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HomeMy WebLinkAbout1981-01-19January 19, 1981 Reg~la,~ Meet~'tg The Planning Board held a regular meeting on Monda~ evening, January 19, 1981 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: William Chepulis, Chairman; Paul A. Hedstrom, Vice-Chairman; Joseph D'Angelo, Clerk; Michael P. Roberts; and John J. Burke. Town Planner Susan St. Pierre and Highway Surveyor William Oyr were also present. Proposed amendments to Rules and Regulations Governing the ~ubdivision of Land The clerk read the legal notice. Mr. Chepulis addressed the audience and asked for recommendations. Patricia Trombly, Greene Street spoke first and had the following comments: As a representative of the League of Women Voters - they are in favor of the amendments to the Rules and Regulations which provide for a better hold on land-use cc~trols. As a citizen, scme random comments: Page 2, No. ~E - drainage calculations - In terms of the future, she would recommend that the Planning Board consider more definitive specifications. 3I - regarding soil types - where there is a large amount of disturbance, you might be better off tp require actual soillogs with more detailed and specific information. She also recommended environmental analyses for all subdivisions and suggested the Planning Board work on a form to be used. Benjamin Osgood, Old Village Lane: Section 10, 3I -Presently there are four departments that are involved in work that has been completed in a subdivision, but none have public hearings. He feels that the Planning Board is proposing to bond work that is governed by another agency. Member Hedstrom disagreed with Mr. Osgood - The Planning Board understands that the Conservation Commission has bonding capabilities, but we view the final release of the bond that everything is completed. Our jurisdiction extends beyond the road situation. We are talking about particular drainage areas within lots that will be deeded to the town of North Andover. Therefore, there should be a bond. You can get partial releases along the way and he said that the current procedure is necessary. Mr. Osgood again pointed out that Planning and Conservation ars two totally separate ~gencies and Hedstrom said they are related in many situations. Mr. C~hepulis said that the Planning Board has control over the monies set forth by the Highway Department and the Board of Public Works. The Conservation Commission bonding does not tie in with the Planning Board. Overall, the Planning Board and Conservation Commission are working toward the same end. Mrs. Trombly said she would like to see something tied with the Wetlands Pro- tection Act. Mr. Chepulis replied that this is nothing new - one of the oenditions upon which a subdivision is approved is that a Certificate of Compliance be obtained January 19, 1981 -2- Regular meeting Public hearing - amendments to Rules and Regulations - continue~ from the Conservation Commission. Maybe it should be put into one package, but we have been exercising it this way without complaints. -Mr. Joseph Cushing asked the Board when the Planning Board requires the developer to put up bond money for the Conservation CommisSion. Mr. Chepulis replied that they DO NOT. There is a certain amount for the Highwa~v Department and a certain amount for the Board of Public Works and again told the audience that the Planning Board has nothing to do with the bonds for the Con. Com. Highway Surveyor Cyr then asked what happens when th~ bond-is released and the work is not satisfactory? Chairman Chepulis said that perhaps the Building Inspector can withhold building permits. Mr. Scott Follansbee, Penni Lane, addressed the Board next. He cited problems with the fact that many subdivisions have a general order of conditions which do not cover certain parcels. The attorneys are not aware of this amd sub- sequently are finding clouds in the titles. The problem is that the Con.~ Com. does not specify what areas are restricted and it creates problems with the Registry of Deeds. Mr. Osgood suggested that the Planning Board could rectify this so that it will not affect the final release. Chepulis - No, we can held back monies until the Certificate of Compliance is obtained and it should not jeopa~ize any work. Mr. 0sgood then discussed page 1, Nc. 1, Amend Section II. B. l0 by removing. .... He said that one cf the things in that particular requirement is that deep water tests can only be conducted during March and April. He feels that one can only submit a subdivision after having done deep water tests during these two months and it creates a hardship on the developer. Chairman Chepulis explained that the Board of Health came out with their regulations in 1974, and the proposal sa~vs that we operate in accordance with them. Member Burke agreed with Mr. 0sgcod in that a burden is placed on the Board of Health, the developer, and the land owner by conducting these tests only in March and April. Mr. Osgoed then addressed Form A Approvals: He feels that Form A lots come before the Planning Board merely for proper area and frontage. He feels that the Board overs%eps its juriediction when reviewing Form A plans. Member Hedstrom strongly disagreed - the Planning Board is cc~cerned with the public welfare. There was further discussion between the members of the Planning Board, Scott Follansbee, and Benny 0sgood about what infcrm~mtion is required on the plan for Form A's and it was suggested that the Town Boards get together to define more clearly what is required. Mr. 0sgood then addressed pag~ 2, No. 3 Amend Section III. B. 1 .......... On the construction schedule - It is his feeling that when the Planning Board approves a plan, the time frame to build the ~ubdivision is governed by State statue (5 years). Town Planner Susan St. Pierre disagreed and said it is protected by zoning changes. The construction schedule starts after the developer starts building houses. January 19, 1981 -3- Regular meeting Public hearing - amendments to Rules and Regulations - continued She further stated that what is happening is that when a subdivision is first approved, a covenant is recorded and a building permit can be obtained. At that time the Planning Board should set the time frame. The purpose is to protect houses and the people in the area from hazardous conditions. Mr. Osgood said the time frame should start when the work starts and member Roberts said that is what they are trying to establish - you let us know when you are going ~o start work and we will set