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HomeMy WebLinkAbout1985-03-13 March 13, 1985 Special Meeting The Planning Board held a special meeting on Wednesday evening, March 13, 1985 at 8:00 p.m. in the Town Office Meeting Room. The following Members were present: Michael P. Roberts, Vice Chairman; John A. James, Jrt, Clerk; John J. Burke; and Erich w. Nitzsche. Town Planner Karen Nelson and William A. Cyr, Highway Surveyor were also present. PLANS NOT REQUIRING APPROVAL There were no submittals MRADOWVI~ CROSSING - PRELIMINARY PLAN DISCUSSION Letters from the Fire Chief, North Andover Conservation Commission, Highway Surveyor and Board of Health were read and placed on file. Mr. Thomas Neve, project engineer, stated the following: - The locus of the site: on Salem Street easterly to the Convenient Store to Abbott Street and Rea Street. The zoning district is Residential - 3 or minimum 25,000 square feet of land area. - The plan maintains the integrity of the wetlands. - The site will be sewered to a pumping station on the Southeast corner of Lot #9. - Drainage is designed to flow to the wetlands. - Road grades meet the Planning Board's Rules and Regulations. However, the applicant will request the board for a waiver for Road 'A' regarding the lack of a road intersection radius. - The applicant, Mr. Osgood, agrees with Mr. Cyr that a Woodberry Lane connection would make good planning sense. A Salem Street connection could be provided, however placement of the road intersection could prove dangerous. It is desireable for Road 'A' to be connected to Road 'C' also. Mr. Cyr had the following comments: - The connection of these roads is a must for the proper flow of traffic and for safety reasons. To have several cul-de-sacs in one area without any connection to existing street networks is a maintenance problem, safety problem and a poor condition for connecting water, and sewer lines. - Abbott Street is only thirty (30) feet wide with no possibility of widening it for the additional amount of traffic to be generated from this subdivision. - If the Salem Street access is positioned where the present driveway is located, there will not be a safety problem. MOTION: SECOND: by Mr. James to take the plan under advisement by Mr. Nitzsche VOTE: Unanimous GREAT POND ESTATES - SIGN DEFINITIVE PLANS MOTION: by Mr. Burke to have the Town Planner review the order of conditions on the definitive plan and covenant for compliance for signatures. SECOND: by Mr. James VOTE: Unanimous MOTION: by Mr. Burke that no construction shall occur until the recorded covenant has been submitted to the Planning Board. SECOND: by Mr. Nitzsche VOTE: Unanimous VII.L%GE WOODS DEFINITIVE PLAN MOTION: by Mr. Burke to accept definitive plans of Village Woods as submitted and have the Town Planner review the letters from Town Boards to make sure changes were made on plans for Planning Board signature. SECOND: by Mr. Nitzsche VOTE: Unanimous MARBLRRIDGE ESTATES DEFINITIVE PLAN (CAST~,i~M~ AND CARRIAGE CHASE) MOTION: by Mr. Burke to sign the approved definitive plan with a binder coat date of October 15, 1985 and a final completion date of October 15, 1986. SECOND: by Mr. Nitzsche VOTE: Unanimous LANDERS SITE PLAN REVIEW Lot #60sgood Street The premises is on Route 125 (Osgood Street) in and Industrial 2 Zoning District containing 63,870 square feet of land. The proposed building will be for Landers Electrical Company having a building area of 20,000 square feet. The Board reviewed the plan and placed Town Department letters on file (Board of Health, Fire and Conservation Commission) and made them available to the applicant. MOTION: by Mr. Burke to approve the site plan as presented provided the applicant comply with the letters of recommendation submitted. SECOND: by Mr. James ~ BH$I1~$$ Cobble Lane - Request for ~tension Town Planner Nelson reported that tonight was the deadline, but since the 21st of January, they went to the Conservation Commission and it was denied. The request is for the Planning Board to extend their decision until May 31, 1985. MOTION: by Roberts to accept the developer's request for an extension to and inlcuding May 31, 1985 per the applicant's letter. SECOND: by Mr. Nitzsche Chairman Hedstrom suggested denying it or having the applicant withdraw it. VOTE : Unanimous - motion carries Bear Hill - ~ond Release Letters from John Madden and the Board of Public Works were read and placed on file. MOTION: by Mr. Roberts to release $24,606.25 per the Board of Public Works