HomeMy WebLinkAbout1973-04-02Mondax - April 2, 1973
Regular Meeting -
The PLANNIH} BOARD held its regular meeting on Monday evening, ~April 2, 1973
at 7:30 P.M. in the To~n Office Building meeting room. The following me~bers
were present and voting.- William Chep,,l~s, Chairman~ John J. Monteiro, Vice Chair-
man; Paul R. Lamprey, Clerk; Donald N., Keiretead and Fritz Ostherr.
There were approximately 30 people present for the meeting.
Mr. Ostherr made a motion to accep~ the minutes of the previous meeting; Mr.
Keirstead seconded the motion and the vote was unanimous.
"JOHNSON CIRCLE" ~UBDIVI$ION:
Scott Giles was present and submitted the linens of the approved subdivision
as had been requested by the Board. Mr. Chepulis explained that official notice
of approval of the subdivision was not given to the Town Clerk a~d would not be
until the Board received the necessary linens of the plans. The time will start
running fro~ ~he date the decision is filed with the Town 01erk.
Mr. Keirstead noted that there should be an easement shown on the plans on the
lines at the end of the turnaround.
Mr. Monteiro pointed out that Mr. Cyr, the new Nighway Surveyor was present and
that he should be considered on all of the subdivisions. Mr. Cyr said he had
looked at the situation and that he wished he would have been able to have some-
thing to say and that he would like to have an opportunity to take part.
"SALEM GARDENS" SUBDIVISION:
Mr. Monteiro reported that the Highway Surveyor and the Bldg. Inspector had
viewed the area with the Subdivision Control Sub-con~ittee (Monteiro & Ostherr).
The Board went over the several suggested changes and found that they had all
been met. Mr. Ostherr suggested that the two proposed catch basins on Salem Street
be relocated within the entrance to Barman Drive and be connected to the other
catch basina withinthe subdivision. This could be made a part of the conditions
of approval.
Mr. Monteiro recommended disapproval of the plans because the developer did not
meet the requirements on page 8 of the Subdivision Rules & Regulations; Section
B, 1 (d). Mr. Keirstead said that this subdivision does not come in under the
new regulations.
Mr. Ostherr said that it should be called to the attention of the developer that
the Board does not endorse each and every lot because they did not meet the
percolation tests.
Highway Surveyor Oyrthi~ks half of the lots would be no more thananopen sewerage
ditch to Mosquito Brook.
Mr. Monteiro feels this development is not good for the health, safety and welfare
of the town and he would deny it on that basis.
Mr. Monteiro then made a motion to der~ the subdivision.
April 2, 1973 - cont.
Mr. Keirstead read the statute as to the Board's requirements to state reasons
for disapproval.
Mr. Lamprey seconded th~ motion.
Robert Morris, the engineer for the d~velo~ment, asked What reasons the Board
was denying the subdivision. Mr. Monteiro said the first par~ of Section 81-~
of the GeneralLaws having to do with the health, safety and welfare on the
inhabitants of the town, inadequate perc tests and the drainage problems that
cannot be taken care of by the developer.
The vote was 2 to deny; Monteiro and Lamprey and 3 votes against the motiBn;
Keirstead, Ostherr and Ohepulis. The motion failed.
Mr. Keirstead then made a motion to approve the subdivisibn subject to the usual
conditions and the relocation of the two catch basip~ as stated earlier; Mr.
Ostherr seconded the motion and the vote was 3 votes for approval; Keirstoad,
Ostherr andOhepulis and 2votes against approval; Monteiro and Lamprey. The
subdivision receivedapprovalby a majority vote.
"APPLEDORE" SUBDIVISION:
Atty. Victor Harem appeared.before the Board to discuss the preliminary
subdivision plans of the "Apple~r~" development. A large number of the residents
of the area were present'
The development comprises 31 lots; 'Discussionwas held on the septic system a~M
the possibility of a lift station also being used. Mr. Harem said that perc tests
will be taken on the development before arching more is done.
Highway Surveyor Cyr asked what percentage grade would the slopes be. 9% grade is
proposed and Mr. Cyr said he is concerned with water run-off and erosion of the
shoulders of the road withthat percentage; the culverts will not handle the run-.
off. Plowing is no problem. He would like to see granite curbing. He said there
should be a 25 ft. leveling-off space at the intersection of the circle.
Mr. Harem said granite curbing would be very expensive. Mr. C~ said he is saving
the developer alot by going along with a 9% grade so that he should be willing to
go along with granite curbing. He would rather have a 6% grade but would agree to
9% and granite curbing. He said there should be a sleuthway besides the width of
the roadway and granite berm.
