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HomeMy WebLinkAbout1982-09-27September 27, 1982 Regular Meeting The Planning Board held a regular meeting on Monday evening, Sep- tember 27, 1982 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: Paul A. Hedstrom, Chair- man; Michael P. Roberts, Vice-Chairman; Walter R. McDonough, Clerk; Erich W. Nitzsche; and John J. Burke, who arrived late. Town Planner Karen Pomroy and Highway Surveyor William Cyr were also present. PLANS NOT REQ.UIRING APPROVAL Sheila Polli Haymeadow Road No one was present representing the applicant. This is a change in a lot line because an addition was constructed too close to the lot line. Town Planner Pomroy told the Board that the applicant never provided a certified plot plan to the Building Inspector. MOTION: by Mr. Roberts that the plan be rejected due to insufficient information on the plan and.because it does not comply with the Planning Board's Rules and Regulations. SECOND: VOTE : by Mr. McDonough Unanimous - motion carries Richard Beattie - Forest Street Mr. and Mrs. Beattiewere present and explained that there is an "Old Forest Street" The county abandoned a section of the road to straighten it out. The Beattie's are looking for frontage to make a buildable lot, and they need a portion of Old Forest St. Town Planner Pomroy explaied that there is an exception in the Zoning By Law which states "The residential lot areas and frontages above required and listed in Table 2 shall not apply in any resi- dence district to any lot of less area or less frontage than above required if such lot be not adjoined by other land of the same owner, available for combination with or use in connection with such lot, provided that the applicant for a building permit on any such lot shall show by citations from the Essex County Registry of Deeds incorporated in or attached to such application that such lot was lawfully laid out and duly recorded by plan or deed prior to Jan- uary 9, 1957 and provided that on such a lot there shall be kept open and not built upon a front yard and a rear yard each not less than 20 feet deep, and two side yards, each not less than 12 feet wide; and further provided, that such lot shall have a minimum street frontage of 50 feet and a mimimum lot area of 5,000 square feet." September 27, 1982 -2- Regular Meeting Beattie - Form A - continued Chairman Hedstrom told the applicant that he is before the wrong Board. He feels that the applicant should be applying for a variance before the Board of Appeals. Member Nitzsche disagreed and feels that the Planning Board should endorse the plan in order to have a plan on record. Highway Surveyor Cyr added that one of the best services we have available to us is the Office of the Essex County Engineers and we should ask for a determination from them. Note: Member Burke arrived here. MOTION: by Mr. Roberts that per the request of the applicant, the Planning Board accept the withdrawal without predjudice for a possible re-submission at a later date. SECOND: by Mr. McDonough VOTE : Unanimous - motion carries. Scott Follansbee - Salem Street Mr. Follansbee was present. The old lot line represents a line that Arthur Kalo§ianis set up. The septic systems were put in at the corners of the lots. Somewhere along the line> a Form A plan was generated but was apparently lost and never recorded. Secretary's Note - No record of this plan could be found in the Planning Board Office, the Town Clerk's Office, or in Planning Board minutes. It appears that the Form A plan was never before the Planning Board. Mr. Follansbee further stated that the lot lines were created in the field prior to construction. Both houses are under agreement. S.B. Homes owns Lot AA and Jay Philbin and Scott Follansbee own the other. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass~ prepared f~r S.B. Homes, Inc, and dated September 23, 1982 be approved under Subdivision Control Law Not Required subject go the submission of certified copies of plot plans to the Planning Board by the applicant. SECOND: by Mr. McDonough VOTE : Unanimous - motion carries. September 27, 1982 -3~ Regular Meeting Form A's continued Ro§er Richards Carlton Lane No forms submitted. MOTION: by Mr. Roberts that the Planning Board accept the appli- cant's request to withdraw the plan without predjudice for a future submission. SECOND: by Mr. Burke VOTE : Unanimous - motion carries. OTHER BUSINESS Bear Hill Deiynitive Subdivision - Discussion with BPW Per Town Planner -The 'order o.f conditions will be corrected so that No, 9 (c) will be a 12" water main rather than an 8" main and No. 9 (1) will be a 12" sewer main rather than an 8" main. Also, the developer will supply the backhoe. No. 9 (b) will De settled in~house by the Planner and the BPW. Robert Forget - Special Permit - Watershed - Decision Mr. Joseph Cushing, project engineer, was present. Mr. Cushing informed the Board that his crew found out that at the crown of the road (Dale Street), the elevation is 170.1 and not the 169.0 as previously stated. The plan will need to be revised to insure that there is no filling below contour 170, which should satisfy both the Planning Board and the Conservation Commission. The filling which is incidental for the development of the sewer line will be developed as compensatory storage above 170.0. MOTION: by Mr. Nitzsche that the Planning Board deny the request for a Special Permit by Robert Forget on the application before the Planning Board for land on Salem Street, Dale Street, and Marbleridge Road for the reason that the plan does not depict conditions that actually exist on the ground and any order of conditions rendered by the Board' tonight would have to be so drastically changed that a decision is not possible from the plans before the Board. SECOND: by Mr. Roberts DISCUSSION Mr. Cushing emphasized that the plans can be revised September 27, 1982 -4- Regular Meeting Robert Fg~get - Special Permit - continued to show that there will be no filling below the 170 co~tour. The changes can be satisfied by moving the contours out. To suggest that this kind of increase in runoff is going to be so significant to require a denial seems to place an undue burden on the applicant. In addition, cellar floor elevations will have to be raised. Mr. Rene Fugere presented pictures of flooding in the area to the Board. Member Nitzsche felt that the flooding came from Mr. Forget's property but Mr. Cushing disagreed stating that it comes from a blocked culvert. Mr. Cushing also pointed out that condition #8 in the drafted decision should be 172, and increasing the storage at the triangle is no problem. Member Nitzsche felt that this is a storage area for flood flow. Highway Surveyor Cyr said, however, that there is no back-up there there is not much of a problem on Marbleridge Road, but that a drainage pr66]em is being created. He feels it is extremely important that we obtain the easements so that'we can clean and protect the existing drainage. Town Planner Pomroy raised the question of reducing the number of lots and Mr. Cushing sa~d that the applicant would NOT reduce the number of lots, nor would he increase the rate of runoff or change the flood storage characteristics of the site. Notes: Member Nitzsche stated that the elevations along Dale Street and Marbleridge Road are not on the plan and Highway Surveyor Cyr stated that the driveway entry as shown on the plan for the lot near the stop sign is not acceptable and will have to be changed. Mr. Roberts withdrew his second and the motion to deny the Special Permit failed for lack of a second. MOTION: SECOND: VOTE : by Mr. Roberts to take the application of Robert Forget requesting a Special Permit under advisement to better understand the information submitted and request additional information to be discussed at the second meeting of October. by Mr. McDonough In favor - 3 (Roberts, Burke, McDonough) Opposed - I (Nitzsche) Motion carries. September 27, 1982 -5- Regular Meeting Ingalls Crossing ~I~Z ~ Town Planner Pomroy said that on Laconia Circle she believes it has been cleared and would like the Planning Board to recommend that the binder coat be applied because it is unattractive. Scott Follansbee stated that the subdivision in question should be Ingalls Crossing I {completion date October, 1980). This sub- division as it was submitted shows the elevation of the paved turn- around and a lowering of the grade and at the time it seemed advisable not to finish the turnaround. As a result of a title problem, it is in the courts. No work will be done in the sub- division any sooner than next year. Arthur Kalogianis of Olympic Construction is the person to contact to do the work. The Board instructed the Planner to forward a letter to Mr. Kalo- gianis asking him to attend the next meeting. Also, the developers of Greenwood East and Carlton Farms East will be asked to attend the next meeting to discuss these two subdivisions. Minutes - August 2, 1982; August 23, 1~82; September 13, 1982 ~OTION: SECOND: VOTE : by Mr. Burke to accept as written. by Mr. Roberts In favor 3 (Burke, Roberts, McDonough) Opposed I (Nitzsche) Motion carries. The meeting adjourned at 9:30 p.m. Paul A. Hedstrom, Chairman Jean E. White, Secretary