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HomeMy WebLinkAbout1982-12-06December 6, 1982 Regular Meeting The Planning Board held a regular meeting on Monday evening, De- cember 6, 1982 at 7:30 p.m. in the Town Offi-ce Meeting Room with the following members present and voting: Michael P. Roberts, Vice Chairman; John J. Burke; Erich W. Nitzsche; and Paul A. Hed- strom, who arrived late. Town Planner Karen Pomroy and Highway Surveyor William Cyr, who arrived late, were also present. PLANS NOT REQUIRING APPROVAL Nap~li, Louis Inglewood Street A variance was recently granted by the Board of Appeals to create two undersized lots. The Planning Board's endorsement is also needed on the plan. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Louis and Lucille Napoli, dated Septem- ber 16, 1982 be approved under Subdivision Control Law Not Required. SECOND: by Mr. Nitzsche VOTE : Unanimous motion carries. Mandry, Mar~y Ann - Moll Town Road The purpose of this plan is to section off Lot 1 from Lot 2 and create one lot. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Mary Ann Mandry, dated September, 1982, be approved under Subdivision Control Law not Required. SECOND: by Mr. Nitzsche VOTE : Unanimous motion carries. Lacaillade, Helen Turnpike Street The plan needs two addtional names as owners. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Helen Lacaillade and others, dated Novem- ber 22, 1982, be approved under Subdivision Control Law Not Required subject to the two additional owners being noted on the plan. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carr~e~. December 6, 1982 -2- Regular Meeting OTHER BUSINESS Discussion with Mr. Robert Regan Willow Street Mr. Regan was present and told the Board that while he is in favor of the development of the 61 acres on Willow Street~ which are being developed as Form A lots, there are a couple of items which~need to be corrected. He has a question on the shoulders they are only six to seven feet away from the stone walls. He had to maintain five feet of shoulder with a minimum of a 3 to I slope. The present road is installed in such a way that it will have a'2 to I slope. The road is very high and it looks "strange" because it sits above the stone walls. Mr. Regan presented some pictures taken today of the road. He stated that good engineering reasoning has not been followed and the road should not be that high. It has resulted in a very high grade relative to his property. He believes that engineering plans should have been reviewed before the road was constructed, Mr. Regan further stated that he is afraid of problems in the area in the future. The Highway Surveyor had requested that the developer install two catch basins and tie into Mr. Regan's drainags system, but instead it drains into Wetland #7. The Conservation Commission has been notified and he wants to make sure that everyone is aware of what is going on. Member Burke suggested that the Highway Surveyor be contacted and ~et in touch with the developer and find out w~y the road is being constructed like it is. Mr. Benjamin Osgood, the developer, responded that he is getting ready to do a subdivision on the remainder of the property. He stated that he would like to get together with the Planning Board and the Conservation Commission before he proceeds. Mr. Regan asked Mr. Osgood to keep all town board informed as work proceeds. A meeting was then scheduled for Wednesday, December 15, 1982 in- volving the Conservation Commission, the Planning Board~ the developer, and Mr. Regan's partner, Mr. Gras~o, to discuss this ~portion of Willow Street. Tamarack Lane Preliminary Subdivision Plan Submittal The Board set their discussion date for January 3, 1983 .and the site walk for Saturday, December 11, 1982. Note: Chairman Hedstrom arrived here and V~¢e Chairman Roberts passed the chair. December 6, 1982 -3- Regular Meeting Abbott MeadoWs - Release Request Member Nitzsche stated that he wants to review the subdivision in the field before a decision on the release is made. MOTION: by Mr. Nitzsche that the Planning Board take the Abbott Meadows subdivision under consideration until the next meeting for the purpose of reviewing field conditions with the Highway Surveyor and the submittal by the app- licant for an extension to the covenant in releasing lots 1, 2, and 3, leaving lot 4. SECOND: by Mr. Roberts VOTE : Unanimous motion carries. Ingalls Crossing II - ReQuest