HomeMy WebLinkAbout1979-08-13August 13, 1979 - MOND&Y RegUlar ~[eeting
The BOARD OF APPEALS held its regular monthly meeting on Monday evening, August
~3, 1979 at 7:30 P.M. in the Town Office Meeting Room. The following members were
present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vice-Chairman;
James D. Noble, Jr.; Richard J. Trepanier; and Assoc. Nembers, William J. Sullivan,
Augustine W. Nickerson, and Walter F. Soule.
ANDREW CIRCLE REALTY TRUST - EARTH REN. OVAL PERMIT CONTINUED HEARING (Serio, Fri~elle,
Noble & Trepanier sitting): Scott Follansbee present. Fence has been placed around
land in question. On August 4~ test holes in the proposed pond area as required by
the Con. Com. were dug. Follansbee presented plan showing pits. The average eleva-
tion was 102.05 which was siightly above requirements of the Order of Conditions
issued in order to continue to build the remainder of the pond. Vince Turano, Con.
Com., stated that the elevations were taken by them, he put the numbers on the plan
but the locations were done by Frank Gelinas. They took a total of 10 test pits plus
the pond to ensure that they were getting an accurate number, and in accordance with
that he does not need another hearing but has to follow the Order of Conditions.
The Con. Com. wants the pipe at 104.5 and it is fixed at 102.3 right now. This may
require another hearing. The Con. Com. has no objection to this pond providing he
meets the conditions set down which will hold as much water as possible in the pond.
It will alleviate some of the water problems on Salem St. Advised the BOARD to
require very stringent conditions, if granted, and stated concern for abutters.
Frizelle questioned whether or not anything could be built in the area as it exists
right now, without a pond - Turano: if he is going to build he has to come back in
to the Con. Com. because there are some ex~ensive wetlands~ in the remaining part of
the subdivision.
There are 8,000 yds. currently stockpiled on the site, Con. Com. has given them two
years to complete, a substantial amount of material coming out would be used for the
road and some of the lots on Ingalls Crossing II, the abutting subdivision and others.
And, Highway Surveyor Cyr has said he could use 25-30,000 yds. The Chairman inquired
as to how deep the pond would be because he felt if it was too shallow it would not
be attractive. Follansbee told the membership that the portion of the pond that
comes into lots 2-3 would be owned by the people owning the home sites. Trepanier
asked how much total material would be taken out - 100,000 yds.; total acrea~ie is
6+ acres and the pond itself is =t
3~ ~cres of that. Noble calculated that with ~12,000
yds you have to have an average depth of 15 ft. Follansbee said they have calculated
12 ft. Steven Vounessea stated that, as a member of the Con. Com., he does not want
to see a retention pond, this one or any other. The problem of run-off and water
should be addressed in another manner. Aesthetically, ponds are not that great and
this will obviously cause ~lot of problems such as housing, traffic, after it is
deeded to the Town, it will be unsupervised. This is being done for the purpose of
putting in houses, he added. Vounessea then spoke as a resident of the area in
question: opposed because it is being done for the purpose of putting in houses, the
developer has other avenues he can take, it will set a precedent, we will be faced
with it here, there, and everywhere to overcome the obstacles in developing wetlands.
Follansbee replied that he was not looking at it as a way to overcome the obstacles.
This is 6 acres of land that could be developed economically, what justifies it is
that gravel is ve~ scarce~ he can use it, Cyr can use it, there is also a big market
for it.
~otion by Noble to take the matter under advisement. Second by Trepanier and unani-
mous vote. Following the vote a discussion ensued regarding compliauce with Sec.
10.31, 3-5. Questions arose re~arding dredging a pond on an approved site, stripping
of the land, "on" vs. "from" the land as per By-Law, whether or not they will get
water ~ud how far you have to dig to get it, ultimate deeding over to the Town.