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HomeMy WebLinkAbout1985 Meeting Minutes - Campion Hall February 4, 1985 Regular Meeting The Planning Board held a regular meeting on Monday evening, February 4, 1985 in the Town Office Meeting Room with the following members present and voting: Paul A. Hedstrom, Chairman, who arrived late; Michael P. Roberts , Vice Chairman; John A. James, Jr . , Clerk; and Erich W. Nitzsche. Highway Surveyor William Cyr and Town Planner Karen Nelson were present . PUBLIC HEARINGS C2Nion Hall - Definitive Plan (continued hearing) Karen Nelson reported that B.S.C . , the consultant hired by the Planning Board, said that they will intensify their study this week and take another site visit . They will submit a report to the Planning Beard by the middle of next week and they may send a representative to the Planning Board meeting on February 25, 1985 . MOTION: by Mr . James to continue the public hearing SECOND: by Mr . Nitzsche VOTE Unanimous - motion carries Teoma Estates -- Definitive Plan The Clerk read the legal notice. Letters from the following were read and placed on file: Highway Surveyor ( 2/4/85) Tree Warden (1/29/85) Conservation Commission ( 1/10/85) Board of Health (1/28/85) "ire Chief ( 1/10/85) Board of Public Works (1/30/85) Mr. Steve Stapinski of Merrimack Engineering, project engineer, Mr . Dom Teoli and Mr. Paul Maus, applicants, were present . Mr. Stapinski made the folloiing presentation: -- The proposal calls for the subdivision of 11. 8 acres of land located on the East side of Boston Street into 9 lots . -- The proposal calls for the construction of a roadway off of.- Boston Street which will end in a cul-de-sac. There will be adequate frontage to each of the .9 lots . In addition, they have provided for an extension of the rr February 25, 1985 Regular Meeting The Planning Board held a regular meeting on Monday, February 25, 1985 at 7: 30 p.m. in the Town Office Meeting Room with the fallowing members present and voting: Paul A. Hedstrom, Chairman, who arrived late; Michael P. Roberts , Vice Chairman; John J. Surke; and Erich W. Nitzsche. Highway Surveyor William Cyr entered the meeting late. PUBLIC HEARINGS Equestrian Estates - Definitive Subdivision Member Burke read the legal notice. Mr . ,Scott Bailey of Neve Associates and Attorney Kenneth Hyde, applicant , were present . Mr. Bailey made the following presentation: - There are detention ponds on the site. - There are 32 proposed lets on approximately 80 acres for single family dwellings . - Each will have a septic system. This plan was previously presented as Ingalls Crossing 111 . - The cut and fill on the site will be the same. There will not be a lot of material brought on or off the site. - They are open to whatever the Planning Board has to suggest. - One of the Preliminary Order of Conditions was that the trucks must come in through Forest Street but that can change . - The time schedule for construction of the road is 8 to 12 weeks . - The houses will be from $230, 000 to $300, 000. The lots will be from $65, 000 to $85, 000. The following citizens spoke at the hearing: Joanne Prendergast Steve Manning Bob Abdou Jim Ronan Beverly Longvei.l .Tim Sweeney Peter Savage Mrs . Prendergast stated that there are two lots being out off Sharpner ' s Pond --Road. Ken Hyde responded that that is a 13 lot plan which is not part of this subdivision. This proposal is to get the road through and when the weather breaks it will be done immediately. Mr. Ronan stated that on access and egress, the Plannning Board said that all traffic must come down Sharpner ' s Pond Road to Forest Street . Mr. Manning stated that there are several children on Forest Street., He wants the previous condition rescinded . Member Nitzsche stated that it seems that a lot of people are herd because of the traffic concern and that the decision was made at a preliminary stage in an effort to control traffic to and from the subdivision. Mrs . Longveil asked if the Board has consulted with Town Counsel about jurisdiction over traffic control . Mrs . Prendergast said her concerns are whether the road construction will begin or end at Laconia circle. She asked if the old circle will be torn up. She wants it seeded. Mr. Bailed responded that he will have to consult with Mr. Neve and Member Burke added that the cul-de-sac is temporary. Mr . Sweeney asked about a pond and whether or not the construction will impact it . Mr. Bailey said it will not - the conditions will not change. There will be controls so that the drainage will be the same. They are working with the Conservation Commission on it, Mr. Abdou asked who will build the houses . Mr. Hyde responded that they have hired Claude Miquelle as an architect . There are 25 different plans to choose from. They have planned the subdivision so that the homes blend together . Mr. Savage asked what the difference is between a road and -a common driveway. Member Burke responded that the applicants will have to petition the Planning Board for Special Permits for common driveways and that any discussion will be taken up at those public hearings . Note., Chairman Hedstrom arrived . Mr . Brown asked if any houses would be built near him. Mr. Bailey said no. f The Environmental, Impact Statement was referred to regarding traffic. Mrs . Longveil asked about fire department access off the proposed common driveways . Member Nitzsche responded that it will be addressed at the public hearings on the proposed common driveways . MOTION. by Mr. Burke to close the public hearing and take the plan under advisement . SECOND: by Mr. Nitzsche VOTE : ia ► pou, motion carries Member Nitzsche added that at the preliminary stage, the Planning Board required that Equestrian Circle be extended through . He doesn' t feel confident that it has been addressed . Mr. Hyde responded that Tom Neve supplied the Planning Board with a letter and a plan about a month ago. It pointed out the restrictive covenants . Teoma Estates - Definitive Plan (continued hearin ) Steve Stapinski of Merrimack Engineering made the following presentation: -- At the last hearing, the Planning Board continued it to give the abutters an opportunity to meet with the petitioners . - They provided some additional anylyses of the design of the storm drainage on the site . - They have walked the site with an abutter and had discussions . - They have reviewed the previous hydrological work and they are completing an analyses so that they will provide a D$ increase on the site on to adjacent properties . The additional infor.matiop is.,the result of meetings with the town staff over the' last tad w.