HomeMy WebLinkAbout1984-01-23January 23, 1984
Regular Meeting
The PLANNING BOARD held a regular meeting on Monday evening, January 23,
1984 at 7:30 p.m. in the Town Office ~4eeting Room with the following
members present and voting: 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.
KARA DRIVE - Special Counsel
Attorney Peter Caruso has been appointed by the Selectmen to represent
the town in the court case brought by the abutters to the Kara Drive
subdivision.
MOTION: by Mr. Burke to appoint Attorney Caruso as Special Town Counsel
to represent the Planning Board in the Kara Drive litigation.
SECOND:
VOTE :
by Mr. Nitzsche
In favor - 3 (Roberts, Burke, Nitzsche)
Abstain - 1 (James)
Motion carries.
PLANS NOT. REQUIRIN~ APPROVAL
Bear Hill Development, Inc. - "Road C"
Town Planner Pomroy stated that the plan needs to show the old lot lines
and a reference to the covenant.
No action. Taken up later in the meeting.
Subatch, Grace - Thorndike Road/Perley Road
A variance was granted by the Board of Appeals allowing the subdivision
of one lot into two lots. The abutters appealed the Board's decision
and it has been settled after two+years. The plan does not meet the
current requirements of the Rules and Regs. A Planning Board signature
is needed for recording purposes.
~40TION:
by Mr. Burke that the plan of land located in North Andover
prepared for John Subatch dated 8/29/80 be approved under
Subdivision Control Law Not Required.
SECOND: by Mr. James
VOTE : Unanimous - motion carries.
January 23, 1984 -2- Regular Meeting
PNRA's - continued
Land Vest Properties, Inc. - Bridges Lane (2 plans)
Member Burke abstained.
The plan is to give access to back land which is landlocked.
· I
is an easement. The land was ~ubject to Land Court.
MOTION:
There
by Mr. James that the plan.of land located in North Andover,
Mass, prepared for Land Vest Properties, Inc. dated 1/5/84
and the plan prepared for Land Vest Properties, Inc. dated
1/6/84 be approved under Subdivision Control Law Not Required,
SECOND: by Mr. Nitzsche
VOTE :
Burnham - Campbell Road
Unanimous - motion carries.
This plan was before the Board recently. The applicant has changed her
mind. Parcels 1 and 2 will be conveyed to Melendy. The remaining land
is Burnham's and Lot C becomes a legal lot.
MOTION: by Mr. Burke that the plan of land located in North Andover,
Mass. prepared for Marcia Burnham, dated 1/13/84 be approved
under Subdivision Control Law Not Required.
SECOND: by Mr. James
VOTE : Unanimous - motion carries.
Et A1 - Bridges Lane
Member Burke abstained.
Change in lot lines between Lots 6lA and 62A.
MOTION: by Mr. James that the plan of land located in North Andover,
Mass. prepared for Et A1 dated 1/12/84 be approved under
Subdivision Control Law Not Required.
by Mr. Nitzsche
Unanimous - motion carries.
SECOND:
VOTE :
Willows - Willow Street
There is a sign on the property which does not conform to the Zoning
By Law. Town Planner Pomroy said it needs an access easement serving
Lot lC. The plan was returned to the applicant fo~ more information.
January 23, 1984 -3- Regular Meeting
PNRA's - continued
MOTION: by Mr. Nitzsche that the Planning Board disapprove the plan
located in North Andover dated 1/20/84 on the basis that it
circumvents the Subdivision Control Law in creating a strip
of land that is inaccessible for the purpose for which it is
being presented.
SECOND: by Mr. Burke
VOTE : In favor - 3 (Roberts, Nitzsche, Burke)
Opposed - 1 (James)
Motion carries.
DECISIONS
Dolan Heiqhts - Preliminary Subdivision
MOTION: by Mr. Nitzsche that the Planning Board disapprove the
Preliminary Plan of land entitled "Dolan Heights" dated
October, 1983 for the following reasons:
SECOND: by Mr. Burke
VOTE : Unanimous - motion carries
The Board's decision is made part of these minutes.
Lot 1 Dale Street - Special Permit - Watershed
MOTION: by Mr. Burke to grant the Special Permit subject to the
following conditions:
SECOND: by Mr. Nitzsche
VOTE : Unaimous - motion carries.
