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HomeMy WebLinkAbout1981-03-16March 16, 1981 Regular Meeting The Planning Board held a regular meeting on Monday evening, March 16,1981, in the Town Office Meeting Room. The following members were present and voting: Paul A. Hedstrom; Vice-Chairman; Michael P. Roberts; John J. Burke; and new members Vincent S. Turano and Erich Nitzsche. Highway Surveyor Buddy Cyr and Town Planner Susan St. Pierre were also present. PUBLIC I{EARINGS ~ Amendments to Rules and Re6ulations Governing the Subdivision of Laud - Tabled Abbott Meadows Mr. Prank Gelinas spoke, representing the owner, Mr. Olms. This is a 7.3 acre parcel of land. There are two lots which front on an existing roadway~ Abbott Street, and four lots on a proposed roadway, shown on the plan as Road A. The land consists of a~ 3~ slope from the NW corner. The road will be serviced by underground electric and telephone systems and also serviced by town water. There is an 8" main which they plan to connect to Station 3. This plan evolves from a preliminary plan submitted in November of t980. The only changes are in the slope and the fact that the roadway has been shortened. The plan has been processed with the Board of Health. There were some tests performed, but the resutl.s are controversial. The soil is glacial till with a water table found in December of 3 feet. There have been no perc tests done to date. The drainage is at the intersection of Abbott Street and Road A. Members Hedstrom and Turano expressed concern over increased flow to abutters downstream (there is a brook on the property). Gelinas responded that the way the subdivision is presently designed, there is an increase of flow into the brook. He does not feel, however, that there will be any damage to the downstream abutters, and if there is, changes can be made. Mr. ~dstrom also voiced conce~ abo~ downstream abutters losing some of their bank. Mr. Turano asked Mr. Gelinas if he had submitted any drainage calculations - reply - '~o." At this point, Mr. Turano, acting as clerk, read the legal notice, as well as correspondence from the Board of Public Works, the Board of Health, the Tree Warden, the Fire Chief, the Conservation Commission, and Mr. Joseph Barbag~llo. Mr. Cyr gave a verbal report and stated that other than the concerns he stated in his previous letter, he has no problems with the subdivision. The cul-de-sac is necessary in this case. He will put his opinions in writing. Mr. Hedstrom then asked for comments from the audience. Mr. Kosdr~s, 59 Summer Street, stated - "The fire department wants to loop around Salem Street - who is going to pay for it?" ~4ember Burke responded - "The developer." Narch 16, 1981 -2- Regular Neeting Mr. Cyr stated that if the water is ex%ended to Salem Street, it is the developer's responsibility to patch any damage to the road. Because the time limit for a decision is a factor, Mr. Gelinas told the Board they have the following choices: to deny the subdivision, or grant an extension to prove the merit of the soil to the Board of Health. Ne would like the extension so that the problem can be resolved. Nember Roberts suggested withdrawing without prejudice, but Nr. Gelinas said '~o" - we are not going to withdraw, but we are willing ~o extend." Mr. Turano suggested an extension of 60 days, or 30 days after the information is submitted, whichever occurs first. The 60 days was agreeable tc Nr. Gelinas and the Board. Nr. Gelinas presented a letter to the Board requesting an extension to Nay 26,1981 and stating that during that time, he will process soil data to the Board of Health by ApriI 15, 1981 and submit a lO0-year flood plain of Nosquito Brook to the Planning Board by April 8, 1981. Mr. Gelinas also presented a copy of a drainage design and member Hedstrom questioned the level of the brook. Gelinas responded that there is not enough change to be concerned about. Gelinas also stated that he realizes that one cannot cause damage downstream and if the Board wants to know the rise in the brook, he will try to furnish the information. Mr. Turano stated that perhaps the numbers would generate the flood plain around the brook, and in so doing, a number of things could be addressed; ie., the placement of the houses, and the possibility that this should be put before