-geks . Member Nitzsche stated that additional information on drainage has not been submitted. Mr. Stapinski added: - He does not have definitive numbers on the site. He dial not know they were requested. He will submit them this week . Mr. Paul Perrochi , 394 Boston Street , said that at the last meeting, arrangements were supposed to be made with Mr . Stapinski to walk the property. They were not made until Friday morning. He has hired an engineer to review the plan and he needs additional information. He wants information on site distances , 1 0% run off calculations , and drainage. It will take time for his engineer to review it. He also has concerns about traffic conditions . He found out that there is an easement that the Planning Board is asking the developers to lead back to more property. It could mean another 35 houses. Boston Street cannot handle the traffic. He wantes to know whose idea it was . The 35 acres leads to more landlocked land. Boston Street will become a super highway. Attorney Peter Caruso, representing the developers, said they do not want the easement . His clients plan to live in the area and they are also concerned about the safety and traffic flow. They dial not like the idea of having the easement, placed on the property. They should not provide access to the Brown parcel . They should not open it up but they should leave it landlocked. He requested that the Board consider removing the easement to the back. Mr. Tom Cusson said that there are a lot of wetlands in the area. He asked if ther;t-ate any guidelines . Chairman Hedstrom responded that the Planning Board has no jurisdiction over wetlands . It is the Conservation Commission' s jurisdiction. Mrs . Joyce Perrochi asked about the wetlands and the water flowing through a culvert. She and Mr. Thornton presented pictures . She asked what protection they will have in the future that the valves will work . Mr. Stapinski responded that they are not proposing any structures with valves . There are no mechanical systems. On the holding area, they are not proposing to excavate the area near her property. It is a wetland now which acts as a holding area . Linda Morse, 408 Boston Street , stated that she has water coming up to her driveway. Beth Thornton stated that ladyslippers are all over the property and she questioned if they are an endangered species . David Thornton added that he took pictures the last couple of weekends . He is also concerned about the driveways . There were over 100 vehicles in one hour going over the hill . In 92 cases out of 105, it was over 2 seconds or less . He has almost been hit twice. The police said they could post a "Blind Driveway" sign. He is also concerned because last weekend, he went down to take some more pictures. He is 460 feet from Boston Street. The snow is a pool of water . There should be some distance_ between surface water and foundations . Paul Perrochi, added that on the potential of the additional 35 acres, Boston Street turns into Jenkins Road. If the people in Andover knew about the 35 acres , they would also object. MOTION: by Mr. Roberts to continue the public hearing until March 18, 1985 and accept the written extension from the applicant for a public hearing date of 3/18/85 and a decision date of 4/15/85 and take the plan under advisement .' SECOND: by Mr . Nitzsche VOTE : Unanimous - motion carries. Campion Hall -- Definitive Subdivision (continued hearin Note: Mr . Cyr, Highway Surveyor, arrived here. Mr. dames Curren of Cyr Engineering, made the following presentation: They have reviewed the report by the consultant , B.S.C . They have no qualms with any of the conditions in the report . -- They will go along with the participation of their remarks . - They will request some means of entertaining how to funnel back the information to B. S.C. from this Board on the report. -- At a meeting held today they went over all the items and they have answers tonight . He wants to do it on an informal note . Note: Mr . Cyr stated that he has not seen the report from H.S.C. Mr. Curren continued with: - G.P.T. , the applicant , will grant the Board an extension for a decision date. - They want an opportunity to address the subdivision with B.S.C. because some of the points brought out have not been made privy to. -- If all the information has been submitted by his firm and B. S.C . has all the information in, the Board can close the public hearing tonight . Mr. Cyr added that he has met with Mr . Curren and his staff and they went over his concerns . The only thing they did not come to terms on is the design of the siltation collection box. He will not accept it. He drew up what is the most workable type and there is a difference of opinion . The conflict will be conservation vs water quality. When the flow is to the lake, it is the qua.lity..npt the quantity that is the problem. Mr . Peter Savage of Bonny Lane stated that the abutters have not seen the report from B. S.G . He