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HomeMy WebLinkAbout1976-02-17abtne1~level ~ House news conference yesterday after- the commission. streamliu~ and publish ev~ 12,000 pages of reg~la~ co~,tained in ~'-~ ~;~ and, often duplicate; ~:~ed by th~ commts~o~n s r dbridg d Ridg s°m oo e'Woo e confuses esidents of W0odbridge In other Planning Board and Pie=at St, ia.~ off Greene St want the business the board voted to lots. Jolm Turtle change the name of the main street in the Waverly Rd. development to avoid con- fusion with their street, The main street at the Archdiocese's new Waverly Rd. townhouse complex has been named ",Wood Ridge Rd." after the name of the · development itself. HoWever, that name has not yet been-hpproved by the Planning Board. Elaine and David War- wick, 43 Woodbridge Rd.. are very concerned the two street names will easily be confused at the height of an emergency such as a fire or heart attack. They presented the Planning Board Tuesday night with a petition with 22 signatures asking for another street name at the new development. The Planning Board readily agreed that eon- fusion could arise over the . two almost identical names. Board Chairman William Chepulis said-he would advise the ,M'ehclieeese th& Catholic Archdiocese to approve the following: developer. --a modification in the roadway and the release of $18.000 in bond money for water installation in the Quail Run development off Chestnut St. --a revised profile for Deermeadow Rd. and the release of $15,000 in bond money for roadway eon- struction in Winter Hill ,Estat~ off Winter Sr. Ap- proval of the release of an additional $t8,000 m bond money for highway im- provements ~or the first 1300 feet of Haymeadow Farms in the same area was delayed until the total bond amoum ~s clarified. --changes already built iflto grades, design and drainage ~n Paddock Estates although lhghway Surveyor William ^. Cyr objected to the developer. Scott Follansby, completing rewsed plans before he or the Planning Board gave approval. The completion date was set for November I. 19110. name "Wood Ridge" must --approval was given, be changed and a new name although not required, lor in Campion sire plans By Keith Holden Eagle-Trlbmie Writer The Campion Hall site, and the Hardtcourt Estates development proposed ~or that area of rqorth Andover, are back in the news. The Conservation Commission met with the development's engineer, Frank Oelinas. Mon- day night. At that time. they redommended siiutificunt chau41es to the development plans. In an interview yesterday, the engineer* said that his feelings abet[t the recommended- changes were not important. "How my clieat (Hardtcourt Estate owner John Warlick) feels is what matters," he said. Warlick and Gelinas were to meet today to review what the engineer called "significant alterations" in the plans. The alterations included adding more drainage points, cutting down cn the number of house lots and shortening a proposed road. If the recommended changes were made. Gelinas was told by the commissioners, they would review the plans again. However, the commissioners gave no guarantee of how the Aside from other controv~sies, the Hardt- court Estates had previously been reviewed and found "totally anacceptabl,e" by the com- mission. Gelinas said. That ruling was appealed to the state by the Hardtcourt group but they were sent back to the committee to see if a solution qould be reached. Hence, the Mouda!/night meeting was held. Over the past iow years, the stermy career 'of the development has included legal action taken against the Planning Board and citizens' petitions for the town to take owr tim Camp- ion Hall site, Now, howe~m', the develupment is increas- ing i~s ch~ces.of clenring the hst town houri itmust faee. "TI~ Coaservatio~ ~ttee was very candid," fiali~s saii].' Taut was very ~ ful." He ~ that ~l~ c0,ii,,'dtsiouers Ikid o~ in englnei~'i~ t~m~: thor objections to ~ ,as m, the Consecva~ flommissiou didu't usei~-cimical lar4vagee ' ~whatth~plausae~'~d,l~sald, .~. i · lw~rkwi~." - ; --- North Andier called for a three-point dischar~ut the Highway SurveyOr directed,him t~ a con- tinuous (~ae-point) system. In addition, the commission su{{ted two lots not be built on. ' Finally, they said that the roa~ght en- croach ou wetlands. For {his reason. Gelinas said, tlmmmis- sioners recommended the road b~rtened by about 20(] feet. "They feel the cul-de-sac,? iui~sitive location," the &ngineer said. Tbe~mt us to sU)p the road before it gets into,*tutary plant area." Stat~tary plants are the basis bleii wet- lands are legally defined. Basicalt!etland is anywhere certain acquatic plants grow.'