HomeMy WebLinkAbout1983-10-03October 3, 1983
Regular Meeting
The PLANNING BOARD held a regular meeting on Monday evening, October 3,
1983 at 7:30 p.m. in the Town Office Meeting Room with the following
members present and voting: Paul A. Hedstrom, Chairman, who arrived
later; Michael P. Roberts, Vice Chairman; John A. James, Jr., Clerk;
John J. Burke; and Erich W. Nitzsche. Highway Surveyor William Cyr
and Town Planner Karen Pomroy were also present.
PUBLIC HEARING
Daniel and Adele McConaghY - Request to re-petition the Board of Appeals
The Clerk read the legal notice.
Attorney Reginald Marden was present with the petitioners and made the
following presenation:
- He gave a summary of what has happened to date.
- He submitted a letter from him dated 9/2/83 which was presented at
the~last meeting.
- The fact that a member of the Board of Appeals sat on a public hearing
and not on the decision is a change in circumstance. The member
lives in the neighborhood.
- He submitted a copy of a dee~ which shows that the lots in question
were purchased as two lots.
- They are taxed aS two lots and are taxed as buildable lots. They
have been taxed this way since, they were purchased by the applicants
in 1969.
- The applicants were saving a lot as a "nest egg".
- They are seeking the approval of the Planning Board to re-petition
the Board of Appeals allowing them to divide the lot into two lots.
The request was recently denied by the Board of Appeals.
- The Planning Board should decide whether or not it is in the interest
of town policy to go back to the Board of Appeals. The Board of
Appeals will have to make their decision on the evidence presented.
MOTION: by Mr. Burke to allow the petitioner to re-petition the Board
of Appeals.
SECOND: by Mr. James
VOTE : Unanimous - motion carries.
October 3, 1983 -2- Regular Meeting
PLANS NOT REQUIRING APPROVAL
Ha~meadow Road - Carl Polli
~,lOTI ON:
by Mr. Nitzsche that the plan of land located in North Andover,
Mass. prepared for Carl Polli dated 9/30/83 be approved under
Subdivision Control Law Not Required.
SECOND: by Mr. Burke
VOTE : Unanimous - motion carries.
Wildwood Circle - Cone Construction
Note: Cone Construction should not be on the plan - it should be
Elm Square Realty Trust.
MOTION:
by Mr. Burke that the plan of land located in North Andover,
Mass. prepared for Elm Square Realty Trust dated September,
1983 be approved under Subdivision Control Law Not Required
subject to the change of ownership being shown on the plan.
SECOND: by Mr. Nitzsche
VOTE : Unanimous - motion carries.
Mill Road - Yankee Technology (Mr. Baldwin)
The applicant wants to withdraw the perimeter plan. The motion made
at the last meeting is not valid.
Mr. Baldwin stated that the only purpose of the perimeter plan was a
convenience for the attorneys.
MOTION: .by Mr. Burke that the plan of land located in North Andover,
Mass. prepared for Yankee Technolocy dated 8/13/83 for Lots
4 to 8 be approved under Subdivision Control Law Not Required.
SECOND: by Mr. Nitzsche
,VOTE : Unanimous - motion carries.
MOTION:
by Mr. Nitzsche that the plan of land located in North Andover,
Mass. prepared for Yankee Technology comprising three (3) sheets
be approved under Subdivision Control Law Not Required with the
condition that all three plans keyed as sheets one of three,
two of three and three of three and all three bear the same
date and that the locus maps of each sheet be revised to be
consistent with each other.
SECOND: by Mr. Burke
VOTE : Unanimous - motion carries.
October 3, 1983 -3- Regular Meeting
OTHER BUSINESS
Bear Hill - Bond Release
A letter from the Board of Public Works dated 9/26/83 was read and
placed on file.
MOTION: by Mr. Burke to release $64,283.00 per the recommendation of
of the Board of Public Works and require the developer to
forward a letter to the Planning Board identifying the entity.
SECOND: by Mr. James
VOTE : Unanimous - motion carries.
Bear Hill - Update on Road C
Revised plans showing revised grades were submitted. The grade has
been dropped.
Mr. Cyr reported that he went to the site and by dropping the grade
at the intersection of Road C makes it a better grade for Road C
to Land Vest property. Going over the hill on Road A, it will bring
you back to no more of a grade. It is a plus. seeing it in the field
makes it easier. He recommended that the Planning Board accept the
change.
Mr. Joseph Cushing, engineer, added that there will be no problems
with the drainage.
Mr. Cyr added that this will change the grade of Road C by 1%. The
drainage that is in there now is the drainage that we talked about
last week that he did NOT approve. It should be back to the way it
was before the change. The Planning Board was not made aware that
this was done. He questioned who approved it.
Member Nitzsche said that the Planning Board approved it and that he
has no problem with the change in grade as long as no drainage changes
are made.
Note: Chairman Hedstrom arrived here.
Mr. Cushing stated that what Mr. Nitzsche is saying is that when they
dropped down the road there was a concern that the drainage would be
affected. If any changes occur, they will bring in a plan. A new
revised profile plan will be submitted at the next meeting and they
will have to make sure that the changes conform to the Rules and RegS.
Time is getting short.
Mr. Cyr added that there are all kinds of flexibilities.
