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HomeMy WebLinkAbout1974-11-18Monday, November 18, 1974 Regular Meetin~ The Planning Board held a regular meeting on Monday evening, November 18, ~974, in the Town Office Meeting Room. Present and voting were the following members: William Ohepulis, Chairman; Pa~l R. Lamprey; John J. Mont~iro; and William N. Saleratus. 'Ther~were more tha~ l0 people present. The motion was made by Member Salemme to accept %he minutes of the special meeting.of September 26, 1974 and September 30, ~974. Mr. Monteiro seconded and the vote was unanimous. MERRIMACK VALLEY P~.ANNING COMNISSION: Mr. Nonteiro stated that this coming Thursday is the nex~ scheduled meeting at which time 208 Funding will be discussed. The Transit Authority has been established in Greater Lawrence, but the rest does not deal with North Andover. Mr. Lamprey said that the Selectmen basically feel the same way we do on the 208 Funding Prog~am. At least one member will attend Thursday's meeting of the Commission and Mr. Monteiro will have the information compiled c~ the Questionnaire for the nex~ PLANNING BOARD meeting. SALE~ FOREST - Corrected plans to be signed: The plans were signed because the following corrections were made to the BOARD'S s~tisfaction: 1) delineation of a 20 ft. easement as per Mr. Cyr's request; 2) 40 ft. easement to New England Power;3) dimensional change on frontage from 7.72 to 7.79. RALEIGH TAVERN SOUTH: Benjamin C. Osgood was present. Letters were read from the Board of Public Works, dated November 8, 1974 and the Highway Surveyor, dated November 18, 1974. Mr. Nonteiro made a motion we accept the recommendations and release the $8,000 for Mr. Osgood. Nr. Lamprey seconded the motion. A discussion followed between the BOARD, Mr. Cyr and Mr. 0sgood. The vo~ewas taken on the motion and it was unanimous. CANTEP~YVILLAGE~-Preliminary Plans: Mr. Lamprey spoke for the Subdivision Control Subcommittee and felt that~ in all fairness to the developer, he wo~ld like to hold until the nex~ meeting because he and Mr. 0stherr have not had time to present a comprehensive report on the matter. Letters were received and acknowledged from the Board of Health, Conservation Commission, Tree Warden, Board of Public Works and Fire Department. Mr. Jay Burke and Mr. Frank Gelinas were present. Mr. Gelinas, representing Franklin S. Davis, requested copies of the letters from all the TownDepartments. Mr. Nonteiro questioned Bud Cyr regarding the water problem and wanted to know if it was caused ~y abutters'land. Mr. Cyr replied that it is an extremely wet area which can be observed visumlly. Letter from BOARD OF SELECT~, Re TOPICS MEETING: The BOARD members decided that Mr.~Che~lis would try to attend the meetiDg on Nov. 21, 1974 and if he cannot make it, Mr. Lamprey will go. Mr. Nonteiro will attend the MVPC meeting which is on the same night. November 18, 1974 - cont. LETT~ FROM HIGRWAT SURVE~ RE SANITARY LANDPILL: Mr. Cyr related that the reason he requested the PLANNTNG BOARD receive a copy of the letter is that in the John Brown report there was nothing providing for additional space for a disposal area. He is going to need all the'Town Boards' assis~ance and cooperation. He noted that this is 'strictly for our'town's needs. Mr. Nonteiro suggested that we appoint a member of the BOARD to study the Camp, Dresser, amd NcKee report. Mr. Salemme volunteered his services and Chairman Chepulis agreed that he look into sanitary land fill sites. NI ~CWm.LANEOUS WATTLE: Seminar on Flood Plain Zoning will take place on December 4, 1974 in Marlboro. Mr. Chepu- lis may attend. Questionnaire from Essex Agriculture amd Technical was received. Mr. ChelFalis to re~pond. Subscription renewal for "Challenge" magazine is due. Mr. Salemme m~de a motion to renew and Mr. Ncnteiro seconded. The vote was unanimous. Notice of Town Christmas Part, received ~xd read. YPRESCOTT ST. NURSING H0~E- Walter Hughes: Re Release of covenamt - John Willis representing Mr. Hughes who was also present. The request is to take a one acre parcel, which will have frontage on Prescott St., for mort- gagepurposes. There are 3 units constructed on the parcel. The Town is adequately pro- tected due to the existing covenant. Mr. Hughes and Mr. Ramey have told Mr. Cyr that they will provide the 100 ft. in accordance with his requirements. Mr. Willis stated that he is essentially here to ask release of the covenant on Lots 1, 2, 3 amd 4 and approve a plan which does not need PLA~G BOARD approval fhowing the one-adre parcel. He also said, hewould like to follow it with a letter that he may, in the future, come back ~nd i~corporate the parcel once more into the whole subdivision. Mr. Nonteiro