requested a continuation of the public hearing . Ms. Stella of Great Pond Road asked that the public hearing not be closed tonight . She stated that according to the Zoning By Law, the only way the single family subdivision can be considered is if Campion Hall were converted to a single family home. That is not the case. There is a dormitory on the site. The Planning Board should not be considering single family lots at this time. She is also concerned that Campion Hall will remain in its present state and it could become a nursing home or something else. Unless it, is made a single family home, it should not be considered. She has not heard anything tonight about the water . Chairman Hedstrom stated that the question of the single family hone could be worked into the order of conditions . He added that the Board of Public Works is responsible for the water. The Planning Board follows their direction to the letter . The Planning Board has the right to disapprove the subdivision. He added that all the information is available in the file. Mr. Savage stated that they have received assurances from the developers about drainage. He wants to know When it will be addressed and he wants responses in writing. Mir. Curren said their responses will be available tomorrow. MOTION: by Mr. Roberts to accept a written extension to 3/26/85 and that the Planning Board take the plan under advise- ment and continue the public hearing to 3/18/85. SECOND: by Mr. Nitzsche VOTE Unanimous - motion carries OTHER BUSINESS French Farm Villa e - E29Luest for lot releases A letter from Attorney Virginia Keaton was read and placed on file. Mr. Cyr reported that he has no problem releasing the lots . There is sufficient bond money. MOTION: by Mr. Burke to release Lots 6 through 10. SECOND: by Mr. Nitzsche VOTE Unanimous - motion carries Note: Chairman Hedstrom signed the release form. PLANS NOT REQUIRING APPROVAL Yee, Richard - Os ood street Attorney RAC ph,.-`Bai�bagallo was ' presents - Member Burke said there was an agreement at the� 1984 ',Town Meeting when the parcel was, rezoned -which was 'imposed. He wants the restrictions on the plan. _ MOTION: by Mr . Burke to approve the plan of land for China Blossom Realty Trust dated 1/22/85 under Subdivision Control Law Not Required with the condition that the four zoning restrictions be placed on the plan. SECOND: by Mr . Nitzsche VOTE Unanimoud motion carries OTHER BUSINESS Spring Hill - Submittal of definitive plah tbt `signature Note'i Member Burke abstained. Member -Nitzsche said there are- some issues .which -must beiresolved. They are the corner roundings on Suihmer Street arid' Spring ' Hill Road, the access••easement to Commonwealth of Mass land- and the road cross section He does not like the location of the easement . It.`should be on another lot . John Tuttle presented the documents . He said- theme have roundings and they are shown' in easement fbr'tn'-ori' `a' 'Foryff"A p.lam which also shows an easement along the entire .1:ength of Summer Street . ,: Member Nitzsche said they never dial. Mr . Cyr added that he has always been :successful in obtaining requests from the town in this type of easement . It is a little unique and we can live without them if there is a hardship. He does not have a problem with it . Mr . Tuttle added that it has been addressed with the Town Planner and Mr .,Nevei �the engineer, and. it is physically- impossible-,to meet all `the criteria. Member Nitzsche said it is not in conformance with the Planning Board' s Rules , and Regulati-ons . They applicant must request a wai.'verr frem'"the �Rules and.,Regulatidh : - Mr . Cyr said that can the access- to the -state property] a 24- foot easement is a minor problem. It will be dry 9 to 10 months bf the year . Mr: TMtXle,-, s4id they can change 'the location of the easemen.t4 Member Nitzsche -added that they are deceiving 'the Planning Board. He wants it -on Lots 13 and 14r'ot `15 and 16 wtth ho. ifittirfereneb. . with 'electrioal easements . Mr. Cyr. paid he agrees with Mr . Tuttle and there d4ceipt here. This i.s a unique situation where Vie' 1W` i)ftng'1Wofe�fhan" necessar Mr. Heds rom passed the chali the following motion, �<< a r� _:;.� :t� •`t :s _ �:..:n r,�. MOTION: by Mr . Hedstrom to sign the plan subject to relocating the access easement to the Commonwealth 'of Mass . land and subject to receipt of acceptable rounding easements for access to Summer Street and impose a completion date of 9/30/86. SECOND: by Mr . Nitzscce Member Nitzsche asked what proof they have that the applicant can deed the rounding easements . ?� Mr. Tuttle said it is -on record and it ' so.A �n '©im 'A�+ �f :� V6TE­'= t Uii6nimodOE,�' motison' carlr-ies i . :7 -me , ara:sn Chairman- He'dstrom will review the documents . DISCUSSIONS Ben O�god Qsgood Mill Jr f Mr:''6sgovd`, F i 'brad' M_bha`rd§ ,= and M-r-'t` 'Dfck Gdot+_1&c' Ae c16t %4er-e'' present . Mr. ' Gsottschneider made the following informal-' ML! presentation: -- They are proposing a rehabilitatin of Osgood Mill . It is contiguous to Davis and I'uiber". -- The potential owners are seeking to relocate Kenics, the present tenants . - The proposal is to use the building for residential purposes . - It is zoned Industrial-S (I-S) and they will apply for a PDD. ' eYe` is as¢ria t andrbui`ld'i�ngs .' ;Thy acC s is ' riaz`roi3 bat there is potential for access' fr6m the back-: � - They will try to blend the old with the new. The storage tanks and some buildings will- be removed . It has the- J3ot'&nt1A-1-''fok' a' fr'bs*_!ab-ka'nt end'''do�imeficial= -i8w. - ' r j - A jogging tram, is being considered. -- The housing would be condominiums in the $70, 000 to $140, 000 range. Mr: Cyr, Highway Surveyor, stated that at Town Meeting, Mr . Spagat of Brickstone Properties , renovators of Davis and Furber , said there would be a 50 foot right-of-way given to the town. No follow through has been done. He will look into it and report back to the Planning Board. > Mr . Charles Salisbury of the Board of . 