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HomeMy WebLinkAbout1980-10-20October 20, 1980 Regular Meeting The PLANNING BOARD held a REGULAR N~TING on Monday evening, October 20, 1980 at 7:30 p.m. in the Town Office Meeting Room. The following members were present and voting: William Chepulis, Chairman; Michael P. Roberts; Joseph D'Angelo; John J. Burke; and Paul A. Hedetrom, who arrived late for the meeting. Mr. William Cyr, Highway Surveyor; Susan St. Pierre, Town Planner; and Charles Foster, Building Inspector, were also present. The meeting came to order at 7:45 p.m. CONTINUED PUBLIC B~ARING - Kenneth M~.nhe,y - Special Permit in Watershed District This public hearing w~s continued from September 22, 1980. Mr. Chepulis read the Board of Appeal's decision, d~ted October 16, 1980, Petition No. 24-'80, which states that the Board of Appeals granted a variance to the applicant (Kenneth H~phey) from the '~o-cut" by-law, with the condition that the drive- way will be no greater than fifteen feet in width. Mr. Cyr stated that he has no objections to the Special Permit being granted as long as the By-Law is upheld. Motion: by Mr. Roberts to grant the Special Permi~ application of Kenneth Haphey to construct a driveway in the watershed district. In addition, the Planning Board makes the following findings and the permit is subject tn the following conditions: a) The specific site is an appropriate location for such a use, structure, or condition; b) The use as developed will not adversely affect the neighborhood; c) There will be no nuisan0e or serious hazard to vehicles or pedestrians; d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use; e) The Planning Board will not grant any Special Permit unless they make a specific finding that the use in is harmony with the general purpose and intent of this By-L~w. Conditions: 1. Perimeter drains from the proposed house and any other drains from the property shall not be direcSed toward the street; 2. A driveway entry permit shall be obtained from ~he office of the Highway Surveyor; 3. Hay bales shall be placed along the length of the proposed driveway during the entire term of construction; 4. ~nly those trees necessary to be removed for construction of the driveway shall be disturbed. Ail tree removal activities shall occur under the direction of the Tree Warden; 5. The construction of the driveway shall be completed no later than October 15,1981; 6. The driveway shall be no greater than 15' in width in accordance with the Board of Appeals decision of October 14, 1980, Petition No. 24-'80; 7. Construction shall conform with the Conservation CommAssion's Order of Conditions, dated October 3, 1980, File No. 242-97. October 20, 1980 -2- Regular Neeting HapheyI con't. The motion was seconded by Mr. Burke and the vote was unanimous in favor of the mo$ion. WILLOWS INDUSTRIAL PARK EXTENSIOW - DECISION - This decision is continued from October 6, 19'~0. Robert Regan and V. Grasso were present at the meeting. Mr. Chepulis read a letter from Charles Foster, Building Inspector, dated October 20, 1980; Re: Interpretation of Yard Setbacks between Industrial and Residential Zones. Several abuttors to the industrial park were again present and Mr. Foster gave a presentation on the plan to the abuttors concerning their property lines amd setbacks. Mr. Chepulis pointed out that there should be 40' between curbs and the plan calls for 32'.. Mr. Cyr said that 32' is sufficient. Notion: by Mr. Roberts to approve the definitive plan of land entitled Willows Industrial Park Extension, dated June 13, 1980 and revised October 6, 1980 with the following conditions: Boilerplate conditions 1, 2, 4, 5, and 6 7. That, as required by our Zoning By-Law, Table 2 Summary of Dimentional Requirements, Footnote 3: Adjacent to residential districts, the required side or rear setback shall be ~00 feet. The first 50 feet shall remain open and green, be suitably landscaped, unbuilt upon, unpaved and not parked upon. Said 100 foot setback shall extend from the prcper~y line; 8. Ail water amd sewer improvements shall be in accordance with the Board of Public Works letter, dated September 22, 1980; 9- As reqllired by the Bighway Surveyor's letter, dated September 16, a) Ail road improvements shall be made in accordance with the revised plan, dated October 6, 1980; l a minimum grade of 1% shall be maintained on the entire roadway; where drainage is to be discharged, a drainage easement deeded to the Town of North Andover shall be required; d) road gravel must be of good quality and free of any stones over 6 inches; e) waiver of 40 foot paved area; 10. Revised plan showing the ~% grade shall be submitted to the Planning Board; 11. A Certificate of Compliance recluired from any Order of Conditions issued by the Conservation Commission shall be required of the applicant prior to the final release of any bond or covenant; 12. All work in said subdivision shall be completed no later than October 15, 198~, except the finish coat. On October 15, ~98~, the Planning Board will set a completion date for the finish coat. The plans will not be signed until the above order of conditions have been outlined and a set of plans properly enumerated and dated have been submitted to the Planning Board. The motion was seconded by Mr. Burke and the vote was unanimous in favor of the motion. Note: Paul Hedstrom arrived at this point. October 20, 1980 -.3- Regular Meeting WILLOWS INI~STRIAL PARK - Request for waiver from underground utility lines The clerk read the letter from R. Regan, V. Grasso, and L. Hamel. There was discussion about points brought out in the letter between the Planning Board and the applicants, including the following: Mr. D'Angelo ~uestioned the amount of lines in the water table. Mr. Regan said that a substantial amount of lines would be in the table (2/3 to 3/4). Questio~ of cost difference: 5 to 1. Question of who pays for the initial service cost: the developer. Mr. Cyr requested that, if the decision is made to grant the waiver, he would like the utility lines set back from the lot lines, and they would have to be