HomeMy WebLinkAbout1976-08-02 Decision DEF SUB TOWN OF NORTH ANDOVER
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AvErst 23, 1976
John J. Lyons, Town Clerk
To,-m Office Building
North Andover, Ada.
Dear Mr. Lyons:
The following petition was heard at a meeting of the Planning Board on Monday
evening, August 21 1976 at 7:30 P.1-I. in the Tot:*n Office 1Feeti.ng Room. The
following; members were present and voting: Fritz OUthorr, Chairman; William
Chepulis, Vice-Chairman; John J. T onteiro, Clerk; Paul R. Lamprey; and William N.
Salomme. .
Frack C. Gelinas, representing Landeail, Inc. , and hr. John C. Tuttle petitioned
for a subdivision of a parcel of land containing approximately 9 acres, situated
off Salem St. , sabdivided into R lots and to be known as "Turtle Bill".
Mr. Colinas presented plans to the Board and pointed out the drainage swalec and
contours of the land. He explained, further, that there would be a 600 foot cul
de sac of 26 foot width, There is no Ton sewera e in the area, and showed two
portions of the site that are wet.
Opposition was expressed by Richard Callen, 1580 Salem St.; Steven Vou.necca, 1620
Salem St. ; Barbara Adams, 1630 Salem St. ; Eduard Tonello, 1592 Salem St. ; and Nr.
Frazier, 1631 Salem St. , All residents and ahatters were concerned about the drain-
age and wet conditions of the area.
Robert ?1aurer, owner of the land, spoke in favor of the petition.
At a, meeting held on August 16, 1976, the Subdivision Control Subcommittee made
and seconded a motion to APPROVE the subdivision subject to the conditions listed
below. The vote on the motion was unanimous. The confli.tions are as follows:
1. That the record oxrnnrs of the subject land forthwith execute and record a
"covenant running with the land", or otherwise provide security for the construction
of frays and the installation of municipal services within said subdivision, all as
provided by G.L. c. 41 , S. W0
2. That all such conctrtuction and installa.tionn shall in all respects conform to
the governing rulev and regulation2 of this Board.
Turtle ifill — cont. —,—
3. That a13 water mains shall be installed in accordance with the Board of Public
Works specifications.
4. That all fire protection improvements shall be constructed in accordance with
the standards of the Board of Fire Engineers.
5. That roadway and surface drainage shall be constructed in accordance with the
standards of the Highway Surveyor.
6. That the drainage course shall run inside the trees and across the Vounessa
property via, an casement from Vounessa to the developer.
7. That during the construction phase, the developer shall be responsible for
down stream drainage.
8. That no lot may be built upon until a subsurface sewage disposal system permit
is granted by the Board of Health.
Very truly yours,
PLAT-MTN BOARD
c� '1 U!.�
Fritz Anther r
Chairman
Ob r
FORM C
APPLICATION FOR APPROVAL OF DEFINITIVE PLAN
junp19
To the Planning Board of the Town of North Andover;
The undersignedt being the applicant as defined under Chapter 41t Section
81 Lt for approval of a proposed subdivision shown on a plan entitled
DP initicrP �d .• y ' S' onPlan n;F LaDd jn. LIQL;-h Anr3ny,-rt,-XQcLs.
by rgaIjk C.. CPlinas &A�snri_a ,�,� dated ..,, aU ne 2. 197�
being land bounded as follows: er;
Westerly by land N F of Dr ew• Southerl b land N of Callen Tonello,
Vounessa Adams & 5alemS'. Easte 1 b 1 nd N F of Comm f M
hereby submits said plat: as--a as--T DEFINITIVE plan in accordance with the Rules and
Regulations of the North Andover Planning Board and makes application to the
Board for approval of said plan.
