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HomeMy WebLinkAbout1976-10-19October 19, 1976 - ~uesday Regular Meeting The PLANNINa BOARD held a regular monthly meeting on ~Aesday evening, October 19, 1976 at 7:30 P.M. in the Tc~n Office Meeting Room. ~he follow~ng members were present and voting: Fritz Ostherr, Chairman; William Chepulis, ~ice-Chairman; John J. Monteiro, Clerk; Paul R. Lamprey and William N. Saleratus. ~ There were approximately 10 visitors. PLANS NOT RE~UIRINa APPROVAL~ 1. APPLEDORE ASSOCIATES - ~ndra Lane: The co..~ent was made that we are currently in court on this same plan. A motion was made by Mr. Monteiro that the ~OARD not endorse the plan of lan~ dated July, 1976 and revised August 2 & 16, 1976 as not requi---ring approval under subdivision control law because it constitutes a Subdivision. The vote on the motion which was seconded by Mr. tamprey was as follows: Messers Chepulis, Lamprey, Monteiro and Saleratus voted in favor; Mr. Ostherr, opposed. 2. PAUL F. & ALBERTA COLLINS - Campbell Rd.: The BOARD reviewed the plan and found it to he in order. Mr. Lamprey made a motion to endorse a plan of land in North Andover, Ma. owned by Collins, dated October 1976 as not reqmiring approval under subdivision control law with specific reference to Lot ~. Mr. Monteiro seconded and the vote was unalli mov. s. ~EAT POND WO~DT.A_~D DEOI,~ION: A letter d~ted October 19, 1~76 fro~ Mrs. Dorothea ~urley was discussed. Mrs. Hurley has frontage on So. ~radford St. and is an abutter to the subject property. The Chairman stated that the public hearing had been held and the discussion from abutters ~as primarily regarding drainage. His impression was that the residents were satisfied with the BOARD'S requirements. Concerned abutters and residents submitted a petition sig~ed by 53 persons asking the Town not to open Timber Lane. Mrs. Pku-ley - stated that she has one lot fronting on So. Bradford St. with a 10% grade and would like access via a roadway or aaright of way back into her land. John Turtle, the developer of the proposed site, stated that he could have the same problem as Mrs. Hurley if he wanted to go from his land to her land. Also, he cited the fact that she does have frontage. They decided that once her surveyor gets the data he wOUld contact either ~uttle or ~elinas. Mr. ~elinas stated that they do not object to putting in the utility easement. Regarding, the connecting or not connecting of Timber Lan~ Mr. Turtle said he did not 'object to not connecting the strip but would like it to remain on the plan for the f~ture. Mr. Gelinas added that he would not make it into an easement, he would recommend that it be lef~ the way it is shown so that if there ever is a problem all the engineering is done. Mr. Cyr's feelings were the same about the cul de sac. Mr. Borgesi stated Shat they have to tie ~he ~ater main in regardless. More discussion about the roadway and cul de sac. The consensus of the ~ at that moment was to restrict traffic on ~imber Lane and also have some type of access with the exception of Mr. Lamprey - he felt that it is too long a road nc~ to Be opened up; would Be willing to restrict traffic under the construction phase. Mr. ~uttle felt he would like to gravel the section of road with limited access in order that the people of Brentwood Circle wOUld be happy. Mr. Cyr said he did no~ think we were being very consistent if the cul de sac ~as not eliminated inasmuch as ~ or 4 ~e~ cut out on Winter Hill. Mr. Chepulis made a motion that the road be c~nstructed as shown on the plan but that said construction not be done until a later date and during the construction phase the proper October 19, 1976 - cont. barrier should be set up to prevent any construction or other vehicles entering or leaving the site. Mr. Chepulis amended this to state that constructio~ of this shall be done not prior to 6 months of the completion date/en~h~°~l~e~ ~ ~e~~n - of Timber Lane to Bridle Path. Mr. Lamprey seconded and the vote was unanimous. Turtle and Smolak: A 10 ft. '~no cut" strip shall be all along boundary plus some additional footage; no one will be allowed to build any closer than 30 feet any~Pay to which Mr. Turtle stated that this could be part of the conditions of approval. The Pelice Chief had no