. These plants led to a disagreement at the meeting between Turano and Geiinas. "You're filling in those wetlands," Turanc said. "That's a very tough issue." "No. we're removing the plants," Gelinas replied. He noted that developers wanted to replace the swamp growth withgrass, to make the area more attractive to buyers. The meeting, attended by a few intet;ested people, lasted for more than two hours. Should the plans clear the Conservation Commission. Gelinas said. it would pass the last'town board. "That's the last judgementai process," he said. Remaining to be obtained would be a series of permits, he said. including a buiRiing per- mit and a Board of Health sewer permit. He did not speculate on how Warlick, I{is client, weald react to the rec~maneuded But not full sanitary engineer "Planner paid, given expanded job Susan M. St. Pierre, can convince the advisory (Dtwing such a test an listing servicss "in the area Peabody, will retain her 12- board the consultant's engineer is required' to of sanitary engineer." week ~ob as Town Planner- Sanitary Engineer and will -be paid for her work. However. she will be assigned only a portion of the sanitary engineer~g duties and a registered professional engineer will continue on the Board of Health staff at $10 per hour. Apparently. the consultant engineer will conduct the 175 percolation tests that have been requested by builders in order to receive septic system permits. The compromise to keep beth St. Pierre and the consultant engineer was reached Monday after a 45 minute executive session at th~ selectmen's meeting with the three-member Board of Health and the five- member Planning Board. The a~roement ~epeods on approval from the Advisory ~u'd to cont~ue to par tbe en. gineer cousu~tent fro~ a special fund.- The town's finance authority was not' eansulte~ when the com- promise was reached services are st/Il needed. When the Beard of Health agreed to call St. Pierre its sanitary engineer and assign her a portion of the duties, the selectmen decided to begin paying her. However, they refused to pay her for her first seven weeks and instead called for a special town meeting to approve those earlier pay checks. St. Pierre has been working for the town for seven weeks without pay because the Board of Health claimed she was not qualified to perform sanitary engineering duties'. She is not qualified because she does not hold an engineering degree, the health board claimed. Instead the board was continuing to hir~ consultant Thomas Murphy, Beacon Hill Blvd., a registered professional engineer, to perform sanitary engineer duties, and the selectmen then refused to pay St. Pierre. The Beard of Health has issued a list of duties St. Pierre will perform but the Ii,st does not. include septic record the time it takes, for water to drain into the ground in a hole. dug at the site of a new house. The test is a measure of whether soils are capable of accepting leaching water from the proposed septic system ~o operate efficiently.) The letter skirts the issue whether she will he cailod "sanitary engineer" by Board of Health .Chairman Dr. Julius Kay refused to discuss whether or not St. Pierre would run pereniation tests instead pointin~ to the lettar of agreement which does not include the test among the duties listed. However, Planning Beahi Chairman William Chepulis said it was his understanding planning By Kathy Brown Eagle-Tribone Writer NORTH ANDOVER -- An article seek- lng a separation of the dual position of town planner/sanitary engineer will be brought to the townspeople at the May 29 town meeting, Although an identical article was de- feated at a special town meeting in De- cember when the Advisory Board was split on its recomme,r~lation, it now has the backing of the enti~:e AdVisory Board. Article 46 asks the town to appropriate $16.1g)0 to create a position of full-time town planner. Currently, the position held by Susan St. Pierre is a dual position of town plan- nor/sanitary ongineer, and it serves both PREVIEW OF TOWN MEETING time in a position she is not trained for and only one-quarter of her time in her field of expertise. It is hard if not impossible, t~ find a person trained in both fields, and both the Planning Board and the Board of Health health job have argued that the two positions are bad merger. Both William Salemme, past Pta~l#~ Board chairman, and Chebulis ~y_ town needs an expert to protect its ests. uPdate the mastorbuildiag develop cluster ~oning and plarme~ ~1~ development. They are also c01tcerned about hating conservation and historical ration efforts throughout the town: No request has been made Board of Health for a separate ~ engineer's position ~hroagh a tov(t lng warrant article. ~he plan~er is a qualified plmm~;~l~ not:a sanitaiT ~gineer. .