5electmen stated- that the agreement is still in place . He asked Mr . Osgood for the status of the land which would be used for an access road. Mr . Osgood reported that it is owned by , ihe ,enti:Gy.which. Qwri�p the property and he _would acquire it. Mr. Salisbury added that they are trying`to put together a list of properties for the access road. There are six different parcels in six different ownerships . ;They have a financial committment from Brickstone Properties . Willows Industrial Park Extension ' Attorney John Britt was present and asked -to ,6xpl.ain,vha.t.. happened in the subdivision. There was a mistake wade but it was an honest one. There was a delay in recording the order of conditions . There was a previous subdivision in 1979 prior to the approval of this one . What happened is that only one lot was conveyed (Lot W) prior to the recording of the documents . After that , two more lots (R and Q) were conveyed. Lots S and U remain, A Form A plan was submitted breaking them up. Lot K was conveyed in 1981 but is not part of the subdivision . He added that if you look at when Lot W was conveyed and when the covenants were recorded, it is obvious that anonest�mist4lce_vas made . People taking title to the lots knew of the covenants . chairman. Hedstrom suggested that the Planning .. Board -contact Attorney Nicholas DeNitto and Mr. Charles Nigrelli to establish a 3-way dialogue'._ _. �v .. ... .... . Great Pond Estates - Submittal. of Pia6'.40k si nature - Attorney Henry Hyder was present and submitted th®; *At O'q plan . MOTION: by Mr. Roberts to acknowledge receipt' of the plans of Great Pond Estates and take them under advisemeh ., SECOND: by Mr . Nitzsche VOTE : Unanimous - motion carries Tillage Woods - Request for extension of completion date Member Burke recommended that if the applicant can meet the new requirements f rom town Boards,,. the_ ,-Planning. ; 4oard . set . a new completion date . Mr. James Rand reported that the water will be extended up Dale Street . Mr. Anthony Foresta, the applicant , added that he will grant an easement. They are going back to the Conservation Commission. Placed on .the agenda for . 3/4/85 for revised plans . DECISION - Coventry - Pr4plimi.na Plan MOTIdN:- by Mr. Nitzsche to disapprove-the 'preli-m,inary plarl en= titled "Coventry" . r _ SECOND: by A4r1 r^:R.Qbek-t3 _ Mr. Steve Stapinskid project engineer , requested that- the action be postponed and agreed to grant an extension. t ► Motion 'arlc second withdrawn. _ MOTION: by Mr. Roberts to accept- a written extension tolthe second meeting in March to ,render, a dec�Bion. SECOND: by Mr . Burke VOTE : Unanimous - motion carries SET PUBLIC HEARING DATES An us Realty Trust; Town of North Andover, Equestrian Estates The Chairman instructed the secretary to set the public hearings dates in, April . ADJUDICATIN OF TOM STREETS -- R uest fdrlrecommenAations �J. Placed on the agenda for 3/4/8.5. RE-ORGANIZATION Placed on the agenda for 3/18/85. The meeting adjourned at 11:15 p.m. Paul A. Hedstrom, Chairman Jean E. Whxte', Secretary January 21, 1985 Regular Meeting The Planning Board held a regular meeting on Monday evening. January 21, 1985 in the Town Office Meeting Room with the following Members present and voting: Michael P. Roberts, 'Dice Chiarman, who left the meeting early; John A. James , Jr. , Clerk, who arrived late; John J. Burks:; and Erich W. Nitzsche. Highway Surveyor William Cyr and Town Planner Karen Nelson were present. PUBLIC HEARINGS Cam ion Hall -- Definitive Plan Mr . Burke read the legal notice. Letters from the following were read and placed on file: Highway Surveyor Board of Public Works Board of Health Tree Warden Fire Chief (2 letters) Conservation Commission Mr. James Curren of Cyr Engineering, project engineer, made the following presentation: The first plan is the identification of the lots and the total area. - There are 31 acres of land. The interior is subdivided into 22 lots each containing an acre or better. The frontages are 150 feet or better . The proposed street names are Cochichewick Drive and Campion Road. The topography dictated the roadway. The lots are generally larger than what is required. It will be an aesthetically balanced subdivision. In the Environmental impact Statement, they said the layout of the individual buildings will be in the area of 2, 400 square feet to 3, 000 square feet. -- There is an aesthetic atmosphere already established. It will remain harmonious with the mansion. The homes will be between $465,000 and $565,000. - The mansion will dictate what the buildings will look like. They have complemented the Rules and Regulations of the Planning Board. When you look into the subdivision, some of the lots are 200 to 250 feet. The paved roadway area is 2. 3 acres . - The entire roadway area is 3. 3 acres . -- The development will be 1. 