HomeMy WebLinkAbout1983-11-07November 7, 1983
Regular r,~eeti ng
The Planning Board held a regular meeting on Monday evening,
November 7, 1983 in the Town Office Meeting Room with the
following members present and voting: Michael P. Roberts,
Vice Chairman; John J. Burke; and Erich W. Nitzsche. Town
Planner Karen Pomroy and Hi§hway Surveyor William Cyr were
also present.
MILLS HILL (Kara Drive) - Continued Public Hearing
Mr. A1 Shaboo, project engineer, was present and continued his
presentation to the Board as follows:
- Since the last Planing Board meeting, he has met with Con-
servation and the Town Planner as well as Mr. Nitzsche and
Mr. Carter of 300 Chestnut Street.
No reply from Con. Com. has been received to date.
The detention area is located as remotely as possible from the
houses on Jay Road.
The closest house is 50 Jay Road and it is surrounded by a
buffer of trees. It will not be visible.
The construction, ac~ordin§ to the Con. Com., is to proceed
from the Kara Drive side of the property down the drain
easement. The buffer area is on the down stream side several
hundred feet from the house. The stakes mark the outer tow of
slope. There will be cutting within the stakes.
On the easement on the 50 Jay Road property (access/egress
easement to the detention area) it is up to the Board. It
was put on the plans because construction must proceed from
a certain direction and it would be hard to inspect the work
without it.
On erosion and siltation, the definitive study addresses them
and the Con. Com.'s Order of Conditions addresses them.
The following neighbors spoke in opposition and/or raised questions
and concerns regarding this subdivision: Mrs. Gale, 30 Jay Road;
Mrs. Phillip Sullivan; Mr. George Fitzpatrick; Donald Scott; Atty.
Martin Jacobs for Mr. Jack Carter; Mrs. Coady; Daniel Coady; Mr.
Bill Gale; Dr. Vincent Savaukinas.
The majority of the concerns were the size of the drainage pond,
service of the retention pond, the removal of trees, the grade
of Lisa Lane and its problems in the winter, possible flooding,
increased percolation of the pond, and drainage problems.
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November 7, 1983 -2- Regular Meeting
Mills Hill continued
Highway Surveyor Cyr added that it is good drainage practice to
put in better drainage downstream to solve existing problems and
to retain the drainage and minimize the flow, He does not like
retention ponds or the thoughts of maintaining detention ponds..
On the question of the maintenance of the pond, he doesn't know
how it will be maintained as of now, but someone will have to go
in there periodically.
Mr. Shaboo added that it is not a pond it is a retention area.
Con. Com. requested that it be designed to outfall not just-the
design storm but lesser severe storms. It is still designed NOT
to hold water for a lengthly period of time, but to control water.
Mr. Ton~ Galvagna, Chairman of the Con. Com., added that it is a
detention pond, not a retention pond. The Con. Com. wants the
developer to take care of the nuisance storms. The design is
currently under consideration by the Con. Com. The intent is to
allow the water to flow at a rate no greater than it is now.
There are percolation pipes in the ground to take care of the
water and the downstream flow. Con. Com. says that the rate of
run-off cannot be increased.
MOTION: by Mr. Burke to close the public hearing and take the
petition of Kara Drive under advisement.
SECOND: by Mr, Nitzsche
VOTE : Unanimous motion carries.
MILLS HILL - discussion with Mr. Jack Carter
Mr. Carter presented a plan to the Board showing access to his
property. He stated that if Kara Drive seals him off he is in a
position of being unsafe.
Mr. A1 Shaboo added that the problem is that they would be putting
in a driveway across another person's house lot.
Mr. John Maguire, Board of Fire Engineers, voiced his concern with
common driveways and not having access to the buildings. It is
a matter of width and grade.
Town Planner Pomroy added that she would like to discuss the situa-
tion with the Fire Chief for a later discussion wit~ the Planning
Board.
November 7, 1983 -3- Regular ~eeting
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PLANS NOT REQUIRING APPROVAL
Bear Hill Road (Road A).- Desi.g.ner HOmes
Change in lot line.
MOTION:
by Mr. Burke that the plan of land located in North Andover,
Mass. dated 11/7/83, showing the relocation of lot lines
between lots 7 and 8 be approved under Subdivision Control
Law Not Required, subject to review by the Town Planner for
conformance with the Rules and Regulations.