to extend the completion date. Tabled Ingalls Crossing - Request for bond release Tabled Trafalgar Estates - Request for release Mr. Ambrose Flatley was present. Letters from the Highway Surveyor, the Board of Public Works, and the Conservation Commission were read and placed on file. MOTION: by Mr. Burke that $83,000.00 be released per the Highway Surveyor's recommendation and $74,250.00 be released per the recommendation of the Board of Public Works. MOTION WITHDRAWN A discussion followed because the letter from the Co~. Com. addressed the drainage in the subdivision. Mr. Galvagna, Chairman of the Con. Com. stated that the problem is out of the Con. Com.'s jurisdiction. Mr. Flately stated that the elevation is different and some places are a little flatter. There was an old plan which corresponded with what they put in and it connected to a manhole at Berkeley Street. MOTION: by Mr. Roberts that the Planning Board inform Mr. Flately that the Board of Public Works is recommending a $74,250.00 release for work which has been completed and the Highway Surveyor is recommending $83,000.00 for work completed and requests that new Letters of Credit be submitted to the Planning Board. SECOND: by Mr. Burke VOTE : Unanimous - motion carrdes December 6, 1982 -4- Regular Meeting Trafalgar Estates - Review of Letter of Credit #350 It has been brought to the Planning Board's attention that'Letter of Credit #350, representing Phases I and II, will expire on December 23, 2982. The Board directed Mr. Flatley to submit a replacement Letter of Credit for Phases I and II. Raleigh Tavern Lame - Request for bond release A letter from the Board of Public Works was read and placed on file. MOTION: SECOND: VOTE : by Mr. Burke that the Planning Board release the remaining $2,000.00 held by the Board of Public Works. by Mr. Roberts. Unanimous motion carries. Gilman Lane MOTION: SECOND: VOTE : Request to extend the completion date by Mr. Burke to extend the completion date of the Gilman Lane Subdivision to June 30, 1983. by Mr. Nitzsche Unanimous - motion carries. Robert Forget Special Permit Watershed Decision MOTION: by Mr. Nitzsche that the North Andover Planning Board grant the Special Permit, subject to the following condi- tions: The decision of the Board is hereby .made part o.f these minutes. SECOND: by Mr. Burke Discussion Chairman Hedstrom stated that he wants the lot on which the existing dwelling is to be taken off the plan. Attorney Phillip Arsenault agrued that there is a change being proposed for that lot (sewer). Project engineer Joseph Cushing had a problem with the emenities - he thinks they are unfair. On the trees, it is too expensivel At least a 30' easement will have to be given to the town. He also disagreed with the 6" trees ~ they are too small. VOTE : Unanimous motion carries. Note: Highway Surveyor William Cyr arrived here. December 6, 1982 -5- Regular Meeting Ingalls Crossing -Release request No recommendation has been received from the Highway Surveyor. Mr. Cyr reported verbally that work is being done. The circle is 30' short. MOTION: by Mr. Burke that, subject to the Highway Surveyor's inspection and formal notification, the Planning Board will release the amount set forth in the Highway Sur- veyor's letter. SECOND: by Mr. Roberts VOTE : Unanimous - motion carries. Prescott Village review of completion date and bond amount The Board instructed the Town Planner to review the file with the Andover Savings Bank. Ingalls Crossing II Request to extend the completion date MOTION: by Mr. Burke to extend the completion date to September 1, 1983, subject to the Highway Surveyor's review of the bond amount being held. SECOND: by Mr. Roberts VOTE : Unanimous.- motion carries. Hardtcourt Estates - Request to extend the complet$on date Mr. Cyr told the Board that he is "fed up" with this subdivision and recommended no extension. He reported that. the six items which were requested of the developer in November have not been completed. He had a situation last year when there were one or two instances on the portion of Bonny Lane at the cul-de-sac where it was covered with 16" of ice. He stated that the Highway Department will NOT go in and bail it out. The developer, V. Scott Follansbee, responded that there was con- struction going on. As it got later in the season, the dirt was all over the road. It is all landscaped and the road has been swept. There was a lot of rain after it was