6 to 1.8 depending on the floor layout of the homes . They are leaving an open area of approximately 26 acres . The remaining part will . remai.n, in its vegetative state. The easements are shown on the plan. The lighter green easement is a 25 foot wide lake access easement for those in the subdivision. It will allow people in the subdivision to walk down to the lake. It is strictly for walking with no other traffic. - The yellow lines are easements which will be for sewer . These easements will be used by the applicants and are part of an easement plan already on record. There will also be a utility easement for the town to sewer Bonny Lane. If a lift station is established on the end of the cul-de-sac on Bonny Lane they can come on to their property. The subdivision will be facilitated with water, sewer , and drainage. - In designing something of this nature, the topographic characteristics dictated what the lots will be. - This area warrants sewer . It has always been the direction of the applicants to implement a sewer. It has been reviewed by Mr. Borgesi , Superintendent of Public Works. -- On the plan- the red is sewer and the blue is the water system. There will be a gravity system to a proposed manhole which will be implemented by the applicants and connect to the lift station at Rea' s Ponca. The water will be from an existing 12 inch main and traverse through the subdivision for tie-in to all the houses . Mr. Borgesi said he would prefer to have the water extend directly across . He has no reason not to go along with it. Looping the water system to Bonny Lane is a commitment. The sewer is d'esigned for gravity. It is placed in the middle of the road. There will be approximately 17 manholes . - On the lots on the lower end (Lots 9, 10, and 11) , they will be further developed by a utility easement that can go gravity and down the line and tie into a future lift station and come back up to the forced line with -gravity. Those three lots might be subject to lift stations in their own homes . With regard to the Fire Chief ' s letter , the law says a hydrant every 500 feet and they have shown them. If the Fire Chief wants a hydrant at the intersection of Great pond Road they will go along with it . - On the catch basins and drainage system, he talked with the Highway Surveyor several months ago. The drainage shown on the plan is consistent with the town' s Rules and Regulations . - The dark line is the proposed center line grade of base line "D" . The short .Lines and light lines are the existing center line grades with the area of modification in between it. They will collect the water into the subdivision. No water will go in the street. All the intentions are to keep minimal slopes . The strongest is 6% in the area of the loop. The topography dictated it . The plans show the catch basin system and the drainage system. The pipes are large enough to transfer it in the subdivision and then out to the street . Note: Mr. Curren displayed a new drainage plan at -this point. The main objective was to put in sewer . The second main objective was to consider what surface waters and what adverse affect, if any, they would have on the lake . They then designed the subdivision knowing that it would have a net run off in the general direction of Lake Cochichewick. The total area of contribution to the lake is shown in green. That area of 17.64 acres is the catalyst of contribution of what will go to the lake. It is shown in two areas% DAl and DA2. DA1 is 13. 88 acres and DA2 is 4.33 acres . In a pre-development state, the area running off there now was 26. 9 csf' s. They dropped the elevation of the roadway and brought the increased run oft down the roadway and into a sedimentation area. After development, adding in DAl and DA2, it will be 33. 66 csf ' s. € W They have increased, it by the management of the topsoils and the change in the pervious state to impervious state . When you alter land, you increase it. In order to afford not to increase it, they have established the sedimentation basin which will collect all additional run offs . - The driveways are large and long. Note; Member James arrived here. s Note: Mr. Curren introduced a new plan on Concrete Sedimenta- tion Detention Basin - It is a large basin but the planning Board determined that the existing facilities available to them and the one on Bonny Lane is Just, about adequate to not being adequate. It is 43 x 30 and varies in height,. The water from the subdiviison and roadway area will be permitted to come in at 12 feet rcp and spill in the structure. Sediments and silts will be trapped in the stone and sediments will go out the other end. - The number of 6. 7 that is allowed to come in is further decreased to 4.8. -- In observing the area and the drainage facilities , and to control the run offs, the construction of this basin should prevent any seepage. They have placed a double row of staked haybales . . The haybales will be 350 feet away from the edge of the lake. Member Roberts announced that the Planning Board will be using an independent engineering firm to review the plan. The following citizens spoke at the hearing: ' Mr. Barone Mr. Savage Mr. Steven Murphy Mr. Barone asked how close Lot 20 would be to his land and Mr. Curren responded that it would be approximately 50 feet from the property line. The edge of the right-of--way will be 100 feet away from his home. No run off will, go on his property. Some area might be granted to the town of North Andover for maintenance of the green area. Mr. Cyr stated that this is a poor situation. The town is not looking for 6, 000 square feet of road or additional maintenance. The abutters will maintain their property. The engineer should not be telling .people there will be berm because there will not be berm there. He added that he is not satisfied with the responses to his concerns . Mr. Savage asked to see the boundaries of Lot 19 and Mr. Curren showed him on the plan. He said it was dictated by a previous lot . Lot 19 is a building lot . Mr. Savage said the topography lines are not shown. There is a large drop off . He asked what they intend to do to protect homes on Bonny Lane. Mr. Curren responded that Lot 19 is not a potential drainage problem. With development, whatever is existing now and if modificatins are done in a minimum state, it should not change. He cannot control what is •there now. It will not change if the lot is not developed. I ! I Mr. Savage added that unless some protective actions are taken, they will be adversely affected. Mr. Curren