recommendation. SECOND: by Mr. James VOTE : Unanimous - motion carries SET PUBLIC fI~ING DATES Daher - Special Permit - Watershed Set for March 18, 1985 I~-ORC~NIZATION Tabled until full Board is present. The meeting adjourned at 10:00 p.m. Paul A. Hedstrom, Chairman Jean E. White, Secretary way. He believes they can then make the improvements to Rea Street. Mr. Cyr added that it was a town way until 1929 and then it was abandoned. The abutters may not 6wn to the center of the road' It may be a private/public way. ~ Member James asked about the other half and Mr. Charles Niconchik, applicant, responded that Rea Street exists to the opposite side of Crowe's property. He will work with the town to improve it and make it a public way. The town has an easement on either side of the street. Mr. Cyr added that he will clarify the status of the road. Mrs. ~Veronica Mandry stated_that_she~ used to-walk Rea Str~.et, so it was a street, not a private way. Member Nitzsche asked for information o~'therlegal status Of Rea Street. Mr. Cyr responded that private streets are a nightmare. He will get the status from the county engineers. Mrs. Faye ~Ave.rka~ _an abutter, said she does not unde~stan.d_the part O~ t~e water on the West side~ ~Mr..~ Stapinski_~esponded ~that there is a wetland on the site. Mrs. MandrY asked about the leaching bed on Lot 4 and whether she could build a-house or a well. Mr. Stapinski said it-can be moved. ~ MOTION: by Mr. Roberts to take the two subdivision plans under advisement. ~ ~ SECOND: by Mr. James VOTE : Unanimous - motion carries Member Nitzsche stated that he has a problem with the drainage calculations on both subdivisions, especially the drainage on Rea Street. Mr. Cyr added that metal pipe will nOt be acceptable - it'must be reinforced concrete. P' Nor REOUrRrN APPROVAr Bus Co~j~aa¥ - ~urnpike Street MOTI~Nt ~by:'Mr. R~b'erts to approve the plan of land located in Nogfh ~nd°ver, Mass.. prepared for A.B.C. Bus Company -'* dated 1/30/85 under Subdivision Control Law Not Re- quired. sECOND: byi~r~'J_ames ..~ - . VOTE : Unanimous - motion carries Zachary Realty Trust and Brown - Bear Hill Road and Kittre~ge Rd. MOTION~ :bY Mr. Roberts to appr0v~ ~he,~p~n 0f land-i6cate~, , ,_in-, North Andover, Mass. prepared for Zachary Realty Trust and Brown dated 1/25/85 under S~bdivision Control Law Not Required. , :c 9:":: ~ -.-- ~- ~ ~,- .~,~.,.. SECOND: by Mr. James VOTE : Unanimous - motion carries DECISIONS Hillisde Realty Trust - Special Permit - Co~on Drive - Hillsid- Town Planner Nelson reported that at the last meeting, there were some residents from Andover concerned about the sewer connection and wetlands. The applicant submitted a letter but Andove[~s~: Town Manager informed her that they are going to rescind the sew~ ~onn~ction, permission .... '., .~ Tabled until further information is submitted by Andover. The Willowsi~nd~t~,~a1 Park Extens~o~:-.]Res¢in~ Subdiv~s~o, Member James abstained. Residents~gfjMa~ion Drive volunteered:to submit inf~rmati°n o~ the lots. Attorney John Britt representing,Mr. Robert,Regan and Mr. Vingent Grasso was present and stated that they ~re here to answer'any questions regarding this matter. It is clear that neither one of his clients have done anything wrong. There was an inadvertency as to when the conditions were recorded. They don't feel that the late recording of the conditions had any bearing on this case. They have nothing to do with A.R.C. Capricorn Corp. conveyed the lot to A.R.C. Attorney Nicholas DeNitto representing Mr. and Mrs. Goodrich of Marion Drive added that the sole issue toniqht is that going back several weeks ago, Mr. Hedstrom filed ~otice that the Planning Board may rescind the subdivision. He gav~. a hi~ory, of what has happened to date. He also submitted an affidavit to the BoaTd copies of all documents related to the~case.. He add~du~a~ ~h~Fe:~is one lo~ which is,,not sold, .~It;is LO,~!~ on the plan but $~_has been c~a~ged s~n~e the pian'w~s: drawn. It is OWned by, th~. former principals~ of'Capricorn (Regan and Grasso) and there were a number of transactions. The prop~y ~s subject to be sold any day now. If the Board rescinds the plan as originally recorded (#8648), which is not endorsed,,the vote of the Board has to be recorded. If the Board decide~ this is so, and does not get things done, it will compound an already difficult situation. Attorney Britt stated that there is a misunderstanding that'the dispute is about Lot W. He supports what' Town Counsel said that if they revoke it under the statute, they cannot rescind what has previously been-done' Condition #7 has never been broken. Chairman Hedstrom said it was intentional that it was not recorded and that they kn.