the Conservation Commission. In Further discussion, Mr. Turano talked about drainage and catch basins. He thinks it is normal practice not to connect more than two catch basins in a series and there are four on the plan. Buddy Cyr said it is normal in this town, and member Nitzsohe also said he doesnot want to see more than two. Buddy said he can not see any advantage to changing the way they are presently being done. Mr. Nitnsche also talked about the catch basins and Buddy said that if they are maintained, there is no problem. The manholes are nothing but an added problem and burden. Motion: by Mr. Burke to accept the applicant's waiver of the 60 day condition andgrant a 60-day extension. Also, to take the matter under advisement and close the public hearing.' Second: by Mr. Roberts Vote : Unanimous in favor of the motion. March 16, 1981 -3- Regular Meeting PLANS NOT REQUIRING APPROVAL Fuller Road - Mr. Burke disqualified himself from this vote. Motion: by Mr. Roberts that the plan of land located in North Andover, Mass. for Jayco, dated February 10, 1981, be approved under Subdivision Control Law Not Required. Second: by Mr. Nitzsche Vote : Unanimous in favor of the motion (4 members voting) S~lem Street Notion: by Mr. Roberts that the plan of land located in North Andover, Mass. for J. Philbin, dated March 9, 1981, be approved under Subdivision Control Law Not Required. Second: by Mr. Nitzsche Vote : Unanimous in favor of the motion. Andrew Circle Realtj~ Trust - transfer of land Motion: by Mr. Burke that the plan of land located in North Andover, Mass. for Andrew Circle Realty Trust be approved under Subdivision COntrol Law Not Required, subject to correction - an "A" looks like a Delta. Second: by Mr. Roberts Vote : Unanimous TOWN MEETING ARTICLES - Tabled LAKESIDE - Discussion with Mr. Cyr and Mr. Turtle Member Turano abstained from this discussion. Mr. Turtle was not present tonight. Mr. Burke read letters from the Highway Surveyor and the Conservation Commission. Hr. Cyr asked - "What is the impact of a Cease and Desist?" Town Planner St. Pierre responded - "They (Con. Com.) are ordering him to stop all work." Mr. Cyr told the Board that he had met with the contractor and told him to put additional check dams on Pleasant Street. He thinks one of the biggest problems is several springs of close proximity on the southerly side of the road. Most of the water that comes down is coming from these springs. He also stated that he is scheduled to meet with the contractor again tomorrow (March 17), but in view of the Cease and Desist, he isn't sure now if he will. Mr. Burke pointed out that the Cease and Desist says all work must stop, EXCEPT what is necessary to stop the sedimentation. March 16, 1981 -4- Regular Meeting Lakeside - continued Mr. Cyr stated that Mr. Turtle is anxious to finalize the road, and he is '~eeved" that it has taken so long. He doesn't think Mr. Turtle should be let off the hook so easily. He further said that the Planning Board should get together with the Board of Public Works to determine what effects this has had on the pond. In addition, he said "I want the PlanningBoard to back me up and not release any money." Member Hedstrom asked Mr. Gelinas if he had any comments at this time, and he replied that he was not authorized to speak about it tonight. Buddy further stated that he is holding ~13,000 on this subdivision. He has already done some emergency work and sent Mr. Tuttle a bill, which he did pay. ~4r. Hedstrom suggested re-opening the subdivision and re-evaluating everything, including the bond amounts, under Section 81 W, and told the Town Planner to draft a letter to Mr. Turtle, but to hold off on holding a public hearing. Mr. Roberts further instructed her to notify other town boards and ask for their input. LAKESIDE - Easement - Lot 6A~ Pleasant Street Susan St. Pierre explained to the Board that the easement was placed on the plan, but was never put in written form. Should be sent to Turtle for his signature. Board told her to send it to him. Note: Member Turano abstainedl GRk~OOD EAST Form It - Paul Hedstrom signed the Form H for Greenwood East, which was previously accepted but never signed. Correspondence - Mr. Turano read letters from the Fire Chief and Atty. James Hyde. Mrs. Joanne Devon, an abutter, expressed