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HomeMy WebLinkAbout1977-06-06June 6, '1977 - MONDAY Regular Meeting The PLANNING BOARD held a regular monthly meeting on Monday evening, June 6, 1977 at 7:30 P.M. in the Town Office Meeting Room. The following members were present and voting: William N. Salemme, Vice-Chairman; William Chepulis; John J. Monteiro; and Michael P. Roberts, Clerk. There were 20 visitors present. PUBLIC HEARING: DOUGLAS DRIVE (Douglas Wilson) - The legal notice was read by Mr. Monteiro. Atty. Michael Morris, 316 Essex St., appeared for ~r. & Mrs. Wilson, Lisa Lane. He told the BOARD that this plan is an off-shoot of a plan originally submitted 4 years ~go. It is m~ understanding, he said, that the primary reasons for denial at that time were serious drainage Problems. Mr. Wilson and his engineer, Ralph Esposito, have re- worked the land to a far less project in size. Mr. Espcsitc stated ~bat they tried to eliminate the problem areas as much as possible and lef~ a remaining lot of 13 acres at the end of the proposed road, some chaa~es in ~he drainage and ultimate outfall. At present he has no plans for the development of said 13 acres. OPPOSITIC$I: George Fitzpatrick, abutter, referred to letter written by a number of abutters from Jay Rd., Mark Rd., Rea St. Opinion was that even though the subdivision is smaller it will still effect the area. Asked if the plans show municipal water - no, individual wells and septics. Robt. Mazlden, 111 Rea St., Philip Sullivan, Jay Rd. voiced concerns about drainage. William Woodcock, Rea St. spoke about the same subject as above, existing water problems, soil conditions, etc. Mr. Salemme read letter from Bd. of Health dated June 6, 1977 and referred to another letter of March, 1974. It was noted that the 1977 plan shows perc tests taken in 1973. Discussion regarding catmh basins at the cul-de-sac and which way drainage was supposed to go. Mr. Chepulis asked where the steady trickle of water comes from in the set of catch basins outside the right of way - Esposito answered that it is possibly from the swale. Ron Wilson, son of the petitiouer, stated thati he would like to build a house on the land. The people said, in 19741 that they had no objection to the 10 lots we are now proposing. Mr. Monteiro stated that he did not think it WSs a question of the number of lots at this time, but the condition of the area. i The Vice-Chairman read the letters from the Town Depts. - BPW, Highway, & Fire. Mr. Madden questioned Cyr's request for a catch basin at the entrance of Douglas Drive because he felt it would collect that much mor~ water down below. Mr. Cyr's reason was it would help during winter months but after listening to the people asked that those downstream give the Town the necessary easemen~ so the water could be channeled for better control. He had renewed the colvert downstream which is sufficient to carry any water from behind Jay Rd. Would be willing to go back and look at downstream behind the houses to modify the problem. Mr. Chepulis suggested that the BOARD require the results of the perc tests. Mr. MOnteiro felt that the petitioner should withdraw his plan without prejudice and somehow work with the abutters and Mr. Cyr; otherwise, he said he was ready to make a motion. Atty. Norris asked if it was necessary to withdr~w - he could extend the time limit. Mr. Morris then authorized a time ex-tension until July 22. The extension would be put in writing for record purposes. Mr. Salemme wanted the Subdivision Control Subcommittee to be con- tacted during deliberations in order that they may report back to the BOARD. Notion made by Nonteiro to continue the hearing until Julyi 18th pending receipt of the extension of June 6, 1977 - c~nt. time in writing and abutters shall be notified of the continued hearing. Second by Roberts and unanimous vote. Bill Gale, 30 Ja~ Rd., voiced opposition to a swale and showed snap shots of his property denoting wetland. Mr. Wilson, Lisa Lane, stated tb_~:t her husband was not allowed to go %0 the meetings that the neighbors had. Mr. Gale stated that he came %0 2 meetings but %he proposal was not equitable because he wanted to dig a ditch on Gale's baokya~d. Ban%er back and forth occurred between he and Mrs. Wilson. Mr. Woodcock stated that he is not in favor of anything that will lower the water table in that area. V. Savukinas, 41 Mark Rd. asked if the problem of water flow t~ard Johnson St. and lower 5 lots would be taken care of, concerned about septic systems