HomeMy WebLinkAbout1979-07-02 Application for Approval of Definitive Plan 5
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APPLICATION FOR APPROVAL QF DK?INTTIVS PLAN
January .10. . 19 .79 . . .
To the Planning Board of the Town of North Andover:
The undersigned, b®ing the applicant as de�'ined°uxidax� Chapter 1� Sec iQn
81L, for ,approval of a proposed subdivision shorn on a plan
Definitive Plan of Hardtcourt Estates
by ' Frank C. Gelinas & Associates . dated 1/10/.79:"�:c:'
J being laud bounded as follows: On the North and East" by land NSF'off:
Warlick, on the South and West by Lake Cochichewick
hereby submits said plan as a DEFINITIVE plan in accordance with tho Mules and -
Regulations of the :North Andover Planning Board and makes appl; _cation to the
Board for. approval of. said plan. y
k
Title Reference: ?forth Essex'Deeds, ' Book �319� T page.--,,., � or ; '
Certificate of Title No. i Registration Book �� page ; or
Other:
Said plan has(X) has not( } evolved from a prell-ininary plan subznztted to
the Board of June 26 1978 and approved (with modifications) (
disapproved ( on Oct . 23 19 78
The undersigned hereby applies for the approval of said DEFINITIVE plan
by the Board, and in furtherance thereof hereby agrees to abide by the Boardta
Rules and Regulations. The un3crsigned hereby further covenants and agrees
with the Town of North Andover, upon approval of said DEFINITIVE plan by the
Board:
1. To install utilities in accordance with the rules' and regulatioua of the
P1atmi L19 Board, the Public Works Department, the Highway Surveyor, the
Board of Health, and all general as wall as zoning by lags of said Town,
as are applicable to the installation of utilities within the limits of .
Kays 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 Plam.�?�g Board and the approved DEFINITIVE plan, -profiles anal cross
sections of the same. Said plan, profiles, cross sections and construction
specifications are specifically, by reference, incorporated herein and made
a part of this application. This application and. the covenants and agree— '
mwnts herein shall•-be-binding upon-all heirs i%enacutors; administrators,
successors, grantees of the whole or part of said land, and assigns-of the.,
undersigned; and
3. To e mplote the aforesaid installations and construction within two (2) `
years from the. hereof.
Received by T44 Cl,
Data: Si tore of Applicant
�r�
n W. Warlick
Tams: j s
. `Uu P.O.- Box 216, No. Andover, MA 01845
Signature:
t; Address .
Notice to APPLICA-W/T010 CLERK and Certification of Action of Planning Board
on Definitive Subdivision Plan entitled:
dated By. 19 49-
1. That-the racord oKners' of the 'stibiect _land forth,;-ith a cute and 'record
a "covenant rurftiia& with the land", a.• otherwise provide urity for the con-.
struction of Ways an he installation of municipal ces within said sub-
division, all as provide G.L. c. 1�1: -S. 81-U
That all such'-constriictio d allations shall :in all respects
conform to the governing rules and r tions of this Board.
k 3.' That, as required by e North Ando e ard' of Health in its report to ,
this Board, no building o other structure shall built or placed upon Lots`
No. as shown on said Plan without the prior ,
consent of said BgaA of Health.
4. Orther conditions:
MAR 2,81M
{ SS 1y s j +se,q CD
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In the event that no appeal shall have been taken from said approval within
twenty days from this date, the North, Andover Planning Board rri11 forthwith
thereafter endorse its formal' approval upon said plan. .
The North Andover Planting Board has DISAPPROVED said plan, for the followimg
reasons: due to' latter received from Board. of Hea.l-th. dated March 5, 1979, a' oo;�y
of which is incoa.,poratecl. herewith (Nee a,ttaolted) all in Pccorder3oe with .Ch. .41 t
� -sea. 41-dJ. . - . . .. .. - . •• .• . . _
Date: I(aroh 8, 197r' By,
J41tt , '_O'+.L' �•1'S'03 '+IICL'ti.tl�l.li`i'1'�I?
FORTS D : • .