the completion date. Utility Lines - Members of tB~ Board, the Town Planner, the Highway Surveyor, Mr. Osgood, and Mr. Follansbee then discussed Pa~e 2, No. 4. The reason the developers do not have utility lines on plans is because the utility companies do it themselves after the developer pays them. Mr. Osgood said the Board of Selectmen have control over them and Highway Surveyor Cyr disagrees and said he has some say as to where they go. Town Planner S~. Pierre will check into this matter. On Page 2, No. 5 - Mr. Foltansbee said that you cannot put all the required information of a definitive plan on the size required by the Board. Member Chepulis suggested using more than one sheet. Member D'Angelo suggested changing sheet to sheet(s). P~ge 3, No. 6, Amend Section III. D...... ....... Mr. Osgoo~isagreed with one Board telling another what to do, example, septic systems. Member D'Angelo agreed with Mr. Osgood and the Board said it will di so1As s. However, member Hedstrom said the Boards are working together, and we are suggesting that the Board of Health key into this subdivision. P~ge 2, No. 9, Amend Section III. H .... ....... Mr. Follansbee a~ain said there is a problem with getting caught between two town agencies. Town Planner St. Pierre told him that if a subdivision is sold to one entity, the Planning Board can still rescind approval. Mr. Chepulis said in order to rescind a plan, a public hearing must be held. ~ Motion: by Mr. Roberts to continue the public hearing to amend the Rules and Regulations Governing the Subdivision of Land to the next Planning Board meeting beginning on P~ge 4. Second: by Mr. D'Angelo Vote: Unanimous in favor of the motion. January 19, 1981 -4- Regular meeting Plans _N_ot Re~uirin~ Approval Granville Lane - C~apel Re~lt~ The applicant's son was present and said it is an equal swap in land. Motion: by Mr. Roberts to approve the plan of land located in North Andover, Mass. for Chapel Realty, dated January 6, 1981, under Sul~livision Control Law Not Required. Second: by Mr. Hedstrom Vote: Unanimous in favor of the motion. pale Street - Riccio Mr. Riccio was present and told the Board this is an equal sw~p in land. There was some question on changing the lot lines. Motion: Second: Vote: Note: by Mr. Roberts that the plan of land located in North Andover, Mass. prepared for Riccio be approved under Subdivision Control Law Not Required and the plan will be signed when a new set is submitted outlining the new and old lot lines (Lots 3~and 4). by Mr. Burke Unanimous in favor cf the motion. Chairman Chepulis signed the plan and application on January 27, 1981 after discussion with the applicant and his attorney. L_akeside - discussion wi.th Mr. John Turtle on siltation at Stevens Pond Mr. ik~ttle not present. Board instructed secretary to send him a letter and request his presence at next meeting. Lisa Lane - Recommendation for .ad~,dication by Plan~t~E Board to Selectmen Mr. Douglas Wilson, the petitioner, was present tonight. Mr. Cyr s~ated that ~he purpose of this meeting was to clarify and discuss the problems he outlined previoUsly on Lisa Lane. He also said ~ha% a let%er of recommendation is forth- coming from the Board of Public Works. Motion: by Mr. Roberts ~o make note that the requested easement has been submitted and upon receipt of the recommendation from the Board of Public Works the Planning Board will take astion on the request ~o have a portion of Lisa Lane accepted as a town street. Second: by Mr. Heds~rom Vote: Unanimous in favor of the mo$~on. French ~arm Milla~e - DiscussioB The Board reviewed the plans with Mr. George Pelletier from Prs~nk Gelinas' office. January 19, 1981 -5- Regular meeting French F~rm Village - continued The clerk read letters from the Highway Department and the Board of Public Works. Mr. Cyr said that they have to get into the elope areas between stations 15 a~d 1700 on Road B. Mr. Pelletier s~id they are soliciting information from the abutters and there is a provision to spe~k to some of the businesses regarding the lift station. Also, there are some two family homes (shacks) which will be razed. The Board reviewed a Form A on the property from 1972, as well as a copy of a variance decision from the Board of Appeals. Mr. Chepulis expressed concern over people using the ro~d as a short-cut and Mr. Cyr agreed that this could be a problem, and although he is against cul-de- sacs, this is one area where it might be better to have one to avoid the problem of the short-cut. Motion: by Mr. Hedstrom to continue until February 11, 1981 to give the Board the opportunity to review the correspondence. Second: by Nr. Roberts Vote: Unanimous in favor. Note: the Planning Board set their second meeting of Febru~-y for the 11th, because of Washimgton's birthday falling on the 16th. Greenwood East - discussion of one drivewa~V serving three lots Re-schedule for next meeting. Notion: by Mr. Burke to discuss at the next meeting. Second: by Mr. Roberts Vote: Unanimous in favor. Housing Authority Proposals Town Planner St. Pierre discussed the three different sites for the proposed elderly/handicapped housing units for North Andover and stated that she recommended the Waverley Road site. Michael Smolak - A~ricultural Preservation Application. A letter from Mr. ~nolak was read, in which he requests support from the Planning Board in his attempt to apply for Agricultural Preservation. The Board instructed the To~m Planner to draft a letter of support from the Board. Riverview/Ashland Streets - zoning change Susan reminded the Board that the warrant closes on February 2. Jan,~y 19, 1981 Riverview/A.shland Motion: Regular meeting - continued by Mr. Roberts to sponsor the article to re-zone Riverview/Ashland Streets from I to R-4. Second: by Mr. Burke Vote: Unanimous in favor The Board instructed the Planner to dr~ft the article. The Town Planner then asked the Board if they would be willing to make allowances to encourage solar energy devices. The members felt that this is a touchy situation and people could be putting up unsightly devices around town. She also asked the Beard if they would submit an article on Cluster Zoning at the nex~ Special Town Meeting, and they said "yes". .N.i. llows Industrial Park -recordable copy .of restrictions Received and on file. Beard of Appeals - decisions - received and on file Legal notices - towns - received and on file. Conservation Commission - correspondence - received and on file. The meeting adjourned at ~1:15 p.m. William Chepulis, Ch~rm~n Jean E. White, Secretary