~ That caused dissension between the Board of Health and the Planning Board. The Advisory Board refused to,~ tinue to pay a consultant to do the board's tests sinoe the position was fit~l, but solee~ea re[used to pay the plaanor because she did not fit the dual job ~ scription. Although training Miss St. Pierre to 40 some of the Board of Health's tests temporarily solved the salary problem, Planning Board members still believe ~ town needs a foil-time planner. Seleetmm agree. the town for back wages, Warlick, has sued the board waiting the outcome of the special town meeting. That.meeting was set for 7:15 p:m. Tuesday, May 29, just ahead of the regular Town Meeting the ~me night. She also said she will not file the sex discrimination suit she had considered of health for $3.1 million over septic system installation restrictions on his property. St. Pierre was hired 5y the P~anning Board for the joint job to fill a Vacancy created when the first person to hold the position, Leonard Phillips, left the job in August. Phillips did not hold wa- ~il~ · ~h~'ee rcqdents anhoyed By Caroline L. Cole and Suzanne M. Robinson Residents Of Bridle Path, Brentwnod Circle and Timber Lane have lost their e~furt to keep their never subdivisions dead-end "semi-private" streets. And several residents of · the $120,000 homes are angry with thee North Andover Planning Board because they feel they have been denied the right'of a fair ~'~ hearing. ~. By the order of the -'Y Planning Board Tuesday, 'developer John Tuttle will c, complete Bridle Path road, -off Great Pond Rd. by connecting it through to ~'Timber~ Lane before winter !~sets in. Timber Lane has served as o cul-de-soc (doad- end) for Brentwood Circle in the ten years since the Path is now just being completed. Residents maintain that their cul-de-sacs help discourage house, burglars and build a close relationship between m~ighbors. In ad- dition, the'streets are safer for their children since the ears ~ the street are only local drivers, they say. They are angry with the way the planning board reached its decision Tuesday because they were never notified about the meeting and were not given an op- portunity to be heard on the issue. The Planning Board reached its decisionTuesday after reviewing briefly a survey presented in writing by John Medieros, Bridle Path. Medieres was not at ~.~r.~ia(A~g to the Medleros survey, 32 of "33 xesiden~ polled l~efur retainit~g tlie cul-de-sac. There are abOut 50 homes on the two streets. The Planning Board not'swayed by the l~Jti~, .Instead members cited that' emergency vehicle~ such as fire trucks and lown service vehicles, such as snow plows, have easy access to the two streets via 'the Timber Lane connector. "There never was question that the Streets would not he connected/' Planning Board Chairman William Chep~iis '.told The Citizen following the meoting. "It has b~en t~e policy of the -board · to eliminate cul-de-sac.~ for safety ceasorls whenever possible. The ~rigi~a] prg~al J_o~.ti~ l~r~ ..,dead, ends .~alled for the streets to ' Chepnlis made it cloar the initiative to connect the two ~'~r,eets was the Planning . Board's and no~ the ..developer's. '~Clearly it will cost tbe~ 'd~v~loper money to add · anoth6r section of street and :~!' ~m sure he Wouldn't do it ;unless'~we'teid him he had ~dvised about the Plan- from pmje I' "We were told in Sep- tember that we would have the opportunity of a fair hearing and that we would be notified." he said. "If I was a developer they would listen to me but as a plain perSon I am ignored. And secondly I think our arguments have merit." Medieres said he counted 22 other streets in town that end in cul-de-sacs. "Why do we have to be in ning Board's decision on the business of promoting We~esd~y morning by a traffic flow and paving the . .