state. June 6, 1983 -7- Regular Meeting / MOTION: by Mr. McDonough to extend the completion date to 8/15/83 for Phase II. No second MOTION: SECOND: motion fails. by Mr, McDonough to leave the completion date of 6/7/83 on Phase II. by Mr. Nitzsche VOTE : Unanimous Prescott Villag.e - Status Rep.ort Steve Kapinski and Dick Jones were present. They reported that all of the units cross hatched have been constructed or are under construction. The driveway areas between building 24 and 23 have been constructed. The balance of the throughways and driveways and the gravel is graded. The drain lines have not yet been installed. The sewer services, the telephone, and electrical have been installed to all the units. All of the units are expected to be completed by the end of June. There are some changes proposed in the development. They involve drainage and parking and driveway allignment. Mr. Kapinski and Mr. Jones presented a plan to the Board a~d ex- plained that the light areas represent the layout as originally approved. In discussions with the Highway Surveyor, they are proposing to relocate the drain pipe line and add a pair of catch basins. They will interconnect to Prescott Street, They are eliminating a line. Chairman Hedstrom stated that a public hearing is necessary if the approved plan is to be modified. Highway Surveyor Cyr added that when the plan was approved as a subdivision, they showed the drainage going East to a non-existent catch basin on Prescott Street. He got them to run an additional line to Moody Street. They cannot pick up half of the drainage (site) to Prescott Street. There is no significant change in drainage flows other than increasing the flow to Moody Street. This is a result of changing the driveways and parking area. Mr. Kapinski added that they have a plan which was approved by the Planning Board and Conservation Commission. The bank wants to start passing on the units. They want to finish the drainage. The drainage as it is now is approved. Mr. Cyr feels that it would be better to relocate it o.~t to Prescott Street. MOTION: By Mr. Roberts to approve the plan submitted to B & R Construction, dated April, 1983, with revisions, as outlined, subject ot the Highway Surveyor's approval in the fie~d to his satisfaction regarding drainage and subject to any information required by the Town Planner being placed on the plan. June 6, 1983 -8- Regular Meeting SECOND: by Mr. McDonough Motion and second withdrawn. In discussion, Mike Kasabowski told the Board that they are willing to upgrade the property. Dick Jones added that they want to put the drainage right in. The drainage was approved and Mr. Cyr went to the job site and expressed an interest in improving the drainage system. They agreed to do it. Right now, they are in a position where they would have to do the alternate and work with the old approved plan. MOTION: by Mr. Roberts to accept the plan as submitted with the drainage revisions as outlined on the plan and that any field adjustments be approved by the Highway Surveyor and that it be built according to his standards and that any information required by the Town Planner be provided and that the Conservation Commission be notified of these changes and that an Order of Compliance be obtained. by Mr. McDonough SECOND: VOTE : Unanimous Form A - Willow Street Extension MOTION: SECOND: by Mr. Roberts that upon proper review by the Town Planner and the Highway Surveyor, the Chairman or a member of the Board is authorized to sign the plan of land in North Andover, Mass. dated June 6, 1983 p~epared for 114 Asso- ciates under Subdivision Control Law Not Required. by Mr. Burke Vote : In favor Opposed Motion carries. 3 (Roberts, Burke, McDonough) - 1 (Nitzsche) The Board accepted with regret a letter of resignation from Member Walter McDonough. The meeting adjourned at 10:45 p.m. Paul A. ed§trom,- Chai rman~ Jean E. White, Secretary WAIVER OF STRICT COMPLIAN~" The undersigned, being a majority of the PLANNING BOARD OF ~"~.~. NORTH AND0VER, heregy grants a waiver from the strict com- pliance of Section II A, Driveway Definition, of its Rules and Regulations GoYerning the Subdivision of Land to Lots 33A, 34A, 35A, 36A, and 37 A, Vest Way'of the Bridges Def- initive Sub~i'~ion Plan, dated November 1, 1977, recorded in the North Ess~ egistry of Deeds as Plan No. 9070. Specifically, a waiver from ~e requirement that each drive- way shall service no more th'a~o~.~!ot, except for multi- family dwellings. Said waiver is granted pursuant to M.G.L. Chapter 41, Section 81-R and is subject to strict compliance with the following conditions: That all work shall be in accordance with the Proposed Site Development Plan at Vest Way dated February 23, 1983 and shall' be revised to show the following: a) the width of common driveway b) notation of driveway construction material A driveway permit shall be obtained from_ the Highway Sur- veyor~ i / The applicant will Comply with the Conservation Commiss. ion Order~of Conditions dated March 18, 1983, DEQE File 9242'184. The T(~wn of North Andover shall not be responsible for the maint(~nance or servicing of said common driveway. Notation to be placed on the. easement plan referenced in item 6 a of thl.s waiver. Each property deed for said lots shall explicitly detail the homeowner's responsibility for the maintenance of the common drive~ay. Notation to be placed on the easement plan re- ferenced in item 6 a of this waiver. Upon completion of the common driveway, the applicant shall request a-letter of compliance from the Planning Board and the following shall be included in said request: a) an easement plan of said driveway for recording at the Registry of Deeds. b) a letter from the engineer who prepared said plan stating that work has been done in accordance with plan specifications c) a letter from the-Fire Chief stating that adequate fire WAIVER OF STRICT COMPLIANCE -2- protection can be supplied to each dwelling unit. Ail work shall be completed in accordance with the above stated conditions. ~ny deviation or non compliance shall result in immediate withdrawal of this waiver. Majority of the Planning Board of the Town of North Andover COMMONWEALTH OF MASSACHUSETTS Essex, ss. ~ ~ , 1983 Then personally appeared~O~-~-~~ One of the above named members of the Planning Board of the Town of North Andover Massachusetts and acknowledged the foregoing instrument to be the free act and deed of said Planning Board, before me, My Commission expires: