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HomeMy WebLinkAbout1981-04-13April 13, 1981 Regular Meeting The Planning Board held a meeting on Monday evening, April 13, lg81 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: Michael P. Roberts; John J. Burke; Erich Nitzsche; Vincent Turano, who arrived late; and Chairman Paul A. Hedstrom, who also arrived late. Town Planner Susan M. St. Pierre was also present, along with the Highway Surveyor. PLANS NOT REQUIRING APPROVAL John Warlick - Great Pond Road - Tabled as Mr. Hedstrom must sign - wait for Chairman to arrive. Scott Follansbee - Paddock Estates - Withdrawn by applicant without predjudice - put on agenda for April 23, lg81. Andrew Circle Realty Trust - Sharpner's Pond Road - Letters from the Fire Chief and the Highway Surveyor were read. Scott Follansbee was present and told the Board that each lot has adequate frontage and area. In response to a question about water, he told the Board that if he brought this plan in as a subdivision, there still would be a water problem. Motion: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Andrew Circle Realty Trust, dated March 16, 1981, be approved under Subdivision Control Law Not Required. Second: by Mr. Roberts Discussion: Member Nitzsche spoke in opposition. He thinks these are pork-chop lots and does not believe the best.interests of the town are being demonstrated with this plan. He believes that by bringing the plan in as a Form A, the applicants are avoiding the regulations placed on a subdivision. Member Burke said he agreed, but creating 13 lots is a lot better than 60 (if the plan were a subdivision, a possibility of 60 lots would be on it). Mr. John Tuttle asked to speak and told the Board that they are here to interpret and apply the present Rules and Regulations, and NOT to protect the public or have their best interests at heart. He said that there are no laws against this plan, pork chop or not! Member Roberts responded that the Board most certainly has the interests of the people of the town at heart. At this point, Town Planner St. Pierre reminded the Board that this matter was supposed to be tabled until Members Turano and Hedstrom arrived. April 13, 1981 2 Regular Meeting Mr. Burke withdrew his motion. Motion: by Mr. Nitzsche to take the matter under advisement. Second: by Mr. Burke Motion carries Patrio~ Re~ltyilT~us~ -.Lacy Street - Tabled R. Ciardiello - Martin Ave. Town Planner St. Pierre told the Board that one lot fronts on Bacon Ave., which is not a town way. Motion: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Crestwood Development Corp., dated March 27, 1981, be approved under Subdivision Control Law Not Required. Second: by Mr. Roberts Discussion: Member Nitzsche questioned endorsing a plan on a paper street. Vote: In favor: 2 (Burke and Roberts) Opposed : I (Nitzsche) The question arose as to whether the vote must be unanimous with three members voting. The Board decided to take this matter up when the Chairman arrives). H. Keller - Mill Road - Motion: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for H. Keller, dated April, 1981, be approved under Subdivision Control Law Not Required. Second: by Mr. Nitzsche Discussion: Mr. Nitzsche said that if this is a public way, it should be shown on the plan. Vote: Unanimous in favor of the motion. PUBLIC HEARINGS D. Connolly - Re-zone Turnpike Street - Article for Town Meeting Mr. Burke read the legal notice. Atty. Victor Hatem was present and told the Board members that Mr. and Mrs. Connolly have owned the pPoperty for approximately 14 years. April 13, 1981 3 Regular Meeting Connolly - continued. It is a family house, built by his grandfather. The dwelling is a two-family red brick structure with a small garage. The lot is approximately 150' x 250' and is directly across from the Lawrence Eagle Tribune. Atty. Hatem further informed the Board that the home is currently used as a real estate office, pursuant to the'Zoning By-Law allowing it. Mr. Connolly would like to locate his office in the home now (he is a stock broker). T, hey need the space for secretarial help, etc. There are other parcels in the B-4 zone - directly behind the property is 27 acres owned by Mr. Rogers of the Eagle Tribune, and on one side there is an office used by Mr. Mallen. For outside appearance, except for a small extension of the parking area and the addition of a sign., there will be no changes. Atty. Hatem added that they are asking for B-4 rather than B-2 as they are not looking for anything but professional offices. He stated that this change will not be a detriment to the neigh- borhood, and if denied, it will impose a severe hardship to the applicants. Member Nitzsche asked if the applicants live on the premises and about the structures behind the parcel in question. Atty. Hatem repsonded that the Connolly's do live on the property and will continue to live there and the land in the back is zoned "R" and is composed of paper streets. There was a