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HomeMy WebLinkAbout1983-10-24October 24, 1983 Regular Meeting The Planning Board held a regular meeting on Monday evening, October 24, 1983 ir. the Town Office Meeting Room with the following members ,resent and Voting: Paul A. Hedstrom, Esq., Chairman; Michael '. Roberts, Vice Chairman; John J. Burke; and Erich W. Nitzsche. Town Planner Karen Pomroy and Highway Sur- veyor William Cyr were also present. PUBLIC HEARING Mills Hill (Kara Drive) - Definitive Plan Mr. Burke read the legal notice. Letters from the following were read and placed on file: High- way Surveyor (10/24/83); Board of Public Works (10/24/83); and the Tree Warden (10/18/83). Mr. Alfred Shaboo, project engineer, made the presentation: following He is representing Flynn Associates. This proposal is a 26 lot subdivision off Lisa Lane, having town water and sewer. The subdivision was approved in preliminary phase as "Mills Hill Estates". This name was dropped at the request of an abutter during the preliminary hearings. The original definitive submission consisted of the following: cover letter with appropriate forms, defi- nitive plans for registry submittal by Andover Con- sultants, construction plans, site grading plan, and definitive study, all by his office. Subsequent to the original submission, the following has been submitted to the Board: Notice of Intent, Order of Conditions, Revised Sheets 7 and 10, data and discussion relevant to the detention area on 50 Jay Road. This submission reflects the same general design as the approved preliminary plan with the exception .of slight changes in boundary descriptions due to ground survey and closure, slight changes in topography and grades due to ground survey, and changes due to order of October 24, 1983 -2- Regular Meeting conditions governing preliminary plans. The. major change here is in the drainage design. As anticipated by the Board, the drainage was redesigned to parallel the existing drainage as defined by ground survey. In the definitive design, run-off is directed through grading and piping to three general areas with the majority directed towards 50 Jay Road. The detention area at 50 Jay Road is designed to temporarily store water and outflow it to the receiving swale. As the referenced submissions detail, the outflow is at a discharge less than presently experienced. The design is a collaboration between Dr. William Moeller, a recognized expert on the subject, and myself. Through the Wetlands Protectin Act, the design has been reviewed by the Conservation Commission relative to its impact on downstream wetlands, and an Order of Condi- tions issued. He is prepared, to discuss the disposition of each of the Order of Conditions governing the preliminary plans and further discuss any facet of the design at the Board's discretion. Member Nitzsche asked - "On the water table (8'), when were they observed?" Mr. Shaboo replied "Spring of 1981." Mr. Shaboo added that the work to widen the channel cannot be done without permission from the abutters. Attorney Martin Jabobs, representing John Carter and Raymond Agler of 300 Chestnut Street, made the following points: His clients do not object to the development, but they have concerns. Theyown the property to the West of this proposed sub- division, which is two lots totaling 14+ acres. It in- cludes a lot purchased in 1977 with two dwellings on it. Another lot was purchased in 1979, which has a tower for the transmission of electronic signals. The tower lot was subject to a Board of Appeals pro- ceeding where a lesee sought to use it for cable equip- ment. It was denied and has been appealed and Mr. Carter will again petition the Board of Appeals. - Mr. Carter's access is minimal. He has spoken to the October 24, 1983 -3- Regular Meeting Fire Chief and asked his opinion about access. With this development, particularly if he cannot use the tower, the potential to use the land is minimal. It would leave Mr. Carter in a troublesome position. Mr. Cyr, Highway Surveyor, added that he doesn't think there can be a connection - Mr. Carter's driveway from Chestnut ~t. is not public or private - is is a driveway. If a connect.on is proposed, he wants to see a plan. Mr. Carter added that his intent is to keep his land undeveloped. The following neighbors spoke in opposition to the propo~ed plan: Mr. Dan Coady (Lisa Lane) Mr. Bill Gale (30 Jay Road) Mr. John Fox (42 Jay Road) Mr. Philip Sullivan (66 Jay Road) Mr. George Fitzpatrick (Mark Road) Mr. William Woodcock (Rea Street) Mr. Donald Scott (57 Jay Road) Mrs. Joyce Sullivan (66 Jay Road) Dr. Vincent Savaukinas (41 Mark Road) The neighbors concerns and objections were: Lisa Lane already dangerous and this development will add to the proDlem: increased water coming through their backyards will deteri)rate the neighborhood; pollution in the form of road salts in t'~e winter will be a problem; the Planning Board has always ma~e it a condition of approval that a subdivision not be develope without the permission of the abutters concerning the additional water; there will be more water coming through f the work is not done in the back yards; the Conservation Commission said that to make sure that there isn't a water problem, they will cut a swale through; a lot was sold to Hr. Flynn who has a Purchase and Sale with Mr. Wilson and Mr. Flynn said that he can put a retention pond on his property - within the last two weeks, a discussion was held with Mr. Shaboo and no maximum was mentioned - if the 25 lots are developed up above, why not put the easement on their property?; it (the easement) was supposed to be taken off the plan, but it is still on the plan; there will be an increase in insects; the six foot chain link fence is not desirable; the list of abutters from an earlier Planning Board meeting did not in- clude the people