and the storm drains. Joe Gia~d stated that he opposed Mark Rd. and the same thing happened that is happening here tonight. Shields fully exposed the drain then$ it was supposed to be taken care of. Mr. Roberts amended the mo%ion that the abutters should be notified 5-10 days prior to the hearing continuance. Second by Monteiro and unanimous vote. Minutes of 11/1, 11/15 and 11/29: Motion by Nonteiro to accept the minutes. Salemme seconded with 3 voting in favor. Chepulis and Roberts abstained. PLAd~S NOT REQUIRING APPROVAL: 1 - FRANCIS TROMBLY, Hillside Rd. - Chas. W. Trombly, Sr., Attorney, representing stated that the part on Rte. 125 was rezoned at Town Meeting. As we told you at the time we would come back with 2 lots on Hillside Rd.; one lot of 2.59 acres to be conveyed with plan showing easement for drainage to Brook; also shows lots B & C and easement back to drainage ditch; lot A to be conveyed. Chepulis questioned where the 20 ft. drainage easement was to go - Trombly said, where God put it, there is one in e×istence now and with this one Cyr can tie in. Motion by Salemme to endorse as not requiring approval under subdivision control law plan of land in N. A., Ma. for Francis Trombly, dated Feb. 14, 1977. Monteiro seconded and the vote was unanimous. ~. Trombly asked if re-endorsement could be made on plan brought in on Oct. 16th be- cause it did not get recorded. Motion by Monteiro to authorize Salemme to re-endorse the plan. Chepulis seconded and the vote was unanimous. GEORGE FARR - REQUEST FOR BOND RELF~SE: Motion made by Monteiro and no second received to allow a bond release in accordance with Cyr's letter of Feb. 7th recommending $3500. Discussion; Monteiro withdrew his motion because the BOARD felt that before action is taken it ought to h~ve some doot~ment on file. Monteiro then made a motion to t~ble the matter, second by Roberts, unanimous vote. REPORT FROM HIGHWAY SURVEYOR ON VOUNESSEA EASEMENT: letter dated June 6, 1977 not recommending any further releases. Motion by Monteiro to table the matter; second by Roberts. Roberts stated agreement with Cyr in that if someone is not fulfilling his obligation (in this case J. Tuttle) to a town Board we should be tough on them by scrutinizing things as much as possible. Cyr suggested that the next time we ~re in a situation like this the Town should get it in writing or ~ bond to ensure that the work will be done. Unanimous vote on motion. June 6, 1977 - cont. GREAT POND WOODLAND: Letter dated June 3 from~John Tuttle was read. Mr. Cyr told the membership that he had an appointment with Turtle to settle something before he entertains any release. Notion by Monteiro, second by Salemme to deny the request due to Highway Surveyor recommendation. Unanimous vote. JORN WARLICK: CAMPION.HALL PRELIMINARY PLaN - Frank Gelinas said he had hoped to ex- pedite processing the plan, walking the site. i Lamprey told him that the BOARD's work- load has been kind of heavy in the last month or so and we are one week behind on all of our hearings because we did not have a quorum. Chepulis stated that he probably wouldn't be able to walk the site until June 18th. Warlick said that it is problem with time for him. BOARD set date for site walk for June 18 at 8 A.M. Mr. Warlick said that he wan considering removing some road frontage on Campion Hall in July and if that were done would it effect his preliminary plan. Mr. Lamprey stated that is not a decision the BOARD could make without going to Town Counsel. WarliCk then asked, if some of the 16 lots are out offiwould it void his preliminary plan but did not pursue the question. BOND SUBMITTAL -GB~OOD ~'~ST: letter datedJDne 6 from Victor Harem was read. Letter- from Highway Surveyor dated June 6 was also read. Hatem was present and asked to set an amount for the BPW and Highway. Motion by Nonteiro to so designate a figure as recommended by the BPW in the amount of $45,000 and Highway in amount of $55,000, with a completion date of Oct. 1, 1978. Second by Salemme. Harem said they would like to record the plan submitted tonight as a matter of construction of the ways because Land Court is much more stringent. Unanimous vote. Note: Hatem to record the plan and then put the number on the agreement. This number to be received before the Chairman signs. DECISION: PADDOCK ESTATES - Chepulis asked Gelinas question about distance of turn- around, couldn't find it on the plan; also pond and easement to tie in the drainage; did Gelinas pursue the obtaining of water from Andover - yes, they