on the street easement. Mr. Hedstrom pointed out that it is not the size of the subdivision th2t is important, but the type of clientele it will attract. Mr. Condon, an abutter, questioned the kind of precedent the Planning Board would be setting by granting this w~iver. Mr. Hedstrom responded that this is ex~ctly the point of this discussion. Mr. Grasso the~ referred to an article in the Lawrence Eagle Tribune in which Brian Sullivan ~tated that North Andover should not become a 'rbedroom town." Mr. ~rank Greslick, M~rian Drive said that it is the desire of the abutters and the intent of the developers to have the locations attractive. At this point, Mr. Hedstrom requested from the applicants a recordable copy of their Design Review Restrictions and the applicants agreed to provide one. Notion: by Mr. Hedstrom: to approve the Willows Industrial Park's request for a waiver from the Subdivision Rules and Regulations requirement of subteranean utility lines for Willows Industrial Park and Willows Industrial Park Extension; Section 4, Par. D with the condition that the Planning Board receive by its nex~ meeting a reoordable copy of the Design Review Restrictions on the balance of the land and subject ~o prior approval of the location of the lines by the Plaguing Board. Second by Mr. Roberts and unanimous vote in favor of the motion. INGALLS CROSSING - Completion date and bond release The clerk read letters from B. Cyr and J. Borgesi. Mr. Cyr said that the biggest problem here is that the completion of the culdesac has been waived, and rather tb~__n go ahead and entirely pave it, the culdesac's grade will be lower. Mr. Arthur Kalogianis said that when Laconia Way becomes a through-wa~v, he would like to leave some money with the to~n in case it goes through. It would be foolish to finish a ro~d if it is going to go through. He wants to leave the money with the idea that the road will be extended. Both Mr. Cyr and Mr. Ealogianis agreed that $8500.00 would be sufficient. Notion: by Mr. Roberts that per the agreement with the developer and the Highway Surveyor concerning the ex-tension, the Planning Board, at a future date when the next phase of the development is complete, will set a completion date on the ouldesac portion of the development. Second: Mr. Hedstrom and unanimous Vote in favor of the motion. October 20, 1980 -4- Regular Meeting i~GALLS'CROSSING - Bond release Notion: by Mr. Burke that the Planning Board release $14,500 per the Highway Surveyor's recommendation, and $840 per the reoommendatien of the Board of PUblic Works, for a total of $15,340, leaving a balance of $10,500 held by the Highway Department. Second: by Mr. Roberts and unanimous vote in favor. LAKRSIDE - Bond release The clerk read letters from the Highway Surveyor and the Board of Public Works. Motion: by Nr. Roberts that no money be released for this subdivision and a letter be sent to the developer explaining why the money is not being released. Second: by Mr. Hedstrom and 3-1 vote. Mr. D'Angelc voted against the motion. BC~TNEYLANE- Bond release The clerk read a letter from the Highway Surveyor. Motion: by ~r. Roberts that the Planning Board release $21,000 per the recommendation of the Highway Surveyor, leaving a balance of $53,640 ($50,000 - HWY, $3,64o - BPW). Second: by Nr. Burke and unanimous vote in favor. MR. &. MRS. SPRACKLIN - request ~o have Haymeadow Road paved Mr. Cyr gave Nr. Chepulis a letter he wrote om August 12, 1980, which Mr. Chepulis rea~ and the Town Planner gave an explanation of ~t has happened in this subdivision. Mr. Cyr said that he has talked with the engineer, but has not received a reply, and does not have the tools to refuse an occupancy permit. He strongly pointed out that this is an urgent matter and contact with Town Counsel is needed to find out what is going on. Several residents of the street were present and questioned how an occupancy permit could be issued on an unpaved road. Paul Hedstrom pointed out that completion dates must be read. Motion: by Mr. Roberts that the Planning Board notify Town Counsel immediately to contact Mr. Hyder in reference to his letter of June 30, 1980 concerning the transferring of funds if the work is not completed by August 14, 1980. Also, the Planning Board authorize Mr. William Cyr to contact Town Counsel and Attorney Hyder in an effort to expidite the completion of the dangerous situation that exists in this development on behalf of the Planning Board. Second: by Mr. Burke and unanimous vote in favor. October 20, 1980 -5- Regular Meeting PLANNERS INFORMATION The clerk read a letter from Attorney John Willis, Sr., who represents Mr. Flatley, developer of the Trafalgar Estates Subdivision concerning the sub- mission of a letter of credit in lieu of bank books for the next phase of the subdivision. Mr. Chepulis said that he would have liked to have received the letter from the developer and not Town Counsel, because the Planning Board should refer this matter to Town Counsel. Mr. Cyr recommended that we do not accept several bankbooks for one subdivision in the future - it is too confusing. Motion: by Mr. Roberts that we notify the petitioner that a letter of credit would be acceptable by the Planning Board. Second: by Mr. Hedstrom and unanimous vote in favor. Susan St. Pierre requested setting a date for a workshop with the Planning Board. Set for Wednesday, October 29, 1980 at 7:30 p.m. in the Town Building. Mr. Chepulis asked if any members of the Planning Board had wnlked Campbell Forest on October 15. Response: '~o." BOARD OF APPEALS - legal notices Subatch - request for a variance on Thorndike Road. Motion: by Mr. Hedstrom that no recommendation be n~e by the Planning Board except to adhere to the Zoning By-Law. Second: by Mr. Roberts and unanimous vote. LEGAL NOTICES - Towns - received and.on file. MINUTES - October 6, 1980 - Motion by Mr. Roberts to accept as written. Seconded by Mr. D~Angelo. Unanimous vote. Mr. Chepulis remided the Board of the October 25, 1980 seminar in ~raz~ingham. The meeting adjourned at 11:15 p.m. ~~. /~~ William Chepulis, ~nairman Jean E. White, Secretary