HomeMy WebLinkAbout1986-07-07115
REGULAR MEETING - JULY 7, 1986
The PLANNING BOARD held a Regular Meeting on Monday evening,
July 7, 1986 in the Town Office Meeting Room with the following
members present and voting:
Erich W. Nitzsche, Chairman; Michael P. Roberts, Vice
Chairman; John L. Simons, Clerk; John J. Burke.
Karen Nelson, Town Planner was also present. The meeting was
called to order at 8:15 p.m.
PUBLIC HEARINGS
Anne Rd., Sideri, Special Permit - Common Driveway - Lot 1,2,3
John Simons read the legal notice and letters from Conservation
Commission with their Order of Conditions, Board of Health, Fire
Department. Mr. Joseph Cushing of Richard Kaminski Assoc.
represented the applicant and made the following comments:
MOTION:
SECOND:
VOTE:
- The original subdivision plan approved approximately one
year ago by the Planning Board showed 3 driveways to
service the 3 house lots. The Conservation Commission,
in their order of conditions, states that one driveway
be installed to cross over a narrow portion of the
wetland to service the 3 lots.
- Driveway is approximately 120 ft. long. The width is 17
ft.; the base in the wetland area is 28 ft. in order to
maintain stability in the slopes.
- Two 24" RCP pipes beneath culverts will be installed.
- His clients have no objections to guardrails being
installed but do not feel they are necessary.
By Michael P. Roberts to close the Public Hearing and take
the special permit under advisement and to schedule a site
visit.
John J. Burke.
Unanimous.
Lot 1,Carriage Chase - Kasabuski - Special Permit - Wetland
construction
John Simons read the legal notice and letters from the Board of
Health and Fire Department. Mr. Phil Christiansen, from
Christiansen Engineering represented the applicant and made the
following comments:
- The project consists of the construction of a
residential house, driveway, and pump station for the
sewer.
- Lot 1 consists of 6.4 acres located off the end of
Carriage Chase in the Marbleridge Subdivision.
- It will connect to an existing sewer system.
- A conduit will be installed under the stream to install
utilities.
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MOTION:
SECOND:
VOTE:
- The project has been approved by the Conservation
Commission.
- Slightly over 50 ft. frontage - pork chop lot which was
shown on the original plan.
- Erosion controls will consist of haybaling around
construction, check dams and pumping.
Abutters comments:
- Chuck Papalia, Coachman's Lane - how long private
driveway? 1700 ft. Why such a large conduit
and what type of lighting is to be used? Lighting not
decided yet and large conduit to accommodate any future
utility.
- Robert Kingsley, Coachman's Lane - why four turnarounds
in driveway? Good practice; fire dept. would also like
it. They will accommodate what the Planning Board
recommends.
- Albert Movsesian, Great Pond Rd. - how will alter the
flow of water to Lake Cochechiwick? No change in steam,
no bottleneck.
By Michael P. Roberts to close the Public Hearing, take
the matter under advisement and schedule a site visit.
John J. Burke.
Unanimous.
APPROVAL NOT REQUIRED FORMS
Elm & Church Sts., Redman, lot line change, Parcel A & B
Rosedale Ave., Comstock Estat~
MOTION:
SECOND:
VOTE:
By Michael P. Roberts to deny the Form A plan because it
does not meet the Planning Board's Rules and Regulations
with regard to Contiguous Buildable Area.
John J. Burke.
Unanimous.
NOTE: Paul A. Hedstrom arrived at the meeting (9:20 p.m.)
So. Bradford St. (2), Harold Morley, establish lot lines for land
MOTION:
SECOND:
VOTE:
court
By Michael p. Roberts to approve the two Form A plans
subject to a notation being placed on the plan that So.
Bradford St is not maintained by the Town.
John L. Simons.
Unanimous.
Wintergreen Drive, Vincent Grasso, lot line change
MOTION: By Michael P. Roberts to approve the Form A Plan for
Wintergreen Drive.
SECOND: Paul A. Hedstrom.
VOTE: Unanimous.
