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HomeMy WebLinkAbout1973-05-07Monday - May 7, 1973 Regular Meeting The PLANNI~ BOARD held its regular meeting on Monday evening, May 7, 1973 at 7:30 P.M. at the North Andover High Sch6ol cafeteria. The following members were present and voting: William Chepulis, Chairman; John J. Monteiro, Vice Chairman; paul R. Lamprey, Clerk; Donald N. Keirstead and Fritz Ostherr. There were over 100 people present for the meeting~ Mr. Keirsteadmade a mOtion to accept'the minutes of the previous meeting; Mr. Monteiro seconded the motion and the vote was unahimous. "EV~REEN DRIVE" Mr. 0hris Henry appeared before the Board to request the release of lot#~ on Evergreen Drive of the "Chestnut Acres" subdivision. Lots 1, 3 ~d 6 have been released and lots 2, 5, 7 & 8 will still reaainunder the covenant. Mr. Henry said everything has been done except the final coat of hot-top. Mr. Monteiro made a motion to release lot #~. There was no second to the motion. Mr. Keirstead made a motion to refer the matter to the Subdivision Control Sub- committee for report at the next meeting; Mr. Ostharr seconded the motion and the vote was unanimous. Letters will also be sent to the Highway Surveyor and Board of Public Works for their recommendati~s. Mr. Monteiro asked why this was being referred to the sub-~ommittee. Mr~ Keirstead explained that it has been the practice of the Board to refer any releases to the various departments for report before any lots are released so that the Board can be sure that any work is done properly. There have b~en problems in the past and the work should be either finished or a bond should be posted. f~L~IN WEIN~: Mr. Weiner appeared before the Board to discuss what he could do with his property off Sutton Street. He showed a plan to the Board and explained that he would like to build on parcel "B". He had. been advised byMr. Nicetta to put in a road as sho~n on the plan. He does not plan to sell the lot or the building. He was unable to get a building permit previously because the lot has no frontage. He does not want to divide the land now. The Board felt that all he needs is a building permit and referred him to the Buil~t~g Inspector. "CEDAR LANE" SUBDM$ION: jOSeph'Barbagello. The Subdivision 0ontrolSub-committee submitted its report on the preliminary plans of Mr. Barbagallo for the 0edarLane subdivision on Forest.Street. Mr. Ostherr said he,~Mr. MonteiroandMr. La~rey spent about 2 hours on the site with Mr. Barbagallo, Highway Surveyor William'Cyr and Building Inspector Charles Foster. He said there were several minor points to be corrected; there is no serious concern with the development at all. Mr. Barbagallo was present and said he would incorporate the corrections on the definitive plans. May 7, 1973 - cont~ Mr. Ostberr made a motion to grant a conditional approval to the preliminary plans; M~. Nonteiro seconded the motion. Mr. ChepuliS read a letter from the Highway SUrveyor whichstated that the road should be 24 ft. wide rather than 22 ftl; that a berm shSuld be i~stalled and two more catch basins installed. A letter was read from the Board of Health requesting additional data be sub- mitred with the definitive Plans. The Fire Chief was concerned as to where they would get water for fire protection. The Board of Public Works stated they could make no rec(mmmendations since there is no public water? supply or sewage disposal systems in that area. Mr. Keirstead made a motion that copies of the reports be given to the developer; Mr. Monteiro seconded the motion and the vote was unanimous. A unanimous vote was taken upon the motian for conditional approval. "APPLEDORE"SUBD1VISION: Mr. Ostherr reported that the SubdiVision Control Sub-committee met with the developer, the engineer, the Building Inspector and the Highway Surveyor. He said ther~ are several problems that need to be resolved and he recommends that~ the matter be tabled until another meeting is held with the developer. Mr. Monteiro seconded the motion. Mr. Chepulis read letters from various departments with their recommendations. Copies will be given to the developer. Atty. Victor Harem stated he waives the time requirement and extends the time period to June ll. He was unable to get the data for this meeting. He will contact the office when it is available. The vote was unanimous upon the motion to table the matter. BOARD OF