The Board's decision is made part of these minutes.
OTHER BUSINESS
Bear Hill - Bond Amounts and Street Names
Letters from the following were read and placed on file: Board of
Publis Works (12/8/83) and Highway Surveyor (1/23/84).
The Subdivision Control Agreement was signed.
MOTION: by Mr. Burke to accept the figures from the BPW and the
Highway Surveyor and accept the Subdivision Control Agreement
subject to review by the Town Planner and Chairman.
SECOND: by Mr. James
VQTE : Unanimous - motion carries.
January 23, 1984 -4- Regular Meeting
MOTION:
SECOND:
VOTE :
PNRA
Bear Hill - continued
John Tuttle stated that the Subdivision Control Agreement is a duplicate
of the first instrument. The changes are the locations and bond amounts.
The following street names weTe submitted for approval:
Road A - Bear Hill Road
Road B - Kittredge Road
Road C - Blue Ridge Road
by Mr. Burke to accept the street names subject to approval
by the Fire Chief and the Police Chief.
by Mr. James
Unanimous - motion carries.
Bear Hill Development, Inc. - Road C
MOTION:
by Mr. Burke to approve the plan of land located in North
Andover, Mass. prepared for Bear Hill Development, Inc.
dated 1/19/84 with the conditions that the old lot lines
be shown and the Town Planner being satisfied with the plan
and a notation that Sheet 1 of 2 shows 2lA, 22A and 23A;
Sheet 2 of 2 shows 2lA, 22A, 23A, and 24A and see Sheet 1
of 2 for the balance and that Roads A and C be changed to
the roads that were approved tonight.
SECOND: by Mr. James
VORE : unanimous - motion carries
Mr. Cyr added that driveway entries will be held in strict compliance.
French Farm Village - Bond reduction and release of lots
Letters from the following were read and placed on file: Highway Surveyor
(1/23/84) and BPW(1/6/84).
Town Planner Pomroy stated that we are not going to release any funds.
The applicant wants to release Lots 23-31 and 42-51. There is a
release agreement in the file. The total amount of the Highway,
BPW, and Tree Departments to hold would cover the entire completion
would be $200,000+. He would like the town to hold six lots and
hold the $191,216.that is presently in the bond agreement.
MOTION: by Mr. Burke to release Lots 23-31 and 42-51 holding $191,216
and accept the letters.
January 23, 1984 -5- Regular Meeting
French Farm Village - continued
SECOND:
VOTE :
In favor
Opposed
Motion carries.
Willow Street Bond Release
by Mr. James
3 (Roberts, James, Burke)
- 1 (Nitzsche)
Letters from the following were read and placed on file: Beh Osgood
(1/19/84) and BPW[1/6/84).
MOTION: by Mr. Burke to release $48..000 per the BPW's recommendation.
SECOND: By Mr. James
VOTE : Unanimous - motion carries.
Raymond Ahearn - follow-up to letter - Ingalls Crossing
Mr. Ben Osgood was present and reported that the pipe (Scott's Pond)
gets plugged up. There is still a pipe there. There is a restriction
for off-site drainage. They will fix it this spring-.
Highway Surveyor Cyr a~ded that a better solution is available. When
we approved Olympic Lane they put in 2' drainage. This level is the
intake and is compatible with the elevation of the pond. In times
of emergencies the pond breached and overflowed. It is a shame
because it was expensive to put it in there.
Mr. Osgood added that under its present design it will never work
correctly.
Fuller Meadow - Set completion date
Member Burke abstained
by Mr. James to set the completion date at 11/1/85.
MOTION:
SECOND:
VOTE :
by Mr. Nitzsche
Unanimous - motion carries.
Prescott Village release
No action - need release from BPW.
January 23, 1984
-6-
Regular Meeting
R. Forget - submittal of plan for Special Permit (lots 3 and 4)
Public hearing set for 2/27/84.
Budget - Fiscal 1985
~4OTION: by Mr. Burke to approve the Fiscal 1985 budget as prepared
by the Board's secretary for submission to the Advisory Board.
SECOND: by Mr. James
VOTE : Unanimous - motion carries.
MINUTES - 10/27/83 and 12/27/83
MOTION: by Mr. Burke to approve as written.
SECOND: by Mr. James
VOTE : Unanimous - motion carries.