-.: ~oup:~. ~ a ~. ',~ · oec~s~on ~a~-~ ~ for · ~h~d character. In B~ston .they are closing streets," Medieres' neighbOr Paul Hayes went further to argue that Brentwood Circle has had a history of very few house breaks beeause~of the cul-de-sac. "Since there is only one exit, that can be blocked off by a police car ~ery quickly." he said. Chepulis. on the. other hand, doesn't ~ccept that reasoning. "That is'a very highiy theoretic, al argument," he ~ ~ ~ l~ vet happened that Wa~v?*' ' 'SCott Pond" created, prepared House Builder Scott Follanshee, 69 Penni Lane, intends to give the town a five and a half acre pond after he dredges gravel from a pit that will fill with water. And- Planning Board membe, r John Monteiro wants to create a~n outdoor hockey arena at the location off Salem St., near the Middleten line. Follansbee redeived Conservation Commission approval to create the pond ~ which will serve two pur- poses for him. It will allow him a ready source of gravel for the construction of two neighboring house sub- divisions and a retention pond for the surface drainage. "We don't think there would he any contamination of the ground water and, in -fact, we think we might have better flood control out, there." said Conservation Commission Chairman Vincent Turano about the pond which his commission 'named "Scott pond." "I think he is being very fair and honest with us." Follansbee added that although the pond has two important purposes to him as a builder, it will be an important selling point for prospective owners of the 66 $1~,000 houses he is oow building. The first subdivision called Ingalls Crossing is now under construction at the junction of Ingalls Rd. and Salem St, and will include 40 houses. The second sub- divison next door will include 26 houses. "As a recreation area, it will be beneficial to the families who buy our houses." "To build the pond, we are giving up aheut five house lots that we could build on," Foilansbee said stressing his civic responsibility. "We aren't here to just build and Scott Pond will be dredged beginning next week. The first acre is to be completed by August with the final pond finished by September 198L "Sa we don't get a mesa out there, we are ~oiug to dm, a little at a time," Follan- sbee said. "Each side will he seeded with grass after we finish." Turano said his board is requiring Follansbee to proceed slowly so work can he evaluated by his board. Part of that evaluation will he how deep it should he. "We don't want to get a pond that dries up in the middle of the summer," he said. Follansbee said he estimates that he will dig some 12 feet into the ground and the pond site will yield 10o,000 yards of gravel. "We already have use for a lot of that material right in the first subdivision that is under construction now," he said. "If we have a surplus, we'll sell iL" Monteiro was appointed chairman of a committee by selectmen Monday to oversee the landscaping of the park that will border the pond. "We'dtike to see a parking area' for cars, a lean-to where ltidz can warm up ~iter skating and maybe an open grill," he said. "We also would like to see floodlights imi~lled in the puouc recreation~ T · ; ' H E NEW SCOTT POND' will I~ok something like the above drawing when it is completed in two year's. The five and a half acre pond is planned for the IngaJlS Crossing subdivision'off Salem sr. future so this can be a real hockey rink for the town. There is a hydrant nearby that we can use to flood the surface if the ice is crack,si. Right now I understand We are paying Brooks 9ehoml SOme $5,000 for the use ~f ~behind his Lacy St. suo- their rink. This would be division. Other subdivisions more or less free." he has built include Dredging out ponds is not Willowridge Rd, Penni e~eat~d a one-acre ,~. ' ~oxf~'~i St. Cellarpumpers told If you routinely Pump rainwate~from yOUr cellar out the sanitary, sewer outlet in the basement, be prepared to find a new way of disposing of the excess groundwater soon. Under orders from the state, crews from the North Andover Board of Public Works are entering private homes and sealing the caps on the outlets permanently to prevent this common place practice. Residents will no longer be allowed to pump out their basements into the sewer system because space in the homing authority. "We didn't really have much choice," explained Supt. Joseph Borgesi. "And we a. nticipate there will be a lot of angry residents once