APPEALS NOTICES AND DECISIONS: The Board received notices of three hearings to be held bythe Board of Appeals on May l~th. Upon the petitions of Treadwell and Crittenden, Mr. Keirstead made a motion that the Board make no comment; Mr. Monteiro seconded the motion and the vote was unanimous. Upon the petition of Abfor Realty Trust for the ex- pansion of & dwelling units to 9 units on Main Street, Mr. Keirstead made a motion that the PlanningBoard recommend denial of the petition because it is.not in keeping with the intent of theZoning By-Lay under Section ~.18 and it is expanding fan already non-conforminguse. Mr. Monteiro seconded the motion and the vote was %~nar~ous. Mr. Chepulis read several decisions received from the Board of Appeals. flay 7~ 1973 - cont. ARCHDIOL~I~SEOF BOSTON: At 8:30 P.M. the Board met with five representatives from the Archdiocese. Atty. Dolan, Mr. Diamond, Mr. Clancy, Peter Ogre~ from Hayes E~eering and John Truslow, an associate in the Planning Office. Atty. Dolansu~ested that they goover the ten points listed b y the Board and they will explain what has been done. Peter Ogren, the e~gimeer, presented a new planto the Board showing da, ainage. He said there is fairly pervious soil on the area. There is one existing natural' brook; the second brook is not a natural flow but comes from the adjoining develop- mont. They propose to correct the flow by redirecting it to a more natural course and approx. 50~of the flow will be diverted. There is a 24" culvert do~n and under WaverlyRoadto the shopping center. They intend to close the brook at WaverlyRoad at the24" pipe. The ditches ~ill be eliminated by the.enclosed culvert. There is a 36" culvert under NaverlyRoad. Re said Mr. Fart has agreed to rectify the flow from his development, which will decrease the flow through the cemetery. Removal of this excess flew ~111 help solve the problem of the the deterioration of the abutting properties. Mr. Ogren explaLxnedthat they planto take andintercept all the flow to the main pipe (36") at a point. The added flow would be small but he did not have the figures. The remaining portion will flow to the road and they will install t~o catch basins at Naverly Road. They will improve the side ditch drainage which is presently not deep enough. Mr. Keirstead said the regulations require catch basins every ~O0 feet. He said the Board could make a conditional approval subject to solving the problem of, the apartment development drainage. Discussion was held as to the rate of flow of the water. At the figures given by Mr. Ogren, Mr. Keirsteadfigured that approx. 30-90 gallons would flow per second. There would be an oversize manhole at the end of the 36" pipette take care of the flow. Mr. Keirstead asked what this would do to the area below the site. Mr. Ogren said that what they propose will mean less flow down below at the shopping center. Atty. Dolan said that if Mr. Parr takes care of his problem, what they propose will also help solve it. They do not propose to remove the dike existing on the property. Mr. Keirstead and Mr. Chepulis prefer that it remain. The Board suggested that they check the distances between the catch basins. Atty. Dolan said that the plans take care of item ~2 having to do with erosion and water holes. Mr. Chepulis said they should make sure the culverts are open and free to take care of the flow. They said there will be a headwall at the ditch at the 36" culvert. Item #5; delineation of areas. Mr. Clancy explained that all lots will be numbered and areas and dimensions sho~n; all areas will be designated as lots with dimensions. The lots between the units are for parking areas. The large lot will be numbered and the dimensions shown. May 7, 1973 - cont. Atty. Dola~ said that ownership will be held in common by a cooperative ownership. It is not intended that lots be sold separately, but they are meeting the zoning requirements by showing frontage and lots. Mr. Clancy said that all lots have minimimum area requirements or better. They tried to interpr~ the Zoning By-Law aD.d have located the parking to the side of the units butT~heywould have t° be moved farther to the rear, it would not work out too well. Mr. Keirstead said it was the intent in drawing Upthe By-law that~his apply to multi-family dwellings, apartments. We do not consider townhousesT~ulti-family. Atty. Dolan said he understands that this is not a concern