The meeting adjourned at 9:00 p.m.
Michael P. Roberts, Vice Chairman
Jean E. White, Secretary
Notice to APPLICANT/TOWN Cl.~EK of Action of p18~lBO~d Ol'A~l~]~.mtB~l~r
Subdivision PI~ entitled: "DOLAN HEIGHTS" _
dated , October,.. 1983
By: John Callahan Associates _
2. The North Andover Planet Board has disapproved said plant for the
follo~rlng reasons:
SEE ATTACHED
Very truly ~rours,
NORTH ANDOV~ PLANNI~ BOARD
Michael P. Roberts t Vic.e C_hairman
Date~ , Janua.ry 23, 1984
Decision
Preliminary Subdivision Plan of "Dolan
1514 Salem Street, North And.var, Mass.
January 23, 1984
1. The propose~ rOad grade of sixteen percent (16%)f~ exceeds'
that which ~s Permitted under the Subdivision Rules'and Regu-
lations, Section IV A, 3a, Road Grade. The applicant has not
demonstrated that the excessive road grade will NOT adversely
affect the life, safety, and health of the inhabitants of the
Town of NOrth Andover.
The forty (40)i foot rightiof-way width shown on the plan does
not conform tol Section IV A, 2a, Road Width, which requires a
fifty (50) foot right-of'way, and, therefore, is unacceptable
under the Planning Board Regulations.
The grade of the proposed 'road, where it interseCts Salem Street,
is not. in accordance with the four percent (4%) grade requirement
under Section IV A, 3b, Road Grade.
e
In accordance with Section IV A, 1, Street Location and Align-
ment, the applicant has failed to provide adequate access to
"Parcel B', rendering it land-locked.
®
The Dolan Heights Subdivision Plan consists of six (6) lots and
should have been so noted as such and not five (5) lots as re-
flected on the submitted preliminary plan.
The creation of the FormA lot-known as~ 'Parcel-A' is~not per-
mitted under the'SubdivisiDn Control Law, since the balance of
the lot (subdiVisiOn) would have insufficient frontage in
accordance with-the town's Zoning By Law.
-7. The ConservatiOn Commission recommends-that the applicant file
a request for a 'Determination of iApplicability' before proceedin~
any further.
8. The applicant has not submitted any of the required soil and
percolation~data-to the Board of Health (see letter dated DeL
cember.12, 1983) or Planning Board.
According to the Highway Surveyor's comments of December. 19,- 1983.
'and the Fire'Department's letter dated December 19, 1983~ the
proposed pavement grade of sixteen percent (16~) is far in
excess of thatl permitted in North Andover for servicing by the
Highway Department, and operation of fire '~pparatus by the
Fire Depart~enlt.
MASSACHUSETTS
within {20) days cf;-::' ;
date of.filing of this
In the Office of the To'
~~',
~nuary 30, 1084
Mr. Daniel Long, Town Clerk
Town Office BUilding
North Andover,i Ma 01845
RE: LOT 1 DALE: STREET-Designer Homes, Inc.
Special Pe!rmlt in the Watershed District
Dear Mr. Long:I
The North Andover Planning Board held a public hearing on
Monday eveningi, November 21, 1983 in the Town Office Meeting Roou
upon t~e application of Designer Homes, Inc.. The hearing was
advertised in ithe North Andover Citizen on November 3 and 10, 1982
and all abutters were notified by mail as.to.the-time and place
the hearing, iThe following members were present: John J. Burke,
Erich W. NitzSche, and John A. James, Jr., Clerk.
Thepetiti!oner seeks a Special Permit under Section-4.133(d)
the North AndOver Zoning By Law which requires a Special Permit
granted from the Planning ~Board to allow construction to occur
within 100 feet horizontally from the edge of all tributaries of
Lake CochicheWick. The proposed construction activity will be
adjacent to, but not in a wetland tributary area. The site is
known as Lot One Dale Street and is located on the south side of
Dale Street with a total area of 43,560 square feet, and-150 feet
of street frontage in the Residential,2 (R-2) zoning district.
The const~uctlon of the proposed two story,--single family, wa
frame dwelling will have the following dimensions: 64 feet front:
28 feet deep; 27.5 feet height; including associated structures.