DESIGNER'S 0PRTIFT0f..T)3
January ..1,09 7.9
+ --
To The Planning Board of the Tosyn of North Andover:
Definitive Plan of
In preparing the plan enti.tled----Nardtcourt Estates
l hereby certify that the above nanod ' pla.n and accompanying
data is true and correct to the accuracy roquired by the
current Rules and Regulations Governing the Subdivision of
Land in North Andover, Massachuoottn, and my source .o.f ' :
information about the location ' of boundaries shown on said
plan were one or more of the following ;
The Society of Jesus
1 � Deed from of New England _ to John W. Warlack
dated 9/7/-77 and reoorded in theme
North Essex Registry in Book 1319 Rage 11 - •
2 . Othet plans , as follows Essex County layouts 280'1
2855 and plans by Frank C- Gelinas '& Associates dated'
7/8/77 , 5/22/78 and 10/23/78 and 11/4/77
�. Oral information furnished by
4. Actual measurement on the ground from a starting point
established by Existing monumentation shown on above
.mentioned plans
Other sources
' Signed .
(Registered Professional. Engineer.
(Seal of En'g`i'n or Reistored Land Surveyor)
or Surveyor ��ri OF�y Fran C. Gelinas
1 Andover Strget
ANK �'� or h Andover, MA 013ja._.
z c n �_. Address
wn : GEL 6NA
�0 O/S'TEP
FSS�ONhL ti�"�
i
� II
July 2- 1979 - JIMMY
Regular Nesting
The .PLANNING BOARD held a regular monthly meeting on Monday evening, July 2, 1979
at 7:30 P:M. in.the Town Office Meeting Room. The following members were present and
votingt William 'Chepulis, Chairman$ John J. Monteira, Vioe-Ohairman; Joyoe A. DiTore;
and Kiiohael P. Roberts.
There were .25 visitors present.
PCBLIC REARIffm
1 -� IY+f(ALLS CROSSIN O MOUPICATICK 'CP DEFINITIVE MWIVISIC S The Chairman read the
legal notioe., Arthur Kalogianis and-Frank Gelinas were present. ,Representing the
applioant was Atty. Reg. Marden. Speaking for'olympio Construction, Mr. Marden stated
that this shows a oul de sac ohange mentioned at previous meetings, some lot lines
have been charged following discussion with the BOARD and Mr. Cyr. ' They are prepared
to draft the appropriate document to give the entrance to the Town as soon as every—
thing is resolved with this plan-. The paved road will end at the oul de sao and after
the out de sac it will be deeded to the Town.
N. E. Power Co. representative, Turnpike St., N. A., commented that the No E. Power Co.
land is owned by them and not just an easement.. Mr. Chepul.is explained that the
purpose of this is so that it will no longer cross their land. The representative
noted the 200 ft., easement on Lot 24A and said that they do not allow any structures
on said easements and questioned where leeching fields and septios will be looated.
Mr. Kalogianis told him that they will be on the 'buildable portion of Lots 2.1k& 24A
with nothing on the easement. N. E. Power requested that it be so noted on the plans
and deeds the t a partioul.ar lot would not be buildable. Member Monteiro felt that
that would be between N. E. Power and the developer. Mr. Gelinas affirmed that the
leeohing systems on those particular lots would not be within the easement; felt it
an erroneous opinion that an "easement", per se, eliminated all building upon itsbe--
cause each easement specifies exactly what it is :for. Mike Roberts disagreed with
Mr. Monteiro's previous opinion because the BOARD should be eduonted.as to what is
happening. Mr. Chepulis also felt that it is a private matter between developer and
N. E. Power.
Letters from Highway, Fire Depto were read,
Peter Hubert 1809 Salem St., said he was very disappointed with-the area; the flood
plain for the area is not direoted properly; -it is a real disaster. Judy Sheaff, 1
Campbell Rd., felt the problem is related to Gwpbell Forest, the drainage problem was
not in existence until Olympic Lane went in.
Joe Borgesi, BPW# requested that the water again run through to Salem St, Aso there will
be better circulation of water in the subdi.visi,on.
