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HomeMy WebLinkAbout1983-11-07November 7, 1983 Regular r,~eeti ng The Planning Board held a regular meeting on Monday evening, November 7, 1983 in the Town Office Meeting Room with the following members present and voting: Michael P. Roberts, Vice Chairman; John J. Burke; and Erich W. Nitzsche. Town Planner Karen Pomroy and Hi§hway Surveyor William Cyr were also present. MILLS HILL (Kara Drive) - Continued Public Hearing Mr. A1 Shaboo, project engineer, was present and continued his presentation to the Board as follows: - Since the last Planing Board meeting, he has met with Con- servation and the Town Planner as well as Mr. Nitzsche and Mr. Carter of 300 Chestnut Street. No reply from Con. Com. has been received to date. The detention area is located as remotely as possible from the houses on Jay Road. The closest house is 50 Jay Road and it is surrounded by a buffer of trees. It will not be visible. The construction, ac~ordin§ to the Con. Com., is to proceed from the Kara Drive side of the property down the drain easement. The buffer area is on the down stream side several hundred feet from the house. The stakes mark the outer tow of slope. There will be cutting within the stakes. On the easement on the 50 Jay Road property (access/egress easement to the detention area) it is up to the Board. It was put on the plans because construction must proceed from a certain direction and it would be hard to inspect the work without it. On erosion and siltation, the definitive study addresses them and the Con. Com.'s Order of Conditions addresses them. The following neighbors spoke in opposition and/or raised questions and concerns regarding this subdivision: Mrs. Gale, 30 Jay Road; Mrs. Phillip Sullivan; Mr. George Fitzpatrick; Donald Scott; Atty. Martin Jacobs for Mr. Jack Carter; Mrs. Coady; Daniel Coady; Mr. Bill Gale; Dr. Vincent Savaukinas. The majority of the concerns were the size of the drainage pond, service of the retention pond, the removal of trees, the grade of Lisa Lane and its problems in the winter, possible flooding, increased percolation of the pond, and drainage problems. k November 7, 1983 -2- Regular Meeting Mills Hill continued Highway Surveyor Cyr added that it is good drainage practice to put in better drainage downstream to solve existing problems and to retain the drainage and minimize the flow, He does not like retention ponds or the thoughts of maintaining detention ponds.. On the question of the maintenance of the pond, he doesn't know how it will be maintained as of now, but someone will have to go in there periodically. Mr. Shaboo added that it is not a pond it is a retention area. Con. Com. requested that it be designed to outfall not just-the design storm but lesser severe storms. It is still designed NOT to hold water for a lengthly period of time, but to control water. Mr. Ton~ Galvagna, Chairman of the Con. Com., added that it is a detention pond, not a retention pond. The Con. Com. wants the developer to take care of the nuisance storms. The design is currently under consideration by the Con. Com. The intent is to allow the water to flow at a rate no greater than it is now. There are percolation pipes in the ground to take care of the water and the downstream flow. Con. Com. says that the rate of run-off cannot be increased. MOTION: by Mr. Burke to close the public hearing and take the petition of Kara Drive under advisement. SECOND: by Mr, Nitzsche VOTE : Unanimous motion carries. MILLS HILL - discussion with Mr. Jack Carter Mr. Carter presented a plan to the Board showing access to his property. He stated that if Kara Drive seals him off he is in a position of being unsafe. Mr. A1 Shaboo added that the problem is that they would be putting in a driveway across another person's house lot. Mr. John Maguire, Board of Fire Engineers, voiced his concern with common driveways and not having access to the buildings. It is a matter of width and grade. Town Planner Pomroy added that she would like to discuss the situa- tion with the Fire Chief for a later discussion wit~ the Planning Board. November 7, 1983 -3- Regular ~eeting k PLANS NOT REQUIRING APPROVAL Bear Hill Road (Road A).