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HomeMy WebLinkAbout1977-04-18April !8, 1977 - Monday Regular Meeting The PLANNING BOARD held a regular monthly meeting on Monday evening, April 18, 1977 at 7:3,0 P.M. in the To~cn Office Meeting Room. The following members were present and voting: Paul R. Lamprey, Chairman; William N. Salemme, Vice-Chairman; Michael P. Roberts, Clerk; William Chepulis and John J. Monteiro. PUBLIC HEARING: ZONING AN~ENTS The Clerk read the legal notice. The Chairman explained that this was mainly to conform to Ch. 808 and, hopefully, there will be a Special Town Meeting in the future at which time these matters will be acted on. Sec. I - self-explanatory Sec. 2.3,8 - to keep lot sizes uniform and away from pork chop lots. Charles Foster asked if access would be limited - no, but it must be "useable" as access. Sec. 2.59 - Mr. Foster felt this should be held in-abeyance until we hire a "Planner", and further that these should be two separate bodies for "checks and balances". Wondered if the Board would have the time to deliberate on these proposals; anything regardiuE new development should come under the PLANNING BOARD but an eztension of a non-conforming use should be under Board of Appeals, they have more experience. Gayton 0sgood - mentioned that the intent of Ch. 808 was for these to be through Special Permit. Sec. 2.62 - Sec. 2.63 - has to do with Special Permits Sec. 2.66 - striking the definition of townhouses Sec. 2.67, 2.68~ 2.69 - self-explanatory Sec. 4.121 (5) - eliminating any size of signs (real estate) in the By-Law Sec. 4.122 (5) A 4.123 (5) - same as above Sec. 4.123 (14) - taking towmhouse out as an allowed use from the apartment district; Mr. Gayton Osgood questioned this. Mr. Lamprey answered that it is because there is no addi- tional R-5 to be used right now, it is basically an apartment district. Foster - in order to get an apartment a section of land would have ~to be re-zoned. Osgood - wouldn't that make Village Green non-conforming? F. Gelinas s~id they are not townhouses and C. Foster said it would because it takes lhe use out of the ~zoning district. Mr. Lamprey didn't think they could be sold as townhouses anyway due to the lot area, they are duplexes. Sec. 4.125 (14) - self-explanatory Sec. 4.130 (6) - Industrial 2 District: to help ~the Selectmen on the Solid Waste plan Table 1 - self-explanatory Sec. 5.1 l~! - omitting the $200. fine i Sec. 5.2 regarding Special Permit Grantin~ Authority Sec. 6.1 clarification as to Board of Appeals variance Sec. 6.2- refers back to the definition of frontage that was changed Sec. 6.4 - clarification as to Board of Appeals variance Sec. 6.8 (2) - same as above; C. Foster questioned this in that there is no flexibility in a variance and that is why it was set up to go under Special Permit, Board to review. 6.8 (3) to be checked Table 2 - refers to townhouses Sec. 8.1 - self-explanatory Sect Sec. Sec. Sec. Sec. Sec. Sec. Sec. 8.2 (1) - same 8.3, 9.1 - for people's awareness, new in Ch. 808 9.11 - self-explanatory 9.25 - deleting Special Permits from the Board of Appeals as pertaining to this By-Law 9.3 - same 9.~1 (1), (2) and 9-4 - same 9.5 - regarding use variances as required by!Ch. 808 April 18, 1977 - cont. Sec. 9.6 - self-explanatory Sec. 9.62 - same Sec. 9.63 - to comply with Ch. 808 Messers Osgood and Gelinas advised the BOARD to take a look at some of the variances that have been granted by the Board of Appeals in the past 5 years and also the special permits in order not to lock people out of those' such as an addition of an apartment to a single family dwelling. Mr. Foster hoped that the professional planner could help in these matters. Mr. Monteiro made a motion to take the above under advisement. }.