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HomeMy WebLinkAbout1975-10-06October 6, 197~ - Monday Regular Meeting · he PLANNIN~ BOARD held a regular m~nthly meeting on Monday evening, October 6, 1975 at 7:30 P.M. in the Town Office B~ilding Meeting Room. The following members were present and voting: William Ohepulis, Chairman; Fri~z Os%herr, Vice-Ohairnaa; Paul R. Lamprey and William N. Salemme, 0ierk. MINUTES: Two corrections were brought out by Mr. 0stherr as a m~tter of clarification and are ae follows: in the section under Xemper Insurance the word "issue" should be changed to read "release", and in the section regaling Atty. I{atem's question ~n length of time for completion of approved subdivision plane for townhonees the designa- tion of ~qr. Ostheri· to request an opinion of Town Counsel should read '9~r. Chepulis". A motion ~as made by Mr. Ostherr to accept the minutes with the corrections and Saleratus seconded. The vote was unanimous. Mr. 0stherr stated that to the beet of his knowledge there has been no work done and the whole question of the completion of the subdivision is of some concern. He~ felt that Mr. 6~7r was also concerned about the matter and wondered where Mr. Matses intended to terminate the subdivision. He did nc~ see any justification for releasing the bond at this time and made a motion to inform the insurance company of same. Mr. Lamprey Seconded the motion. John J. Willis, Esq., attorney for Mr. Matses, w~s present. Mr. Willis at%ended the meeting at the suggestion of Mr. Ostherr. Mr. Willis said that he, too, was looking for information.. Historically, it goes ~ack to 1~68 when it was originally approved and in 1972 the ele~%l-io company desired to build a substation. They came in through Mr. Xatses and requested release of this lot in exchange for a $2500 bond. Mr. Willis said that the $2500 bond was filed to release lot #3. Presently, they want to put a street in to the sewerages treatment plant. Mr. C~- commented that he didn't think that the drainage that is there is the way it is shown on the plan. Mr. Willis suggested having a conference with Mr. Matses, Mr. 0Er and the ~ubdivision Control ~ubCommittee. Mr. Willis to est up the meeting and contact the Or. ce as to the specific time. JO~N J. WILLIS - DISCUSSION OF RICHARD & MARILYN TC~OS_TAN PROPERI~ C~ UNION ST.: According to Mr. Willie he had spoken with the Building Inspector regarding a building permit for a Building on the rear portion of the lot. The lot has 100 f~. of frontage on Union S~. and the ~er is desirous of building a home for a~member of his immediate family on this rear portion which will result in the existence of 2 buildings on one lot. The Zoning By-Law does not prohibit 2 buildings on a lot in an R-4 District, bat it does in the other 3 zoning Districts. Hie contention was that this will not violate any of the provisions of the Zoning By-Law. There will be free access going ~ross because one individual will own both buildings. In your Rules & Regulations which apply only to subdivisions, he said, you makea provision for only one building on a lot which contradicts ou~ Zonin~ By-Law. He presented a sketch of the lot and dwellings to the Board. Atty. Willis continued that Mr. Foster agrees with conformance to the Zoning By-Law but because of Sec. 3-F of the Rules & Regulations he would no~ issue a Building permit. October 6, 1975 - cont. It was noted that this is a similar situation to Noodhouse on High St. Mr. Ostherr stated that after that incidence the BOARD decided to at least inform the abutters that the subject will be on our Agenda. A certified letter shall be sent to the abutters and ~r. Willis will provide the list for the secretary. Mr. Willis was advised that the BOARD will need a plan of the project when they meet next month. PREL IN[q~ARY PLANS: a) SCOTT PROPERTIES - BOSTON ST.: Mr. Ostherr stated that the Subdivision Control Sub.emmet%ce had met with Bob Dionne and Mr. Cyr to walk ~he subdivision. Mr. Cyr had many comments with regard to curbing and drainage. The proposed roadway is an 1100 f~. cul de sac and at the end is state forest land. He could not see any justifi- cation for going to any elaborate provision to ex, end it in any way. There is a small easement sho~n on the plan. Part of the project is on high