swept. The water all drains to the catch basins. Cyr added that there are 4' sumps in the basins to accomodate more siltation and road wash, which is a foot and a half more than is required. He finds it inexcusable that the work is not done. Mr. Cyr further stated that only two hours of street sweeping have been done and Mr. Follansbee disagreed. December 6, 1982 -6- Regular Meeting Hardtcourt Estates continued Member Roberts then referred to a letter (list) dated October 27, 1982 from the Highway Surveyor in which he listed the items re- maining to be completed and the appropriate dollar amounts for each item. Mr. Roberts went through the list and questioned Mr. Follansbee as to whether the items have been completed. The response from Mr. Follansbee was that most have not been completed, a few have been completed, and a few have been partially completed. Chairman Hedstrom added that he visited the site and found that most of the items had not been completed. MOTION: by Mr. Roberts that, as outlined in the Highway Surveyor's letter of October 4, 1982, the bond be enforced on the Hardtcourt Estates Subdivision, with notification sent to Town Counsel, and inform the developer that his request for an extension of the completion date is denied. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries Minutes - November 15, 1982 MOTION: by Mr. Nitzsche that the Planning Board minutes of 11/15/82 be accepted as written. SECOND: by Mr. Burke VOTE : Unanimous - motion carries Zoning By Law changes for Town Meeting The Chairman and the Town Planner will discuss. The meeting adjourned at 10:30 p.m. Paul A. Hedstrbm, Chairman J6an E. White, Secretary NOR'F!; TOWN OF NORTH 7~NDOVER HASSACHLTSETTS December 14, 1982 Mr. Daniel Long, Town Clerk Town Office Building North Andover, Mass. 01845 Re: Robert Forget Special Permit- Watershed District Dear Mr. Long: The North Andover Planning Board held a public hearing on Monday evening, September 13, ~982 in the Town Office Meeting Room upon the application of Robert Forget. The hearing was advertised in the North Andover Citizen on August 19 and 26, 1982 and all abut- ters were notified by certified mail. The following members were present and voting: Paul A. Heds~trom, Chairman~ John J. Burke; and Erich W. Nitzsche. The petitioner seeks a Special Permit under Section 4.133q Para- graphs 3 (c) and 3 (d) of the Zoning By Law so as to per~it the construction of four new dwellings and alteration to an existing dwelling with associated utilities located within one hundred (100) feet of a tributary to Lake Cochichewick and removal of vegetation within twenty five (25) feet of a tributary to Lake Cochichewick on lots of land located within the Watershed District and known as 280 Salem Street; Lot 2, South side of Dale Street; Lot 3, South side of Dale Street~ Lot 4, West side of Marbleridge Road~ and Lot 5, North side of Salem Street.. The site affected is located in the R-3 District, possessing an area of 3.72 acres with total frontage of 1,205 feet. The pro- posed dwellings will have the following dimensions; Lot . Lot # Frontage Froht Feet Deep Stories Ht./Ft. Lot I 210.49 40 30 2 ¢35 Lot 2 125.00 70 26 2 435 Lot 3 294.93 40 24 ~ (35 Lot 4 298.38 64 30 - (35 Lot 5 275.83 80 30 - ~35 Robert Forget Special Permit December 14, 1982 Page 2 N O,i,, i. . .,_'t/ER DFC Il t2 Mr. Joseph Cushing, project engineer, indicated the applicant intends to take the parcel and develop it for four additional house lots as shown on the plan dated May 4, 1982. A sewer line will be installed to connect to the five dwellings. ~The Board of Public Works has reviewed the plans and finds them acceptable and consistent with the 1972 Master Plan. Several abutters were present voicing concerns regarding the current water problem in the area. Mr. Forget testified through his counsel and engineer that the Conservation Commission has prohibited them to fill below elevation 169 feet. Any fill above 169 feet will have no affect on abutters' property; thus, increasing run-off will not occur. Per a request of the Highway Surveyor, the applicant agreed to provide drainage, easements for maintenance reasons which will ensure the proper flow of water. Upon a motion made by Mr. Nitzsche and seconded by Mr. Burke, the Board voted to grant the Special Permit subject to the following conditions, yDue to the extent of on site wetlands and to limit the potential downstream affects from development, the