they receive formal notification in their bills this month." The Board of Public Work~ had been trying for a year to avoid sealing the cellar drains. However the threat of a law suit from both the' state as well as the Ar- -chdiocese finally made the board take the drastic measure. The Arehidiocese has system must be made for the threatened the law suit new Sewage system at the became it cannot move i~ Archdiocese Waverly Rd. , new r~&~ents until a ~ewer permit is issued by the state. The development is already h6oked uP to NOrth Andover,s sewer system iUegally though ~orgesi said he is aware of the situation. "What they have done it connect a pipe into the manhole and they are ming the manhole as a reservoir like a septic tank~!' he said. "They have been told that manhole must be pumped out because we are not allowing the wastewate to drain into the system." So far the sewage system serves only the model apartment Bergesi said. Borgesi said he anticipates it will t~ke at least a year to to find new drains close off all tl~ ~llar ~ins in town: "Where the water from wet cellars will go, I don't know," he added. It will proi~bly be a process of continually pumping out the water during storms and thaws. You pump the water out and when it seeps hack. in. it gets pumped out again.". For years homeowners have pumped wet cellars out into the sanitary sewer. However, since the con- struetion of the Greater Lawrence Sanitary Waste Plant, the practice became c~'ained into the Merrimack River. However since 1976 the town has had to PaY for cleaning the rainwater as wellas sewage. About haft oL North Andover sewage flowing into the ~plant has been calculated to be rainwater: Not only is reainwater expemive to process but it is also causing the sewage system to overflow, spewing raw sewage onto lawns on Glenwood St. adjacent to the Shawsheen River- during heavy rains. Borgesi said his beard had · hoped to convince the state expensive to the town. that the amount of Sewage in Before the wastewater the system had decreased plant, all sewage water s~anti~llywl~m(I~m~i~'s Dairy closed its doors in November to allow for the connection of the., Ar- chdiocese system. Hoever. he said that argument failed. Borgesis said he now anticipates a sewage con- nection permit will be issued to the town for the Wverly Rd. project within two weeks. And he believes this will convince the Ar- chdiocese not to sue the town. Borgesi said he wasn't sure whether this will mean the town will have to enlarge its ground water drainage system which collects water on rOadways. That system currently drains into the Merrimack River. ' Selectman RalphJoyce .!~._s asked the Board of F~tectmen to f'md out if he can ethicany act as an attorney before town boards now that he is a The qutmtlan of a PaSSible conflict of interest for the North Andover attorney surfaced last week when Joyce apptmred as legal counsel for t~o local petitioners at a recent planning board hsar~g. At that hearing, Planning Board Chairman William Salemme told Joyce he thought the attorney was putting the board in an town as a whole. At the time~ Joyce said no conflict of interest existod because as a member of the Board of Selectmen he did not have the power to ',awkward because he had been elected to .represent all people in the town of No. Andover. Fie said the petition Joyce represented for t~ko people might not be in the best interest of the position" appoint melvtbers of the Planring Board. Selectm _an Chairman John Coady said his board discussed the matter '.tn executive session last wed/ and has asked Town Counsel John J. Willis for a legal determination. Coady said, however, that because Willis and Joyce share the same legal of- rices, he does not expect Willis will give the answer. "We expect to have to seek a determination from a special counsel," CoadY said. Joyce said until the seleclmen make a deter- ruination he is not maki~ any further comment on the case. Chairman William Salemme said that his board is not at present prepared to seek a lngal determination on the mattm'. "We would have to ask the selectmen for the determination," Salemme said. He added that his board feels strongly about the ethical question and would take such an action if the matter is not resolved. In the meantime, Salemme said the Planning Board expects to discuss the petition Joyce at,ecl at its nex~ work session April n. Linda and Paul Ahearn, 642 