~o Chepulis seconded and the vote was unanimous. PLANS NOT REQUIRING APPROVAL: J. Simmons - Boxford St.: some portion of the land is still in Boxford but the signature block for the Town of Boxford is on the plan. Mr. Monteiro made a motion %0 endorsed:the plan of land dated March 1977 as not requiring approval under subdivision control law. Mr. Salemme seconded and the vote was u~uanimous. R. Perkins - Winter St.: plan dated March 28, 1977, revised April 8, 1977 for N.A. Assoc. showing lots 1-9. Locus plan has been added and drainage easement that goes back to the watershed dividing line (between lots 2 & 3). There is a culvert where the easement terminates which crosses Winter St. Upon motion by Mr. Chepulis and second by Mr. Salemme the BOARD voted unanimously to endorse the plan as not requiring approval under subdivision control law. R. Perkins - Winter Hill: a notation was placed on plan stating this is part of "Winter Hill Estates" and a "corrective plan" per BOARD request of April d. Mr. Chepulis made a motion to endorse the plan as not requiring approval under subdivision control law. Mr. Salemme seconded. Mr. Monteiro stated that because he did not vote in favor of the sub- division he could not vote for this even though it is a legitimate request. VOTE: in favor - Lamprey, Chepulis, Roberts; opposed - Monteiro, Salemme. J. Barb~allo - Lacy St.: plan of land for Barco dated March 1977 showing 4 lots referred to the Subdivision Control Subcommittee. Mr. Chepulis reported that %hey had viewed the site and discovered that these lots arewet, it is standing water which may never drain out; they are not what I would consider buildable lots~ he stated. There is nothing on the plan that shows wet area, streams, culverts. It is very deceiving because there is a slight elevati°n on the south side of the street but if you go over that you go right into water. Mr. Lamprey, ~. Cyr and Chepulis were present for site review. Mr. Gelinas stated that those are 3 & 4 acre lots. M~. Chepulis said there would be the possibility of an easement. Mr. Cyr stated that some time ago he requested that all culverts be shown on the plans and so far it has not been done. There are two culverts involved on these 4 lots. A motion was made by Mr. Monteiro to DENY these plans for the reasons given by Mr. Chepulis. Mr. Salemme seconded. Mr. Roberts asked for an opinion as to whether or not these are buildable lots - '~o", Lampre~ & Chepulis. Pat Trombly stated that the Conservation Commission would like to go on ~record as opposing the approval of these lots. ~. Monteiro included anything negative that was stated regarding these lots in his motion. Mr. Gelinas requested that the time and date be recorded on this vote: April 18, 1977 at 9:48 P.M. unanimous vote on motion. Bud Cyr suggested there be a better working plan on Form "A" lots, example: Boxford St. where a culvert had been oomple~ely blocked. I believe there is a Cease and Desist Order on the lot but they are still filling in. ! am appalled at the way some of the depart- ments in Town are being ignored, he said. It seems we are just not catching these things. Mr . Cyr felt that C. Foster should cheok with the other depaa-tments before issuing a Building Permit to make sure that everything is in line with the way the Town wants it. April 18, 19'~'~ - cont. Mr. Foster stated that there is nothing he can hang his hat on, concerned forst with the Building Code and zoning. F. ~elinas added that all the permits were issued in regard to Boxford St. and then it was discovered that there was a culvert out there; the policing is everybody's job. He assured the BOARD that there was a pero test and a pit. Mr. Oyr said he did not see azXy signs of a pit, it is completely illegal. Vinos Turaao suggested a meeting between the 5 boards concerned to define something. ~he BOARD was in favor of this and a meeting was set up for Saturday, April 27th. GRE~WOOD ASSOC. "~m~WOOD WEST": a notation on the plan as to the name of the subdivi- sion was done. Motion made By Mr. Salemme to endorse as not requiring approval under subdivision control law the plan of land dated March 14 and revised April 5, 1977. Mr. Monteiro seconded and the vote was unanimous. S.IK~ES ROCXWE~L, JR. - ~.