SECOND: by Mr. Nitzsche
VOTE : Unanimous motion carries.
Bear Hill (Road A) Bear Hill Development Trust (2 sheets)
MOTION:
by Mr. Nitzsche that the plan of land located in North
Andover, Mass. prepared for Bear Hill Development Trust
dated 11/4/83 be approved under Subdivision Control Law
Not Required comprising sheets 1 and 2 prepared by
Richard F. Kaminski and Associates said plan showing
the revision of lots 15 through 21 on the approved
definitive plan of Bear Hill, said lots now being
shown as lots 15A through 21A.
SECOND: by Mr. Burke
VOTE : Unanimous - motion carries.
Lexington Street - Frank and Mavis Dushame
Board of Appeals approved plan - division of land.
MOTION:
by Mr. Burke that the plan of land located in Nobth Andover,
Mass. prepared for Frank and Mavis Dushame, dated September,
1983 be approved under Subdivision Centrol Law Not Required.
SECOND: by ;.ir. Nitzsche
VOTE : Unanimous - motion carries.
Salem Street - Caroline McLaughlin
Remove lot line and change two parcels into one.
MOTION:
by ~.tr. Burke that the plan of land located in North Andover,
Mass. dated October, 1981 be approved under Subdivision
Control Law Not Required.
SECOND: by Mr. Nitzsche
VOTE : Unanimous motion carries.
November 7, 1983 -4- Regular Meeting
PNRA's - continued
Bear Hill (Road A) - Bear Hill Development Trust
MOTION:
by Mr. Burke that the plan of land located in North Andover,
Mass. prepared for Bear Hill Development Trust, dated 11/4/83,
be approved under Subdivision Control Law Not Required,
SECOND: by Mr. Nitzsche
VOTE : Unanimous - motion carries,
OTHER BUSINESS
Bear Hill Discusison with neighbors
The following abutters to the Bear Hill Subdivision were present:
David Rand, Mr. McCallister, and Mr, Steven Callahan.
Mr. Rand reported that they were out there today and the siltation
has engulfed and Lake Cochichewick is being affected. As of today,
the silt from Bear Hill has made its way to the lake,
Mr. McAllister asked for immediate relief. AlsG, the developer
damned Mr. Smith's property without his permission.
Mr. Callahan reported that he lives across the street from a dry
retemtion area. After the rain last Friday, the water was approaching
and coming over the top of the street.
Mr. Rand added that a resolution should be passed tonight saying
that no more cutting will occur on the hill. Every twig and tree
should be left alone. The hill was supposed to be cut in stages
and it has been left wide open.
Zachary Alexanian, developer, reported that the plans have been
adhered to. A lot of siltation is coming off the bare portion of
the road which will be hottopped within a week to 10 days. The
drain that is across Dale Street is picking up a lot of the water
from the siltation ponds. By raising the outlet in the siltation
ponds it will pick up what crosses Dale Street. With the exception
of 3 or 4 lots, he can live with no cutting. He will not cut until
he gets together with concerned parties on the site. The brook
near the Welch property was extremely silty about a week ago. They
have cleaned it up.
Mr. Tony Galvagna, Chairman, Con. Com., added that the scope of the
job has gone beyond what was proposed. What they have exposed far
surpasses what was planned and is the direct cause of the problems.
The measures being taken now are three months too late. We are on
the brink of disaster.
November 7, 1983 -5- Regular Meeting
Bear Hill continued
Highway Surveyor William Cyr added that we have to control the job.
He has never seen a developer do any more to control and implement
this type of situation. Once the gravel is down and the binder is
on, most of the problem will be solved. The slopes have been re-
tained and there is no need to panic.
Bear Hill bond release
A letter of request from Zachary Alexanian, dated 10/24/83, was
read and placed on file.
A letter from the Highway Surveyor, dated 11/7/83, was also read
and placed on file as well as a letter from the BPW dated 11/7/83.
MOTION: by Mr. Burke to release $12,000 per the Highway's Surv.~yor~s
recommendation and $36,720 per the BPW's recommendation.