stated that because of the existing slopes, the drive- ways will be designed to allow water to go back to the street. Mr. Savage argued that it will be uphill . Mr. Curren responded that not all lots on every street require what he may require. The dormitory will be removed and drop down the amount of run, off . What the developers will do will be less than what he is getting now. Mr. Savage asked about the crushed stone and said it gets filled with silt. Mr . Curren explained about the manholes. After normal sand use, they have two manholes which will be opened up and the silt can be extracted. They could put in another one. Mr . Steven Murphy asked about the existing structures on Lot 14. Mr . Curren responded that the pool on Lot 14 will remain if the new owners want it. MOTION: by Mr . Burke to Continua the public hearing to 2/4/85 SECOND: by Mr. dames VOTE z Unanimous - motion carries DeSilets, Joseph - Special. Permit - Watershed District The Clerk read the legal notice. Letters from the following were read and placed on file: Fire Chief Conservation Commission Board of Health Mr. Jospeh Cushing, project engineer, made the following pre- sentation: - This will be a 44,000 square foot lot on Essex Street between Great Pond toad and the town line. - They tried to site the house on the front portion of the parcel . In order to maintain the 10 foot setback from the property line, it is not possible to maintain the 100 foot setback from the tributary. -- They are in front of the Planning Board to explain what they intend to do. -- The access to the rear portion of the site is along an existing cart path so •no wood cutting will be necessary. Mr. Michael Leary informed the Board that he is a direct abutter and did not receive a legal notice for the hearing. He asked about the siting of the house and the septic tank. He questioned the placement of the drainage field and the leaching field. He also questioned the slope and the sewage being pumped uphill . Member dames stated that while he cannot answer what Mr . Leary's rights are concerning the legal notice, he is here and it is a procedural issue. Mr. Cushing responded that it will be pumped to the leaching field. Mr. Leary added that the 20% slope is a conservative number . His concern to the Board and to the new owner is a steep hill. He personally knows that people have tried to pump up hill and it does not work. His main concern is that they have a situation in this town where the lake is being polluted. There is a stream running through the land and that is why they did not build their house on Essex Street . Also, there is no such thing as a wood road. people cut the trees down with a bulldozer . Mr. Cushing responded that a letter is on record that the sub- surface disposal system is on record with the town and it has been stated that Title V requirements and the town' s requirements have been satisfied. There are many instances in the town that require pumping up. On the wood road, Mr. Leary is stating that the informatin he put on his plan is in error. - There is ail.sa a wood path from the East portion of the site but they will not use it because they would have to out trees . With regard to the lake, when the town Health Inspector says it is O.K., we have to go by what he says . Mr. James Scully, Essex Street, stated that his family has owned the 14-15 acres abutting this parcel and there has been no wood path for a number of years . He is concerned with the fact that there is a stream. The wall was broken this past summer . Mr. Cushing stated that there is a stream and the question is how to handle it. They propose to install a 1.2 inch metal pipe and as they cross the stream with the driveway, they will rip rap the up side of the driveway and the downstream side of the drive- way. They anticipate that the capacity of the pipe will be accessed and the driveway will breach. Member Nitzsche asked what elevation the intercepted drainage will be. Mr. Cushing responded that the bottom of it will be above the bottom of the trench. The bottom of the leaching field will be at elevation 106. It will be 6 feet from where it is now. Mr. Nitzsche asked why they don' t put the water service in the driveway. Mr. Cushing respodned that it is no problem. They can put it up the middle of the driveway. I MOTION: by Mr. James to close the public hearing and take the plan under advisement . r , SECOND: by Mr, Nitzsche VOTE Unanimous - motion carries The Willows Industrial Park Extension - Rescission of Subdivision continued public hearing A letter from Attorney Ralph Joyce, Town Counsel , dated 1/21/85 was read and placed on file. Attorney Nicholas DeNitto, representing Mr . and Mrs . Goodrich of Marion Drive, was present and made the following statements: A plan was submitted with a Form C. In reading the minutes, there was a motion with conditions. A final plan was supposed to be resubmitted to the Board for signature or endorsement . His understanding is that the plan that was recorded two years ago was not endorsed. No Planning Board signatures or Town Clerk signature are on it . Who follows up a final plan as to compliance. Member James stated that the people who signed it are responsible to make sure it conforms to the motion. It is the practice of the Planning Board to require Registry copies of the documents . Attorney DeNitto continued with: How was the property conveyed if the plan was not recorded? Member James added that the plan had to be recorded prior to con- veying the lot to A.R.C. The applicant must record the order of conditions and return a copy to the office. Member James also asked the abutters to tell the Planning Board what lots have been conveyed and to ask the Selectmen to author- ize a title search. Attorney DeNitto stated they have not done any research