HomeMy WebLinkAbout1972-11-20Monday- Movenbar 20, 1972
3 Subdivision Hear.in~s
The PLANNI~ BOARD held a special meeting on MopMay evening, Movember 20,
1972 at 7=30 P.M. in the Town Office Buil~ug ~ith the following members present
and voting= 0harles W. Trembly, Jr., O~man; Donald N. Keirstead, Vice Chairman;
Fritz Ostherr, Olerk~ William 0hepulis and John J. Monteiro.
There were over 50 people present so that the meeting was adjourned to the Fire
Station meeting room.
1. HSARI~I~= Walter P. Hughes - Townhouse Subdivision.
Mr. Ostherr read the legal notice upon the petition of Walter P. Hughest re-
questing approval as a subdivision a parcel of land cont~4w~ng 7.2~acres, approx.,
off Prescott Street at the northwest corner of Ohickering Road.
Chairman Trombly read a letter from Mary Seldon, an i~mediate abutter-living in
Ann Arbor, ~ichigan, vho suggested that the Board not approve 'the subdivision until
she knows more about what is planned.
J. Elaine Griffin, Ohickering Road, stated that she is not for or againWt the pro-
posal, but she wants to be sure that the entrance is to be from Prescott Street and
not Chickering Road.
Walter Stamp, Jr., P~escett Street, stated that plans are not complete and-that until
proper plans have been presented, the hearing should be delayed.
Mr. Keirstead noted that definitive plans have not been submitted .and that nothing
further can be dope. ~r. Monteiro suggested that objections would still be in
order.
Nicholas Evangeloe, 126 Pre.scott St., questioned the drainage ef the area immediately
adjoining his prop.erty. He feel there will still be a problem where the la~ abuts.
He wants to know if the esthetics of the ,area will be maC.rained, how many trees will
be removed, etc.
· The petitioner, Walter Hughes and the engineer, John Oallahaa, arri~ad. Mr. Ca~lahan
proceeded to explain the plans submitted. He stated he had discussed with the
BuildAn~ Tn__~pector the space between the b,,~l&4-~*s, and that integration of the
Zoning By-law now requires 2~ feet from the lot ]~me to the b,,!]~S, making 50' feet
between buildings and the plans now show that along with the proper lot frontage and
area. The to~nhouse complex ~ be made up of 31 units. They have adequate
. utilities. They will follow the natural dr~t~age where possible and they want to
keep the trees and .natural topography of the area. They have also developed a
recreation area. The units will be available to elderly people, who will also have
use of the medical services of the'nursing h$mo.. Mr.. Hughes f~rther exp]~wed that
the townhouse complex ~ould be used in conjunction with the nursing home. He
believes the plans now meet all requirements as to subdivision and ~ening.
Mr. Evangelos was concerned about the care of t~e' grounds because the presant nursing
home is poorly kept. Mr. Hughes explained that he will have ~mership ia the town-
house development but ~t .~ith the nursing home.
Mr. Weirstead explained that before any actica is taken by the Board, the sub-
division plans are referred to various departments for recom~endetioma from them
and that co~i~tions can be at%'ached ~o the ~decisiOn.
November 20, 1972- cont.
Mr. Stamp asked about the townhouse development being under joint ownership and
condominiums. .
Mr. Keirstead explained t~t condomtn_~um is a type of ownership and that it is not
the Boardts concern as to how the land is sold. The lots as shown meet the ~oning
requirements. The roadway, water, dr~,~-age, etc. are the concern of the Planning
Board and that they are done properly. Dr~-~ge, water and sewer will be re-
ferred to the proper departments. These facilities are not presently shown on the
p~anS ·
Mr. Xeirs~ead made a motion to adjourn the hearing and continue it on D~cember
on the condition that c~mpleted pl_~ns are in the ae*~= Planning Board office by
November 27th. Mr. Monteiro seconded the motion and the vot~ was unaP_im~us.
Nancy Stevenson, Colgate Drive,' asked if these units would be avaiIable only to
the elderly. Mr. Hughes said they would Iike to sell them ~ to the elderly
but that they could be av~_~able to others.
2. ~A~I~: Chester C. $,,]14van; Salem Street Subdivision.
Mr. Oetherr road the legal notice upon the petition of 0hester C. S,,ll~van,
requesting approval as a subdivision a parcel of land cont-~n~ug 9 lots, on Salem
Street, land formerly of Peterson. .