made a motion to release the covenant on the 4 lots on the site 'plan of Town- house Complex of NorthAndovmr, Ma. Mr. Lamprey ncted that there was no formal request for release of covenant since the last meeting. Mr. Lamprey then seconded the motion. Letters from the Board of Public Works d~ted November 1 and November 18, 1974 were r~d. Letter fromthe Highway Surveyor dated November 4, 1974was read and stands as it is because no ftarther commmmication h~sbeen received. Mr. Cyr stated that he talked %o Mr. Ramey and N_r. Hughes and they said they would do certain things such set the bounds, correct hot top work andwidth of the road, e~c. Chairmam Chepulis stated that the ro~d deviates, the building plans deviate and they have only constructed 3 units amd not 4. Mr. Willis said they have metlthe conditions of~the covenant in accordance with this part of the development. Mr. Chepulis felt that we were being asked to do alo~ of this on future promises. Mr. Willis though$ he was being mis- interpreted and felt that they have enough fasts before the BOARD to'havea legitimate request. Mr. Lamprey stated %h~% the road with just a binder coat on it is a Problem because if nothing else is developed there we have no way of getting a finished coat. John Willis answered, if nothing else is developed it is not your responsibility. Mr. Lamprey contended that it is still a roadway on an approved plan. Nr. Hughes said, it is a drive- way then. Mr. C~r~ concerned about the fact that if it remains a private way, where will the pick-up be for trash, etc. and Mr. Hughes repliedthat those lots front on Prescott St. not on the private way. November 15, 1974 - cont. Discussion took place concerning the fact that the Building Permit was issued for the 4 units in violation of the covenant. Also, part of the original conditions was the swait along Prescott S~t. which shall remain, and there is no swail there now. Mr. Hughes stated that he has not cbauged the configu~atien of the land at a11. Mr. Willisand Mr. Hughes stated they are not going to build on Lot #1 because of a v~luable tree located there. Mr. Willis went on to say that for mortgage and sale purposes we have to get this parcel released and ever~hing being equal we will continue to develop the whole parcel. They want the right to do this. At this time, Mr. (~pulis voiced concern about the road drainage along Prescott St. If we could get a schedule of the promised completion dates and a letter from Mr. Cyr it would be helpful, said Mr. Chepulis. ~ Mr. Hughes was offended by the lack of definite output by the BOARD and left in a huff. Mr. Lamprey withdrew his second on the motion. The BOARD to give the developer an answer at the nex~ meeting and, also, the subdivision conSrol subcommittee will submit a report. REPORT ~ROM WM. N. SALEMNE ON EARTH REMOVAL SUBC0~NITTEE: The Committee conducted an on-site inspection a% which there were 9 members in attendance. They noted there were several ponds and inadequate fencing at Wa%son's Gravel Pit which is a very dangerous aituation. It appears that one of the ponds have broken thr~to Boston Boook. Rea's site is excellent. The Committee has covered one ~or~ion of the Zoning By-Law on operation standards and the input that Mr. Rea and Mr. 0sgood gave to the Committee was excellent. Mr. Salemme stated, there certainly has to be more control in the area of Earth Removal. ~ MISCELLANEOUS MATTERS: Mr. Lamprey stated that if he had been able to attend the Board of Appeals meeting last week he would have brought page 6 of the Building Code to their attention. This is in regard to the Woodhouse property on High St. The building in question is 476 sq. ft~ and the Code requires a minimum of 600 sq. ft. Mr. Lamprey s~id he would have voted against it when it was before the PLANNING BOARD if he had known this at the time. He also stated that it concerns him that the Board of Appeals was unaware of this. A motion was made by Member Lamprey to send a letter to the BuildingInspector referring to this particular part of the Building Code advising that if we had been aware of this it would have made a difference in our action on the matter. Mr. Salemme seconded and a short discussion followed in which the BOARD felt they should ask for justification on the above. The vote was unanimous. A disucssion took place regarding the violations of the Zoning By-Law. The BOARD felt these should be reported to the Building Inspector. The Highway 'Surveyor made a request for Chester Sullivan for an Agenda item at the nex~ meeting, Dec. 2, 1974, to establish a bond for the remaining work on Salem Gardens. Mr. Cyr will submit a figure at that time. The meeting adjourned at 10:30 P.M. (William Ohepu s) retary