Title Reference: 'North Essex Deeds, Book t Page 84 ; or
Certificate of Title No. , Registration Book , page ; or
Others NERD Plan # 6066
Said plan has(x) has not( ) evolved from a preliminary plan submitted to
the Board of March 1 19 76 and approved (with modifications) (x)
disapproved ( on A21211 23 t 19 76 .
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Boards and in furtherance thereof hereby agrees to abide by the Board's
Rules and Regulations. The undersigned hereby further covenants and agrees
with the Town of North Andovert upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules and regulations of the
Planning Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as well as zoning bylaws of said Town,
as are applicable to the installation of utilities within the limits of
ways and streets;
2. To complete and construct the streets or ways and other improvements shown
thereon in accordance with Sections Iv and V of the Rules and Regulations
of the Planning Board and the approved DEFINITIVE plan, profiles and crass
sections of the same. Said plan, profiles, cross sections and construction
specifications are specificallyt by reference, incorporated herein and made
a part of this application. This application and the covenants and agree—
ments herein shall.be binding upon all heirs, executors, admini>stratorst
successors, grantees of the whole or part of said land, and assigns of the
undersigned; and
3. To complete the p�� said installations d construction within two (2)
years from t ��[ f.
Deceived by T��
«'_ Signature of Applicant
Date. +-
yN
Time:
Signature: $' ��,�.s�t ;�u�, wti� Boston Mass. Suite 64
; � Address
Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled: TURME IITLL
By: 1-Vzltrlc C. Cellbla ; 6; ' so(-..e dated ,hzne 2 p 1976
The North Andover Planning Board has voted to APPROVE said plan® subject to the
following conditions:
1. That the record owners of the subject land forthwith execute and record
a "covenant running with the land"# or otherwise provide security for the con-
struction of ways and the installation of municipal services within said 8ub-
divis3onp all as provided by G.L. c. 41p S. 81®U.
2. That all such construction and installations shall in all respects
conform to the governing rules and regulations' of this Hoard.
3. Thatp as required by the North Andover Board of Health in its report to
this Boardp no building or other structure shall be built or placed upon Lots
No. as shown on said Plan without the prior
consent of said Board of Health.
4. Other conditions: all. wat too ritaiz>>; ;h l.l. be, bvn,t<all(,,d iri acc;ord.ance with
tho, Board of Public rilorlc.: ;>�Zeci.ficatS.ons.
5a That t),11. .f-Lre protection :i.mpr,ovomonts oliall be constru.otwl in accordance
with the Eltaiidar.d�:, of tho Doz),rd of Fire lricinoers.
6. That roadway a,nd nw face c1x Uriage shall bo con..-trticted in accor,&.1,noo with
the standard.._, of the IIi Claw iy surveyor.
7. That the drzinaoe cot.aroe shall, ran inoid.e the •t;reo.� 8.11d ac;ro.s,1 t}rE: Voune Asa
property vin, an cyanernen-t fror-a Voaanes a to the developer.
8. That dtiriro tho conntraacti.on phra,sey t the developer �01)ll be r e.>pon"li.ble: for
dovm stx-otani drai.nago.
9. That no lot rimy be built upon until a atlbs,urface -owago c3i.spo,,,a,l system
permit is , rantcd by the, noarcl of llca it}t®
s
In the event that no appeal shall have been taken from said approval within
twenty days from this datep the North Andover Planning Board will forthwith
thereafter endorse its formal approval upon said plan.
NORTH ANDOVER PLANNING BOARD
Date: htzgau 3 t 20j 1976 By: Tri.'tc O 'therr. i.r ap
y r C7'N1 ..4 yY
00044 OFFICE OF HIGHWAY SURVEYOR
3,, i$55A TOWN OF NORTH ANDOVER, MASSACHU5ETT5 01845
a3�ACKifg� It
TRt,yrf
Wli.1,1AM A. CYR TELEPHONE 683-2234
HIGHWAY SURVEYOR
,tuig. l6, 1976
Planning Board
120 Main Street
N. Andover, Mass.
Res Turtle Mill
Dear Fritz
I ant quite familiar with the land involved in this pro_.
posed subdivision. I was very upset to learn that the developer has
proposed taro, what I would terra major proposals, without making; all
the facts known.
