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HomeMy WebLinkAbout1976-05-17 May 17, 1976 - Monday ,, Regular Meeting The PLANNIN~ BOARD held a regular monthly meeting on Monday eve~ing, Nay 17, 1976 at 7:30~ P.M. in the Town Office Meeting Room. The following members were present and voting: Fritz Ostherr, Chairman; William Chepulis, Vice-Chairman; John J. Monteiro, Clerk; Paul R. Lamprey and William N. Salemme. A motion was made by Mr. Lamprey to accept the minutes of 3/22/76 a~d 4/5/76 as received. Mr. Monteiro seconded and the vote was unanimous. PLANS NOT REQUIRING APPROVAL: 1. MARY MOODY SELDEN - Moody St.: Mr. J. J. Currar~ associated with Charles E. Cyr, represented the applicant in the absence of legal counsel for Mrs. Selden. Mr. Curran told the BOARD that he understood that the attorney has made provisions for deeding the easements ~.t to.the individual and then to the Town once the lots are sold. Mr. Monteiro to~ exception tO this, felt that the easements should be shown on the plan. Upon motion of Mr. Chepulis and second by Mr. Monteiro that the BOARD endorse the plan of land owned by Mrs. Selden dated February, 1976 as not requiring approval under subdivision control law subject to the entry of the easement to the Town of North Andover on the plan and such plan shall not be signed until the easement appears on the said plan, the BOARD voted unanimously in favor· 2. LANDSAIL, INC. - PLAN 01~ LAND PREPARED FOR ANTHONY FORESTA: AFter viewing the plan dated Nay 7, 1976, Mr. Monteiro made a motion to not endorse as not requiring approval under subdivision control law due to the fact that the owner cf record of the land is not denoted and drainage easement is not shown. Mr. Chepulis seconded and the vote was llllanimous · APPL~ORE ASSOCIATES - Request for partial release of Bond and release of Lots 12-16: Letter from Atty. l~tem dated Na~ 10, 1976 and letter from Highway Smrveyor dated 17, 1976 were read. The Chairman noted a call from a Mrs. Donaldson, Sutton Place, regarding drainage easement to which Mr. Hates answered that it had nothing to do with this. A discussion of Mr. Cyr's request followed. ~{r. Borgesi, BPW, stated that it is the engineer's basic feeling that everything is all set, but he has to wait for response from the State regarding the lift station. Mr. Monteiro voiced concern about the lift station and why it should cost the Town any money. Mr. Bcrgesi said that he would retain the amount covering the lift station, but did not know the actual cost. Mr. Eatem told the BOARD that he had received a letter a week ago from the State approving the station. The current status of the road work is that everything is done except the finish coat. Mr. Nonteiro stated that he would go along with the release of $27,000.00 on the word of the Highway Surveyor. Mr. Salemme asked if the prospective buyers were aware that they were going to have to defray the cost of the lift station. Mr. Hates answered that he had not advised anybody of an~hing because, as yet, nothing had been done on this by the Town. In his experience with lift stations, he said, he had found that they are not the problem that appears here. The one experience in the Town so far is with a lift station that does not operate right; we did everything that was designed, mandated, etc. More discussion regarding ass&ssment to individuals using the lift station./× / The 0hairman suggested that the request be dealt with in two parts: 1) release of cove- nant and 2) partial release of bond. Mr' Chepulis stated %bat Mr. Cyr is suggesting ~hat $27,000 can be released, leaving $25,000 which means that there is $13,440 still remaining for other work. Asked if that was sufficiemt amd the BOARD concurred that it Would be approximately right. 17, 1976 - cont. A motion was made by Mr. Monteiro to reduce the amount of bonding by $2 .,000 and Mr. Chepulis seconded. The vote was unanimous. ' Mr. Monteiro made a motion that the BOARD not release Lots 12-16 at this time. Mr. Lamprey seconded and the vote was unanimous. The matter will be referred to the Board of Public Works and Subdivision 0ontrol Subcommittee. Mr. Hates asked if the release of lots from now on would go tothe Subdivision Control Subcommittee to which Mr. Monteiro replied that they would. NOTIFICATION FROM CON.COM. RE: SPINNING W~W. ESTA~"ES - Letter was read by the Chairman. A motion was made by Mr. Mouteiro to so state that the reactiv~timu .of this subdivision has caused the Planning Board to decide to re-evaluate and all activity on the site be stopped by the Building Inspector until the Planning Board has done so - a 60 time limit. Mr. Chepulis seconded and a short discussion followed between BOARD and Mr. Cyr regarding 1/2 cul de sac, easement. The BOARD concluded that a study of this subdivision is necessary to determine whether some modifications are in order due to the fact that it has been 6~ years since it was approved. The vote on the motion was unanimous. CORRESPONDENCE FROM 1~. S. DAVIS RE PARCEL ON AN'DOVER ST.: Letters dated Nay 9th were read. Mr. Monteiro stated concern regarding paper streets and talk about a bank to be located on one of the corners. Ne suggested that Mr. Davis discuss the matter with Mr. Gelinas or Mr. Osgood and moved to table the matter. Mr. Salemme seconded. Mr. Cyr noted that ~ Meeting is the only way to deal with paper streets. The vote was unanimous. Mr. Mon%eiro