proposed sub- division at one time for apartments, but they were never built. Motion: by Mr. Burke to take the matter under advisement. Second: by Mr. Nitzsche Motion carries. J. Gordon - Re-zone Turnpike Street - Article for Town Meeting Mr. Burke read the legal notice. Mr. James Gordon was present and told the Board that he would like to re-zone a parcel of land presently zoned R-3 on Turnpike Street to B-1. The lot is approximately 44,000 s.f. and the purpose is to allow the construction of an office building to house his accounting practice. April 13, 1981 4 Regular Meeting Gordon - continued He (Mr. Gordon) told the Board that his firm has been looking for office space in North Andover for some time and that they must vacate their present offices in Andover. He further stated that his accounting firm would not occupy the entire complex, but would be the major tenant. In response to a question from Member Nitzsche about "Spot zoning" Mr. Gordon said that "Yes, it is, because the parcel is surrounded by R-3, but I intend 'to build a 2-floor wood frame structure to blend in with the surrounding area." No one in the audience spoke either in favor or opposition to the request. Note: Chairman Hedstrom arrived here. Motion: by Mr. Roberts to take the matter under advisement. Second: by Mr. Burke Motion carries unanimously Harold McPhee - Re-Zone Browns Court Article for Town Meeting Mr. Burke read the legal notice. Attorney John J. Willis, Jr. represented the petitioner. Mr. McPhee was also present. The parcel of land is located on Browns Court and houses Ron's Lobster pool. The request is to re-zone from G-B to R-~. Attorney Willis stated that at the time of the general re-z6ning, certain parcels of land were kept G-B, because it was believed that these areas would always remain the same. However, the area between Merrimack and Water Streets is residential in character. Mr. McPhee owns the land with the store and the apartments on the corner, which he wishes to leave G-B. But there are three houses behind the lot which he would like to re-zone, allowing them to continue as residences and to conform. His intentions are to set them up on their own lots, but the first step is re-zoning, and then variances will be required. Speaking in favor of the petition were abutters Mr. Breen and Mr. Cronin. Member Hedstrom pointed out that the buildings are legally non- conforming and asked "Why not leave them alone?" Attorney Willis responded that if they were to burn down, they could not be re- built. Motion: by Mr. Roberts to take the matter under advisement. Second: by Mr. Burke Motion carries unanimously. April 13, 1981 5 Regular Meeting Frank Serio - Request for Re-Zoning Route 125 - Article for Town Meeting Withdrawn by the applicant. PLANS NOT REQUIRING APPROVAL Martin Avenue Crestwood Development Corp. Member Hedstrom pointed out errors on the plan. Motion: by Mr. Roberts that the Plan of Land located in North Andover, Mass. prepared for Crestwood Development Corporation, dated 3/27/81, be approved under Subdivision Control Law Not Required wit)t the following conditions: Lot 5 be shown as Lot SA, Lot 3A be shown as a single lot with a dotted line, and total area for Lot 3A be indicated as well as the existing structures on the plan. Second: by Mr. Burke Motion carries unanimously. ~c~ Street - Patriot Realty Trust Member Burke abstained. This was taken up last week and Member Hedstrom requested that all lot lines on the plan be shown and said he would not endorse a lot without frontage. The corrections have been made. Motion: by Mr. Roberts that the plan of land located in North A~dover, Mass. prepared~for Patriot Realty Trust, dated 4/3/81 and revised 4/8/B1, be approved under Subdivision Control Law Not Required. Second: by Mr. Nitzsche Motion carries unanimously. Andrew Circle Realty Trust Sharpner's Pond Road - Tabled earlier Mr. Scott Follansbee and his attorney, Reginald~Narden were present. They again testified that each lot has adequate frontage and area. There are approximately 90 acres with 13 house lots. Member Hedstrom asked "What is the distance to the street from the house located on Lot 9?" Mr. Follansbee responded that it is a long way, and Atty. Marden added that if this were a subdivision, the distance would be the same. Member Nitzsche said that he is concerned that the people living there will want the town to maintain the road. Mr, Follansbee responded "No, they will not." April 13, 1981 Regular Meeting Sharpn~r's Pond Road continued Atty. Marden stated that the exten~ of the development would be 13 lots. It is h~s understanding that the signing of this plan would not create a road. Mr. Follansbee added that he ~ould put a restriction on the land for 13 house lots. Member Hedstrom stated that he believes this is a subdivision and not a Form A, but he is willing to discuss some satisfactory form of restriction that would be in the best interests of the town and not the express interest of the developer. Member Nitzsche