HomeMy WebLinkAbout1980-01-07J~narl 7 ~ 1 ?hO - X0~Y)AY
Regular Meeting
The PLINI~rING BOARD held a re.Q~.lar monthly meeting on ?.?onday evening~ J~nuary 7,
1980 at 7:40 P.M. in the To~m Office Meeting Room. The following members were present
smd voting: Uilliam Chepulis, Chairman; John J. Monteiro, Vice-Chairmsm; Paul Hedstrom,
Clerk; Michael P. Roberts; and Joyce A. DiTore.
PLA~,?S }IOT REQUIRI}YG APPROVAL:
1 - S'TA~,~P~P,D RF~LTY TRUST~ Osgood St. - this plan has been through the Board of Appeals
and approved, l'[eeds BO~qRD siomaature for endorse~ent and recording purposes. Motion
made by DiTore to endorse as not requirinE approval trader subdivision control law.
Second by Monteiro and %msm. imous vote.
9 - GR~%T PO~D R~%LTY (TUTTLE), Pteassmt St. - Scott Giles representing mentioned that
it was called to his attention that the signature block was omitted; they will put it
on the pl~. Part of the land is recaller Registry laud ~md part is registered land in
Land Court. Plan shows lots A & B, dated Jan. 3, 1980. Motion by Roberts to endorse
as not requiring approval ~mder subdivision control law subject plato. Second by Di-
Tore and %m~aimous vote.
B. COLSIA RE PRESCOTT ST. DE~fELOP~.~T:
Atty. Schiavoni representing wished to establish a bond. Recommended figures of
~23,OO0 for water and sewer and ~20,800 for surfacing. Letter from Highway ~rveyor
dated Jan. 7, 1980 recommended that this be a private development, but gave ammmt
of $20,800 if the BOARD req~ires a bond figure. He also enclosed a copy of a previous
letter from Nick Nicetta dated Jan. 1973. ~r. Cyr stated that his intent is the same
now as it was back then - that the road be maintained and serviced by the development
going in.
The BOARD members reviewed the plans previously approved ~mder subdivision control law.
Schiavnni said that they would prefer a covenant. Didn't thi~k a bond was in order
where it is a private w~; realized that ~uy amendments would have to come back in to
the BOARD. In attempting to procure a building permit they were referred to the
Planning Board. Susan St. Pierre, Plmmuer, stated that in order for the lots to be
released the covenant must be replaced with security. Chepulis added that they could
put up cash security for a partial release from the covenant. According to the coven-
ant on record and our Subdivision Rules & Regs., the roads and utilities have to be
installed before they can build or convey. Susan also stated that she had checked with
the State on this mud the original conditions cannot be changed without entering into
~%uother public hearing... Schiavoni stated that a further covenant could be established
to insure t~at the road remains private~ but what happens ten years from now we have
no way of knowing. Bud Cyr stated that we have slot of private ways in town now that
get services, but no improvements. Atty. Schiavoni agreed to execute a covenant that
restricts for now and for all time to be recorded in the Registry of Deeds.
Motion by Roberts that the PL~ING BO_~RD agrees to accept the bark passbook in the
amonnt of 943,800 (~20,800 for Highw~ and ~23,000 for BPW) as security on plan of
l~nd recorded in Oct. 1974 for work to be completed to to~m specifications. In addition,
a signed covenant will be submitted by the applicant within ~0 days as outlined by the
BOARD showing that the private way will not receive any town services other than water
and sewer, police s~d fire. Completion date shall be 11-1-82. Monteiro seconded and
2he vote was unanimous.
J~m. 7, !9~0 - cont.
PAUL Ai~.PJI RE WILDWOOD ESTATES ROADWAY MODIFICATION:
Mr. Ahearn was present desirous of making a change in the roadway profile. Bud C~r
stated that there is q%:ite a f~rade in the intersection with Forest St. Should have
provided a slope easement on the way out to the Corner rand the end house should have
had its driveway placed on the other side. He pointed out the slope easement that
Ahearn had obtained on the definitive plan. Ahearn would like to move the paved road
over 3 feet off the 50 ft. riEht of way and. from 3 feet come back into ali~ment at
the cul-de-sac. Catch basins will be shifted ~ lit'tie bit b~t within the same area,
said Cyr. He has no objection to this proposal.
Ahearn to write in for an extension of the completion date.
During discussion about this type of easement, Cyr suggested that a stipulation be
placed on the engineers to provide slope easements.
Upon motion by Monteiro and second by Hedstrom t_hat the recommendations of the Highway
Surveyor be accepted to move the paved portion of the road 3 feet on the approved plan
dated Feb. 24, 1978. _~k~_rther, that "as built" plans be submitted to this BOARD; vote
was %lr~/%i~aous.
RELEASES:
1 - QUAIL RIR,I - cancelled per J. Turtle.
2 - SAL~.I FOREST - no written request received.