First of all, I believe that the drainage involved was
deliberately diverted into another drainage area and I think that
this is as wrong as wrong can be. I realize that this diversion was
not done by the current developer, but never the less it has been
done, and a buildable lot is planned to accomodate a home on what
I would call the old drainage awale or ponding effect, or whatever
else you might like to call it. The thing that really irks me, is
that the developer said that the torrn may have a problem �-Tltli the
twelve inch calvert in future years because of the development and a
factor water run off. I believe a sensible approach to this problem
is to leave Lot 1 for the drainage swa.l.e that it has been since the
good Lord made it. If a. problem is caused down stream I feel it is the
developer and riot the toT,,jn that has the problem.
Secondly, the proposed drainage down Salem St. to the exist-
ing basin in :front o:i the holne or Mr. a, Mrs (Steven Vounessa. I had
assumed that as first proposed that an easement could be obtained on
Lot 8 owned by the developer, and a sliver of land owned by Mr. Vounessa..
I found out during a conversation with Mr. 'Vounessa., that the devel-
oper had never approached him for the right of a drainage easement.
I am again displeased that the developer would choose to do damage to
Sal.erri St., which was just -newly constructed and also possible damage
to foray or five beautiful trees that lane the road. very close to the
pavement at this point. These trees have been treated with tender `.Loving
care during the reconstruction of this street;. ,after conferring with
Mr. Vounessa and the fact that he told me he would cooperate if it were
done in a proper manner approved by him.
If this IS the case I am making a stand thaUthe do-
valopor will not be allowed to enter Salel(i St. with drainage from
the development without proper approval of the Highway Depart)-(Lent.
I Was again upset that the developer had made a deal with
Mo. Edward Tonello to corruct a drainage problem that these people
have had from water in their basement. The developer had no right
idiat so evor to make any AN or a deal.
I uill be at Plonday evenings meeting to anzwex, ai& furtlaer
questions that may car iae.
This may be a mini sub-division, but I believo that there
is a lot to be considered before final approval is given as proposed.
Other than Ohat I have mentioned I would expect 0, twenty-six foot
width and other standard conditions that I request on such sub-divisions.
Yours truly,
a
Villiam A. Cyr
lfigl-rafay Bur-veyox'
1TAC/jID-11
f
BOARD OF HEALTH ►��yonriy�,
NORTH ANDOVER t b�i�r,•••••;7 a
Julius Kay, M.D., Chairman
R. George Caron MASSACHUSETTB a��•`��pNPURAIto.
• F
Edward J. Scanlon 01845 APRIL7TnI835
k RCH1�y .I'�
YY-VV "I'f,l
TEL. 682-6400
July 27, 1976
Mr. .i rtz Ostherr, Chairman
Planning Board Subdivision., Turtle Hill
No. Andover, Mass.
Bear Mr. Ostherr:
As per your request of June 29, 1976, the Board
of Health has reviewed -the definitive plans of the above-listed
subdivision, together xAth soil data as submitted by Joseph
Barbagallo, R.S.
We will reouire individual lot soil studies and
subsurface sowerage disposal system designs prior the the issuance
of any septic tank permits i-Moh are necessary to obtain building
permits.
Cry-"ruly, yours,
:i.us Kay, M. D.
hai rr►i 7n
J ids mJ .
3 j
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NORTH ANDOVER FIRE DEPARTMENT
July 22, 1976
Planning Board Re: Turtle Hill
120 Main Street
No. Andover, Mass. 01845
Gentlemen:
It is my recommendation that a hydrant
be within 250 feet of any dwelling, and that the
water main on the proposed street be not less
than 8 inches.
Very truly yours,
6 `
Jame s P. Daw
Fire Chief
r �
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