- Desi.g.ner HOmes Change in lot line. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. dated 11/7/83, showing the relocation of lot lines between lots 7 and 8 be approved under Subdivision Control Law Not Required, subject to review by the Town Planner for conformance with the Rules and Regulations. SECOND: by Mr. Nitzsche VOTE : Unanimous motion carries. Bear Hill (Road A) Bear Hill Development Trust (2 sheets) MOTION: by Mr. Nitzsche that the plan of land located in North Andover, Mass. prepared for Bear Hill Development Trust dated 11/4/83 be approved under Subdivision Control Law Not Required comprising sheets 1 and 2 prepared by Richard F. Kaminski and Associates said plan showing the revision of lots 15 through 21 on the approved definitive plan of Bear Hill, said lots now being shown as lots 15A through 21A. SECOND: by Mr. Burke VOTE : Unanimous - motion carries. Lexington Street - Frank and Mavis Dushame Board of Appeals approved plan - division of land. MOTION: by Mr. Burke that the plan of land located in Nobth Andover, Mass. prepared for Frank and Mavis Dushame, dated September, 1983 be approved under Subdivision Centrol Law Not Required. SECOND: by ;.ir. Nitzsche VOTE : Unanimous - motion carries. Salem Street - Caroline McLaughlin Remove lot line and change two parcels into one. MOTION: by ~.tr. Burke that the plan of land located in North Andover, Mass. dated October, 1981 be approved under Subdivision Control Law Not Required. SECOND: by Mr. Nitzsche VOTE : Unanimous motion carries. November 7, 1983 -4- Regular Meeting PNRA's - continued Bear Hill (Road A) - Bear Hill Development Trust MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Bear Hill Development Trust, dated 11/4/83, be approved under Subdivision Control Law Not Required, SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries, OTHER BUSINESS Bear Hill Discusison with neighbors The following abutters to the Bear Hill Subdivision were present: David Rand, Mr. McCallister, and Mr, Steven Callahan. Mr. Rand reported that they were out there today and the siltation has engulfed and Lake Cochichewick is being affected. As of today, the silt from Bear Hill has made its way to the lake, Mr. McAllister asked for immediate relief. AlsG, the developer damned Mr. Smith's property without his permission. Mr. Callahan reported that he lives across the street from a dry retemtion area. After the rain last Friday, the water was approaching and coming over the top of the street. Mr. Rand added that a resolution should be passed tonight saying that no more cutting will occur on the hill. Every twig and tree should be left alone. The hill was supposed to be cut in stages and it has been left wide open. Zachary Alexanian, developer, reported that the plans have been adhered to. A lot of siltation is coming off the bare portion of the road which will be hottopped within a week to 10 days. The drain that is across Dale Street is picking up a lot of the water from the siltation ponds. By raising the outlet in the siltation ponds it will pick up what crosses Dale Street. With the exception of 3 or 4 lots, he can live with no cutting. He will not cut until he gets together with concerned parties on the site. The brook near the Welch property was extremely silty about a week ago. They have cleaned it up. Mr. Tony Galvagna, Chairman, Con. Com., added that the scope of the job has gone beyond what was proposed. What they have exposed far surpasses what was planned and is the direct cause of the problems. The measures being taken now are three months too late. We are on the brink of disaster. November 7, 1983 -5- Regular Meeting Bear Hill continued Highway Surveyor William Cyr added that we have to control the job. He has never seen a developer do any more to control and implement this type of situation. Once the gravel is down and the binder is on, most of the problem will be solved. The slopes have been re- tained and there is no need to panic. Bear Hill bond release A letter of request from Zachary Alexanian, dated 10/24/83, was read and placed on file. A letter from the Highway Surveyor, dated 11/7/83, was also read and placed on file as well as a letter from the BPW dated 11/7/83. MOTION: by Mr. Burke to release $12,000 per the Highway's Surv.