on the balance of the property, but they will . He added that when the Planning Board makes conditions and they are not appealed, it is his understanding that the applicant agrees to them. His understanding of the law is that the Building Inspector nor the Zoning Board of Appeals has the authority to override them. Even it it was a decision that reasonable people would come to but different that what a judge says, the ,judgement says the judge shall defer to the decision of the Planning Board. The Building Inspector did not have the authority to make an independent decision. He did it twice. He added that they will provide information of Registry data. Member Burke said it must be certified by an attorney and Member Nitzsche said it must be certified by the Registry of Deeds . Hillside Realty Trust - Special Permit -- Common Driveway The Clerk read the Legal notice Member Burke stated that he has a Hillside Realty Trust and is not a party to this application. Attorney Gary Ritter , representing the petitioner, made the following presentation: - They are requesting a Special Permit to service two homes off one driveway. - The parcel is on Hillside Road near the Andover town line. - There is frontage on Route 125. - The parcel is large, just under 120,000 square feet, or almost three acres.' It has been subdivided into two lots . - The two proposed homes are situated on the plan. - There is a large wetland area on the lot so the engineer placed them as shown. - The proposed plans are within the Zoning By Law for area, frontage, and setbacks and the only thing they need is a Special Permit to have two homes off one driveway. - He has prepared a covenant which would run with the land and would provide for the owners of both parcels to equally maintain the common driveway (maintenance, snow removal, etc) . -- Crossing the wetlands would require filing with the Conser- vation Commission. Mr. Alton Bailey, 347 Hillside Road, asked if the proposed drive- way would come from Hillside Road and Attorney Ritter said it would. Mr. Bailey added that there is a culvert and there are no catch basins there. There is a stream going under the road with a large pond and wet area. His land is low. His concern is with the driveway and what will happen to the water in the wet area.. If the flow is increased goring under the road between the two houses on the other side, there is a possibility of water backing up through a drain system which goes through the property and to a brook. Attorney Ritter responded that there is no intention of filling in the wet area. They do not want to produce any new culverts and that is why they are requesting a Special Permit. Mr . Kenneth Hoffman asked what legal grounds he has if his property is under water . Member James responded that the Conservation Commission would have to decide if the land is wet. The focus of this discussion r , is whether or not to grant permission for a common driveway. Mrs. Sandra Shaker asked if they are planning to fill in anything on the single driveway. Mr. Michael DeBitetto stated that the plan has gone to the Con- servation Commission. No filling is proposed. Haybales are shown along the wetland area to prevent any filling of wetlands. The Conservation Commission addressed the driveway location and an order of conditions was issued. He presented a copy. Mr. Bailey asked if the driveway will be slanted toward Hillside Road and Mr . DeBitetto responded that it will not pitch to Hill- side Road. it will pitch away from it and then up again. With a large wetland area there is no problem draining the site. The design calls for no increase in runoff and the Conservation Commission approved it. Attorney Ritter added that no Certificate of Compliance will be .issued until the Conservation Commission' s conditions are tttet. He added that the Town of Andover will permit them to connect to sewer . They have written approval and permits . Mrs . Shaker said that she is 75% in Andover and they were not notified of any changes. They have trouble with their sewer . Attorney Ritter responded that it was handled by the Board of Public Works and no public hearings were necessary. Member dames asked if the driveway access could be widened for two driveways and Atty. Ritter responded that it makes sense to have two driveways but it might push the house back to a wetland area. It would also mean more paved area. Member Nitzsche stated that there should be a low point noted on the plan. The plans call for a crushed stone driveway. Mr . DeBitetto responded that they want .to pave it. They will approach Con. Com. about it . Mr. Bailey added that there is a tremendous amount of water that runs on Hillside Road from Highland Avenue in the vicinity of the culvert that goes under Hillside Road. He has a casein court against the builder who built his house. He does not have an adequate drainage system. His litigation should be settled before this proposal goes forward. His problem could be made worse. His concern is whether or not the water comes rapidly. Mrs. Shaker added that there is a natural flow of water on two lots that are not built on. It is a gushing flow in the spring. They get water down Kathleen Drive. She wants something in writing that they will not have more problems. Mr. DeBitetto added that the driveway will remain crushed shone as shown on the plan. MOTION: by Mr. dames to close the public hearing and -take the . plan and application under advisement . SECOND: by Mr. Nitzsche VOTE Unanimous motion carries DECISIONS Lot 32A - Sandra Lane -- Special. Permit - Watershed Town Planner Nelson presented a revised plan. The driveway is closer to Segal' s property and further away from the tributary to the lake. It was 55 feet and the proposal is now 70 feet . The house is. 100 feet away from the