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HomeMy WebLinkAbout1983-11-21November 21, 1983 Regular Meeting The Planning Board held a meeting on November 21, 1983 at 8:00 p.m. in the Town Office Meeting Room with the following members present and voting: Paul A. Hedstrom, Chairman, who arrived late; John J. Burke; Erich W. Nitzsche; and John A. James, Jr., Clerk. Town Planner Karen Pomroy and Highway Surveyor William Cyr were also present. PUBLIC HEARING Lot 1 Dale Street - Special Permit - Watershed District The Clerk read the legal notice. Note: This lot was granted a Special Permit several months ago, but. due to the denial of a variance from the Board of Appeals and the relocation of the dwelling, another public hearing is now necessary. Mr. Zachary Alexanian, applicant, made the following presentation: The house has been moved forward and the grade has been dropped to lessen the impact. The septic system remains the same and the slopes around the septic system remain the same. - The problem was with the 25 foot buffer zone. The elevation changed around 6 feet. No ~rk will be done within 25 feet of the wetland on the East side. Mr. Edward Welch, an abutter, said that there is siltation on his pro- perty. The brook is full of silt. Also, the damn was built without his permission. Instead of building a house on Lot 1, Mr. Alexanian should build a pond. There were two other ponds built that are not working. The hill has been ruined. The only time the brook runs is in the rain. They will have flood~.ng and sedimentation. Mr. Alexanian responded that as far as the silt goes, the Conservation Commission looked at it and the first couple of times it rained, it was silty. The Chairman of the Con. Com. is satisfied that the silt has been taken care of. Mr. Welch disagreed and said that the silt is running again. Mr. McAllister, 206 Dale Street, stated that he objects to the building on this lot. Mr. John Sangermano, 268 Dale Street, asked what will happen to the direCtion of the swale. Mr. Alexanian responded that they are getting water across Lot 2 to Dale Street. He met with the Highway Surveyor and they will take off the 10 feet of hottop that is on the town's property and put crushed stone in there before they raise the road. The drain will be put in at the end of the driveway so the water will November 21, 1983 -2- Regular Meeting Lot 1 - continued not go across the street. The flood had nothing to do with him. It was caused by the wood chips put there by the Board of Public Works. Mr. John Danahy, 400 Dale Street, asked who ~s going to pay for raising the road. Mr. William Cyr, Highway Surveyor, reDponded with an ex- planation of the work to be done. He also stated that the developer gave his department $6,000. They will immediately follow up as soon as the Board of Public Works does their work. Mr. Alexanian added that using the swale will stop a lot of sheet flow on to Dale Street. Handling it with a drain is the right way to handle it. MOTION: by Mr. Burke to take the petition under advisement and set up a date to view the property. SECOND: by Mr. James VOTE : Unanimous - motion carrzes. Bear Hill - Discusszon of November 9, 1983 meeting Town Planner Karen Pomroy submitted an agreement she drafted after the 11/9/83 meeting. Mr. Zachary Alexanian reported that he met with the Con. Com. last Wednesday night. Th~discussed the silt. After th~ site walk on Saturday, they said they were pleased with what they saw. They saw erosion control devices in tact and clear wa~er running through the brooks. An Enforcement Order was sent to him. It said to stabilize all road%;ays on the site. They have stabilized all the sections except the area to be hottopped. The binder will not go on until Friday, November 25th. Member Nitzsche asked about the run-off from the swale and Mr. Alexanian responded that it comes off the hill into the swale and down Lots 1 and 2. There should not be a flooding problem. Once the hottop is ripped out from in front of Lot 2 there will not be a problem. Mr. Dave Rand added that for over a year theM have been discussing this and if you examine the time frame for the subdivision you will find that cutting up to Station 11 was supposed to happen. That has not happened. The entire hill has been opened up. Now, with two developers, the back developer had to open up so he could do some work and that is when the problems started. The original problems started when they filled up the front of Lots 4 and 5. They used to be two feet below road grade. All the water could run off and go down through the street toward and through the culvert to the back of the property. Now, they are four to five feet above road grade and the water has to go somewhere. It is coming down all the lots. The Planning Board is as much remis to this as anyone in the town. They have given permission to open up the hill. His pond is completely silted. When Mr. Alexanian tried November 21, 1983 -3- Regular Meeting Bear Hill - continued to close the top of the hill for the season there was some vegetation showing on the slopes. They built damns across Road A, but they are forcing the water to go down through the surface. The swale should not go there in the first place. It was originally intended to go into the wetland. If