objections. Mr. Gelinas felt that the }"ire Chief's request regarding hydrants wi%bin 250' of every dwelling was very unusual. Right now, he said, the requirement is every 500' and this is what the present plan shows. The BOARD shall discuss this with the Fire Chief. Mr. Ostherr suggested that the BOARD specifically waive fire alarm system requirement. Mr. Lamprey's opinion was that it is still a requirement of the Rules & Regs. and made a motion to require a fire alarm box at the intersection of Bridle Path and Timber Lane. Mr, Monteiro seconded. During the discussion that followed Mr. Cyr mentioned that it could be run with the telephone lines, the length of the roadway may create, during the construction phase, a cul de sac longer than approved. The BOARD recognized this and w~ived that requirement. The vote on the motion was unanimous. The Subdivision Control Subcommittee recommended approve~l of the definitive plans subject to the following conditions and the vote on the motion was unanimous. Condit ions: The usual stipulated conditions regarding covenant, security, Rules & Regulations of the Planning Board; that all water mains shall be installed in accordance with the Board of Public Works specifications; that all fire protection improvements shall be constructed in accordance with the standards~ of the Board of l~ire Engineers; the pro- posed road sh~ll be constructed as shown on the plan but said construction shall not be done until 6 months prior to the completion date and only upon approval of the Planning Board; regarding the extenmion of Timber Lane to Bridle Path, the proper barrier shall be set up to prevent any construction vehicles or other vehicles entering or leaving the site during constructions a 10' "no ~ut" strip shall be added along the rear lot lines of Lots 21-26 as shown on the definitive plan dated August 23, 1976; two catch basins at the inter~ection of Orsat Pond Rd. and the proposed road ~hall be shown on the definitive plan; e×i~ting cul de s~c on Timber L,~ne to be removed and ~ded to meet existing ~Trades plus any other corrections deemed necessary per the Eichway Sur- veyor's letter dated 9/27/76 - the aforementioned condition shall not be done ~n~til 6 months prior to the completion date and only upon approval of the Planning Board; berm shall be required where necessary; 18 in. overlap of gravel is required from all edges of pavement and road width shall be 26 feet with ~,/~ in. to the foot cro~ om~ finish bitt~inous ~urface; road to be widened z distance of ~.0 ft. ~t the approach to cul de sac; recommendation ~ of Highway ~-zeyor's letter dated Sept. 77~ 1976 shall be adhered to by the developer; a hydrant shall be .~ho~n on 2ct line between Lots 18 & 19; a ~0 ft. utility easement ~long lot line of Lots 19 &?O to land of ?eresta shall be shown on the plan; a fire al~,rm boa._ shal}~ be installed at the intersection of ~ridle Path and Timber Lane; adequate public liabi].ity & property d~mage insurance as well as a street opening bond in an amount set to the Highway Surveyor's satisfaction must be provided for the work on Great Pond Rd. and Timber Lane; that no lot may be built upon intil a subsurface disposal system permit is gTanted by the Board of Health. BOARD OP PUBLIC WOP~S LAKE ~ONITORING PROGRAM: Mr. Borgesi w~s present. Mr. Ostherr had met with the BPW to discuss implementing the program . There were two alternatives October ~9~ t976 - cont. '- mentioned - t~e some data on a low budget basis identify data and come up with recom- mended program OR hire a consulting firm to do a paper s~,udy for us. The first approach seemed to be the most sensible way . This could be done in cooperation with Merrimack Colle~ doing the constamtnlimited program which should provide some data. Mr. Borgesi said he hoped to go before the ~dvisory B~ard and get f~nds and begin on No. 1st seeking approval of the PLJaNNING B0.