Atty. ,Xevin Sullivan, 1350 M~ St., Tewksbury, spoke as representing Chester
Sullivan. Mr. Morris, the engineer, was also present. Atty. tulliv_~ said they
propose to construct homes in the vie~_~ty of $~0,000. They have had percolation
tests made by Sanitary Engineer Driscoll. The development contains 9 lots of
25,000 sq. ft. or more.
The Board noted' that the brook should be shown on the plan with a drainage
.easement. The lots should also be renumberad.
Shirley Jackson, Salem Street, lives across the street and said that area is wet
9 months out of the year. They are still fightin~ with the town because of the
drainage problem the n~ew street caused. Their driveway gets flooded.
Mr. Morris, the engineer, said the drainage is framing to the rear of ~he sub-
division to the brook.
Mr. Jackson Said they~ are having j~reblems with sewerage with one acre of land.
~hat problems will there be o~ 1/2 acre lots?
Discussion was held on the Hatch & Jones Act and ~etlands. Atty. Sullivan said
10 perc tests were made on the front lots.
Mrs. JaCkSon asked why they were re-z~ned and the lots made smaller. Mr. Keir-
stead expl~ed that the Board felt that facilities would be extended and that
large lots would, not be necessary.
Jeme~ Kenney, S~le~ tt.~ asked if the town would maintain the roadway. Mr.
Chepulis explained that the Highway Dept. usually plows the road and services
and collections are made after homes are b,~t but that the street has to be
accepted by the town before maintenance of the roadway is done by the town.
November 20, 1972- cont.
Mr. Xeirstead made a motion to adjourn the hearing uatil Dec. ~th with the
condition that cc=pleted plans are submitted by Ney. 27th. Mr. Monteiro
seconded the motion and the vote was unanimous.
The plan~ should show utility impr~ements, hydrants, the brook, re~m~eriug of
lots, correct frontage on lot t3, profile, cross section of roadway.
3. HEARI~: Richard F. Beason; "Johnson Circle" Subdivision.
Mr. OetherT read the legal notice upon the petition of Richard F. Be~son
requesting approval as a subdivision of a parcel of land contnt-4-g 16 lets,
approx. 12.63 acres, on Johnson Street known as "Johnson Circle".
Atty. John J. Willis appeared for the petitioner, who was ~ present. Scott
Giles, the engineer, was also present.
Atty. W~l~s explained that there are 16 lots in the subdivision; they have pro-
vided for the continuance of the roadway , if it is ever possible to extend the
road. He showed the u(~lities plan and explaimed they will build a ]~t station
to provide sewerage 'facilities to connect to the manhole on Johnson Street.
There is a brook that ends to the rear of the property and Joins another brook
on the cemetery property. They will pick up the brook on the southerly boundary
to the rear of lot ~12, to pipe the brook where it ends at the turnaround. The
brook will be widened, cleaned and more defined; and will pick up all the water
of the area. The brook is now about 3 feet. deep; after the improvements, it
~ould be ~-5 feet deep. -The Lift statio~.~es been dasi~ned to handle the ~ire
subdivision. The turnaround ts 900 feet~wice the diameter of what iS required.
The development meets all of the require~hnts of the 3ubdivision Rules and Regu-
lations. $ catch basins are sho~n; Rt. Nicetta requested a catch basin at ~
Johnson St., which ~ be done. All as explained by Mr. Giles, the e~gineer.
Atty. ~illis said that if there is no proposal to change the .flow of the brook,
then it does not come under the Hatch Act.
Mr. Xeirstead said that the Planning Beard does have the authority to require an
easement to preserve the dr_a~nage way of. existing brooks. He would like sene
outside informatic~ before any action is taken by the Planning Beard on this
petition. , ,
Atty. Clifford E. Elias spoke as representing the Trustees of Ridgewood Cemetery,
Judge Arthur Thomson, Francis B. Xittredge & Mr. Rockwell, who were n~ ~ present;
and Henry Donoven, an immediate abutter also. They are concerned that the develop-
ment will alter the water table and flow of surface water so that 3 or ~ lots would
not be useable ~nd would affect the Donovan property and the cemetery property.
He read sections of the Subdivision Rules and Regulations and cited violations.
The only plan.avail'able in the office was the lot layout. No profile, tope-
graphic and contour plans had been sumbitted. This plan is not properly before
the Board. Ail the requirements for filing have not been met. Another section
says that roads shall not be longer than 500 feet; this roadway is longer. The
Board should consider any re-location of water,aye and?have proteetion of natural
features. Abutters are particularly concerned about adequate disposal of surface
water. Lots ?, 8, 9 & 10 are in a wet area. Actual construction and clearing of
the' land will accelerate the water flow. The brook presently overflows 30 feet
November 20, 1972 - cont.
on either side in the Spring. He questions whether the channeling will be
effective. He would like more time for an engineering study to determine whether
the'drainage will be taken care of. He thinks the Hetch-Jones Act does apply to
this situation. He is registering vigorous opposition to this petition.
