Loading...
HomeMy WebLinkAbout1981-02-02February 2, 1981 Regular Meeting The Planning Board held a regular meeting on Mo~day evening, February 2, 1981 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: William Chepulis, Chairman; Joseph D'Angelo, Clerk; Michael P. Roberts; and John J. Burke. Town Planner Susan St. Pierre and Highway Surveyor William Cyr were also present. Public Hearing - Amendments to Rules and Re6~lations - o,ontinued from Jauuar~ 1~ The Board decided to postpone on the agenda because member Hedstrom is not present. Plans Not Requiring Approval Ha~meadow Road Mr. George Pelletier, applicant, was present and told the Board that this is a swap of 1800 square feet from one lot to another. The reason is that the septic design for lot 65A is going into the area. Motion: by Mr. Roberts that the plan of land in North Andover, Mass. prepared for George Pelletier, dated January 30, 1981, be approved under Sub- division Control Law Not Required. Second: by Mr. Burke Vote: l/nanimous in favor of the motion. Sharpner's Pond Road Mr. Chepulis received a telephone call prior to the meeting from the applicant. He is unable to attend because of illness. This is a Land Court case because there has never been a definitive perimeter on the land. Motion: by Mr. Roberts that the plan of land in North Andover, Mass. prepared by Goodwin and Gallagher, dated March 5, 1980, be approved under Sub- division Control Law Not Required. Second: by Mr. D'Angelo Vote: Unanimous in favor of the motion. Note: The plan needs the Planning Board stamp and a copy of the deed is to be filed with the plan and application. Che,s~nut Stree~ Combining three lots into one. Motion: by Mr. Roberts that the plan of land in North Andover, Mass. prepared February 2, 1981 -2- Regular meeting PNRA's continued for Herbert Ha~es, dated January 8, 1981, be approved under Subdivision Control Law Not Required, with the conditions that a note is added to the plan showing the old lot numbers, that the engineer (Frank Gelinas) sign over his stamp, and the Planning Board stamp is affixed to the plan. Second: by Mr. Burke Vote: Unanimous in favor of the motion. Middlesex Street Plan was disapproved at January 5, 1981 meeting for additional information. Mrs. S~robel, the applicant, was present tonight. She presented a copy of a plan obtained from Salem, Mass. by the Highwaff Surveyor and an old plan of the land prepared for Helen Kent and Sandra Duncan, previous owners. There was some discussion on whether the same plan was acted on several years ago, but upon checking in the Plaything Board Office, nothing ~urned up. Mr. D'Angelo wants the width of Middlesex Street shown on the plan and Mr. Cyr said he will contact the County Engineer for verification. Motion: by Mr. Burke that subject to verification by the CountY Engineer the plan will be approved under Subdivision Control Law Not Required. Second: by Mr. D'Angelo Vote: Unanimous in favor of the motion. O~her Business Lisa Lane ~ Recommendation to Board of Selectmen on asceptance of street The clerk read a letter from the Board of Public Works and a copy of the drainage easement. Motion: by Mr. Roberts that the Planning Board recommend favorable action on the acceptance of Lisa Lane. No second. Mr. Cyr said that the Board of Public Works talks about specifications, ie, subject to overlay of the old street. Mr. Douglas Wilson, the petitioner, was also present tonight and told the Board that he has seen Mr. Borgesi of the Board of Public Works regarding the fact that the town has dug up the street to put in the sewers. Motion: by Mr. Roberts to obtain in writing from the Board of Pablic Works notic that the street will be restored. No second. February 2, 1981 -3- Regular meeting Lisa Lane - cont..i..n~ued Notion: by Mr. Roberts that the Planning Board make a favorable recommendation to the Board of Selectmen in reference to the accsptance of Lisa Lane with the condition that the Board of Public Works top-grades the road and restores it to the proper condition. NO second Notion: by Mr. Roberts that the Planning Board notil~y the Board of Selectmen that we accept the street with the condition that the Board of Public Works will work on Lisa Lane and that the Planning Board receive verification from the Board of Public Works that they will restore the road to the proper condition. Second: by Mr. B~rke Vote: Unanimous in favor of the motion. The Chairman then instructed the secretary to include another sentence in a letter already drafted to include the above mentioned condition and deliver the letter to the Selectmen's meeting now in progress. Abbott Meadows - Set hearin~ date The definitive plan was submitted January 26, 4981. Motion: by Mr. Burke to set the public hearing date for March 16, 1981 Second: by Mr. Roberts Vote: Unanimous in favor of the motion. Greenwood~st - three lots served b~ one driveway Mr. George Pelletier, an engineer with Frank Gelinas and Associates, told the Board that he h~s done an "as built" on the driveway and is in the process of doing a new plan. It was agreed by Mr. Pelletier and the Board to continue until February 11, 1981. DaWeside T discussion ~with