MOTION: by Mr. Roberts to accept the revised elevations regarding
Road C in the Bear Hill Subdivision as recommended by the
Highway Surveyor at the 10/3/83 meeting.
October 3, 1983
-4-
Regular Meeting
Bear Hill - continued
SECOND: by Mr. James
VOTE : Unanimous - motion carries.
Bear Hill - Lots 1, 2, and 3 - Revised Special Permit Plans
Mr. Joseph Cushing, engineer, was present and stated that at the last
meeting, the suggestion was made to revise the plans to move the
dwellings forward and further away from the detention area. They
have done exactly that. They have moved them to approximately 40
feet from the street.
Town Planner Pomroy added that the dwelling on Lot 1 was 40 feet back
and Lots 2 and 3 were 60 feet.
Mr. Cushing added that on Lot 1 they pivoted the building. They have
relocated the pump chamber so that it is 50 feet from the drain lines.
Lot 2 will go from a 60 foot setback to a 40 foot setback~ and Lot 3
will go from 55 feet to 40 feet. The concern on Lot 3 was so that
the driveway was not excessively steep.
Member Nitzsche asked if there would be a problem with rotating the
house on Lot 3 and Mr. Cushing replied that the right and left set-
backs are the same. Aesthetically, it is not a good idea.
dr. Nitzsche then asked if they could add 10 feet to the headwall and·
dr. Cushing replied that they would have to go back to the Conservation
Commission.
MOTI ON:
by Mr. Nitzsche to take the matter under advisement until the
next meeting in order to give the Town Planner time to draft
an Order of Conditions for approval or disapproval of the
Special Permits.
SECOND: by Mr. Roberts
VOTE : Unanimous - motion carries.
French Farm Village - Binder coat application
A letter from Ben OsgoOd dated 10/3/83 was read and placed on file.
Mr. Osgood was present and said the work will be-done by 11/15/83.
Mr. Cyr added that there is a problem - they are just.putting in the
sewer now - the cross drains have to be reinstalled - he won't allow
it without stabilizing it under bearing. The cross drains must go
back.
Mr. Osgood said that on Old Farm Road the water service is going in
tomorrow.
October 3, 1983 -5- Regular ~eeting
French Farm - continued
Mr. Cyr added that they should be using the Inspection Forms.
MOTION: by Mr. Burke to grant an extension to 11/15/83 for the
binder coat on French Farm Village.
SECOND: by Mr. Nitzsche
VOTE : Unanimous - motion carries
Ingalls Crossing III - Binder Coat
MOTION: by Mr. Roberts to extend the date for the binder coat to
10/15/83 and the completion date to 11/1/85.
SECOND: by Mr. Nitzsche
VOTE : Unanimous - motion carries.
Abbott Meadows (Easy Street) - Letters of Credit
Chairman Hedstrom stated that he does not want to ~cept a Letter of
Credit. It is against the Planning Board's policy.
Developer Scott Follansbee asked to swap one lot for another.
MOTION: by Mr. Burke to release Lot 2 and hold Lot 4.
No second - motion fails.
MOTION: by Mr. Burke that as long as the petitioner comes in with the
necessary documents that are satisfactory to the Board a~d
reviewed by the Town Planner the Board will release Lot 2
and accept Lot 4 as security for the completion of Abbott
Meadows.
SECOND: by Mr. Roberts
VOTE : In favor - 3 (Roberts, Burke, James)
Opposed - 1 (Nitzsche)
Motion carries.
Bonny Lane - completion date of 10/1/83 (Phase III)
Scott Follansbee reported that on portions of the road where hottop
and berm was put in, they have to grade, seed, and sod. The street
sign needs to go up. There are two bounds currently in question. The
catch basins need to be cleaned.
Mr. Cyr added that the finish coat is done and the rest of the work
should be done. There is a problem with a driveway. At the entrance
to Campion Hall, somebody bought the property separate from the
development. There is a utility pole and the owner is giving
them some trouble.
October 3, 1983
-6-
Regular Meeting
Bonny_ Lane - continued
The work should be done up to the property lines.
MOTION: by Mr. Roberts to extend the completion date to 12/1/83 on
Bonny Lane, Phase III
Motion withdrawn
Mr. Follansbee asked the Planning Board to send a letter to Mr. Caldwell
to discuss the problem.
Wildwood Park - completion date of 10/1/83
Mr. Cyr said the subdivision is a nightmare - from now on, he wants
the installation of underground utilities treated the same as every-
thing else. The only way we are going to get a better control is to
insist that it be done.
He recommended taking the bond if something doesn't happen in the
next couple of weeks.
'MOTION:
by Mr. Roberts to enforce the bond on Wildwood Park due to
the fact that severe damage has been caused to the base coat
due to the construction of homes.
SECOND: by Mr. James
VOTE : Unanimous - motion carries.
Prescott Village - completion date of 9/30/83
~4ember James left.
A letter from the Ando~ver Savings Bank dated 10/3/83 requesting a
30 day extension was read and placed on file.
MOTION: by Mr. Roberts to grant the extension to 10/31/83 with the
condition that the bank notify the Highway Surveyor.
SECOND: by Mr. Nitzsche
VOTE : Unanimous - motion carries.
C~ital Budget Committee
A letter from the Committee was given to the Chairman.
The meeting adjourned at 9:15 p.m.
Paul A. Hedstrom, Chairman
Jean E. White, Secretary