~W'why the condition was made. Attorney Britt said there is no statute or case which says that is reason for rescision. Member Roberts asked about the spirit of the law. Chairman Hedstrom said they can rescind the subdivision' because of a change in circumstances, being that the conditions were not recorded. MOTION: by Mr. Roberts to rescind the subdivision and direct the Town Planner to take all appropriate steps to implement that decision immediately based on the oral presentation and the affidavit as to the recording order and the clear non-compliance of the Planning Board's directive related to the original approval of October of 1980. SECOND:' VOTE. · by Mr. Nitzsche In favor - 3 (Hedstrom, Roberts, Nitzsche) Abstained- 1 (James) Motion passes ~ Cuba W?ods.7 Preliminary Plan MOTION: by Mr. Nitzsche to approve the Preliniary Plan entitleW Cuba Woods dated September, 19~4 with the following conditions: SECOND: by Mr. James VOTE : Unanimous - motion carries Note: The decision is made a part of these minutes. DISC~3SSIONS Coventry - Premininary Plan Letters from the following were read and placed on file: Tree Warden (1/29/85) Board of Public Works (1/30/85) Highway Surveyor (2/4/85) Conservation Commission (1/10/85) Fire Chief (1/10/85) Board of Health (1/28/85) Mr. Cyr stated that in the event this plan is approved, a tempor- ary turnaround must be provided. Stev~ S%aplnks! of Merrimack Engineer~ng~, project e~giheer% made the'~ollowing preSehtation: - The proposal is for the subdivision of a parcel of land on the South side of Dale Street just to the East of the' town farm i~to~ 40 ~gtsi: - There are 4 lots which are part of the par'cel which-WillY'be owned by Mr. S~olak, - They propose to service all of the lots with a new roadway which w'~l,~,~ ._,run. ,b~etween South. Bra~d,,f,.ord Street a~d,~a!9 s~r~et. - South Bradford Street is in need of ~mprovemen~Cs- applicant will improve it, - There is potential for a considerable amqunt o~f,~development near the site near the Bear Hili~bdivi~ion. They propose to run the water main from Dale Street to South Bradford Street. - They propose to service the roadway with storm drainage. - Lot 37 will keep the existing home and barn on it. There will be septic systems. They are proposing a possible municipal sanitary sewer." The plans have the sewer and a proposal for sewer and a ~.-prQ~le~ew, o~the propose~_~dway. T~Y'ar~' ~ls~ ~Valuating'~he~ PosSibility of~ ~ro~iding the service down South Bradford Street. ' - They have asked for permission for both~ sePt~'c~'system~' and s ewer. - It will be~,d~c~ded prior to submission of ~the def,initive plan. - Two lift stations will be necessary if sewer goes in~. ~ Mr. Cyr presented a Master Plan and information, from the County Engineers. -:.( ' ~ : ]~ _'~ .-. .:-~ ! .... ' MOTION: by Mr. Roberts to take the plan under advisement. SECOND: by Mr. James VOTE : Unanimous - motion carries IN FAVOR: Mr. James, Mr. Burke and Mr. Roberts AGAINST: Mr. Nitzsche DESILETS SPECIAL PERMIT WATERSHED DISTRICT MOTION: by Mr Nitzsche to deny the Special Permit request by Mr. Joseph Desilets, Lot ~1 Essex Street. SECOND: by Mr. Burke Discussion followed. VOTE: Unanimous Note: The decision is hereby made a part of the minutes BOND AMOUNTS THE PINES - MOTION: by Mr. James to establish a bond figure of $842,000. per recommendations from the Highway Department, Tree Department, and Board of Public Works. SECOND: by Mr. Nitzsche VOTE: Unanimous MOTION: by Mr. James to release lots #1-25, 36-40, 45-47 and establish a Binder coat completion date of October 1, 1985 and a Completion Date of September 1, 1986. RECORDED DOCUMENTS TO BE FORWARDED TO THE PLANNING BOARD. SECOND: by Mr. Nitzsche VOTE: Unanimous CARLTON FARMS - MOTION: by Mr. James to establish a bond figure of $335,000. per recommendations from the Highway Department, Tree Department, and Board of Public Works; release lots #2-16 and 46-54. Binder coat completion date shall be October 1, 1985 and Completion date of September 1, 1985. RECORDED DOCUMENTS TO BE FORWARDED TO THE PLANNING BOARD. SECOND: by Mr. Nitzsche VOTE: Unanimous STREET ADJUDICATION RECO~RNDATIONS MOTION: by Mr. Burke to recommend Sharpners Pond Road, Gilman Lane, Penni Lane and Duncan Drive for acceptance at the 1985 Annual Town Meeting. SECOND: by Mr. Nitzsche VOTE: Unanimous