DECISIONS
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Laconia Circle - Lots iA & iD - Special Permit, Common Driveway
MOTION: By John J. Burke to conditionally approve the Common
Driveway Special Permit for Lots lA & iD Laconia Circle as
shown on plans dated June 18, 1986 and June 2, 1986
prepared by Thomas Neve Associates of Topsfield, MA
subject to the eight (8) conditions stated in the draft
decision.
SECOND: Paul A. Hedstrom.
VOTE: Unanimous.
NOTE: This decision hereby becomes a part of these minutes.
Laconia Circle - Lots 10B, llA, 12A - Special Permit, Common
MOTION:
SECOND:
VOTE:
NOTE:
Driveway
By Michael P. Roberts to conditionally approve the Common
Driveway Special Permit for Lots 10B, llA, 12A Laconia
Circle as shown on plans dated May 19, 1986 prepared
Thomas Neve, Associates of Topsfield, MA subject to the
seven (7) conditions stated in the draft decision.
John J. Burke.
Unanimous.
This decision hereby becomes a part of these minutes.
Foster St. - Lots 3A & 4A - Special Permit - Common Driveway
MOTION:
SECOND:
VOTE:
NOTE:
By Michael P. Roberts to conditionally approve the Common
Driveway Special Permit for Lots 3A & 4A Foster St., as
revised, by Kaminski & Associates, Inc., of North Andover,
MA subject to the six (6) conditions stated in the draft
decision.
John J. Burke.
Unanimous.
This decision hereby becomes a part of these minutes.
Turner Estates - Definitive Subdivision
MOTION: By Michael P. Roberts to take this matter under advisement
and render a decision at the July 21, 1986 Planning Board
meeting.
SECOND: John L. Simons.
VOTE: Unanimous.
DISCUSSION
Bridges Subdivision - Status
John J. Burke informed the Board that Heffron & Sons, paving
contractors, have been contacted and will be paving within 2-3
weeks. Karen Nelson confimed the dates with Heffron.
Bear Hill Subdivision - Status
MOTION: By Michael P. Roberts to release $20,000 in accordance
with the Highway Surveyor's recommendation.
SECOND: Paul A. Hedstrom.
VOTE: Three in favor; one opposed (J. Simons).
MOTION: By Michael P, Roberts that the Planning Board initiate the
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SECOND:
VOTE:
process of rescission on this subdivision by commencing
advertising the Public Hearing for the August 4, 1986
Planning Board meeting.
John L. Simons.
Unanimous.
Heritage Builders Special Permit - Salem Street
Mr. Robert Haverty, developer of Heritage Estate and applicant
for this Special Permit was present to discuss the report on Water
Quality Impacts on Lake Cochichewick prepared by Normandeau
Associates, Inc. Paul Hedstrom raised the issue of whether the
Planning Board should be hearing any discussion or acting on a
Special Permit which is presently under litigation. The deadline
for a decision to be filed with the Town Clerk on this project is
July 31, 1986 and therefore should be referred to Town Counsel for
their opinion.
MOTION:
SECOND:
VOTE:
By Michael P. Roberts to refer the question of whether the
Planning Board has the right to issue decisions on
subdivisions or special permits while they are in
litigation to Town Counsel.
Paul A. Hedstrom.
Unanimous.
Cabot Village - Site Plan Review
Mr. Bill Place of Richard Kaminski Associates was present at
the meeting to give a brief overview of the Traffic Impact Study
that their firm did for the Cabot Village applicants. Chester
Janiak, attorney for the Lawrence Eagle Tribune stated that he
objected to the Planning Board accepting the Traffic Study since the
Public Hearing was closed and he stated that receipt of it was an
irregular procedure. Mr. Janiak suggested that the Planning Board
reject this Traffic Study and accept the one previously done by the
Merrimack Valley Planning Commission and to deny this Site Plan
Review. Chairman Nitzsche stated for the record that when the
Public Hearing was closed the motion was to request the applicant to
present the Planning Board with the Traffic Study when it became
available. The motion passed unanimously at the March 24, 1986
meeting.
