HomeMy WebLinkAbout1963-08-19M~nday - August 19, 1963
Special Hearing
The Planning Board held a meeting for a special hearing on ¥~nday evening,
August 19, 1963, at 7:30 P.M. Mith the following members present. James M.
Bannan, Chairman; Robert J. Burke, Secretary; Howard Gilman, William Chepults
and George B. Farley. Mr. Farley left early and did not vote on any motions.
HEARING: John D. & Vera M. MacDonald; 7:30 P.~4
This hearing is to sub-divide a tract of land bordering on Great Pond Road, in
accordance with plans submitted. The Board dispensed with reading the lengthy
description of the land involved, since everyone present was familiar with th~
area. There were approximately Lq abutters and residents of the area present.
Atty. John J. Willis represented the petitioners. Arthur Collins, the developer,
and civil engineer George Hayes were also present. The area consists of approx.
58 acres and it is planned to construct some 46 to 48 homes on the site. They
showed complete definitive plans, showing drainage, etc. A 50-foot street is
provided, the entrance being between Brooks School property and Mary Buckley.
They will file a covenant to install sdl utilities. Streets Mill be hot-topped.
Utilities will be underground, Miring, etc., where feasible. All lots contain
the necessary one acre size, as minimum requirements.. Septic t,nk systems come
under the Board of Health.
Thomas Burns, an abutter, questioned the validity of the notice of the hearing~
regarding the time the notice was received, etc. (He refused to show his envelope
or when he received the notice. ) He just wants to be recorded as questioning the
validity of notifying the abutters.
Mr. Yeutter, an abutter, questioned about notifying abutters across the street.
(Note: . They were properly notified.)
There was a genera2 discussion as to notifying abutters, etc.
Mr. Burns then said he was m~Wing a motion to the Chairm~ to adjourn the hearing.
Mr. Barman answered that he will only entertain motions from the members of the
Planning Board.
Mr. Collins, the developer, explained further speaking in behalf of Mr. MacDonald,
that this development wo~ld be a definite advantage to North Andover. All lawS
will be strictly adhered to. They will not release any of the lots until all has
been completed. It is not a piece-meal sub-division. This development will have
some of the finest homes in North Andover. They will meet the highest possible
standards. Everybody concerned in the area will be very proud of the area when
it is completed.
Mr. Burns then asked "What do we know about Mr. MacDonald?". and there was a
discussion Mith Atty. Willis as to background, etc.
Mr. Collins explained as to what guarantee and controls we will have. When you
purchase a piece of land and spend $10,OO0 for engineers and plans and then
hundreds of thousands for printing, etc. then you will have a good development,
We feel certain that this area lends itself to an expensive type of home which
Mill be carried out completely for everyone's benefit and to protect their
investment. He further explained that Mr. MacDonald is a developer of commercial
enterprises. He is the developer of Woodridge in Andover which has 53 house lots.
Atty. Benson Stulges will show that everything meets all requirements. The Andover
Planning Board is very pleased with his sub-division in Andover.
August 19, 1963 -Cont.
Mr. Yeutter questioned whether the 50 feet access met the requirements.
Mr. Hayes, the engineer, explained that it did, in fact 70 feet plus a recorded
easement from the Buckley land was more than adequate.
Mr. Burns asked if it had been passed by the Board of Health.
Mr. Willis said the Board of Health conducted a survey, which was filed May 6th, and
has to be acted on 60 days after.
Mr. Bannan explained that one of the Planning Board's requirements is that all lots
must meet the requirements of the Board of Health.
Mr. Willis said the number of houses will be determined by the number of permits
from the Board of Health. Every lot must be submitted individually to the Board of
Health because it is located within the water shed. They have to have the pe~it
of ~be Board of Health before the Buil~-g Inspector will issue a building permit.
Mr. Barman explained that the preliminary plan is so that the Board may m~_ke any
necessary changes before the final plans. For the street, it is between the builder
and the Highway Dept. where and how they will dispose of excess water. If the
Highway Dept. can be satisfied it is all right with the Planning Board.