you leave it as it is now and if it collects too much water, it will go into septic systems. Highway Surveyor Cyr responded that the problem is being overdrama- tized. Mr. McAllister, 206 Dale Street, added that since the last Planning Board meeting we have had two storms. It would be very difficult to argue that the problem has improved. Right now the flow is gentle and the water is clear. But, at the height of the run-off, it was bad. On the retention pond abutting Dale Street, certainly at some future date it will be a resort for future generations of mosquitos. Also, the problem of public safety must be addressed. The water will be two to three feet deep. Member Nitzsche added that the pond is temporary and Mr. Alexanian added that it will hold water. Mr. McAllister responded that it will be seasonal water. Even if it is only 18 to 24 inches, it is a slippery bottom. A child might have a hard time getting out. It is very close to the road and is an in- vitation to a child. Mr. Alexanian said that it is holding water and at some point it will hold quite a bit. He will look into fencing it in. The following letters were read and placed on file: A~ty. Harold Morley, dated 11/15/83 and a letter from the Highway Surveyor, dated 11/18/83 to Atty. Morley. Highway Surveyor Cyr stated that, as a point of information, he wants to let the audience know where he is coming from: This is a subdivision that came before us and there are a lot of things we don't like. As the Highway Surveyor and the agent of the Planning Board, he must act in a way that is governed to him. Otherwise, it will be lost in court. Once a subdivision is approved, it is his job to get the best job done. In this case, he is getting one of the best quality jobs that he has seen an a long time. We cannot deny something because "we don't like it". Member Nitzsche added that we are in the middle of a construction problem on Bear Hill and the Form A lots on Dale Street. Every time the earth is exposed there are erosion problems. The more delays, the more problems. The developer should be allowed to go in and finish the work. Note: Chairman Hedstrom arrived here. November 21, 1983 -4- Regular Meeting Bear Hill - continued Mr. McAllister added that a week ago Wednesday, when they observed the damn on Mr. Smith's property, he was led to believe that the damn would be removed and that the lateral culverts would be opened up. Two of them on his property are blocked because of siltation. In the back of his yard, there is 11,000 square feet of land under six inches of water. At this time of year it should be dry. Note: Mr. ~cAllister was talking about Lantern Lane, a paper street. Highway Surveyor William Cyr responded that he will follow-up on Mr. Morley's letter and he will meet with Mr. Callahan from Appleton Street. He asked Mr. McAllister to put his concerns in writing and that they will be addressed. ~ember Nitzsche suggested a field visit on Wednesday at 8:00 a.m. on Road A at Dale Street. Mrs. Welch asked that the Board look at her lot during this visit. Steven Callahan, 171 Appleton Street, added that after the last Planning Board meeting, they discussed the flow and since then it has been corrected. There is no flooding, but the way the water runs down is to the outside of the haybales. (He presented pictures). The pictures were taken after the storm. The water is now brown and a bad situation has now become a worse situation. Mr. Tony Galvagna, Chairman of the Conservation Commission, added that the developer has been very cooperative. However, in some places he is a year ahead of time with the cuts and this is adding to the problems on Bear Hill. The schedule should have been followed. In addition, on November 30, the Con. Com. will hold another public hearing, which is unprecedented. The reason for the public hearing is that the Con. Com. opinion is that enough changes have occured that a complete new Order of Conditions may have to be issued. Chairman Hedstrom asked Mr. Galvagna about a brook on Route 114 across from McLays. Mr. Galvagna responded that after the development was done, it should have been a aesthetic pond. If there is siltation in the pond, they will look into it. Mr. Hedstrom asked if this brook feeds Mosquito Brook and may be adding to the Bear Hill problem. Developer Zachary Alexanian added that the Sedimentation and Erosion Control Plan was designed for the whole area to be cut. The ponds were put in but they were not properly designed. This has been corrected. He understood the time phase that he could do them in phases as he could do the work. He didn't know that he could not proceed. November 21, 1983 -5- Regular Meeting Bear Hill - continued Mr. Galvagna stated that when the Con. Com. discussed the ponds, it was understood and presented that they were designed to take the siltation in phases. It was never intended or presented to take the entire hill at once. Mr. Dave Rand added that they are here as concerned citizens. They were told that they would have to put up with a certain amount of disruption. He has followed the subdivision since the beginning. The Board should be willing to listen to their complaints. PLANS NOT REQUIRING APPROVAL Lodge Tolland Road Attorney John J. Willis, Jr. explained that this plan has been approved by the Board of Appeals as a subdivision and now requires a Planning Board signature. MOTION: by Mr. Nitzsche that the plan of land located in North Andover, Mass. prepared for Russell and June Lodge dated July, 1983, be approved under the Subdivision Control Law Not Required with the condition that it be revised to meet the Rules and Regulations of the Planning Board regarding Form A lots. SECOND: by Mr. Burke VOTE : Unanimous - motion carries. Lon~ - Margate/Halifax Attorney John J. Willis, Jr., explained that this plas has been approved by the Board of Appeals as a subdivision and now requires a Planning Board signature. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Kenneth and Corrine Long be approved under Subdivision Control Law Not Required for Lots A and B only. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. Yankee Tech. Mill Road Change in lot lines. MOTION: by Mr. Burke that the plan of ~and located in North Andover, Mass. prepared for Yankee Tech. dated 11/16/83, be approved under Subdivision Control Law Not Required. SECOND: by Mr. James VOTE : Unanimous - motion carries. November 21, 1983 -6- Regular Meeting PNRA's - continued Ja___yco Construction - Old Farm Road Change in lot lines MOTION: by Mr. James that %he plan of land located in North Andover, Mass. prepared for Jayco, dated 11/5/83 be approved under Subdivision Control Law Not Required, subject to the recempt of the original application and subject to the owner's name being placed on the plan and subject to the notation that this is a subdivision of lots 4 or 5 as shown on the original subdivision pla~. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. Ja~yson Realty - French Farm Road (Lots 32-36A) MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Jayson Realty dated 11/8/83 be approved under Subdivision Control Law Not Required subjec to any conditions Member Nitzsche requires (same as previous motion) SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. OTHER BUSINESS Kara Drive - Definitive Subdivision Plan - Decision Note: Member James abstained and left the room. Highway Surveyor Cyr stated that he objects to the information being given to him so late. Some of his concerns hate not been addressed. Note: Mr. Cyr was referring to the draft decision. Mr. Alfred Shaboo, pro3ect engineer, stated that they are gomng by the preliminary order of conditions. Mr. Cyr added that the Con. Com. may require another public hearing because of numerous changes in the subdivision. Some of the changes were made without his permission. If the drainage were changed, the Con. Com. told the developer that a "Stop Work" Order would be placed on the job. To avoid.this type of conflict, he said to go ahead. There were several other matters in the drainage that were outright errors. He said he does not want manholes. Mr. Gale, an abutter, asked about water pressure on the hill and Town Planner Karen Pomroy responded that Mr. Borgesi,~ Superintendent of Public Works, said it is adequate and she will get it in writing. November 21, 1983 -7- Regular Meeting Kara Drive - continued MOTION: by Mr. Burke to approve the Definitive Plan of Land entitled Kara Drive, dated 6/8/83, subject to the Order of Conditions of 20 items. SECOND: by Mr. Hedstrom (passed the chair) VOTE : In favor - 2 (Hedstrom, Burke) Opposed - 1 (Nitzsche) Motion carries. Note: The Order of Conditions is attached to and made part of these minutes. Note: Member James returned to the meeting and Member Burke left. French Far.m V.illag.e - Binder completion date of 11/15/83 Mr. Ben Osgood reported that he cannot get gravel. They are doing what they can. The sewer is 90% complete. The telephone company will not come into the subdivision. A letter from the Board of Public Works dated 11/10/83 was read and placed on file. Willow Street - Discussion with Highway Surveyor Mr. Cyr reported that the gas company wants to run gas on Willow St. to run from Flagship Drive to Willow St. There is another 700-800 feet of Willow St. to be graveled. He said they cannot cut the road. He told them they cannot cut unless they patch it and fix it. He wants something done about unfinished streets. The Board said they agree with his decision on Willow Street[ Bear Hill - Bond Release (Atty. Callahan) A recommendation of $15,500 was received from the Highway Surveyor. Mr. Cyr stated that in the future, he will not release any money for drainage until the binder is in place. Mr. John Tuttle said this is a problem because the drainage needs to be paid for so that the job can be continued. Their request was for a $40,000 release and it should be a clear cut schedule. This must be addressed for future subdivisions. The loam was put down months ago. They are growing green grass out there. Mr. Cyr added that it was done for erosion control. We should know by now that developers do not always finish subdivisions. Loaming and seeding are not that important at this stage of the game. MOTION: by Mr. Burke to release the $15,500 recommended by the High- way Surveyor. SECOND: by Mr. Nitzsche Notice to APPLICAI~/TOW~ CL~-~ K and Certification 9f Actj~on of Planning Board Y, ara orlve' ~n DefLuitive Subdivision Plan entitled: By: Flynn Assoc.,' P.C., Andover Cons-dated 'JuneS, 1983 " ul L~-.t~ inc. The No~h ~dover PlUg Bo~d has voted'to ~P~ s~d pl~t ~bJect to ~he ollo~g con~tions:  1. That the reco~ o~mers of the subject l~d fo~h~th execute ~d record "coven~t ~g ~th the l~d", or othe~se pro, de sec~ity for the co~ ~t~ctmon of ways ~d the inst~lation of m~cip~ se~ces ~t~ sion, ~1 as p~ded ~ G.L.c. ~, S. 81-U. 2. That ~1 such const~ction ~d ~st~lations sh~ll ~.