Turnpike St., are requesting a zoning change so they can move from their home and still maintain their office there, February 17, 1976 - Tuesday 'Regular Me'ting The P~.A~NING BOARD held a regular monthly meeting on Tuesday evening, February 17, 1976 at 7'.'30 P,M. in the Town.Office Meeting Room. The following members were present and voting: William Chepulis, .Chairman; Fritz Ostherr, Vice-Chairman; Paul R. Lamprey; and John J. Monte~ro. A motion was made by Mr. Monteiro to acc~ept the minutes of January '19 & February 2, 1976 meetings. Mr. Lamprey seconded. The motion was amended by Mr. Ostherr to have brackets put around the change in wording of the Zoning Article regarding the keeping of animals. The vote was unanimous. PTAWS NOT REQUIRING APPROVAL: a) GAR CORPORATI~N -E. Water St.: Atty. O. W. Trombly, .Sr. appeared before the BOARD and stated that the plan submitted was an as-built plan. The number of units was reduced to 29 because of the land taking by the Town and the plan shows the units as built and conveyed. Lot A, he said, is going to be transferred to ~he Homeowners' Assoc. and Lot C is the part taken for the overpass. Each lot has at least 18 f~. of frontage and 3,000 s.f. Mr. Trombly stated that the plan is to scale and shows all. the easements. The Building Inspector asked about Lot B to which Mr. Trombly replied that this is going to be transferred to the power company for their utility easement. Mr. Monteiro made a motion to e~dorse as not requiring approval under sm~ivision control law the plan of land in North Andover, Ma., Brookside Townh~ume Development, dated July 30, 1975. Mr. Lamprey seconded and the vote was unanimous. Included in the motion was the stipulation that Lot B is not to be considered a buildable lot. Mr. Chepulis question the litigation in process and Mr. Trombly said that this does not effect anything in the courts. b) MILLPOND TRUST - Pleasant St.: Atty. Trombly, Sr., Scott Giles and Robert Lane were present and told the BOARD that this just changes the perimeter lines to make the lots a little larger in order to allow~for garages to be built. Mr. Ostherr asked what number of lots are affected and if the lots still have ad .q~uate frontage. Mr. Giles stated that all the lots still have adequate frontage; this is to facilitate out- side garages and then presented an overlay to show how the chauges were made. Lots 59-64 and 94-103 are affected by this change. Mr. Lane stated that there have been some minor easement changes to accomodate the driveways. A motion was made by Mr. Lamprey and seconded by Mr. Monteiro to endorse the plan of land in North Andover, Ma., Millpond, dated Feb. 1976 as not requiring approval~ under subdivision control law. · The vote was unanimous. PUBLIC EEARINGS: ~The Public Hearings were tape recorded at the request of William N. Salemme in order that he may take action on the proceedings. ) WILLOW RIDGE ESTATES - Scott Properties, Inc. - Bpston St. :' The S~hdivision Control Subcommittee was not re~dy to give a report. Frank Gelinas appeared for the applicant and stated that the subdivision contains a proposed 1100 ft. ro~d which starts at Boston St. and te~z~minates at Commonwealth of Mass. owned land and 11 lots of 1 acre, each with 150 ft. frontage. The proximity of ~ Andover line to Willow Ridge Road is about 600 ft. The topography of the r~d: the high point is at lots 12 and 18, elevation 193 and the low point is 100 ft. s.e. of Feb. 17, 1976 - cont. Boston St. at 162 ft. There is no municipal water in the location; a well will be driven in each lot. The drainage tB~at is proposed is alo~n~the full 1~00 feet of roadway starting at station 11. The drain line is a ~2",/~a~18" to ~n existing culver~ on lots 3 & 4 and there it will be carried across the street to a large storage area. The frontage lots have already bee~built upon - lots 1-7. The only mumicipal services involved are primaril~of the highway department. The soil in the location was found to be a sandy clay glacial till with a percolation rate from 6-~4 minutes. This means the land is suitable for acceptance of a leeching field. One perc was found to be in excess of 30 minutes. There are 5 test areas for the 1~ lots. Ann H°wes, Marbleridge Rd. - Questioned why every lots was not tested for perosity. Letter from Bd. of Health, dated Feb. 17, was read. In general every lot has to be tested before any septic system can be installed. Sharon