wetland. Mrs . Mary Armitage, present for Mrs . Segal, stated that Mrs . Segal thanks the Board for their consideration. There is over 300 feet of driveway. She asked if there is any possibility that it could give access to the lot behind her house to relieve her of the second driveway. It would keep it 100 feet from the pond and give access without a second driveway. Ms. Nelson said it is not possible. Ben Osgood said he will supply the Board with the documentation on Glen Road. It is with the Bradley's and Cami 's . MOTION: by Mr. Burke to grant the Special Permit subject to the submittal of the covenant of Glen Road which states that only two driveways can come off Glen Road and subject to a future order of conditions and subsequent approval by the Board. SECOND: by Mr. James VOTE : Unanimous - motion carries Cobble Lane - Definitive Subdivision Member Burke asked if Special Permits will be necessary for these lets and John McGarry said not to his -knowledge. He added that he would like an extension and will grant one . MOTION: by Mr. James to accept the extension and render a decision at the next meeting. SECOND: by Mr. Burke VOTE : Unanimous - motion carries Note: Member Roberts left the meeting due to illness . S ri n Hill - Definitive Plan i MOTION: by Mr. Nitzsche to approve the plan subject to the fallowing conditions: SECOND: by Mr. Burke VOTE Unanimous - motion carries Note: The decision is made part of these minutes Ridgewood - Preliminary Plan MOTION: by Mr. Nitzsche to approve the plan subject to the following conditions: SECOND: by Mr . Burke VOTE Unanimous - motion carries Note: the decision is made part of these minutes SITE PLAN REVIEW Tnterdesign No applicant present - tabled. OTHER BUSINESS Crossbow Lane Status Report and Request for Release of Funds Town Planner Nelson reported that they met in the field and went over the Highway Surveyor' s list. She, Mr . Cyr and Mr. Barbagallo agreed on a final completion date of 5/l/85 for the .remaining work to be done and that no release of funds will be made until, progress was made. MOTION: by Mr. Nitzsche to extend the completion date to 5/1/85 and deny the request for a release of funds. SECOND: by Mr . Burke VOTE Unanimous - motion carries Mill Trust -- Revision to plin - Lot 5A Salem Street Mr. Joe Cushing, project engineer , stated that a Special Permit was granted to Mr. Robert Forget by the Planning Board. They had to move the lot line and in order to maintain the zoning setbacks , they have to move the house back . The grading associated with the house had to be moved back. Rather than having a 46 foot setback between the line of grading and the designated wetland it was going to be 36 feet . At the Con. Cam. meeting he explained the dilema and they took the position that the differences between the work originally. proposed and the work now proposed did not significantly change their order of conditions . He wants to explain to the Planning Board that the location of the house on the lot is different than what was originally proposed but its impact on the wetland area will not be significant . He wants the Planning, Board to make a determination that it is not significantly different and change their original order of conditions, citing this plan. Mr. Cyr said the driveway cannot go as it is shown on the plan. MOTION: by Mx. Burke to .grant the revision and add this plan to the list of conditions as the revised plan under which the Planning Board's conditions pertain, subject. t.o Mr . Nitzsche' s review. SECOND: by Mr. Nitzsche VOTE Unanimous - motion carries James Rand - Revision to plan - Lot 4A Salem Street Mr. Rand was present and explained that the Board granted a Special Permit to Mr. Robert Forget and the Permit was very specific as to the size of the house (28' x 68' ) . He presented a plan of his proposed dwelling, which is slightly different . Also, they were showing a fill along the back. He wants to put a retaining wall. He wants a walk-out. The plan specifically says that all the fill must be placed up against it. He want to hide the driveway. By reducing the house, the footprint would be 1, 761. MOTION: by Mx. Burke to approve the change subject to review by Mr. Nitzsche and Ms. Nelson and subject to approval by the Conservation Commission. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries North Andover Business Park - discussion with Tom Neve Mr. Neve was present and said they are trying to work out an arrangement with the abutters of the road. He submitted a letter from Bill Dalton. The pavement is now 18 f eet and they are working out an arrangement with the tennis club. They have given them, approval to rebuild the island. They can get 33 feet of pavement with a 40 foot right--of-way. They are seeking an access. Mr. Cyr is still talking about the 60 foot wide road. No action - the Board will discuss this with Mr. Cyr. PLANS NOT REQUIRING APPROVAL Milltown Realty - Foster Street (Lots 3 and 4 created) General Store Trust - Johnnycake Street (creating Lot 14B) General Store Trost -- Carlton Lane (Lot line changes and create Lots 34A an B Forbes - Msrbl.eridge (Lot line changes) t u KH Trust - Salem and Forest Streets (creating several lots) Great Pond Road Realty Trust - Bradford Street/Great Pond Road (creating 3 lots Alexanian - Bear Hill Road (lot line changes) MOTION: by Mr . Burke to approve all the above plans under Sub- division Control Law Not required subject to review by Mr. Nitzscbe SECOND: by Mr. Nitzsche VOTE Unanimous - motion carries SET PUBLIC HEARING AND DISCUSSION DATES uestrian Estates - Definitive Plan Public Hearing set for 2/25/85 Meadowview - Preliminary Plan . Discussion set for 2/25/85 The meeting adjourned at 11 :00 p.m. Michael P. Roberts, Vice Chairman Jean E. White, Secretary Jahn A. James, Jr . , Clerk r.