SECOND: by Mr. Roberts (passed the chair to Mr. Nitzsche)
Oppos
Motion carries
Bear Hill Deve
A letter from &
placed on file.
A letter from th
on file.
MOTION: by Mr.
recom~
SECOND: by Mr.
VOTE : Unani
Bear Hill Ro
Mr. Joseph Cush
Most of the
5 or 6 feet.
be less in a
__ ~ other struct
A lette[ from ~
on file He h
with the draina
VOTE : In favor - 2 (Roberts, Burke)
d 1 (Nitzsche)
)pment - Bond Release
tty. Thomas CaQlahan, dated 11/4/83, was read and
e Highway Surveyor dated 11/7/83 was read and placed
Nitzsche to release no money in accordance with the
endations of the Highway Surveyor and the BPW.
Burke
~u$ motion carries.
d Grade Change
lng was present and made the following statements;
change is about 4 feet. One section is changed by
There will be a change in the grade but it will
nother portion (less than 2 feet). All of the
ures will remain the same.
he Highway Surveyor dated 11/7/83 was read and placed
$ no problem with the change, but he has a problem
ge design at the intersection of Road C and Station 28
and the intersection of Road A and Dale Street. The changes were
not authorized by him and he wants to stick to the approved plan.
November 7, 1983 -6- Regular Meeting
Bear Hi 11
MOTION:
Road grade change - continued
by ~r. Nitzsche that the Planning Board accept the revisions
on the road grade (profile changes) as presented by Mr. CUshing.
SECOND: by Mr. Burke
Discussion: Mr. Cyr wants a determination made on who is going to
set the drainage design.
VOTE : Unanimous motion carries.
On drainage, Mr. Roberts asked to discuss the situation and Mr. Cyr
reported that at the intersection of Dale St. and Road A. the cross
over catch basin calls for an 18" pipe. This was not on the defini-
tive plan. The contractor, in trying to implement this, has run
into the water main with the conflicting grades. There is a 12"
pipe going into a catch basin and a cross over pipe of 15" going
into a 12" pipe. Why go from a 12" to a 15" back to a 12"? The
drainage running off the hill to the other side of the road, which
is poor drainage practice, because of the fact that you are dumping
the debris and siltation to the other side. He wants to revert
back to the approved plan.
Mr. Cushing reported that the change was made at the Planning'
Board's request.
MOTION: by Mr. Burke to allow Mr, Cyr to make the necessary changes
in the field pertaining to his letter and have the developer
install drop manholes and change the pipe sizes on the pipes,
SECOND:
VOTE :
by Mr. Roberts (passed chair to Mr. Nitzsche)
In favor - 2 (Roberts, Burke)
Opposed - I (Nitzsche)
Motion carries.
Presoott Village - completion date
Atty. Tim Hatch reported that they need another extension of time
to complete the subdivision. They have been working with the H.S,
and the abutters. They have contacted George Henderson Co. to do
the drainage work. The only problems are paving the driveways and
the back of the structures and putting in the berms. A new coat
of pavement on Stacy Drive will be done. He asked for an extension
to 12/1/83.
A letter from the H.S. dated 11/7/83 was read aBd placed on file.
Mr. Cyr recommended 11/20/83 and the Board will discuss this item
at their 11/21/83 meeting.
November 7, 1983 -7- Regular Meeting
Hardtcourt Estates (Bonny Lane) completion date
Town Planner Pomroy reported that no work has been done,
A letter from the Highway Sumveyor dated 11/7/83 was read and placed
on file,
Mr. Cyr reported that the Cape Cod berm has been installed but it
should be backed up with earth. In the area of the grease trap,
he was impressed with how pretty it looked. The people on either
side of it landscaped it.
MOTIS'
SECOND: by Mr. Burke
VOTE : Unanimous
Rules and Regulations
MOTION:
by Mr, Nitzsche to enforce the bond on the Hardtcourt Estates
(Bonny Lane) subdivision so that the town can finish the work.
motion carries.
increase price
by Mr. Burke to increase the price of the Rules and Regu-
lations Governing the Subdivision of Land to $10.00.
SECOND: by Mr. Nitzsche
VOTE : Unanimous motion carries.
The meeting adjourned at 10:30 p.m.
Jean E. Whi~e, Secretary