Bud Cyr stated that we have the ownership ill the way to Salem St. When Olympic Lane
was approved, Kaalogianis went to a large expense to put in drainage and it is not
doing the job that was intended.' We have to follow these :things up to avoid more
problems. Frank Gelinas added,that the work being done presently has nothing to do
with the subdivision, it has to do with a piece of land in a private cornfield. The
people worked this with the Con.Com. and has nothing to do with Ingalls Crossing.
There in going to be a subdivision on the land near the pond and it will come to the
Planning Board, and the Highway Surveyor. regarding last winter, the culvert under
Salem St. was able to take the drainage even under severe oonditions of last January.
Auber:has an easement on his property and there is a power easement and a stream 'behind
his house. In the winter thaw the whole area floods and the water from the opposite
July 21 1979 - oont. E
E
Letter from oitizens on Campbell Rd. and Salem St. 'was read. Also, letter from Gilbert j
and Sue Meyer, 1 Campbell Rd. -All referred to drainage, envi.ronmeAtal problems.
Mir. Hedstrom stated that even though'=we can go back and forth on the drainage, he would
entertain the Con, Com.ts recommendations as a definitive ward on these problems.
Mary Laohapelle, Salem St. .� felt that they had lost already; asked how much Boston
Brook could take; no one listens to the people and we are taxpayers; even though the
drainage system looks fine on paper, ,what is really going to happen? Campbell Rd,
has been running over for 30 years.
Mr. Gelinae rebutted some of the comments made above - didn't feel that the new develop--
ment would neoessarily hake au increase in run-off, his client has no way of ,putting in
a oontrolled outlet on Mayer's pond. (Meyer has asked for this and it should be looked
into): Willing to certify that the design will work out,
Mrs. DiTore wants the applicant to get together with the Lebel'a to 4ffeot a right of
way*
Motion made by Mr. Monteiro to continue the hearing until July 16, 1979• Mike Roberts
eeocnded. Paul and Joyce told the membership that they oould not' be present. Motion -
and seoond withdrawn. Another motion made by Mr. Monteiro to oontinue the hearing until
Suly. 10, 1979 at 7:30 P,M. and seconded by Mr, Hedetrom. Vote was =ani.mous. Mr.
Roberts requested back up data regarding drainage and Mr. Gelinas said he would comply
with the request.
HARDTCCQRT ESTATES (Warlick) -- Atty. Marden and Frank Qel.inas representing. Mr. Chepulis
recapped prior proceedings regarding subdivision, namely Board of Health letter dated
March_5, 1979 recommending disapproval, subsequent letter dated May 16, 1979 was read
onoe again rescinding their original recommendation.
Letters from Fire Dept., Highway Dept., and Bd, of Health note were read. Also letter
from Can. Com. dated July 2 and a copy of Order of Conditions dated May 71 1979 and
setter from D.E.Q.E, were presented and read. WC letter dated April 13, 1979 was
entered into the r000rd. George Stern mentioned that the recommendations of the consult--
Ant, IEP, are included in the "Order".
i
Mr. Monteiro wondered if a re-hearing was neoessary, Mr. Chepulis asked if they would
consider withdrawing their petition without pre-judi.oe and pursuing a resubmittal -
Atty. Darden stated that he had been reluctant to speak because this is rgdioulous, all
of the business submitted to the BOARD by the Con. Com, is-the only different thing, but
they negleoted to say that it is all under appeal and will be. resolved with the State.
The dA--y tests; etco were mentioned by Mr. Roberts and Marden said they are not praoti-
oal and not needed, He rsoalled that the first plan submitted had some 40 odd lots on
It and since that time his client has come in with a ssries of plans decreasing the num-
ber of lots and went on about'preliminary and definitive submittals. Onoe again, he said,
we are here before you and oould see no reason why the PLAPNTNG BOMt "ti.ng In good
faith, could not sigh this plan. Mr, Roberta felt that the tone and attitude of the
petitioner has been and is one of a threatening nature; the Town realizes he is trying,
but so is the Town. Mr. Chepulis thought that the only pertinent point from tonightts
letters is that from the MOPC regarding pollutants, eta. Monteiro agreed with the
opinion of Mike Roberts involving dye testing and, in addition, felt that some-differ-
ential should be made on the drainage. Marden stated that they plan to locate the
drains and do a dye test during construction. Gelinas added that they will gladly oon-
duot a complete investigation under the supervision of the Highway Surveyor if there is
W.. J
t
July 2, 1979 cont.
any drainage beyond what his plan aahows, and agreed to Cyr+s request.