then stated that he also believes this is a sub- division and subject to the Subdivision Rules and Regulations. By creating easements, problems for the people who will be living there will be created, as they will expect town services, which they will not get~ Member Hedstrom then stated that if the Highway Surveyor thinks it is O.K., there might be some merit to approving this plan. Atty. Marden asked for approval as a Form A, but Mr. Hedstrom said he would not sign it in its ~resent form - not a Form A with a 2,700 foot drivewayi but if it is in the town's interest to limit a development, maybe it is the best way. Mr. Follansbee stated that a large portion of the lake located on the parcel was the object of a earth removal site for a number of years. The entire area has now been dredged out and one area'is open and treed There is a bond posted with the town to restore the land that has been worked back to a decent state. The bond is in the amount of $15,000. The pond could be the most aesthetic, area. The pond has been designed in such a way that the town has decided that there is an adequate water supply. Thirteen houses would have less of an effect than sixty. ']' ~ Town Planner St. Pierre asked Mr. Follansbee is he would deed the pond to the town. He responded that he has already discussed the matter with the Board of Public Works and told them he would. Member Hedstrom asked what Quality of road,the developer is talking about andMr. Follansbee answered that it would not meet the town's specifications. He further stated that he bas submitted the plan at this time because there is an article in the town meeting warrant to amend the zoning by, laws to state that one driveway~will service one lot and he is trying to obtain approval before the Town Meeting. Motion: by Mr. Nitzsche to disapprove the plan as a Form A because it is a subdivision. No second Motion fails. April 13, 1981 7 Regular Meeting Sharpner's Pond Road continued Member Hedstrom stated that he feels that putting a restriction on the land may solve the problems and accomplish the same end - he wants Tbwn Counsel's opinion. Note: Member Vincent Turano arrived here. Member Turano stated that he recommendends approval with safety restrictions. Member Nitzsche said he wants to see more work done on the p)an, and Mr. Follansbee stated that he has done considerable work on a conventional subdivision plan, with six lots questionalbe for building. Member Turano referred to a copy of a court case from Nantucket that appears to be similar to this one. He expressed fear that the fire department may not find a house. Mr. Follansbee presented a topol plan of the proposed driveways to give the Board a better idea of what he is trying to do. There are two common driveways shown on the plan. Town Planner St. Pierre raised the question of the fire department going to the wrong address and not being able to turn around. Mr. Follansbee responded that if the Planning Board wants 20 25 more feet, me will provide it. Member Hedstrom stated that he wants input from the Fire Chief and the Highway Surveyor before taking action on the Form A. Attorney Marden said he would grant an extension on the decision. Motion: Second: Vote: By Hr. Turano to extend the decision to the next meeting subject to receiving an opinion from Town Counsel. by Mr. Burke In favor: Roberts, Burke, Tumano Opposed : Nitzsche Motion carries. Note: Per a telephone conversation between the Town Planner and Town Counsel, it was decided that the Planning Board should render a decision within the fourteen day period and not table until the next scheduled meeting. See minutes of April 16, 1981 Emergency Meeting. April 13, 1981 -8- Regular Meeting LAKESIDE Update and Bond Release Member Turano abstained. John Tuttle present. Letters from Highway Surveyor and Board of Public Works read. Mr. Tuttle told the Board that now that"~he wea~h6'F pe'rm'itS, he is progressing the road is sub-grade. MOTION: by Mr. Roberts that per the Highway Surveyor's letter dated April 13, 1981, $20,'000.00 be released; and per the Board of Public Works letter dated April 13. 1981, $4,350.00 be released for a total of $24,350.00, with the amendment that if the Highway Surveyor authorizes another $4,000.00 verbally, such monies will also be released. Second: by Mr. Burke Authorization not given for additional $24,350.00 released. $4,000.00 Total of Motion carries unanimously. Mr. Tuttle informed the Board that the "Notice of Intent" was signed today. GREENWOOD EAST Waiver Mr. Paul Devon, 311 Chestnut Street, was present and told the Board that several problems could and do exist, and after re- viewing the conditions (of the waiver), he still has not received any specifics from the developer or the Board, ie., providing slope protection plan; retainer wall. Mr. Devon stated that it allows the developer to identify the problems but not how they will be taken care of. A letter from the Highway Surveyor dated April 13, 1981 was read, In his