are receptive but would rather deal with Towns than private developers and felt that N. A. should make similar arrangements with its own water supply!rather than go into elaborate plan with Andover. Notion made by Chepulis to approve the definitive plan with the usual boiler plate conditions except that BPW is not involved plus on Lot 5 the 20 ft. drainage easement be extended to the end of the lot; that the stations be shown from the proposed road; that the size of the lots be stated in square footage; that a 20 ft. easement be shown on the westerly side of lot 7 for the en~ire length of the lot; that the Highway Dept. letter be incorporated except for statement which reads "this subdivision should connect to Gray St., if at all possible" and in order to accommodate the drainage pick- up by catch basins at intersection of Paddock Lane and Boston St. a 20 ft. easement be shown on the southeast side of lot 1 from the entrance of the cul-de-sac that crosses Boston St.; that significant trees shall not be removed, damaged, or destroyed; that, if existing, the ponding area shall be shown on lot 7; pert tests shall be certified by a registeredprofessional engineer; no work !shall be done in the subdivision until security in the form of a bond or covenant has been duly recorded and the plans are signed and recorded ( this last condition to made standard fr~m now on). Salemme seconded. During discussion Nr. Nonteiro stated that he opposes the subdivision because there is no water and this matter could be taken care of, was not satisfied with the reasons of developer, and agreed with Mr. Cyr that somethiug could be donel VOTE: ~-1 with Mr. Nonteiro in opposition. CORP~ESPONDENCE: BOARD OF PUBLIC WORKS RE LAKE STUDY COMMITTEE - letter dated May 26, 1977; meeting to be held on June 14, 1977. As many as possible from the membership will attend. Lamprey June 6, 1977 (MeSsers/Sale~ae, Chepulis, Monteiro & Roberts) Discussion of CAMPION ~ALL PR~.i~INARY PLAN: Hr. Gelinas said he had hoped to expedite the processing of the plan, walking the site. Mr. Lamprey told him that the PLANNIN~ BOARD work loa~ has been quite heavy in the past mo~th or so, we are one week ~ehi~d on all of our hearings. Hr. 0hepulis told Messers Warlick and ~elinas that he probably wouldn't be able to walk the site until ~une 18th. ~r. Warliek stated that it is a problem with money as far as time is concerned. He asked about someone else being Before the BOARD and ~h~t had happened. The BOARD told him that there was no formal request before them. The parties involved then set a date to walk the site - June 18, ~977 at 8 A.M. Mr. ~rlick said that he was considering removing some road frontage on Campiom in July and if that were done would it affect his preliminary plan. ~r. Lamprey stated that is not a decision the ]~0ARD could ma~e without going to Town Counsel. ~r. Warlick then asked, if some of the ~6 lots are cut off would it void his preliminary plan but did not pursue the question. June 6, 1977 - cont. ~ CHARLES ~hlTSES RE SUTTON INDUSTRIAL PAPJ( - letter dated Nay 5, 1977 asking for reason why they cannot cancel the bond. There is a problem that the drainage had not been completed, said Lamprey. Also, there are no stone bounds. C~ commented that they proceeded to hot top the road over and above our heads. He had met with John Willis and Matses weeks ago and, at that time, 5Iatses said he would put in the stone bounds and that he had done the road the way Nicetta wanted it. 5~r. Casale is happy but other than that Perini took the easement and they were going to hot top the road whether we liked it or not. Basically, he said, the road is not bad. ~latter referred to Subdivision Control Subcommittee for next regular meeting on June 20th. ~ch discussion took place regarding bonds, completion of roads, etc. Cyr brought up Stiles St. and 01d Boston Rd. which he claims is a p~blic way. Stiles St. is shown with houses going right through it. Mr. Roberts felt that the BOARD could be as weak or as powerful as it wants because legislation is changing all the time. COPIES OF LETTERS FROM BOARD OF SELEC~VAND SCOTT PROPERTIES REFUNDS FOR RECONSTRUC- TION 0F LACY ST. - received, read, and on file. ATTY. KIMBALL RE LOT D, GROSVENOR AVE - letter dated May 5th was~read. ESSEX CONSERVATION DISTRICT SOIL SURVEY SEMINAR - June 22 date so noted. MISCELLANEOUS MATTERS: SOLID WASTE WORKSHOP BY MVPC ON JUNE ~, 1977 at NECCO so noted. The meeting adjourned at 12 midnight. Paul R. Lamprey Gilda Blaokstock Chair~%~n Secretary