csncmrns about the erosion that is taking place. She also stated that she now has water in her celler. Mr. DiFruscio, 326 Chestnut Street, also voiced his concerns. He has lived there for four years and is now having underground seepage. He has written to the Conservation Commission. He stated that the ground has been altered and is has cost him money to correct. Mr. Busby, another abutter, also spoke about erosion and wants some measures taken. He stated that during the last rain storm, the water came down through a 10-12" culvert through the brook and the water was the color of coffee. At this point, Atty. Hyde spoke about the case he submitted to the Board - the same problem in Nantucket. The plan was approved and then the design was challenged. A mini subdivision was carved out of a subdivision. He also discussed the ability of the fire department to service the homes and again stated that three lots cannot be serviced by this one driveway. He reiterated that this situation is a violation of the Subdivision Rules and Regulations. March 16, 1981 -5- Regular Meeting Mr. Benjamin Osgood told the Board and the neighbors that he is trying to do everything that the town has asked. If the town and the abutters insist on three drivewa~vs, he will build them, but it will create a disaster. Member Hedstrem stated that he agrees that this is a mini subdivision, and as long as the developer is doing everything that the town Boards have asked, he is satisfied. Mr. Cyr added that when the work is completed, the problems of erosion and siltation should be resolved. Member Roberts suggested that the neighbors get together and present something in writing to the Board, ~nd told Mr. Osgoed that he.~hs~ a cemmittment to do the work properly to end these problems. In Further discussing the situation, Mr. Osgood told those present that he has some to an agreement with the ~ire Chief and the hydrant will be placed on the plan. Member Turano wants letters from town departments before the waiver is granted~ He also reminded the Board that the waiver request was withdrawn at a previous meeting. In further discussion, member Hedstrem told the neighbors that building permits cannot be issued on these lots. Town Planner St. Pierre disagreed and said they have already been issued. Motion: by ~. Roberts to continue the discussion until April 6, 1981. Second: by Mr. Burke Vote : Unanimous in favor of the motion. COMmeRCE PARK OF NORTH ANDOVER - Discussion Mr. John Callahan spoke. The petitioner is Mr. George Barker, who is proposing a sm~ll industrial subdivision on land opposite Western Electric on Route 125. The Board reviewed the plans. Mr. Callahan gave a history Of the land and presented an ingress/egress plan. He also talked about zoning lines and drainage. He has talked to the State about connecting two catch basins. Mr. Callahanfurther stated that "Industrial" has the greatest set back requirements. There will be a lot of "green". They propose to "break grade" and put in a retention pond and a jogging trail. Motion: by Mr. Burke to take under advisement the discussion of Commerce Park awaiting Further information from town boards. Second: by Mr. Roberts Vote : Unanimous in favor March 16, 1981 -6- Regular Meeting WINTER HILL ESTATES Mr. Turano read letters from Mr. Cardwell, a resident, and from Atty. Gaffney. Town PIanner St. Pierre told the Beard that they never followed up on the enforcement of Phase I. Mr. Cyr told the Board that he requested this item on the agenda. In his nine years as Highway Surveyor he has never seen anything like this. He would like to take Phase I now. He also said that he is of the opinion that the developer has gone bankrupt. He wants to find out who is responsibile for this subdivision and then have it completed in a professional manner. Mo%ion: by Mr. Roberts to nofify Town Counsel to investigate this matter and determine who owns the property, and instruct him to stuart proceedings to take the bend on Phase II. Second: by Mr. Burke Vote : Unanimous Mr. Cyr continued the discussion and told the Board that if these catch basins were located on a public way, the police department would notify him to secure them, and if he didn't, the town would be liable. The only difference is that this is a private way. However, it is still open to the public. This