Mr. Yeutter said he doesn't have much faith in what the Highway Dept. says because
there has been a problem there for some time. There will be more water on my
property.
Mr. Gilman questioned Mr. Yeutter a~x~t his having a dam on his property.
Mr. Yeutter said the dam was there when he bought the property. There was then a
discussion about the so-called "dam" on Mr. Yeutter's property.
Mr. Barman said that drainage is u~der the jurisdiction of the Highway Dept.
Mr. Burns questioned other Board's approvals.
Atty. Willis explained that the Board of Health is concerned with the septic system
of the area. The Board of Public Works would be interested with respect to water
and fire hydrants, etc. Nothing is completely done on the land until cove~-~ts have
been ~atisfied. We are adhereing in every respect to all requirements of the town.
This is a matter of basic rights uader the Constitution. If a perso~ meets all
requirements as to a sub-division, then there is no reason wh~ it should be denied
them.
Mr. Yeutter said he would be very happy to see a good development, but Cue of the
weaknesses there is the drainage.
Atty. Willis said Mr. Bur~s and Mr. Yeutter are experiencing water problems now
before the development. We will provide drainage which will ha~p better the condition
and will comply with the requirements of drainage..
Mr. Ysutter asked if there ware provisions for storm drains.
Atty. Willis said there are.
A ,woman spectator questioned leeching fields. Mr. Collins and Mr. Eayes explained how
August 19, 1963 - Cont.
they w~rked.
Atty. Willis said the restrictions are getting even stricter now as to septic tank
systems. The state has to approve also.
Mr. Be,,~ said they have no way of knewing what lots may be approved.
Atty. Willis said the Town has provided for all sorts of protection. Does it meet
the requirements of the Sub-division Control Law, etc.; and we will comply with
all conditions in every respect.
lit. Gilmore made a motion to take the petition under advisement. Mr. Burke seconded
the motion a~d the vote was
BOTLAN:
Mrs. Baldwin asked the Board to notify her of any hearings for Vincent Boylan.
Mr. Burke read a letter from the Board of Appeals about looking at plans for a gasoline
se;~vlce station for Theodore I. FreiJe.
After a short discussion, Mr. Burke made a motion to ~rite to the Board cf Appeals
that it is not within our Jurisdiction over this matter and it is up to your Board
to m~e a decision. Mr. Gilman seconded the motion and the vote was unanimous.
ZOI~iNG BYLAWS:
The Board discussed the completed re-pre-tings of the Zoning By-Laws. Mr. B--~-~
said the book is costing better than $1.00 apiece. Town boards and organizations
should.~et free copies. Copies for the townspeople, we can designate the Torn Clerk
to hold~ them and charge for them.
Mr. Gilman said he doesn't see how we can charge when the meney w~s appropriated at
?c~a Meeting.
Mr. Burke said the money was appropriated and every taxpayer is entitled to one.
(Nothing def~ntte will bedeoided unttl the Town Clerk returns in two weeks. In the
meantime, they will be kept locked up).
MAC-DONALD HEAKING:
Mr. Burke made a motion to approve the Sub-division plans, subject to restrictions.
Mr. Gilm~_n secanded the motion and the vote was unanimous.
The restrictions are as fo]loess
1. Approval of the Board of Health on each lot.
2. Approval of the Highway Dept. in writing as to construction of roads and disposal
of surface drainage.
3. Approval of the Dept. of Public Works of water installations.
4. Fire Dept. approval of hydrant and fire alarm box placements.
5. Filing of suitable covenant to flzlfill all requiremente.
19, 1963 - Co~t.
The pla~s will he sig~ed 20 days after the Hearing.
The ~oard sig~e~ the f~llowimg bills:
Eat~' s ~l~i~t
N.E. Tel. & Tel.
Am~a Dona~ie
T~e Mac Pre~ (Pri~tiag ~y-Laws)
(Divi~ed imt~ 3 a~¢oua%a)
as per T~m Accoumta~t)
~13.00
8.35
17.00
3~8.93
229. O~
i67.00