HomeMy WebLinkAbout1973-07-02 The PLANNf~ BOARD met on No~ eveaiag, July 2, 1973 at 7=30 P.~. ia the
To~n Office B,,~l~ meeting rob. The following ~e~bere were preeeat a~d votimg=
WilLta~ Chepulis, Chairman; ~eh~ J. Monteiro, Vice Cheiraan; Penl R. Laa~rey,
Clerk; Doaald N. Keiretead and Fritz Ostherr.
There were about 35 people present for the aeeting. ~
Mr. Ostherr ~ede a action to accept the m~utae of the previous meeting; Mr.
Monteiro seconded the ~ion and the Veto ~as uuania~us.
BARBAGALLO SUBDIVISION=
A letter was received fre~ the Board of Health stating the necessary perc
tests must be made per their reqn4~eaonts. Mr' Barbagalle and Mr. Hurrell were
present and sub. it%ed corrected plans. The,Board mmbere checked ~ver the'plans
to see if all,requirements were met. Discussion was held on the ab41~ty to use
the ponds for fire protection.
Mr. Mo~teire made a motio~ te approve the subdivision plans subject te the usual
conditi~ns; ~eetiug the Board of Health requirments and going before the Coneerva-
tio~ C~iesion ~ith respect to the sweaR, land ia the area. Mr. Ostherr seconded
the ~otioa and the vote wa~ umani~ous.
Mr' Ootherr made a motion t~ table ite~ 8 of the agenda, chich
Kell~"~ ~ s~et~ ~ ree~ f~ t~ ~c~ocase. ~ act~ ~:~ he
t~ t~s ~ s~e the Bo~ ~ ~t ~ ~fici~t t~ to stu~ t~ mate~.
He stat~ t~t ~ere is ~ before us f~ t~ ~c~oc~e~ we
s~h4~2 offici~ c~s ~ore us or the t~ ~as aw~. ~e
~~ c~es before us; ~t~ ~d be rasolv~ ~
b~o~ us ~.
~. ~s add~ that ~ t~ a~ c~e ~ to t~ m~
~t he~ th~ e~e~ to acce~ ~ ~te~ ~ ~ su~t.
vote Was m~al.lt.'f, mous.
Mr. Ostherr ~ade a action that itea 9 of the agomd_a be acted upe~[ Mr. Keiretead
seconded the motion a~d the vote was unanimous.
Ite~ 9 is a "Notice o~ Appeal" by Albert C~atee aad others against the B~ilding
Inspector for the ieeuauce of a building per.it to Viacer~ Lan~ers for 152 towahouse
units on the Stevens ~ property.
July 2, 1973 - cont.
Mr. Keiretead said he does not see where the p1...4.~ Board is involved in this
action and made a motion to receive the notices Mr. Monteiro seconded %he notion
and the vote.was "nmn'ieou$* .
Atty. Demonic Scalise and Arthur Collins were present. A request had been
made for the release of lot ~2,'the last let' be4w2 held by the Board.
Mr. a~nteiro Said he check_ad the subdivision and found that there are no stone
~igh~ey 3urveyer Cyr said there are 20 hounds yet to he placed. He receeaemde
that $2f000 he posted for that item.
A letter vas received frog ~1 C~ D~ statTM that. Mr, COllg:Wa hes fulfilled
his obligation es far as the Fire Dept. is concerned. Ne explained that the
inntallntions were made but that when the ut~l~%ies dug for services, they must
have bremen the wire 4. several places.
Mr. Col~s feels that he should not be held reapcaeible, since he made the
proper ino~*l~atiens and thnt ~ebody else caused the wires to be breM~ He
feels: he has met all of.the requirenonts. He would like to eubetitoto tho necessary
amount of money for the installation of the stone hounds and have the last lot
released. He stated that ~ithin the next 12-18 months the final lets ~ be built
After acme discussion, ~r. Xeireteed made a matie~ that a be~d be sub mitred in
the amoun~ of $2500 for the reloase of Lot ~2, with the ccn~_tion that 8X~ stone
bound8 be ino~-~led by November 1, 1~%. Mr. Ontherr seco~___ed the motion and the
vote was 3 members - yes and Mr. Lamprey and Mr. Ohe~,~- ~ No.
Mr. Bonoon showed a corrected plan of the "Johnson Circle" eubdivieiea, which
shews the circle brought back approx. 50 ft. because of the orders of the Conserva-
tion ~:ssien. They rill lose lot ~ of the develolmen~. They are now asking
the p1ann~n2 Board to allow the enended plan. Discussion was held as to whether
or not a public hearinS was necessary. Mr. Lenprey feels there should be a public
hearing. ~he ~ard docided it was not necessary to have a hearing. Mr. Be~$on
and Atty. WilLis explained t~at they have to get Planning Board approval for the
chengo in plans and then go hack to the Conesrvation Comiasion. Hr. Ohapulis
said we can ~ive conditiona~ approval; then they can go back to the Oe~servetioa
Oomuiesien.