conditions address the safeguards deemed necessary to protect the neighborhood. Modify said plan to accomodate three (3) new buildable house lots (as opposed to the proposed four (4), which will ensure that the intensity of the proposed use will remain in.harmony with the general purpose and intent of the Wetland By Law, and will not pose an environmental threat to surrounding areas 2. Require the plans to be revised to mitigate the increased rate of run-off to zero (0). Provide compensating storage to account for all filling within the wetland as well as the increased rate of run-off from development. Compensating storage cannot be created below the existing 170.0 foot contour line. 3. Provide in satisfactory form a deed of easement or conservation restriction for all the area below the proposed 170 foot contour to insure that it will not be filled in the future. Said re- striction to be placed in the deed. No work will be allowed below the 170 foot contour line as it presently exists with the exception, of the sewer installation. Provide in satisfactory form a deed of utility easement to the Town of North Andover, Robert Forget Special Permit December 14, 1982 Page 3 Provide in satisfactory form a new plan for recording in the Registry of Deeds showing appropriate easements fully di- mentioned, including the privat~ sewer crossings. Provide invert elevations on the 30 inch drain crossing Salem Street. The North Andover Conservation Commission will be notified after erosion controls are installed for insurance of compliance prior to performing any work on the site. No finish floor will be set lower than elevation 172.5. Any disturbed or exposed earth to be left for more than two (2) months or over winter will be cleared of debris, loamed, and seeded. 10. Submit revised plans and drainage'calculations for approval by the Planning Board to insure strict compliance with the conditional approval. 11. Require an "AS BUILT" plan to be submitted for approval prior to the issuance of occupancy permits to be certified by a Registered Professional Engineer stating that the work per- formed is in compliance with the approved plans. 12. The Building Inspector will be notified that no Certificate of Occupancy will be issued on any of the dwellings ~thout the approval of the Planning Board. 13. No building permit will be issued until all work, including but not limited to, the compensating storage area and the water and sewer lines has been completed including final loaming and seeding. 14. Require that the proposed 170 foot contour line be staked out on the ground and notify the Planning Board for inspection. The 170 foot contour, stakes shall be maintained throughout all construction. 15. 16. 17. The area where fill is placed shall be delineated on the revised plan and staked out on site, including the sewer lines to show. actual work limit. The Planning Board shall inspect and improve this work prior to any work being performed. There will be no cutting of any trees outside the work limit. All trees (6 inch dbh) within ten (10) feet of the sewer and water services will be located and shown on the plans to in- sure that they are not cut. Robert Forget - Special Permit December 14, 1982 Page 4 lB. 19. 20. 21. 22. 23. Any and all trees cut outside the approved work limit will be replaced in accordance with the Planning Board's Rules and Regulations. ' Upon final grading, all disturbed areas will be covered with six (6} inches of loam and seeded. Any violation of these conditions shall render this Special Permit null and void, AlternativelY, the Planning Board may require the applicant to remove and/or restore any areas violated. In accordance with the Fire Department's letter dated Sep- tember 2, 1982, each lot owner will consult with said de- partment concerning the underground storage of fuel. A revised plan will be submitted to the Planning Board prior to any construction for review to insure such plan complies with this conditional approval. Any work required boy the Conservation Commission will be re- reviewed by the Pla'nning Board for strict compliance with the conditions of approval. The granting of said SPeciS1 Permit will in no way derogate from the intent and purpose of the North Andover Zoning By Law. Sincerely, PLANNING BOARD Paul A. Hedstrom, Chai rman PAH/hw CC Conservation Commission Board of Public Works Highway Surveyor Building Inspector Applicant Project Engineer