John Thompson, BPWI stated that his ooncern was for water quality by conneotion-to a � 1
piping system which is going to go into the Lake. Also voiced concern regarding the i
Watershed. Stern said that based on a filed tAp the Con. Com. made due to the appeal
to the State they round cut that an extensive drainage system plan does exist but has
not been brought forward. Elelinas interjected that under public testimony he .stated
that the drainage submitted;was based on a Sunhardt Drainage Plan, but conceded that
the records may be insufficient and it may need Further study. He felt, though, that
the information as presented was complete. He disagreed that the 4 or 5 Letters that
were read were not relevant.
Motion was made by Joyce DiTore and seconded by John Monteiro to approve the plan of
land entitled "Hardtoourt Estates" based on the Board of Health letter of rescission
subject to the following conditions: boiler plate plus 1) that any ohsnges made to the
definitive plan by other town agencies or officials shall be submitted to the Planning
Board; 2) that individual septiosystem permi,ta lmust be obtained prior to the issuance
of a building permit from the Hoard of Health iinder the rules and regL ations of "Title
V" of the State Sanitary Code; 3) that the developer shall, prior to the sale of indi-
vidual lots to individual owners, submit to the Hoard of Health percolation tests
showing the suitability of said lots for the inErtallation of subsurface disposal oystems
for single family dwellings; however, such restriction shall not prevent the mortgage
of said lots or the sale to developers or home builders against whom this oondtition
shall also remain applicable and enforceable until complied with; 4) that a Notice of
Intent shall be submitted by the applicant to the Conservation Commission in a000rdanoe
with the Wetlands Protection Act, Ch. 131 of the M.H.L.; 5) that the hydrants (5) shall
be located in accordance with the Fire Dept. lettter dated Feb.- 12, 1979 and as marked on
said plan by the Board of Fire Ungineers, and that the fire Alarm be brought in from
Great Pond Rd. and Pond St. to the development, and one (1) Street Box on Bonny.Lane
near Lot #1 as per Fire Dept. instructions; 6) that all water improvements shall be
in accordance With the recommendations of the Board of Public Works letter dated Feb.
22, 1979 including the additional recommendations of the Hoard of Publi,o Works in said
letter as followsx a report inoluding hydraulio computations, flow and-origin of drain
pipes existing on the property, estimated sodiui impact on the Lake, and estimated
nutrient loading on the Lake as Drell as a construction schedule and the amount of fill
to be place; and that all construction and outt`pi�ng shall be in compliance with Sea.
4.133 of the North Andover Zoning By Law, govexdhing the Watershed Distriot, which Mao
approved at Towns Meeting June 26, 1978; 7) than the recommendations of the Highway
Surweyor$e letter dated Feb. 26, 1979 shall be adhered'to; and 8) a Certificate of
Compliance from the Conservation Commission shall be required prior to'a release of any
bond or covenant. Daring discussion Mr. Hedstrem amended the motion to add that a
Certificate of Compliance be required and Mrs. iTore seconded. Di.acussion took place
with Vince Tairano, 191 Brentwood Circle, regarding the sedimentation basins increase
in run-off, spillways, erosion, Lake pollution. : Skip Corwin, Bridle Path; asked the i
BOARD to proceed with action,, VCPEN. Chepulis, Monteiro, DiTore in favor; Roberts
opposed; Hedstrom abstained.
PLANS NOT REQUIRING APPROVAL.
1 - MARK NERY, Turnpike St.: Motion by Monteiro to endorse as not requiring approval
under subdivision control lair plan of land dated June 18, 1979# for Willow Industrial
Park. Second by Roberts. Mr. Chepulis suggested amending the motion to include a
atatement that the PLANNING BOARD endorsement state as fmllows: "the P. B. endorse-
ment hereon applies oPecifioally to the 3 lots as shown as meeting the required area
and frontage on a public way and with access to each lot from the public war (Turnpike
St., Rte. 114); any other access to the lots will be deemed to oause these lots to be