of the Board, but the Building InspeCtor was concerned about it. Under item ~8, he explained that the plans now show lots and areas. Ne discussed the staking of lots and Atty. Dolan asked the Board to waive that requirement. They can determine the bounds of each group of townhouaes. Atty. Dolanfeels that item ~10 does not apply - this would be the Bldg. Inspector. He said itema#~& 5 are types of ownership and are a legal matter; it is his opinion that this does not come before this Board. Mr. Keirstead agreed that "capable of being sold etc." is not a matter for this Board;.this is a legal matter. Mr. Ogren explained that the line marked in red is the sewer connecting to Waverly Road. Mr. Keirstead said that easements are required for utilities on private land. The new regulations require separate connections. Bldg. Insp. Foster questioned service to each unit, as to whether or not it should be shown. Mr. Keirstead said this is not before them; it does not have to do with the Planning Board. Mr. Lamprey feels that if the sewer is shown on the plan then separate connections should be shown. Mr. Foster feels this should be straightened out before any plans are signed. ~tty. Dolan suggested that the Planning Board get a ruling from Town Counsel on an interpretation of townhouses before definitive plans are completed so that they willknow what further action to act~since this development probably hinges on the interpretation of whether or not it is capable of being sold, etc. Mr. Ogren explained that they will construct an 8" water line through the develop- ment and connect above and below. Mr. Raymond Canty, B.P.W. member, said the sewer and Water problemshould be up to the Board of Public Works. Mr. Keirstead said that under the old regulations, plans were not referred to the B.P.W. and other departments. Discussion was then held on traffic. Mr. Diamond said the traffic engineer was not present but was due to arrive. He referred to the Board's request for two access ways. They have indicated a second connection on the plan which would be only for emergency vehicles; they would put a chain across the road. The traffic May T, 1973 - cont. consultant thinks it would not be a good idea to invite through traffic~ Mr. Hendrick, the traffic consultant, has more information as to traffic. Mr. Chepulis suggested getting a written report from the traffic consultant. Atty. Dolan said it would be an added expens~ to them to do s&. Mr. Chepulis said that on a development of this magnitude, it would certainly be to the developer's interest to have the consultant present. Enough prior notice was given of this meeting so that there is no reason why he couldn't be here. Atty. Dolan said he was attending another meeting this evening and was expected to attend here also but hasn't sho~n up as yet. Mr. Lamprey said the PoliCe Chief should be consulted since h® is concerned about access to this development. (the ArchdioceSe) Mr. Monteiro said that maybe they/should meet with the Police and Fire Chiefs to discuss this development. Mr. Chepulis said he is very concerned as tO what the traffic flow will be on WaverlyRoad. Mr. Ostherr mentioned having a flat area of roadway before access is made onto Waverly Road. It was again suggested by the Board that the developer submit a written report from the traffic consultant to the Board. Atty. Dolan and Mr. Diamond said the traffic consultant will meet with the Police and Fire Chiefs and report back to the Board. Mr. Chepulis read letters from the following endorsing the development. Rev. Kenneth L. Jones; St. Paul's Episcopal Church Rev. Herbert I. Schumm; Trinitarian Congregational Church Mrs, Richard Kimball; League of WOmen Voters Lengthy discussion was then held and the people present asked many questions about the development, their main concern being drainage and traffic. At times there was heated discussion and it was impossible to take notes of what was being said. PLANS NOT REQUIRING APPROVAL: The following plans were approved upon motion of Mr. Keirstead and seconded by Mr. OStherr, Mr. Ostherr being designated to sign the plans. 1. George Fart - Campbell Road. 2. Richard Durkee - Foster Street. 3. J. & V. Realty - Salem Street. J. & V. Realty - Salem St. & Johnson St. 5. LaPointe - Autran Avenue 6. Schroder -Turnpike Street. 7. Resca - Johnson Street. The meeting adjourned at 11:OO P.M... ~~e ~~ Chairman Secretary