~e~p~t~ +~ the Co~o~ to the ~ove~ ~c~ ~d relations of t~s Bo~d~ to ~ne~,Y ~ annln 9 ~ aro~, To~ apDrova I,,~=~A ~ Dy imRlementati~ in the field. ~the event that no appeal sh.ll have been taken from said approval within ~wenty days from this dater the North Andover Planning Board w~11 forthwith ~hereafter endorse its formal approval upon said plsn. Date: November 21, 1983 NORTH ANDOVER PLANNING BOARD Paul A. Hedstrom, Chairman ~-der ×ara ~,,,vemb of Conditions for Approval Drive" Definitive Plan of Land er 21, 1983 Page 2 of 4 According to the Board of Public Works letter dated October. 24, 1~83: a) Prior to sewer contruction from station 18+50 to 24+50, fill must be placed in 6 inch lifts and compacted with a vibratory compactor; b) An additional gate valve will be required at stations 2+10 and 18+50. I~ accordance with the Tree Warden's letter dated October 18, 1983: a) All street trees shall conform to the Tree Warden's specifications; b A $8,800.00 bond shall be posted to ensure condition 4a. I~ accordance with the Highway Surveyors recommendations dated October 24, 1983; a An 18 inch pipe shall be installed on Rea Street where the present old stone drain exists; The town shall obtain clearance from appropriate boards and abutters where necessary. b Roau pavement width shall be increased 3 feet in all areas where Cape Cod berm is installed. To be determined in the field. c Any drainage.:from cellars or lot development shall not be , emptied into the.Lstreet. It shall be tied into the planned :~1, drainage with plafiS submitted~-to-the H~ighway Department.- TI 0 Ar A C A B TI b~ i T~ f~ b e applicant shall :comply with the Conservalion Commission's der of CondJtions-dated October 13, 1983, D.E.Q.E. File No. 242-211. d~or supers eding order of conditions from D.E.Q.E.. certificate of Compliance shall be obtained from the Conservation mmission for the completion of the detention area. siltation and erosion control plan shall be submitted to the planning ard for their review and approval, and shall be put into place 'ior to construction of any, kind on or off-site of the subdivision. ,e Planning Board shall have the option of requesting a performance ~nd to ensure that all appropriate erosion control measures are affect. ~te: This shall be noted on the plan and covenant to be recorded. ~e following easement information shall be incorporated and submitted ~r review~with the final definitive plans: An easement for drainage along Lot ~15; this pipe in easement and easement on said lot shall be shifted toward Kara Drive. An off-site easement plans for the Giard and Flynn properties sb~ll be submitted to the Planning Board. Order of Conditions for Approval "Kara Drive" Definitive Plan of Land November 21, 1983 Page 3 of 4 c) All easements are to be described by bearings and distance~, other than slope easements and so noted on plans; d) All slope easements are to remain on the plans as submitted. Final easements actually taken shall be determined by the Planning Board and Highway Surveyor after construction; e) All easements on and off-site sh'all be described on the definitive plan. as "utilities/access-egress" easements and submitted in recordable form deeded to the Town of North Andover; 10. The velocities in drainage pipes shall be ~qual to or less than 12 feet/second at a 10 year storm. 11. Large stone or rip-rap sha'll be placed at #3 and #4 headwall at the detention area to minimize displacement by velocity. 12. The .detention area shall be fully cleaned and prepared to include the following for transfer of maintenance to the town: a) Rake debris and sediment from the base and remove sand above the perforated pipe from the retention pond to the Flynn pro- perty line. - b) Hand clean any accumulated debris' from the area leading to the do~5~tream pipe ihl'~t. - ~ 13. The flow to catch basin rims shall be checked, if determined to be too great at a 10 year storm, more shall be added and reflected on pla~ to be approved-by the Planning Board. - '14. The double catch basins at the low point of. Kara Drive shall ensure direct flow toward the detention area. Detail-~nd drain~calculations t submitted to the Planning Board for approval. 15. On sheet 4 of 11 ( note #8 ) on' plans dated June 8, 1983 shall read "within 50 feet layout of right-of-way". 16. On sheet 11 of. above referenced.lplan shall be corrected to note 12 feet of graded slope adjacent to road without berm and-lO.5 feet with berm. 17. A notation shall be placed on the cover sheet of the definitive plan regarding referencing the covenant and Town Clerk signature stamp.bloc~ 18. The applicant/developer/owner shall be aware of the fact that approval , of Kara Drive subdivision under-the Planning Board Rules and-Regulatio~ will not relieve said parties from the responsibility to other propert3 upon whose land is adver§ely affected.by indirect or direct sto~mwater discharge.