Mr. Keirstead said the pl~s and forms were submitted to the Planning Board on
November 1st so that action must be takembefore December 30th.
Mr. Willis said that plans were hand-deliveredbyhimtoAtty. Elias and this
project had been discussed with Mr. Doncvan and the Ridgewcod Cemetery trustees
2 weeks before. He said there could be no objection if the brook was piped.
The Board's concern is to the parcel itself; the petitioner has met all of the
requirements.
Atty. Elias questioned whether a 30" pipe would be adequate to take any flow.
Scott Giles, the engineer, said the present pipe is full of muck and has not
been properly maintained.
Atty. Elias said he is not objecting to the entire subdivision. He is objecting
to the re-location of brooks and change in weter table.
~r. Henry Donovan said he is concerned on a conservation point- this is wetland
and should not be built upon.
Walter Detour, 250 Johnson Street and Anthony L. lqy, Johnson Street, also felt
this development comes under the Hatch-Jones Act.
Arthur Sullivan, 280 Johnson St., questioned what type of power would be used on
the lift of approx. 70-90 ft.; what happens in case of power failure? Mr. Giles
explained that there would be an au~iary gas unit to pump it.
Atty. Willis explained that this is the first time a developer has offered such
a system and the town should be pleased with such a proposal.
Mr. Keirstead expl~ed that the lift station would be m~tained by the town
after the street is accepted.
Mr. L~lly said he was not objecting to the subdivision but was concerned about
how it would be developed.
Atty. Willis expl~f~ed that he had bee~ to the Planning Board at a previous meeting
to discuss the length of the roadway and the Board had agreed that the length as
requested w~uld be all right.
Mr. Keirstead made a motion to take the petition under advisement; Mr. Monteiro
seconded the motion and the vote was unanimous.
SPECIAL TOWNN~E. TI~:
The Selectmen called the Special TowaMeeting for December 18th. Mr. Keirstead
made a motion to set a hearing on the proposed zoning amendment articles for Wed.
December 13th at the High School Auditorium; Mr. Monteiro seconded the motion and
the vote was unanimous.
November 20, 1972 - cont.
PP~.IMINART PLANS: Stevens Mill Area.
Atty. John Willis presented prelim~m~li~---- the Board of the
Stevens Mill area. After discussion of the plans submitted, Mr. Ostherrmade
a motion to grant tentative approval to the plan entitled "Preliminary Plan of
Land entitled Brookshire Village located in NorthAndover, Mass. belonging to
Stevens Pond Associates# dated November 13, 1972; Mr. Honteiro seconded the
motion and the vote was unanimous.
PRav.IMINARY PLANS: Andrew Sorbo, off Andover St.
Mr. Esposito of the Pembroke Lsnd 'Survey Co. presented preliminary sub-
diVision plans for the applicant Andrew Sorbo, for a development off;Andover
Street on the Melamed land.
Mr. Keirstead made a motion to refer the matter to the Subdivision Control Sub-
committee (Honteiro & Chepulis) for recommendations and report at the next
meeting on December ~th; Mr. Monteiro seconded the motion and the vote was unani-
MOUS.
"JOHNSON CIRCLE" SUBDIVISION:
Mr. Keirstead made a motion to refer the "Johnson Circle" subdivision, for
recommendations, to the Essex 0ounty Conservation Commission; Mr. Monteiro .
seconded the motion and the vote was unanimous.
Mr. Keirstead made another motion to refer the subdivision,~for reports, to the
Board of Public Works, Highway Surveyor, Board of Health and Conservation
Commission; Mr. Monteiro seconded the motion and the vote was unanimous.
PLANS NOTREQUIRINGPLAN~INGBOARDAPPROVAL:
Mr. Kairstead made a motion to sign the following plans as not requiring
Plannin~ Board approval under the Subdivision Control Law; Mr. Monteiro seconded
the motion and the vote was unanimous.
1. Thomas J. Flatley, Braintree - land off Andover Street.
2. Davis & Furber Machine Co. - land at the corner of Elm & Water streets.
The meeting adjourned at 11:30 P.M.
Chairman
(Charles W. Trembly, Jr.)
Secretary