letter, ))r, Cyr questioned the legality of requiring a bond to be posted on Mr. DiFrusco's retaining wall. Mr. Cyr also stated verbally that because we areLholding $8,000.00, he has no problem with the bond. Mr. Jim Jones, 33 Greenwood East, spoke and asked about the overall pitch of the driveway and the steepness of the grade. Hedstrom replied that the Planning Board has no jurisdiction over driveway access. April 13, 1981 -9- Regular Meeting Greenwood East - continued Mr. Jones then raised the point that the situation is a hazard to children. The school bus makes a stop at the foot of the driveway and the residents are worried that if a car cannot stop coming down the hill in the winter months, a child could be harmed. Member Hedstrom replied that the issue is serious, but the Planning Board cannot do anything about the location of a driveway - what they are dealing with here is a developer who has agreed to do the work at his own risk - the Board cannot control the slepe of the grade because it is a driveway. Mr. Jones asked "Will the town eventually take over the responsibility of it?" Reply from Board - "No". The Chairman of the Board then instructed the secretary to draft a letter to Mr. Frederick Rex, Assistant Superintendent of Schools, to inquire about the possibility of re-locating the bus stop. Mr. Joseph DeFusco, 326 Chestnut Street, asked to speak, and reminded the Board that he is on record as being objective. He also wants to be on record concerning the waiver and said his is a civil action. Again, Chairman Hedstrom informed him that the Board has no jurisdiction over off-street activity or water flow. Mr. Devon spoke again and said these conditions were made by the abutters. He asked "Are we going to get a retainer wall or not? He (developer) should tell us what he is poing to do~" Member Nitzsche replied engineer." "he cannot answer he needs his Devon "I want answers from Benny Osgood1" (Osgood is the developer) Buddy Cyr "I think that the slope behind the transformer will need a retention, but the other side can be contained without extension retainer walls. Jones "What about next year when another slide comes down?" Buddy Cyr - "We will hold money to make sure that the condition is stabilized - we will insure that you are protected." ! April 13, 198~ 10 Regular Meeting Greenwood East continued Mr. Carl Pomeroy asked about future years and more storms. Buddy Cyr replied that hopefully, it will be up for adjudication and it will be maintained. MOTION: by Mr. Roberts to grant the Waiver of Strict Compliance for Greenwood East. NOTE: Copy of signed and notorized Waiver is attached to and made part of these minutes. SECOND: by Mr. Nitzsche DISCUSSION: Member Nitzsche remarked that if something does or does not happen, it could be used both for the benefit of Mr. Osgood and/or Mr. DiFusco. VOTE : Unanimous motion carries. After the vote was %aken, Mr. Osgood remarked "I am not living with the order of conditions! I am going in tomorrow morning and putting in three driveways. Take me to court!" GILMAN LANE Member Turano abstained. No reply received to date from Town Counsel. Town Planner St. Pierre gave the Board a history of what has transpired. MOTION: by Mr. Burke to ask the developer torsubmit a covenant. SECOND: by Mr. Roberts DISCUSSION: St. Pierre noted that there has been a change of conditions in the right-of-way. VOTE: Unanimous motion carries. After the vote was taken, Mr. Patrick Cone remarked that he has a problem because he has to pass on the property. The plan is signed and on record and the street in on the town map. NORTH ANDOVER HOUSING AUTHORITY Comprehensive Permit for Elderly/Handicapped project Member Turano asked if there will be adequate drainage on Waverly Road after viewing the plan. April 13, 198~ -11- Regular Meeting No. Andover Housing Authority continued MOTION: by Mr. Turano to recommend favorable action to the Board of Appeals for the granting of the Comprehensive Permit to the North Andover Housing Authority with the following conditions: 1. That the drainage be adequate on site with regards to coordination of drainage with the Highway Surveyor on Waverly Road. 2. The drainage plan meet the requirements of the High- way Surveyor. 3. Drainage calculations and plans be approved by Mr. Cyr and the Planning Board. Any drainage connection into town drainage would require written permission from the Highway Surveyor. SECOND: by )4r. Nitzsche VOTE : Unanimous - motion carries. A discuss}on followed about Belmont Street. (elderly housing) MOTION: by Mr. Turano that the Planning Board forward a letter to the Housing Authority requesting that they cooperate with Mr. Cyr on Belmont Street where the drainage connects to town drainage. SECOND: by Mr. Burke VOTE : Unanimous motion carries. LINCOLN GILES MOTION: SECOND: VOTE : RECOMHENDATION TO TOWN MEETING by Mr. Roberts to take under advisement until April 23, 1981. by Mr. Turano Uhanimous motion carries. WINTER HILL Mr. Cyr notified the Planning Board