Prescott Village
Michael Roberts read a letter from Timothy Hatch addressed to
Buddy Cyr requesting that the Bond be released on Prescott Village
Development. No letter has been received from Buddy Cyr on this
issue.
MOTION: By John J. Burke to conditionally release everything
except $2,000 subject to the Highway Surveyor and the
Planner agreeing with the petitioner's request.
SECOND: Michael p. Roberts.
DISCUSSION: Erich Nitzsche requested that we obtain something in
VOTE:
writing from the Highway Surveyor before acting on this
release and to request the reasons why Mr. Cyr wants to
withhold $2,000.
Unanimous.
Bylaw Fee Increase
MOTION:
SECOND:
VOTE:
By John J. Burke to increase the fee of the Zoning Bylaw
to $15 due to an increase in printing costs.
Paul A. Hedstrom.
Unanimous.
Marbleridge Estates - Lots 13, 14, 15, 16 Drainage Easements
MOTION:
SECOND:
VOTE:
By Michael P. Roberts to conditionally release these lots
which have temporary drainage easements subject to
receving a letter from the Highway Surveyor recommending
this action, review from the Town Planner and a site visit
with the Chairman, Mr. Nitzsche and the Town Planner.
John J. Burke.
Unanimous.
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MOTION:
SECOND:
VOTE:
By John J. Burke to release $15,000 from the Marbleridge
Estates bond in accordance with the Highway Surveyor's
recommendation.
Michael P. Roberts.
Unanimous.
Deerfield Lane
The Board discussed at some length the drainage problems on
site with Phil Christiansen, the engineer on the project. Mr. Dave
Lincoln, an abutter to the subdivision, expressed his concerns: he
would like the Planning Board to review the Revised Plans for the
subdivision in accordance with the Conservation Commission's
recommendations.
Grosvenor Avenue
Michael Roberts read a letter from Atty. Timothy Schiavone with
regard to acceptance of said road in its present state. The letter
will be forwarded to Mr. Cyr for his comments.
Orchard Hill - Letter of Extension
MOTION: By Michael P. Roberts to accept the letter granting the
extension on Orchard Hill Subdivision until July 22, 1986.
SECOND: John J. Burke.
VOTE: Unanimous.
Spring Hill Subdivision - Status
John Burke read a letter from Michael Graf, Board of Health,
120
stated that the contaminated water is the result of improper fill
and not sewerage; it is not a health hazard. Neither the engineer
or developer was present at the meeting to update the board on the
status of the detention pond on lots 6 and 7, Summer Street.
MOTION:
SECOND:
VOTE:
By Paul A. Hedstrom to send a letter to Thomas Neve, Paul
St. Hilaire and Mr. Maillet to attend the July 21, 1986
Planning Board meeting and provide us with a written
proposal for improving the appearance of the site for both
aesthetic reasons and for proper functioning. Also,
because of the condition of the retention pond, a field
change of circumstance exists which may require that we
reopen the Subdivision and re-examine the amount of Bond
security. We will also discuss the timing of re-opening
the Public Hearing.
John J. Burke.
Unanimous.
BONDS
Frances and Florence Estates - Bond Agreement
MOTION:
SECOND:
VOTE:
By Michael P. Roberts to conditionally accept the Bond
Agreement for Frances & Florence Estates subject to the
Town Planner and Town Counsel review and to request that
tree cutting be kept to a minimum and attach that
condition to this document.
John J. Burke.
Unanimous.
Trafalgar Estates
MOTION:
SECOND:
VOTE:
By Michael P. Roberts to conditionally accept Mr. Cyr's
letter of recommendation to hold $10,000 as bond security
and to accept a passbook from Bank of New England in that
amount and Form H, Performance Secured by a Passbook
provided that Ambrose Flately cleans up the debris in his
subdivision.
John J. Burke.
Unanimous.
The meeting ADJOURNED at 11:15 p.m.
Erich W. Nitz$che, Chairman
cy /~. S~venson, Secretary