Knepper, 440 Boston St. asked why the necessity for a large catchment area and Mr. Gelinas smswered that his client has an inherent right to use this land for this purpose. The change in run-off is going to be finite, according to Mr. Gelinas. .John Nonteiro referred to the run-off at the Salem Gardens Subdivision which was also believed to cause not much run-off. Mr. Gelinas stated that he will submit figures for Mr. Mont- eiro. 0onnie Bernal, Narbleridge Rd. asked what affiliation Mr. Gelinas had with the project. He answered that he is the engineer for the petitioner. He continued with his presenta- tion stating that the subdivision is not in a swamp, it is in the headwaters of a large catchment area. From station 2-7 they are going to put in slope granite curbing. On Lot ~2 there is an easement because of a pocket of water in existence - this may have to be dried up - and it is the intent to convey this to the Town. The size of the culvert across Boston St. is ~8". The Chairman read the letters from the various Town Dept~- Highway, Police, Fire, Board of Public Works. These letters are on file in %he office. Fritz Os%herr stated that the Subdivision Control Subcommittee had not viewed %he site since the preliminary stages and made a motion to take the matter under advisement until the nex~ meeting. Mr. Lamprey seconded and the vote was unanimous. Mr. Gelinas asked if the Board wanted the watershed computations and the members concurred that they did. 2. NARBLERIDGE ESTATES - Barco Corp. - Marbleridge Rd.: Frank Gelinas represented the developer and stated that the project is across the street from Ridgewood Cemetary and bounded by Giard, Winning, Walker, H~rris, Usczinski, Ealin- owski, etc. The site is approximately 8.6 acres and the topography is about a 30 ft. difference in elevation, from 90 feet to 60 feet starting at Narbleridge Rd. down. There are two plateaus, Narbleridge Rd. and the Giard property. There is also some lowland existing on the property. There is an existing catch basin at Narbleridge Rd. which col- lects water from the road to Abbott St. which dumps onto the property at Lot 1. It is our intent, he said, to put in a 600 ft. roadwm~v shown as Woodberry Lane running southerly to--the rear of the site. The water will diverted along the road and baok toward the · 'wetlands. The full drainage is proposed as shown characterized by the 4 catch basins and 8" water line at Mmrbleridge Rd. The perc tests that were taken indicate a tight glaoial till with a water table that vari. es, where tested, at 48-72". There were 6 test areas which ranged from 4 min. to 16 min. per inch. Individual septic systems will be built as opposed to communal sewerage. Feb. 17, 1976 - cont. Ahmtters and neighbors voicing objections regarding the existing br~ok and spring and the intensely wet area were as follows: Ben Kalinowski, Sr., Salem St. Ben Katin~wski, Jr. " " Mrs. Usczynski " " Dr. Robert SmAth, M~rbleridge Rd. Mr. Cavallaro, " " Derman Harris, Salem St. Adela Dainowski, Salem St. Mr. A. Uzynski, Salem St. Connie Bernal, N~rbleridge Rd. ~ Howes, ,, tt Vera Warwick, " " Elaine Warwick, Putnam Rd. M~. C~, Highway Surveyor, stated that the road is proposed with drainage dumped at random and sympathized with the concerned citizens. He recommended in his letter that the drainage be run in a line for future development of the street. Mr. Chepulis asked why the easements terminate they way they do to which Mr. Gelinas replied that you can't change watersheds. He then read the letters from the various Town Depts. - Highway, Bd. of Health, Police, Fire and Bd. of Public Works. All on file. Charles Foster, Building Inspector, said that he noticed on ~he plan that while there are large areas on the lots, the frontage is minimal. For instance Lots 1 and 10 are only about 90 feet wide due to their configuration. The largest house that could be built there, he said, would be about 50 feet. In planning this subdivision, it seems that every bit of land has been utilized and it would seem to be sensible to ma~e these lots a little wider. Perhaps a lot would be lost in this process, but it would be better planning. He also felt that the cul de sac, as planned, was impro~er because, in the ~utmre, both lots 5 & 6 would not have the required and necessary frontage. He questioned who would.put in this road in the ~uture - the developer is gone so it is either up to the Town or