who abut the retention pond; the developer (in the premiminary stage) requested relief from a condition regarding the responsibility of sewer being dug up on some of this property; the Board determined in their preliminary decision that there would be no piped drainage directed toward Johnson Street but did not mention Rea Street; there is ledge downstream and the only way to remove it is to blast October 24, 1983 -4- Regular Meeting it; it will be 10-20 years before sewer comes in; any additional water will create a hardship to the abutters; the sump pumps stop when there is an electrical storm; the area cannot take any more water; it is wrong to approve the plans and compound the mistakes of the past; the storm drainage does not handle the water now; it is especially bad in the winter; when this matter came up a couple of years ago, there was a study done by Lally Associates re- garding a problem created during construction phases; one thing that has been neglected is that Mr. Giard's property slants towards Johnson Street; no provision has been made for fencing in the gravel pit - there is a problem with children wandering in there. Mr. Shaboo responded to some of the objections with stating that the slopes are all 6% or less and the Fire Department can get up Lisa Lane; they are metering the flow in the detention area and they cannot make it more wet or less; the intent of the Conservation Commission was to attempt to diminish the area of "wet" behind the houses without affecting the wetlands; they are treading on difficult ground; the easement in question was put there for pedes- trian access and for the detention area and it will be eliminated if the Conservation Commission and the Planning Board do not want it. His clients do not want it in the front yard - they have a right to put it there - it is incorporated into the Order of Conditions - it you were to access the detention area with heavy equipment, you would be going across a wetland. It has been stated in the Order of Conditions that you would go through the Kara Drive subdivision. It will be maintained in a natural state. MOTION: By Mr. Roberts to take the subdivision under advisement. SECOND: By Mr. Burke VOTE : Unanimous - motion carries. NOTE: Member James arrived here. PLANS NOT REQUIRING APPROVAL Abel - Boston Street MOTION: By Mr. Burke that the plan of land located in North Andover prepared for Richard and Jean Abel, dated 10/14/83 be approved under Subdivision Control Law Not Required. SECOND: by Mr. James VOTE : Unanimous - motion carries. OCtober 24, 1983 -5- Regular Meeting Farr, Breen, Enright - Boxford Street (Lot 8) MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Farr, Breen and Enright dated 9/23/83 be approved under Subdivision Control Law Not Required. SECOND: by Mr. James VOTE : In favor - 3 (Roberts, Burke, James) Opposed - 1 (Nitzsche) Motion carries. 114 Associates - Willow Street MOTION: by Mr. Roberts that the plan of land located in North Andover, Mass. prepared for 114 Associates, dated 10/4/83 be approved under Subdivision Control Law Not Required. ~SECOND: By Mr. Burke VOTE : In favor - 2 (Roberts, Burke) Opposed 3 (Hedstrom, Nitzsche, James) Motion fails. Mr. Benjamin Osgood argued that this portion of Willow Street is not part of the subdivision - it is 1900' long and the sub- division starts at Station 1900. OTHER BUSINESS Bear Hill - Lot 1 Special Permit - Decision MOTION: by Mr. Roberts to grant the Special Permit with conditions. SECOND: by Mr. Burke VOTE : Unanimous - motion carries. Note: The decision is made part of these minutes. Bear Hill - Lot 2 Special Permit - Decision MOTION: by Mr. Roberts to grant the Special Permit with conditions. SECOND: by Mr. James VOTE : Unanimous - motion carries. October 24, 1983 -6- Regular Meeting Note: The decision is made part of these minutes. Bear Hill - Siltation Issue Mr. David Rand was present and made the following comments: The pond is completely filled with silt and is acting as a retention area. Mr. Sangermano's property is filled with silt and is almost to the saturation point. The silt from Bear Hill has reached the ditches and is pouring through the culvert. - Nothing has been done to stop it. There are hay bales but they are not working - they are not retaining the silt on the property. What does the Planning Board propose to do? It is coming through the pipes - nobody comes to look during a storm. - It is going to the lake. The siltation must be stopped and his pond must be cleaned up. Town Planner Pomroy added that after the storm it looked O.K. but that she did not go on Rand's property. Developer Zachary Alexanian added that some of the silt was caused by the banks not being adjusted immediately by the town. They were left bare for two storms. They are taking steps to stop the silt. They will try a new product. He will meet with Mr. Welch to clean up his property. Leaving the banks open did not help the situation. Mr. Joseph Cushing added that a week ago when we had a storm, it oVerwhelmed the erosion control structures. Some silt got off the property and by the structures and onto Mr. Rand's pond and on Welch's property. Some of the haybales have piled up and are saturated. It shouldn't have happened but it did. It is not because they have not tried to prevent it. As soon as it happens, they get out there as fast as they can. More haybales will be placed out there. They might use filtration barriers. When the frost comes, it will be O.K. because it will be solid. They will prevent it from happening next spring. Mr. Rand responded that he finds this unacceptable - our drinking supply will be affected. He wants no more cutting October 24, 1983 -7- Regular Meeting and no more removal of foliage. If the situation continues, call in an expert and pay for a professional opinion. The situation may not be able to be reversed. Member