~yor~s recommendation and $36,720 per the BPW's recommendation. SECOND: by Mr. Roberts (passed the chair to Mr. Nitzsche) Oppos Motion carries Bear Hill Deve A letter from & placed on file. A letter from th on file. MOTION: by Mr. recom~ SECOND: by Mr. VOTE : Unani Bear Hill Ro Mr. Joseph Cush Most of the 5 or 6 feet. be less in a __ ~ other struct A lette[ from ~ on file He h with the draina VOTE : In favor - 2 (Roberts, Burke) d 1 (Nitzsche) )pment - Bond Release tty. Thomas CaQlahan, dated 11/4/83, was read and e Highway Surveyor dated 11/7/83 was read and placed Nitzsche to release no money in accordance with the endations of the Highway Surveyor and the BPW. Burke ~u$ motion carries. d Grade Change lng was present and made the following statements; change is about 4 feet. One section is changed by There will be a change in the grade but it will nother portion (less than 2 feet). All of the ures will remain the same. he Highway Surveyor dated 11/7/83 was read and placed $ no problem with the change, but he has a problem ge design at the intersection of Road C and Station 28 and the intersection of Road A and Dale Street. The changes were not authorized by him and he wants to stick to the approved plan. November 7, 1983 -6- Regular Meeting Bear Hi 11 MOTION: Road grade change - continued by ~r. Nitzsche that the Planning Board accept the revisions on the road grade (profile changes) as presented by Mr. CUshing. SECOND: by Mr. Burke Discussion: Mr. Cyr wants a determination made on who is going to set the drainage design. VOTE : Unanimous motion carries. On drainage, Mr. Roberts asked to discuss the situation and Mr. Cyr reported that at the intersection of Dale St. and Road A. the cross over catch basin calls for an 18" pipe. This was not on the defini- tive plan. The contractor, in trying to implement this, has run into the water main with the conflicting grades. There is a 12" pipe going into a catch basin and a cross over pipe of 15" going into a 12" pipe. Why go from a 12" to a 15" back to a 12"? The drainage running off the hill to the other side of the road, which is poor drainage practice, because of the fact that you are dumping the debris and siltation to the other side. He wants to revert back to the approved plan. Mr. Cushing reported that the change was made at the Planning' Board's request. MOTION: by Mr. Burke to allow Mr, Cyr to make the necessary changes in the field pertaining to his letter and have the developer install drop manholes and change the pipe sizes on the pipes, SECOND: VOTE : by Mr. Roberts (passed chair to Mr. Nitzsche) In favor - 2 (Roberts, Burke) Opposed - I (Nitzsche) Motion carries. Presoott Village - completion date Atty. Tim Hatch reported that they need another extension of time to complete the subdivision. They have been working with the H.S, and the abutters. They have contacted George Henderson Co. to do the drainage work. The only problems are paving the driveways and the back of the structures and putting in the berms. A new coat of pavement on Stacy Drive will be done. He asked for an extension to 12/1/83. A letter from the H.S. dated 11/7/83 was read aBd placed on file. Mr. Cyr recommended 11/20/83 and the Board will discuss this item at their 11/21/83 meeting. November 7, 1983 -7- Regular Meeting Hardtcourt Estates (Bonny Lane) completion date Town Planner Pomroy reported that no work has been done, A letter from the Highway Sumveyor dated 11/7/83 was read and placed on file, Mr. Cyr reported that the Cape Cod berm has been installed but it should be backed up with earth. In the area of the grease trap, he was impressed with how pretty it looked. The people on either side of it landscaped it. MOTIS' SECOND: by Mr. Burke VOTE : Unanimous Rules and Regulations MOTION: by Mr, Nitzsche to enforce the bond on the Hardtcourt Estates (Bonny Lane) subdivision so that the town can finish the work. motion carries. increase price by Mr. Burke to increase the price of the Rules and Regu- lations Governing the Subdivision of Land to $10.00. SECOND: by Mr. Nitzsche VOTE : Unanimous motion carries. The meeting adjourned at 10:30 p.m. Jean E. Whi~e, Secretary