the person who owns the land. The cul de sac should be brought to the property line. Further, stated Mr. Foster, it behoc~es every Town agency to be concerned about the quality of our water supply - the Town reduced the acreage requirement because the area would event~aally be served by sewer- age. We should all do ever~hing in our power to see that any development is sew~red. Joseph Barbagallo, the developer, inquired if the Town had appropriated the money for this sewerage. Philip Busby, Jr., BPW, stated that it had not but that the federal government had given them $90,000. and this is one of the problem areas in Town. We do plan on working in that area, he said, one way or another. However, there is no time schedule on this at present. Mr. Gelinas stated that the water table will not change appreciably, but problems arise because Article 11 is not adhered to. The septic system will be designed and implemented within the guidelines and his abilities, but if they are not enforced some problems could happen. JosePh Winning, S~lem St.~ asked if there are any restrioti~ that can be placed on filling in this area. Mr. Gelinas stated that it behooves every neigh~or tofind out what is going on with the filling that is taking place presently out there. Mr. Chepulis stated that, in his opini°n, they would have to come before the Conserva- tion Commission and went on to explain the procedure with the local Commission and also Mr. Lamprey made a motion to take the matter under advisement and Mr. Monteiro seconded. The vote was unanimous. The Board and other Town officials will view the site on Saturday morning, the 28th of ~ebruary. Febr~ry 17~ 197~ - oont~. Legal notices on proposed zoning changee from the ?o~ns of Methuen, No. Reading and Andover were reviewed by the BOARD. Board of Appeals Decisions on J & V Realty ~ust, Stephen Scully and Jo~-a L. ~ertho~d were read by the BOARD and placed on file. John Monteiro commented on the recent decision of the ]~oard of Appeals reg~rding the Merrimack Valley Medical Center and commended Messers Frizelle, Noble and Phelan for their endeavors to allow something of this nature into Town. Felt it would Be an asset to our tax ~ase. Mr. Os~herr commended their decision to der~ the petition Because he did not feel the application was properly the subject of a special permit. It should be the subject of re-~zoning, said Mr. Ostherr. Letters from the Selectmen: Hereford Declaratory Judgment -Mr. Ohepulis s~ated that the Selec~nen told him this evening that it is not the policy of their Board to appoint anyone outside of North Andover as legal counsel. Therefore, they rei~use to make such an appointment and suggested that the PLANNING BOARD come up with an alternative name in lieu of i~s initial choice. Mr. Monteiro said that he had no objection about having someone from Town. Paul Lamprey made a motion to appoint Clifford Elias and Mr. Ostherr seconded. The vote was unanimous. Local Growth Policy Committee Appointments - the le~%er was read and filed. The BOARD directed the secretary~ to write to Atty. John Ford regarding the Orea~er Lawrence Sanitary District and Charles Construction land. Letter from William A. Oyr, Highway Surveyor dated February 17, 1976 re~arding an expensive maintenance problem to the Town involving icing conditions caused by dis- .charge of cellar drains and french style drains into our streets. Mr. Cyr, who was present, stated that an example of 2his condition is on Milk St. and in the newer subdivisions such as Appledore where a spring runs through a cellar and right onto the road. He strongly urged control of this situation and suggested incorporating it into the by-law or the rules and regs. Miscellaneous Matters: Letter from Arnold H. Salisbury to Bd. of Health regarding the use of a practicing registered engineer was read and is on file. Planning & Zoning Newlsietter ~as received and is on file. The ~D/PC and PLANlCT_NU BOARD will be co-sponsors of the Mass. Federation of Planning Boards meeting in Nay. Release on l~-~n Dr. - Chester Sullivan: Mr. Sullivan was not present. Letters from the BPI and Highwny Surveyor were read. A motion was made by Mr. Ostherr to re~ain $2,000 and release $%000 on the bank passbook. Mr. Lamprey seconded and the vote was unanimous. The BOARD directed the secretary to inform Mr. Sullivan of the action talced. The meeting adjourned at 11 P.M. ' (ailda B1A-cks~ook, Secretary)