then suggested that the Chairman write to To~n Counsel regard- ing the zoning regulations on abandoned streets, paper streets, etc. in order that we may have this on record for ~uture reference. Also, respond to Mr. Davis' letter out of courtesy. Mr. Ostherr to write the letters. Mr. Monteiro brought up the Archdiocesan Project on Waverly Rd. and suggested that Town Counsel and any others who may be interested in this subdivision have a meeting sponsored by the PLANNING BOARD to set direction as to why we are appealing .to the courts. Felt that Mr. Salisbury could obtain input from such a meeting. No action was taken. COPY OF LETTER FROM ATTY. DZADANO TO MRS. S. MUNROE: Mr. Chepulis stated that he h~d requested that this be put on the Agend~ and parts of~he letter were read. The Chairman ~ggested that each member be given a copy and put it on nert Agenda. DISCUSSION: WAT~2~$Pm~ REPORT BY LAKE S~WJDY C0~ITTEE - Mr. Monteiro"s opinion was that the sewer should not go out in that direction because it represents more development even though it would help some people currently having problems. It would be difficult in establishing 2-3 acre zoning in the area because there are existing ownerships of less than that acreage. .Mr. S~lemme stated that %he Committee decided to wait about a year on the question of zoning, until there is more information on water quality analysis. Mr. Chepulis said that his feeling was that this report was not the official document of the majority of the Committee. Mr. Salemme said there was some disagreement among Com- mittee members. Mr. Ostherr directed his question regarding monitoring the water quality of the Lake to Mr. Borgesi. Mr. Borgesi stated that, one way or other, we are going to have to' do it ourselves; we have people capable of the task, but do not have the equipment. An approxi- mate figure of $10,000-15,OO0 was mentioned. A discussion followed regarding the possible program to be set up. Mike Smolak, town resident, felt that, in addition, the PLANNING BOARD ought to consider purchasing some of this land because of its proximity tO the water supply. Mr. Ostherr referred to the Report of a few years ago and pointed out that 17, 1~76 '~ cont. tributaries were even more important than large lot zoning. We have no evidence that large lot zoning helps the situation. Much discussion regarding Board of Health prob- lems ~-ith subdivisions, run-off, etc. Mr. Cyr objected to the statement that the salt used on ~he r~ads is a detriment to the water supply. Mr. Ostherr officially requested the Board of Public Works to design such a monitoring plan so that the BOARD can suppor~ endeavors to get it imPlemented. Gay~on Osgood told the members that there may be $500,000 in federal Funds available later on in the year for this type of study. Mr. Monteiro thought Mr. Lamprey should get copies of most recent Land Use Plan done by the MVPC. Mr. Osgood suggested that the BOARD seriously consider hiring a planner to aocomplish some of this business. PLANNING: 1. Sewage Pumping Stations - 8 regulations proposed by the BPW plus letter accompanying same were read and both are on record in PLANNING BOARD files. Mr. Monteiro inquired about establishing a "Grandfather Clause" regarding, specifically, Johnson Circle to which Mr. Borgesi replied that he didn't know if the regs. could be m~de retroactive. The Chairman advised that it would be well to advise the Assessors about this and in PLANNING BOARD Rules & Regs. these can be spelled out specifically. Ben Osgood questioned submitting plans at the definitive stage because the approval fr°m the State would not be in at that time. Phil Busby, BPW member, said they would want to see the plans at the same time as the PLANNING BOARD. The BOARD concurred that it would back the BPW in their regulations. BOARD OF APPEALS DECISIONS: Decisions on Ninety-Nine North and F. S. Davis were so noted by the BOARD. Henry Fink, Town resident, mentioned that the ZBL should specify just set back for 1OO ft. rather than "front" set back. BOARD to change this when reviewing the By-Law in the future. MISCELLANEOUS MATTERS: ,Beacon received. COITION ~RON ~.ECTM~ RE APPOINTMENTS - Send note to Selectmen Re our Capital Budget representative, John Monteiro and Sign By-Law Committee member, Fritz Ostherr. Letter from Selectmen Re CETA EMPLOYEES: Discussion revo'lved around Administrative Sub- Committee exploring the possibility of hiring a draftsman or civil engineer with the Board cf Selectmen. Updating Zoning Map - Secretary to call Mar~in Assoc. regarding updating zoning map. To be discussed further at June 7 Meeting. Pork Chop Lots -The Chairman suggested that it might be away of getting at the frontage problem if it were brought up at Town Meeting in the Future. Gayton Osgood brought~e subject of Flood Plain Zoning in that he felt that it would be advantageous in alleviating alot of the problems ~oward E. Boxford and the recharge area for the Ipswich River. Short discussion about our flood hazard areas and the fact that the Wetlands Act is a weak tool to use in trying to control development in the swamp areas. The Chairman suggested that this would be an appropriate subject for the Long-Range Plan- ning Committee to explore. Meeting with Con. Com. Re Winter Hill Cul de Sacs on Tuesday, May 25th. The meeting adjourned at 10:30 P.M. ~haimman /Y~ri%z Os~herr -- /- Gilda Bl~ckst ock