~RD. A summary of what the BPW propose~ was presented and Mr. Lamprey suggested a letter be forwarded to the Advisory Board. Request for Release -TURTLEHZLL: Letter from BPW dated Oct. 19, 1976 and letter from Mr. Cyr, Highway Surveyor released $15~000. Mr. Monteiro made a motion to release $25,000 - $15,000 for drainage and $20,000 for street leaving a b~ance of $17,000. The vote on the Motion was unanimous after it was seconded by Mr. Chepulis. SCOTT FOLLANSBEE - release on Penni Lane: letter from Highway Surveyor was read. He requested that $5,000 be held pending the finish of remainder of the work. A motion was made and seonded by Messers Monteiro and Lamprey to release $2~,500. It was a unanimous vote in favor. WILL0h~ RIDGE - Request for Release: Letter from Mr. Cyr dated 10/19/76 was received and recommendation was that $16,500 could be released leaving a balance of $27,000 for work to be completed. Mr. Follansbee to file release forms. A motion was made by Member Monteiro to release $16,500. Mr. Chepulis seconded and the vote was unanimous. APPI~EDORE - Release and Ponds: Mr. Cyr reported that he did receive a set of plans but has not heard from E.Q.E. Mr. Os%herr commented that he had hoped the BOARD could take action tonight in order to obviate any qourt action. Bud Cyr said there were things outstanding within the ~ubdivision itself such as berm in several locations which he is yet to approve and no onehas shown any interest in going over these items. John Lyons satisfied the law by stating that he had not received any statementfrom this BOARD regarding the bond. Mr. Monteiro made a motion not to release the bond. Correspondence from Atty. Harem dated Oct. 6 was read and is on file. Ben Osgood said they took that action because they were getting nowhere, they had made formal requests since January and, in all fairness, Bud's chalk marks on hot top should be done in a little more formal fashion. The Bd. of Public Works has not taken any action at all in regard to the lift station; the state DPT. of Public Health approved the station some time in May and we have been paying the electric service since then. Mr. Lamprey told him they should have come in prior to the 45 days. Fritz Ostherr reiterated that we had~met with the BPW and the PLANNING BOARD view w~S that the users should be billed. Mr. Cyr stated that he is irked by double-talk from developers with ~ulxlivisions pending for ~-5 years in this Town. I would have a report on the subdivision but was holding it until I could come in with a thorough ~eport on the retention ponds, he said. The communication with the developers of Sandra Lane is very poor, he added and it is a chain of command such that you never get to the right person. Mms. Armitage inquired if the bond approval/ release indicated BOARD approval of access routes - it did not apply to this matter. Mr. Monteiro suggested that the BOARD take the bond on these subdivisions that are not finished on time from now on. A motion was made by Mr. Lamprey to deny the request for release of the bond inasmuch as the feeling is that due to litigation we are within our 45 days and the Highway Surveyor only received plans on drainage with the last week. The PLANNING BOARD has never, to my knowledge, received these plans, he added. Mr. Monteiro seconded and the vote was unanimous. Mr. Cyr to submit a written report on NOV. 1. Gay~on Osgood -Route 114 Reconstruction: Mr. Osgood had gone to a hearing on the sub- ject and the proposal involved some land-takings, some major changes. The DPW and MVPC felt that land use along R~e. 114 in the rural areas from Merrimack College on out to Middleton in our curren~ zoning by-laws would be detrimental to the road because ~ot. 19, 1976- cont. there would be too many points of egress. They suggested that some planning be done to try and modify transportation plans to coincide with land use plans. This map should be part and parcel of the transportation plan. write a letter to the MVPC with a copy to the DPW stating that this would be a r~tional approach to 114. Re Regional Plan: Mr. Osgood told the BOARD that they expect a meeting with the Growth Policy Committee at some appropriate time ~q~ ~re~f the regionat-~l~a~~. He made it known that membership on~this Committee is still open to public and asked for suggestions. WINT~q HILL - Covenant: received and filed. Secretary to make a file for Revisions to Rules and Regs. !tFireHydrants Fee System Pavement shall be centered on the right of way unless specifically stipulated other- wise. d) P~gulations for submission of ~orm "A" lots. The meeting adjourned at 11 P.M. Chairman  //~itz Ostherr . / Gilda Blackstock