land and other is moist and level. He then made a motien to tentatively approve HAROLD PAR~I~_ ESTATES II preliminary plan with the additien of the letters from various town depts, made part of the package for the developer to add in preparing the definitive plan. Mr. Lamprey seconded %he mo~ion. The letters from all town depts, were read and are on file in the office. The developer was requested not to use the name ~rold Parker Estates II "on~ the def- initive plan. The vo~e en the matter was unanimous. Mr. 0stherr requested Mm. Gelinas to obtain a copy of our "Rules & Regulatiens Governing She &..bdivisic~ of Land" for his drai~tsman in order that ~he scale on the plans would be correct. b) BENCHMARK OON~UCTIC~ - WINTER ST..- Member Os~herr suggested Mr. Gelinas show a hs~trant, which is at the. beginning of the ~tree% on the plan. The short cul de sac leads b~ck to 3 large lo~s which front on seasonally moist land to the rear. In con- currence with Mr. Cyr, the drainage in the development shall be sized to take any portion of the drainage from Winter S~. Also, request tb~t the drainage easement be shown as far as the Brook, at least. Letters from all town depts, were' read and are on file in the office. They discussed Mr. Borgesi's suggestion to m~ve the h~drant at station 2+80 to station 5+0. A motion, was made by Mm. Ostherr that the PLANNING BOARD grant tentative approval of preliminary plan of Benchmark Construction subject tc the conditiens as dis- cussed at this meeting. The developer sh~.,ld b~ve a name for the development by the time the definitive plan is filed. Mr. Lamprey secended and the vote was unanimous. ~PRESOOTT ST, NURSING HOME & TONNNO~E CC~PT.!~.~ PLANS: The BOARD looked at the linen which had been sent in to the office and noted the discrep- ancies between it and the prints that had been previously acted upon and decided to ta~e no further action until someone comes before them. The linen was not properly before the BOARD because there was no formal request accompanying it. BOARD to ~te_ a letter to Mr. John Callahan explaining their position along with a copy of the print (~lth the signature out out) which had Been acted upon at the June meeting. SCOTT PROPERTIES - Request for Release: A letter from the Highway ~urveyor, dated Sept. 22, 1975 was read by the Chairman. The accempanying letter from Hefrc~ was duly no, ed. The reques~ received was for a release of the gravel and binder monies in the amount of $16,0OO. The BOARD took. note that a previous release amounting to $44,500 was granted. A motion by Mr. Ostherr to grant the release 2o Scott Properties, Inc. in the amount of $16,000 was secended by Mr. Lam- prey and the vote was unanimous. There will now be a balance of $29,500 held by the bank. A letter is to be prepared and sen$ to Mr. Jenkins of the Andover Savings Bank. October 6, 1975 - cont. ORDER OF CONDITIONS Re: Canterbury Village - Orders were received fr~m the Cert. Cern., read and filed. TOWN OF LEXINGTON - DATA ~: The Chairman was designated to handle the matter. HABITAT: Communication received and read regarding a course in ~vironmentml Law and Land Use to be taught By Alexa~dra I~wson of the Conservation Law Founds%ion. O~I~IGE OF COUNTY PLANNER - Letter received requesting direction as to whether or not they should purchase a set of volumes o~ American ~nd ,Plamni~ Law. The concensus of the BOARD was to advise %hem that we prefen to pursue our own sources. Newsletter from N~P0: Communication was received and filed. Mass. Feder~tica of Planning Boards annual meeting to be held in Pittsfield on October 25~h. Nr. Ostherr made a motion to authorize ~r. Lamprey to at~end. Nr. Lamprey seconded amd the vote was unanimous. BOARD OF APPEALS LEGAL NOTICES: SOO~T PROP~TYES - Boston S~.: The legal no~ice was received ~rdi~ mo~ t~ ~he re~red area ~ less t~ the r~red ~a~. No~h ~dover ~d the~ is a ~er ~ cuts off ~ accessible !~d ~ ~d~er. A msti~ ~s ~de ~ ~. ~prey ~o ~e no c~n~. ~. Osthe~ seo~d~ ~d ~he ~e ATTY. VICTOR HATEM: Mr. Harem stated that he was wondering about %he .question that he had brought up at the last meeting pertaining to approved subdivision plans on town- houses. Mr. Chepulis. replied that we are waiting for a reply from Arnold SmlistmrF. The meeting adjourned at ~:OO P.M. Chairman / (~ild~ Blackstook)