Roberts directed the Town Planner to get together with the Highway Surveyor and look into the situation. Member Nitzsche suggested putting the filtration on the down- stream. Mr. Cushing said "No" - they will put additional measures if they can get onto the property. The lake will not be affected - it will not be a Mosquito Brook either. He added that after the Board, the Highway Surveyor and the Town Planner view the site, they will do what they have to do. Mr. Rand repsonded that he wants everything put in writing and that they must get into the wetland area. Member Nitzsche asked Mr. Rand if he is proposing erosion controls at the culverts and Mr. Rand responded that he is in favor of anything that will improve the situation. Mr. Cyr added that he was unaware of a problem - the in- stallation of the water was not done properly by the BPW. They took their time - the freeze could be more disasterous than they led us to believe. Stabilization of the slopes is more important. We need more checkpoints. Bear Hill - updated Covenants Reflects Atty. Callahan's ownership - the Board signed it. Willow Street - Request for Waiver from Rules and Regulations Mr. Benjamin Osgood has requested a waiver from the regulation that requires underground utilities. MOTION: by Mr. Roberts that the Planning Board grant the waiver from the Rules and Regulations Governing the Subdivision of Land regarding the Willow Street Ex-tension for the reasons that Mass. Electric gave an opinion to the Board and that the Planning Board work up an Order of Conditions which the petitioner must meet in order for the waiver to be granted. If not, the Board maintains the Rules and Regulations. And if the Board is not satisfied, the Board will keep to the Rules and Regulations with the remainder of the subdivision. SECOND: by Mr. Burke. Discussion: Member Nitzsche is opposed to the motion because if it is done this way, he is opposed to overhead wiring be- cause if the waiver is granted, the entire industrial park will be overhead. October 24, 1983 -8- Regular Meeting VOTE : In favor - 2 (Roberts, Burke) Opposed - 3 (Hedstrom, Nitzsche, James) Motion fails - request denied. Lot 1 - Dale Street - Revised Plans - Sp~c~a] p,vm~t Town Planner Karen Pomroy explained that the Special Permit granted for Lot 1 dated June 30, 1983 stated that only the plan dated October 25, 1982, revised June 14, 1983, and re- vised June 23, 1983 is allowed under the Special Permit. Since the plan has been revised again, another public hearing is necessary. Mr. Joseph Cushing, project engineer, gave a brief summary of the proposed changes. The Board set the public hearing date for November 21, 1983. Haymeadow Farms - Drain extension for Lot 18 and letter from ab~tter. A letter from D. Moore dated 10/18/83 was read and placed on file. Mrs. Moore was present and stated that all her neighbors are running into more and more water, both around their homes and in the natural waterways. It goes underneath the corner of Foster and Winter Streets. She has researched both the Planning Board and Conservation Commission files and found that when the lot was being put together, it was ex- plained that the water would end up in the retention pond. It was supposed to be a park, but that never happened. On Lot 16, there is an easement and the current developer re- ceived permission from the Highway Surveyor to put in an additional 50 feet. She questioned who is maintaining the pond. Highway Surveyor William Cyr responded that it should have been given to the town but it never was. The town main- tains the outfall. The problem goes back to when the sub- division was approved. It was approved with this drainage with 4 catch basins. It has been filled in 30 feet in some places. On the original approved plan, it showed the headwall terminating at 50 feet. When they started building on the lots, the 24 foot wide drainage easement extended through the property to the abutting property, which is the topic here tonight. He saw no problem extending the drain within the easement 90 feet to where it would terminate. He does not think this is where the problem arose. They took it upon themselves to making a 90 degree turn to the manhole and then another 90 degree turn to the lot lines, and this is when the neighbors got concerned. The people were con- cerned from the time the subdivision originated. This particular drainage, plus the drainage beyond it, was October 24, 1983 -9- Regular Meeting never intended to go into the pond. It goes to a headwall. The best lesson from this is that this came up tonight on Lisa Lane. He always asks for continuous drainage to be dumped at the most appropriate place, but the Con. Com. does not agree. These streets (Haymeadow, Deermeadow, etc.) were adjudicated. The work may still be done (pond, park) but it may not be. The drainage that was put in that was so offensive should have been removed. MOTION: by Mr. Nitzsche that the drainage from Haymeadow Rd. running through the easement from Lot 16 not be extended from what existed last week. No second - motion fails. In further discussion, Mrs. Moore said that she would appre- ciate any help the Board could offer. It is a total drainage problem and it affects the people on the other side of Foster Street. It connects with Mosquito Brook. Lots 13, 14, and 16 are on the back field and are lots that are leaching fields. Also, there is a traffic problem. Highway Surveyor Cyr responded that the traffic problem is not the Planning Board's - it is a serious problem because of the set up of Foster Street. When it was developed, they got a 15 foot road widening easement. The Highway Department will slice into the back and blast out some of the ledge. This will be a start and he will also work on street signs. The meeting adjourned at 10:30 p.m. Paul A. Hedstrom, Chairman Jean E. White, Secretary