The Board questioned the status of Glen Road, as to whether or not it was on a
previously approved subdivision.
James Cunningham, Sandra Lane, and other neighbors were concerned that the character
of the neighborhood was being changed and that Sandra Lane should not be extended
through this subdivision. There are many children in the area and they are con-
corned with their safety if traffic in the area is increased. Lengthy discussion
was held.
Mr. Keirstead felt that the preliminary plans presented were not complete as required
in the Subdivision Rules & Regulations.
April 2, 1973 - cont.
Mr. Hatem asked if the 85ard would go over the plans and come up with something
definite. Mr. Xeirstead said they could give tentative approval 'to the grades
of the roads only, with conditions of the berm, etc. Mr. Chepulis said he is
very concerned about the 9% grade and he felt mole time was needed. He asked ±f
an extension of time would be allowed. Mr. Harem said he would grant the Board
a 30-day extension.
Mr. Keirstead made a motion to r~fer the plans to the Subdivision Control Sub-
committee and establish their recommendations based on this evening's discussion
and follow the recommendations of the co~mmittee; report to be made at the ~ay 7th
meeting.
Mr. Chepulis read letters received from several Of the departments to wkich the
plans had been referred. The Bldg. Inspector reported that the subdivision conforms
to zoning.
Mr. Ostherr seconded the motion and the vote was unanimous. The Sub-committee,
Highway Shrveyor, Bldg. Inspector and developer will meet on Saturday at i:OOP.M.
at the Town Building for further discussion of this development.
"CEDAR LANE" SUBDMSION: Forest Street.
Mr. Joseph Barbagallo presented preliminary plans of a proposed subdivision on
Forest Street. The development Comprises 8 lots. The roadway is 1000 ft. long
with a 22 ft. paved way. There is a 2% pitch on the surface drains. He showed
the topo, profile and plot plans to the Board. He said perc tests have been made
on every lot under the supervision of Mr. Frank' Gelinas, the new sanitary engineer
for the town. There is no' water available, wells will be provided.
Mr. Keirstead said the plans need a key map and he should change the cross section.
Mr. Xeirsteadthen made a motion to refer the plans to the Subdivision Control Sub-
Committee and to the various other boards and officials for report at the next
'meeting. Mr. 0stherr seconded the motion and the vote was unanimous.
The Sub-cOmmittee and others will meet at 5:00p. M. On Friday oh the site.
"ANDR~CIHCLE" SUBDMSION:
A "Covenant Running with the Land" was filed with the. Board for the approved
"Andrew Circle" subdivision on Andover Street. This. will be referred to Town
Counsel for approval and will then be recorded by the secretary.
PLANS NOT REQUIR~ APPROVAL:
Discussion was held as to the signing of plans' not requiring approval. Mr.
KeirStead made a motion that hereafter all plans be stamped as follows: "The
above endorsement is not a determination as to conformance with zoning regulations."
Mr. Ostherr seconded the motion and the vote was unanimous. The secretary will
order the necessary stamp.
April 2, 1973 - cont.
M~SCELLANEOUS MATTERS:
The Board received copies of decisions made by the Board of Appeals. A legal
notice was received for a hearing on the petition of Trombly Bros. Inc. for an
automobile service center. Mr. Keirstead made a motion that the Board makes no
comment; ~r. Ostherr seconded the motion and the vote was unanimous.
A copytof a letter sent to the Bldg. Inspector from Town Counsel relative to
condominiums, was received. Mr. Salisbury stated that condominiums are allowed
in the R-5 District.
The "Enow Your Town" exhibition will be held on Sunday. ~r. Lamprey was
authorized to have 1000 copies of the Watershed Report printed for distribution
at the exhibit,
Mr. Ostherr and Mr. Lamprey reported on theRegional Sewerage plant report.
from the Marrimack Valley Planning Commission. They said the report is outdated
and does not contain much useful information. There are at least three areas
that should be up-dated in the report.
PLANS ~OTREQUIRI~APPROVAL:
Mr. Ostharr made a motion to sig~ the following plans; seconded by Mr. Lamprey
and voted unanimously.
1. Ippolito
2. Wertz
3. Xurycki-division of land.
~. Xurycki - drainage easement.
The meeting adjourned at 11:30 P.M.
(William Chep~s~
Secretary
LAWRENCE EAGLE-TRIBUNE, Lawrence, Mass.--Tuesday, May8, 1973
Peggy Stone Photo
RESIDENTS view plans. Disputing drainage
proposals are, left, Hilton Carney, 17:l Conrail St.
and Louis Spinelli, 154: Contuit St.