that Attorney Hatch told him that they (Andover Savings Bank) only needs written certification from the Planning Board. Chairman Hedstrom signed the letter. April 13, 1981 -12 - Regular Meeting HARDCOURT ESTATES Letter from Conservation Commission was read. Scott rollansbee remarked that the Order of Conditions generated by the State was very lengthY, and he and his engineer received conflictin~ copies. The meeting between Mr. Gelinas and the State took place after the catch basins were installed in the road. Mr. Gelinas agreed to come up with a design to incorporate it into the drainage before the final outflow to the lake. It has not been done to date. Susan St. Pierre referred to the judge's decision that said two houses can be built within 150' of the lake. MOTION: by Mr Turano that a letter be sent to the appropriate parties a~d to the engineer stating that when the issue of what method will be employed to trap oil and gas is resolved, notify the Planning Board. SECOND: by Mr. Roberts VOTE : Unanimous - motion carries. WILLOWS INDUSTRIAL PARK - Tabled DISCUSSION WITH HIGHWAY SURVEYOR - status of Greenwood West, Great Pond ~-~6-dland, Carleton Farms West Clerk read letter from Highway Surveyor on Bridle Path, Blueberry Hill and Cricket Lane. MOTION: by Hr. Turano to send copies of the Highway Surveyor's letters to the developers and submit As Built Plans and Acceptance Plans within 60 days. SECOND; by Hr. Burke VOTE : Unanimous - motion carries A discussion followed on differences between As Built Plans and Acceptance Plans. Scott Follansbee remarked that an Acceptance Plan is the physical lay-out of the road and is the same as the subdivision plan. Erich Nitzsche argued that an Acceptance Plan is just the street lines and easements and a deed for the road. WAIVE~ OF STRICT CO},~LIANCE The undersigned, .being a majority of the PLANNING BOARD C~ NORTH ANI~, here~ry grants a waiver from the strict compliance of Section II A of its Rules and Regulations Governing the Subdivision of Land to Lots ~A, 5B, and 6B of the Greenwood ~st Definitive ~ubdivision Plan, dated March 4, 1975 and revised Juue 16, 1975, recorded in the North E~ssex Registry of Deeds as Plan No. 7~0. Specifically, a waiver from %he ~requirement of one driveway shall service no more than one lot is hereby waived for Lots 4A, 5B, and 6B of said sub- division. Said waiver is granted pursuant to M.G.L. Chapter 41, Section 81-R and is subject to strict compliance with the following conditions: ® That all work shall Be in accordance with the revised driveway plan, ~hish shall be submitted 4o the Pla~g ~ard no later than MSy 22, 198~. Said plan shall show the follOWing topographic and con~tructien details: ~/ The width of the proposed driveway and dimensions of turning area. The location and ~levations of all proposed surface and subsurface drainage. c) Exact location and extent of the proposed .~u~.rd rail. d) Revised profile to show proper~ entrance in accord~u~¢ with the H~iCh',~, .f Surveyor's recommendations, if an alternate method is contemplated, show as an auxilary design. e) An additional s~W~nanhole shall be installed at Station 0+~0, approx- imately 22 feet right of the centerline of Greenwood East Lane. f) Water service connection sh~ll be provided to each lot and shall be shown on revised plan. Said driveway shall be wider~ed as per 'Fire Chief's letter of April and as shown on Plan, dated T~elm~u~ry ~1, 198~ and revised An additional hydrant shall Be inst'aIIed a~ the intersection of said drive- wa~y and Greenwood F~st Lane. e A driveway opening permit shall be obtained from the Highway Surveyor. Show all proposed utilities and sizes of electric, gas, water, sewer, ~n.d drain in ~ccordance with Department of Public Works and Fire Department request, including services to dwellings and location of dwellings. The Highway ~partment be allowed to make changes in the field reg-~rdin~ the project as it deems necessary. All work shall start immediately and binder coat shall be applied no than June 15, 1981. Upon completion of said work, the ~oplioant shall request a letter of compliance from the Planning Board, and the following shall be included in said request: 'WAIVER OF STRICT COMPLIANCE a) An Easement Plan of said driveway for recording at the Registry of Deeds. - b) A letter from %he E~gineef ~ho' prepared said plan stating that work has been done in accordance with plan. c) A letter from %he Fire Chi adegu~te fire protection can be supplied Ail work in the above stated conditions. Any deviation or n~n oompliance shall result in a withdrawal of. this waiver. Majority of %he Planning Board of the Town of North Andover COMMONWEALTH OF MASSACHUSE~S ~ ~ , 1981 Essex, Then personally appeared~~'~''~O-~ ~' ~-~e[Or$one of the above named members of the Planning Board of the TOwn of North Andover, Massachusetts and acknowledged the foregoing instr~ent to be the free act and deed of said Planning Board, before me, Notary Publi~ ~y Commission ~wqpires: tl/c~/ ~