is a hazardous situation and he doesn't want to wait any longer. Buddy asked the Board if he has their authorization to contact the Police Chief to back him up and the Board replied - "yes." Member Hedstrom said that the Board will get the bond on Phase I on Thursday. In addition, they will find out who the legal owner is and demand sn immediate response. GILMAN LANE - Discqssion with Mr. P. Cone - contineud until April 6. JETWOOD ~TR~ - Discussion with Mr. M. Failla Mr. Failla was present and told the Board that a duplex is being constructed on Jetwood Street, which is not an accepted road. The builder, Mr. Mike Nicolosi, is building the house for his son. The problem is that it is creating a run-off problem for him. He is concerned that nobody seems to have control over what is going on. He also believes that there are wetlands and that the Conservation Commission should be notified. Mr. Cyr told the Board that this is the same situation he has with p~per streets, and he has been through this over and over. Town Counsel s~ys that the Building Inspector cannot withhold the building permit, because you ca,not deny semeon~ the right to build on his land. He has had 24 people come in over the last few years inquiring about Jetwood Street. The Board of Public Works said they would go along with him and not install sewer and water until the road was accepted. He said he h~s no juristiction until it is brought in as a subdivision. Member Roberts instructed the Town Planner to notify Town Counsel that a duplex is being constructed and also notify Con. Com. that there is a possible violation. He also told Mr. Failla that he probably needs an attorney. Mr. ~ailla agreed March 16, 1981 -7- RegUlar Meeting Jetwood St. - continued but said he wanted to go on record as having reported this problem. He also stated that the fire trucks cannot turn around and he took the Building Inspector down to show him the run off problem. Member Hedstrom said that we have to turn to Town Counsel. He has taken the position that we do not have juristiction over single family homes, but this is a duplex. Mr. Failla asked the Board - "When does it stop being a paper street?" Mr. Roberts replied "at town meeting." It was verb~l~ly ~Ereed to by Mr. F~illa and the Board to continue this discussion at the next meeting. Note: Mr. ~nd Mrs. Saleme, Mablin Ave., were also present for ~his discussion. CORRESPOND~CE - TOWN COUNSEL Fees - Town Planner St. Pierre gave the Board an explanation - the Board can initiate users fees for the Planning Board -~T~bled discussion for later date. Willows Industrial Park - Release of Lot D - Town Counsel said O.K. to release and sign form. Advisor~ Board - Do they have authority to recommend on zoning articles - Town Counsel said "Yes." Will send copies of all legal notices for articles for Town Meeting to Advisory Board. RE-ORGANIZATION Chairman: Motion: by Mr. Burke to elect Mr. Hedstrom Second: by Mr. Nitzsche Vote : Unanimous -Mr. Hedstrom elected Chairman Vice-Chairman Motion: Second: Vote : Clerk Motion: Second: Vote : by Mr. Nitsche to elect Mr. Roberts by Mr. Burke Unanimous -Mr. Roberts elected Vice-Chairman by Mr. Roberts to elect Mr. Turano by Mr. Burke Unanimous - Mr. Turano elected Clerk March 16,' 1981 -8- Regular Meeting Re-Organization - continued Nerrim~ck Valle,y Planning Commission Notion: Sec ond: Vote : Subdivision Control Committee by Mr. Roberts to elect Mr. Nitzsche by Mr. Burke Uns~uimous - Mr. Nitzsche elected to serve on M.V.P.C. Motion: by Mr. Nitzsche that all members of the Board serve Second: by Mr. Turano Vote : Unanimous BOARD OF APPEALS - Decisions - Read and On file AMENDMENTS TO RULES ~AND REGULATIONS - Tabled earlier - re-schedule for April 6, 1981. TOWN ~EETING ARTICLES - Tabled earlier - set up for April 6, 13, 20 - advertise legal notices. Motion: by Mr. Roberts to advertise in the North Andover Citizen Second: by Vote : Unanimous MISCELLANEOUS - The Town Planner and the Secretary informed the Board that they will not be at Town Meeting - Town Planner will be attending a conference in Boston and the Secretary has a personal commitment. Mrs. Gilda Blackstock, forme~ secretary to the Board, will cover at Town Meeting - O. K. with Board. The meeting adjourned at 11:10 p.m. Paul A. Hedstrom, Ch~irm~n Jean E. White, Secretary