~mer St. ~ plan dated April 7, 1~)77 showing 12 lots. Mr. ~eli- nas stated that the intent was to create all kinds of drainage easements and road widen- ing. A motion was made by Mr. Monteiro to endorse the plan as not requiring approval under subdivision control law including the drainage easement on Lot 7. Mr. Salen~ne seconded and the vote was unanimous. Plan to be signed when easement is noted on plan. E & 1~ BUILDERS - Lacy St..' plan dated April 1977. Scott Follansbee to send letter of agreement to Bd. of Selectmen with copy to Planning Board and Con. Com. regarding drainage easements and upgrading of road. Mr. Oyr agreed and noted that the drainage easements should be shown on the plan. Mr. Monteiro made a motion to endorse subject to easement being shown on the plan. Mr. Roberts seconded and the vote was unanimous. SCOTT PROPERTIE~ - Boston ~t.: plan dated April 8, 1977 showing lots A-1 and B-1. made by Mr. Monteiro to endorse as not requiring approval above plan. Mr. Roberts seconded and the vote was unanimous. A. TURNER ~RI]MIES - Poster S~.: plan dated April 6, 1977. Mr. Cyr discussed getting temporary slope easement in an additional 20 ft. from begi~ing of lot 3 to end of lot 8. Mr. Monteiro made a motion to endorse as not requiring approval subject to the temporary easement .Being shown and a correction on the locus. Mr. Salemme seconded and the vote WaS ~animotls. ALFRED B. ~ALLAOE - Beverly St. = plan dated Jan. 24, 1977. Board of Appeals variance had been granted on this; no changes of lot lines. Mr. Chepulis made a motion to endorse as not requiring approval and Mr. Monteiro seconded. The vote was unanimous. SCOTT PROPERTIE~ - Penni Lane: plan dated April 15, 1976, revised. Upon motion of Mr. Monteiro and second by Mr. Saleratus the BOARD unanimously voted to endorse the plan as not requiring approval. At 11 P.M. Mr. Saleratus made a motic~ to extend the meeting time another 20 minutes to finish business. Mr. Chepuiis seconded and the vote was unanimous. SCOTT FOLLAN~: re Form "A" of ~eorge Ohongris, ~orest st. Motion was made by Mr. 0hepulis to reconsider the decision on this plan. Mr. Monteiro seconded and the vote was unanimous. Mr. Ohepulis then made a motion to endorse the plan with locus as not requiring approval. Mr. Saleratus seconded and the vote was unanimous. GRN~WOOD WEST Covenant approved and on.file. Conservation Commission Correspondence: Re Land Use Consultant - they are interested in having the whole Town Wetlands mapped. The question arose whether or not the money appropriated could be used for the purpose as suggested. Mr. Turano stated that the law April 18, 1977 - cont. reads that it can be used for this purpose. Mr. Chepulis felt that the townspeople were not under this impression. All letters pertaining to various subdivisic~$were accepted'and are to be placed in the appropriate files. ATTY. DON ~MITN'S LETTER RE JOHNSON CIRCLE: Mr. Monteiro ~sted that a let%er should be written to Johnson Circle Realty Trust stating that the Board will take the boad money if the work is not completed. Mr. Oyr stated th~% we were in the same situation last spring, last ~eptember and we did notify Mr. ~affay. Me came to. an agreement on hQW the work would be done. J. Orowley(?), who works for Gaffny, assured C~; that the work would be completed . A motion was made by Mr. Monteiro to .notify Mr. Smith of receipt of his letter and a letter to J. C. R. T. to complete the road work by April 30 or action will be taken by the BOARD to call in the bond. Mr. Cyr then brought up Raleigh Tavern No. & So., Sorbc, and Sandra Lane which are all incompleted. Letter from American Ins. Co. Re Matses Subdivision Bond: litter read. Letter to be sent to Mmtses re completing work and letter to insurance company stating that Natees has not fulfilled his obligations and the bond cannot be retired at this time. T~0-ACRE ZONING: Mr. Monteiro questioned whether or not an amendment to the Article for Town Meeting w~s necessary to create im,~unity for new lots in R-2. Charles Foster felt that the problem would arise when someone wanted to make an addition to their home - will the banks g~ve them the money without going for a vari~uce? The BOARD concurred to to have a meeting at 12:30 P.M. on April 23rd. at the Middle School to take action for recommendation at Town Meeting. SPINNING ~. EBTATE~- scheduled public hearing for June 6, 1~77. The meeting adjourned at 11:45 P.M. Paul R. Lamprey, Chairman ailda Blacketock, Secretary