The application was previously approved in June 1983; however, du~
to modifications on the site plan, a new petition was required
the Planning Board.
Mr, Alexanian, representative and applicant for Designer Home:
Inc., appeared before the Planning Board and provided the·followi]
testimony regarding the proposed work shown on the site plan
entitled "SubSurface Disposal System for Lot 1-Dale Street, Nort~
Andover, MA" by Kaminski & Associates, Inc., dated October 25, 19:
revised through October 20, 1983.
i?l
LOT 1 DALE STREET-Designer Homes, Inc.
Special Permit in the Watershed District
January 30, 1984
Page 2
-The property described lies within the town's designated Watershed
Zoning District2 A p~evious Special Permit was granted on June 30,
1983 regarding the s~e lot. Subsequent modification of the site
.plan requires ainew application, public hearing and review.
-The ~odlficatiOn on said plan shows the dwelling situated closer
in proximity roi the Westerly property line and Dale Street away
from the wetland tributary to the East. As a result of this change
on plan, less fill will be required on site, thereby minimizing the
increase in grade on the lot or creating undue land disturbance.
-The septic system location and design shall remain the same as
depicted on thelorlginal site plan.
-No work is proposed or will occur within the 25 foot wetland
buffer area on the East side of the property.
The following members were present and voting at the January
23, 1984 meeting when the board rendered its decision: Michael P.
Roberts, Vice ~airman, John A. James, Jr., Clerk, Erich W.
Nitzsche, and John J. Burke.
Upon a motion made by Mr. Burke and seconded by Mr. Nitzsche,
the Board votedlunanimously to grant the Special Permit requested,
subject to the following conditions:
1.- Upon comple~iOn:of final grading and construction, a certified
'as built' plan from a Massachusetts Registered Professional
Engineer. and/orlRegistered Land Surveyor shall be submitted to the
Planning Board for. review of compliance with said approved plan.
-Certification shall state that the 'as built' grading, construction
and septic.sysfiem.complies in all respect to said plan and
conditions.set forth-in this decision.
2. No vegetation, including trees or topsoil shall be disturbed
within 25 feet of the East property line delineated on the
referenced plan!, according to Section 4.133, Par.3(c) Watershed
District in theiZoning Bylaw.
3. Erosion control measures shall be placed 25 feet from the
easterly lot line for the entire length of the property and along
the frontage ofisaid lot, and shall be continuously monitored and
maintained until vegetation has been stabilized.
4. Any excess ~ater flowing from Lot 2 Dale Street shall continue
its' natural course across Lot 1 Dale Street away:from the leach
field on Lot 2.
LOT 1 DALE STREET-Designer Homes,
Special Permit in the Watershed Dlstri0~;. i
January 30, 1984
5. Any deviation from the approved plans and conditions will be
considered due cause for the rescission of this permit granted by
the Planning Board.
6. No construction activity will be allowed until March 15, 1984,
subject to review of the Planning Board, at which time, due to
weather conditions, the March 15, 1984 date may be extended.
In granting the iSpeclal Permit, the Planning Board finds, pursuant
to Section 10.3I of the Zoning Bylaw, Conditions for Approval of
Special Permits,i that the fOllowing conditions are met:
a) The specific site, Lot 1 Dale Street, is a suitable and
appropriate location for a single family residential use due to the
facts and information presented by Mr. Alexanlan that no
environmental ill effects will develop in the Watershed District
from on-site development.
b) The on-sitelresidential use is a continuation of the permitted
uses in the R-2 izoning district and will not adversely affect the
Watershed District or any surrounding residential neighborhood~
The development!is engineered and designed to minimize impacts to
the wetland tributary.
c) The ingressi and egress of the lot-presents no nuisance or.
serious hazard-to vehicles or pedestrians. : '~ ~
d) Adequate and appropriate facilities, such as public water and
an-approved sepitic system, will be provided for the. proper
operation and occupancy of the.proposed residential use.
e) Based on site~visits, 'the public hearing process, and review
and input by aPPropriate town boards and departments, the single
family use in the Watershed District is considered to be in harmony
with the general purpose and intent of the Zoning Bylaw.
SinCerely,
FOR THE PLANNING BOARD
Michael ~P.~Roberts,
Vice-Chairman
jw
Recorded Feb.7,1984 at 2:39PN #2097