3 - ;gNTW~q HILL ESTATES - letter of request from iPr%nk Gelinas for partial release of
~8027.92 for Phase I and $1200 for Phase II. Letter from Cyr dated Jan. 7, 1980
recommending these same amolmts was read. He also suggested that this job be shut down
until whether permits in the spring. ~.!otion by Roberts to release the monies as outlined
in Cyr's letter (see above) with nothing to be r~leased on Phase III. Hedstrom seconded
~ud the vote was umanimous. Motion then made by iMonteiro that the BOARD feels, in the
best interests of all concerned, that this j&~ b~ shut dorm until the weather breaks in
the spring. Secretary to notify Mr. ~g~ns and ienclose a copy of Cyr's letter. He will
not approve any road work done until the spring, i Roberts seconded and the vote was
l~lanimon S.
DEER~DOWDRAI~,IAGE DESIGN: Scott Giles showed pilam to the BOARD dated Jan. 7, 1980.
Easement to be deeded ever to the Town. ~otion ~ Roberts that the easement plan dated
Jam. 7, 1980 for ~. A. Farms be included in m~r ~iles for our records. Monteiro seconded.
~. Chepulis requested that the easement be reco~led and deeded over to the Tovm. Unaui-
molls vote.
DRIVEWAY PL~I: ~%~,~DOW P~. (ACCESS FOR 3 LOTS)- pl.mu dated Jan. 7, ~980. Scott Giles
representing and asked how they should proceed with this plan.becsmse they are aware that
the Subdivision Control law requires one drivew~iper lot. This case is unusual because
Cyr does not want them using the outfall str~cture. They feel it would be better for the
whole subdivisiofi if they crossed the brook only once rather than 3 times at various widths.
The Con. Com. will probably step in on this also. ~u~ Cyr stated he would like to stand
pat on the requirement but this mig~t be ~ better way of getting in there. Mr. Chepulis
commented that the~e lots are already in an approyed subdivision and in order to make
smy waivers it is a major modification of the original approval~and advised him to ftc to
the Con. Com. for their consideration. PLM~IEC BOARD to discuss when they take up
Lyons Way.
Jan. 7, 1980 - cont.
BOARD OF APPEALS LEGAL NOTICES: 1) Joseph !ppolito: motion by Hedstrom and second
by Uonteiro to follow procedures outlined in ZBL. Unanimoz~s vote.
2) R~,y Finocchiaro: Motion by Roberts to contact Cyr regarding road improvements as
a result of this action as per his comment at this meeting. (Cyr stated that ~. Fin-
occhiaro promised the town some land to improve the corner) Second by Monteiro and
~n~limo~s vote,
BO~tRD OF APPEALS DECISION: 397 Realty Trust; on file.
CON. COM. LEGAL NOTICE: Andrew Circle Realty Trust, Ingalls St.; on file.
TOI,~.I WAR~dhrT NOTICE: closing Feb. !1, 1980. There are some errors in the ZBL that
should be corrected which was brought up by the Planner. The Board ofA ppeals and
Planning Board are meeting on Jan. 8 to discuss ponding depths in gravel pits.
Set Date with Highway Surveyor, Con. Com. smd P. B. Re Lyons Way & l~eadow: tenta-
tive date - Jan. 16, 1980.
COI~[TS ON DRAFT OPF2~ SPACE AND P~CRE~ITION ?L~N: public hearings on Jan. 22 & 29.
Susan St. Pierre req~tested that the BO&RD review and make oo~ents before the poblic
hearings. Ail members received copies.
CORRESPONDENCEP~ SELEC~M.~ RE NAMING O? T~ ~YS: letter was read along with a
copy of letter from Town Co~se! to the Selectmen. BOARD agreed that the letter
warrants an answer. Chepulis stated that he still believes in "Home Rule" and, also,
they are adding another obstacle to the subdivision process by requesting that all
street names go before the Board of Selectmen. We don't have the power to tell people
to go to them nothwithstanding that historically they may have named some streets b~t
traditionally the P~kN~IING BOARD has named streets since its inception through subdivi-
sion control. In regard to Town Counsel's comment about the Archdiocesan project,
local inspections have nothing to do with naming of streets. Motion by DiTore to
pursue this letter further with Town Co~msel. Hedstrom seconded and the vote was
unanimous.
LETTER & PRO~V~CT I~20. RE I.YDUSTRIAL DEVELOP~[T PRO,CT, BAY STATE ;~?ESTHESIA: Report
made out to town of Andover~ secretary to send letter asking for correction.
MISCE~LLkNEOU S IZ~ERS:
LEGAL NOTICES FROM TOI'~{S: on file.
WILLOW INDUSTRIAL PARK COVENANT: received and on file.
JA~,~S M. BANNAN, former Planning Board member, passed away last week. Me is to be
remembered for the time and effort spent on the Board. We paid our respects to Mr.
The meeting adjourned at 10:15 P.M.