Mr. Joh~ Tuttle - siltation at Stevens Pond Mr. Turtle again not present. Mr. George Pelletier and Nr. Joseph Cushing informed the Board that they viewed the property recently with members of the Conservation Commission. Con. Com. wants an indication from Mr. Tu%tle that the erosion problem will be addressed and a notice of intent will be filed with them. They had a discussion about controls which will be incorporated and the Con. Com. will be sending a letter outlining what the agreement was and will send a copy to the Planning Board. Con. Com. indicated that when these controls are met, the restrictionslwill be lifted. Mr. Cyr told the Board that he viewed the property today and it looked like February 2, 1981 -4- Regular meeting Lakeside ~, continued '~ancake bat~er" coming through the pipe. He further stated %hat he will not recommend the release on any monies until the work is done. Mr. Cushing said that Mr. Turtle will get the contractor to clean out the basins. The Chairman instructed the secretary to send Mr. Turtle another letter requesting his presence at the meeting of February 11. Correspondence - Advisor~ Board The clerk read a letter from the Advisory Board, dated January 17, 1981, requesting notification of any scheduled hearings concerning matters for Town Meeting. Motion: by Mr. Burke to send a letter to Town Counsel asking for his opinio~ on whether the Advisory Board has jurisdiction on ~hese matters. Second: by Mr. Roberts Vote: Unanimous in favor of the motion. The Chairman instructed the secretary to notify the Advisory Beard of any hearings in the meantime. Secretary's Note: No public hearings have been scheduled to date and on February 13, 1981 we received a reply from Town Counsel, a copy of which is included in these minutes. CQrrespondence - Town Counsel - A~ricultural Preservation Application of M. Smol~k Susan St. Pierre g~v~ the Board an explanation, ie, request for Conservation Commission funds to be utilized for this request. Town Counsel's opinion is %hat the matter must go before Town Meeting. Correspondence - P. Cone The clerk read a letter from Mr. Cone, dated January 29, 1981, in which he stat~s his wishes to deed a lot of land to the town for conservation purposes. The chairman instructed the secretary to send Mr. Cone a.letter and request his appearance before the Planning Board to discuss this matter. Note: Mr. Cone's letter has been misplaced and I have been unable to obtain an address, so no correspondence has been sent to him to date. (2/25/81)** Legal Notices - Board of Appeals Preda - Request for a v~riance because chi~ey is too close to lot line. Motion: by Mr. ~ober%s %o recommend favorable action. (Foxhill ~d.) Second: by Mr. D'Angelo Vote: Unanimous in favor February 2, 1981 -5- Regular meeting Legals - continued H~ddow - request for a variance to divide property on Marblehead St. Motion: by Mr. Burke to recommend favorable action Second: by Mr. D'Angelo Vote: Unanimous in favor ~egal Notices - Towns Received and on file .inures - Continue until February 11, 1981 - Board received tonight and needs time to read. Public He~[ing - postponed for full Board - Amendments to Rules a~d Regulations, Motion: by Mr. ~urke to continue until next meeting. Second: by Mr. Roberts No objection from audience Vote: Unanimous in favor Niscellaneou~ APA - Town Planner to attend conference in April. The meeting adjourned at 9:40 p.m. William Chepulis, C~airman -- Jean E. White, Secretary ** Secretary's ~ote: Obtained ~,~r. Cone's address and sent him ~ letter on ~/3/81 invitin~ him to Pl~uning Board meetin~ of 3/16/~ to discuss the parcel of l~nd.  OI~ICE OF TOWN COUNSEL 160 PLEASANT STREET TO~N OF NORTH ANDOVER, MASSACHUSETFS 01~45 JOHN J. WILLIS, SR. TELEPHONE 685-3551 Town Counsel February 13, 1981 William Chepulis, Chairman Planning Board Town Hall North Andover, MA 01845 Re: Advisory Board-Recommendations Dear Mr. Chepulis: General Laws, Chpt. 39, Sec. 16 provides for the establishment of an Advisory or Finance Committee. Since North Andover, as a town having an evaluation in excess .... nf~ne--M~on--Dollar~--mus~re~stablish--such--a-committeo~--,-~ and create it by town by-law, the duties of the committee as provided by statute requires "the Advisory Committee shall consider any and all municipal questions for the purpose of making reports or recommendations to the town". The duties as outlined in the .town by-law, Sec. 5, Subsec. 4, provides that the Advisory Committee shall "consider all matters of business included within the articles of any warrant for a town meeting, and shall, after due consideration, make a report or recommend- ation as to each article". Your specific question with respect to the right or obligation of an Advisory Committee to report on zoning articles, lies in the'interpretation of whether or not such an article is "a municipal question", or a "matter of business". ~istorically, the Advisory Board has not participated in any recommendations with respect to zoning articles. However, under the language of both the statute and the by-law, an interpr~ation allowing - such an opinion might be sustained. JJW:psw ~ry tru. l~ your s, Town Counsel