Townhouse work session
causes heated discussion
NORTH ANDOVER -- Two and a hlaf
hours of patience ended with near pan-
demonium at the planning board --
Archdiocese townhouse "working session"
in North Andover High School cafeteria
last night.
Almost 100 residents waited while the
board waded through 10 other items on
their agenda. Finally came the discussion
with the Catholic Archdiocese of Boston on
their proposal for iow and moderate in-
come housing on thirty acres off Waverley
Road. 144 units are planned abutting Holy
Sepulchre Cemetery. The development will
back up to Heritage Green Apartments
which face on Chickering Road.
VAlle both tim board and Archdiocese
,resentatives later termed the working
~ssion "profitable," lack of microphones
the conference table arrangement
hearing more than a few comments
impossible to the assemblage.
Drainage, sewer and parking plans were
discussed but William Chepulis, planning
hoard chairman, expressed disappointment
that the Archdiocese failed to make a more
complete presentation. Some represen-
tative of their traffic consultant should
'have been here, he said.
The Archdiocese traffic consultant was
present at the start of the pIanning board
meeting at 7:30 but left a short time later
to attend a meeting in another comnmnity.
Ten items listed by the planning board
after their refusal of the Archdiocese
preliminary plans, formed the basis for the
conversation Peter Ogren, tfayes
Engineering, presented the proposed
solutions to the drainage problems of the
site.
Redirection of the flow of one brook and
the enclosure of a second brook were his
math suggestions. Ogren blamed the
"properties up on the hill" {Heritage
Green) for diverting one brook from its
natural course. He said that that property
holder had assured the Archdiocese that
the "flow would be directed to a more
uatnral course."
This would reduce the amount of water
flow over the land by about half, said
Ogren. The second brook, now flowing in an
open channel, would be enclosed in a 24-
inch pipe, he said.
Ogren termed the effect of the
Archdiocese development on the total
amount of water as "insignificant." "We
propose less flow than now," he said and
assured the board that the major erosion
problem now present would also be
decreased.
Chepulis questioned where the water
would go. "We can't limit ourselves to a
piece of of the site). If we get
rid of the problem here, is it going to pop up
somewhere else?" If the plan manages to
~ain planning board approval, he said, it
will then come under consideration by the
conservation commission.
After the meeting Chepulis commented
that he was sure the drainage problems
could be solved. The question is, he said,
whether it is economically feasible to solve
them.
,lames Dolan, attorney for the
Archdiocese ptanning office for urban af-
fairs, stated, "We had a good working ses-
sion witb the board. They had given us ten
areas of eoncern~ the most serious one was
drainage. We've made progress and I'm
satisfied with the result."
Jonothan Truslow of the Archdiocese
planning office, said that by law the main
presentation will be at the pubtie hearing
when definitive plans will be presented. He
did not suggest when that might be.
Public reaction to the long, inaudible ses-
sion was explosive. Finally allowed to view
plans, residents tampeded the conference
table, questions and commen~s tumbling
from all sides.
Chepulis attempted to explain what the
Archdiocese plans encompassed to the ac-
companiment of "It all looks good but it
won't work. They're never' going to stop
that water.' -- Mrs. Robert Hoar, 667
Waverley Road.
"They're going to put that water right
through my land," -- Henry Berube, 633
Waverley Road.
· 'When has an engineer been right?" --
George Laird, 647 Waverley Road.
"One of those culverts is the most
dangerous one in town. I shudder when I
hear of diverting water there." -- William
Cyr, highway surveyor.
-Go stand behind DeMoulas Market and
look up. That hill is washing away." -- Ray-
mond J. Canty, board of public works.
"Every time it rains I lose 80 feet of my
yard." -- Hilton Gormey, 171 Contuit,
· 'We're emitting more heat than light.
The procedure if this planning board
meeting is ii1 planned." -- The Rev. ,lames
Keller, 127 Glen Crest Drive.
· '1 think maybe the Cardinal has a good
idea but not for this area. It's not buildable
because of traffic, water and fire hazard."
-- Mrs. Robert Hoar, 667 Waverley Road.
Three letters supporting the Archdiocese
plans were read by Chebulis who addresssed
the assemblage concermng both the con-
troversial nature of the proposal and the
legal responsibilities of the planning board.
"It is our duty, by law and by your vote, to
took at subdivision plans and decide if they
comply with the law. I wish some of you
could sit oo this side of the table."
12 LAWRENCE EAGLE-TRIBUNE,/awrence, Ma$$.--Tuesd~y, bA,Yg, lj~,~
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