Mr. Xeiretead made a matiem that the Plsm-~-~ Board send a letter to the Oe~erva-
tien Co~saion indienting its approvalt in principle~ of the subdivioie~ plan
as revised June 2l, 1973~ indicnting that if this revision ia acceptable to the
Cc~. C~ma., it is the intent of the Plammiag Beard to approve it folleeiag the
release of this co~diti~n by the Ce~aervation Cc-'---iasion. Mr. Ostherr seconded
the matiea and the vote was uno,sous.
Ju~v 2, 1~73 - coat.
Atty. Russell Carl was present ia place of Vieter Hatea eh~ eas ~aable to
attend. Letters were reeeived fr~a the ~oard of Health and Board of Peblie ¥orks.
Atty. Carl requested approval of the pre~ plan aad that adate for the public
hear~ug be set by the Beard. ~r. Chepulis said a public hearing canaet be ealled
until the problems of the development have been resolved.
Discussion was held end ~r. Oatherr ~ade a ~eti~a that c~ditio~l appreval be
given to the preli~ plans; Mr. Menteire eee~aded the metien and the vote was
The conditions are as fellews;
1. The oucceasful ce~pletien of the lift stati~a desiga to the satiefaetion of
the Board of Public Works a~d Board of Health.
2. The water sySto~ te be built ia ec~for~uce ~ith the regalatiuns of the
Beard of Public Work~.
3. The Board ~ · gran~ slopes in eye_ess of oar rog~lations 'en the cendi~ion
that sloped granite curbing sB~ll be installed ia aceordenee with the re~uirenents
of tho Highway Surveyor.
The dr-4-~ge sy~tea shall be in cenfor~unee with the ~ighway Departaent re-
q-~e~ents and specifications.
5. 25 ft. leve~u~-off 8pet8 at all iatersectiena shall be accer~-~ to the
re~lations.
Mr. £eiretead them made a motien to aend a letter t~ the developer requee$tn~ that
he put ia writing the off-site i~prevenente that he agreed to; such as, the e~lvert
under Johnson Street and the straight~n~ and flattening of Sa~dra Lane at its
present termination. Mr. Menteiro seconded the motion and the vete was unanimous.
PLAIIS ~ P~t~ APPI~OVAL~
The Board v~ted upem a~d ~igned the followiag pl~ as "Not Requiring Approval
under the Subdivisioa Central La~.
1. Chee~ Rill AsNc. '- Turnpike Street.
2. Feorge Farr - ~alem Street.
3. L~-~.ela Giles- Oegeed St. at the ~averhill
July2~ 197~ -conto
BOARD OF APPEALS D~CI$IO~S & ltF~,IliG~
Notice of a public hearing to be held by the Boa~d of Appeal8 upc~ the
Petition of Ruth T~ for a division of land on Dale Street, was received.
Atty~ Ha~old Morley spoke to the Board as repreasntin8 Hrs. T~mons and
pl~4ued that she wants the land divided ~ tee lots so that.her ash eau
on the lot.
~r. Xei~atead made a motion ~o reco~ to the Board of Appeals that the
Peti%ic~r be .notified that the proPer course ~f action is to submit a sub-
division plan to the pltw-4~i Board since this plan clearly shews a subdivision
as defined in the state statute. Mr. Oatherr seconded the motion and the vote
was l~ll~qn'~ m~tlS.
HIS~S HATTERS ~
A letter wes received fron a Raleigh Tavern Lane resident relative to a
bond being held by the Planning Board and requesting the ~ not to release
any part of it because Ben Osf~Jd has not kept his promises as to WOrk to be
done on the readwa~.
Hr. Xeiratead made a u°tion that a sPecial ceemittee (La~prey & Keirstead) be
created to review all existing subdivisions and make a coaprehensive report to the
Board in 3epteuber to bring these matters to a conclusion. Mr. Nouteiro
seconded th· motion and the VOte was unanimous. :
The Capital Outlay Conmittea report was received. Mr. Xeiretead suggested that· this
be referred to the Administrative ~ub-cc~ittas for repor~ at the next meeting.
Hr. Oatherr suggested that the Planning Board work with the Board of Public Wo.rks
re sewer lift stations and with the Capital Budget Conmittee. Mr. ~oiratead said
the Long R~nge Planning &ab-co~m!ttee (Ostherr & LamPrey) should get together with
the other departments re the lift stations.
A letter vas received fron a Hr. Marine, property ounor off Andever B~-Pass, reei~4ng
in Florida; requesting information es to the re-zoning of his property and how
access to it would be affected since it is a limited access road. A letter wt~ 1
be sent notifying 'hin that the re-zoning is an appropriate land use and that due
notice was given 'of the re-s~ning. We have no control over access .and that resi-
dantial access is protected as lo~ as it is used in that way.
The meeting adJouraed at 10..00 P.M.