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HomeMy WebLinkAbout1983-12-27December 27, 1983 ,Special Meeting The PLANNING BOARD held a special meeting on Tuesday evening, December 27, 1983 in the Town Office Meeting Room at 8:30 p.m. with the following members present and voting: Paul A. Hedstrom, Chairman, who arrived late; Michael P. Roberts, Vice Chairman; John A. James, Jr., Clerk; John J. Burke; and Erich W. Nitzsche. Highway Surveyor William Cyr and Town Planner Karen Pomroy were also present. The meeting was called due to the fact that the regular meeting scheduled for Monday evening, December 19, 1983 was cancelled for a lack of a quorum. PRELIMINARY PLAN SUBMITTAL - DOLAN HEIGHTS Mr. John Callahan, engineer and architect, made the following presentation: The locus is approximately 1,400'North from Granville Lane and 900 feet South from Turtle Lane. ~lr. Dolan lives in the existing house which he has owned for forty years. This is a five lot subdivision. The problems are the grade and the type of soil. The soil is cohesive but it appears percable. It is imbedded stone and there is no ledge. There are large boulders. In looking at the long piece of land, they swumg the road as shown on the plan and then swept it to reduce the grade. In light of the type of soil, if you cut down any more than is shown on the plan, you would be cutting into the material that will be necessary to maintain vegetation. Letters from the following were read and placed on file: Fire Department (12/19/83); Highwa) Surveyor (12/19/83); Board of Health (12/12/83); and Conservation Commission (written on the bottom of our Referral Form). Mr. Callahan continued with the following: Parcel B was left the way it is shown because of abutters' interests. It could be a landlocked piece of land. There has been discussion of donating it for conservation purposes. They might extend the lot line and make it a part of an easement December 27, 1983 -2- Special Meeting Dolan Heights to the lots. continued It is not needed for square footage~of the other lots. The developer of Turtle Lane should have made egress into this parcel. On the other side, they thought about having access to the high land. There are locations in North Andover where the grade exceeds 20%. Th~S plan shows an 8% to a 16% and then dropping off again. It is not hazardous. The trouble with a 50' right-of-way is that there is the potential of people stacking cars in there. Where it comes in, we could superimpose ~%, but it would take away from the vegetation. For safety purposes, they could come in with a 4% then go to 8% and then go to 16%. They could do it off Salem Street. The whole road would be dropped. They would still hold the grades as shown, but it would be a deeper cut in the hill. You should preserve the aesthetics. When you cut into the terrain and cut into terrain that is not the material growth, you have other problems. 16% will not be hazardous to the people living there. It might, however, be hazardous to plow. With this parcel of land, you cannot do better and it will be an asset to the area. In response to a question from the Board, Mr. Callahan stated that Parcel A is called "A" and not Parcel 6 because it will probably be a Form A lot, which will be a economic help to the applicant. Highway Surveyor Cyr added that this is a private proposal and there are things that will not be accepted by his department. This will be a nightmare as far as the Rules and Regs are concerned. It will open a "Pandora's Box" No one spoke in favor or against this proposal. Town Planner Pomroy asked Mr. Callahan to address the leveling off the grade of the road and the right-of-way width and Parcel B. December 27, 1983 -3- Spec}al Meeting Dolan Heights - continued MOTION: by Mr, Nitzsche to take the plan under advisement for preparing a decision for January 23~ 1984, SECOND: by Mr. Burke VOTE : Unanimous - motion carries. PLANS NOT REQUIRING APPROVAL F. Cashman Dale/Winter Streets Attorney Harold llorley was present. MOTION: by Mr. Burke to approve the plan of land located in North Andover, Mass. prepared for Frank Cashman, dated November 4, 1983 under Subdivision Control Law Not Re- quired, SECOND: by Mr. James VOTE : Unanimous motion carries. J. McCarthy Brentwood Circle Lot line change. MOTION: by Mr, James that the plan of land located in North Andover, Mass. prepared for John McCarthy, dated July, 1983 and revised November, 1983 be approved under Sub- division Control Law Not Required. SECOND: by Mr. Burke VOTE : Unanimous - motion carries, G. Farr - Salem Street Adjust lot line. MOTION: by I4r. Burke that the p~an of land located in North Andover, Mass. prepared for George Farr, dated Decem- ber 19, 1983 be approved under Subdivision Control Law Not Required. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. Note: Chairman Hedstrom arrived here. December 27, 1983 -4- Special Meeting ~.OTHER BUSINESS French Farm Village - bond reduction and release of lots No request received to date from developer - no action. Prescott Villa§e - drainage update A letter from Atty. Timothy Hatch dated December 19, 1983 was read and placed on file. Highway Surveyor Cyr added that they are cooperating, but we need a time limit. MOTION: SECOND: VOTE : by Mr. Burke to extend the completion date to June 1, 1984 and to release all but $8,500. by Mr. James Unanimous motion carries. Bear Hill bond release and bond amounts MOTION: SECOND: by Mr. Burke to release to Zachary Realty Corporation $119,067 per the Board of Public Works's recommendation and $45,000 per the Highway Surveyor's recommendation. (BPW letter dated 12/16/83 and HWY letter dated 12/5/83). by Mr. Roberts VOTE : Unanimous - motion carries. The bond amounts were not voted on due to inconsistent station numbers. To be placed on the next agenda. Fuller Meadow - sign plan ;Ir. Burke abstained. The covenant was also submitted. MOTION: SECOND: VOTE : by Mr. Roberts to sign the definitive plan of Fuller Meadows, consisting of sheets one through five, with sheets one and two to be recorded, said plan being drawn for Jayson Realty, Inc. in accordance with the Planning Board's approval, dated September 27, 1983 with a completion date of Nove~tber 1, 1985 and approve the covenant, subject to the addition ~f' the appropriate dates to be reviewed by the Chairman and Town Planner. by Mr. James Unanimous - motion carries. December 27, 1983 -5- Special Meeting Fuller Meadow continued The Board wants the conditions of approval written on the plan or a certified copy of the recorded document and the covenant should refer to sheets I th Lot I MOTION: rough 5 with sheets I and 2 being recorded. - Special Permit Watershed Decision Dale Street by Mr. Robe ment for th by Mr. Nitz che Unanimous - motion carries. rts to take the draft decision under advise- next meeting. Special Permit SECOND: VOTE : Lot 3 - Bear Hill Road Watershed - Decision MOTION: SECOND: by Mr. Roberts to grant a Special Bear Hill Road, with conditions. by ,.ir. Nitzsche Permit for Lot 3, VOTE : Unanimous - motion carries The SPecial Permit is hereby made part of these minutes. Trafalgar Estates updated Letter of Credit Town Planner Karen Pomroy informed the Board that the Letter of Credit for $26,000 expired on 12/24/83, but that an updated Letter of Credit has been submitted, with an expiration date of 12/24/84. Highway Surveyor Cyr reported that the $26,000 is adequate for com- pletion. MOTION: by ~lr. Burke to accept the Letter of Credit which expires on 12/24/84 in the amount of $26,000 replacing t~he old Letter of Credit which expired on 12/24/83, subject to review of the Chairman. SECOND: by ~,Ir. Roberts. VOTE : Unanimous~ - motion carries. Correspondence - Raymond Ahearn A letter from Mr Ahearn dated 12/8/83 was read and placed on file. The Chairman instructed the Town Planner to forward a letter to Mr. Ahearn stating that it appears that Scott's Pond is in com- pliance and we need engineering data. ~ighway Surveyor Cyr added that the outfall pipe is blocked and it'~overflowing the bank. Ben Osgood has been notified and he said he would wait until it re- December 27, 1983 -6- Special ~eeting R. Ahearn continued ceeded and then remove the pipe and correct-the blockage. Chairman Hedstrom instructed the Town Planner to forward a letter to Mr. Osgood also and to place the matter on our next agenda. Master Plan Update Town Planner Kamen Pomroy informed the Board that she has been notified that funds are available to update the Master Plan and she will write a grant requesting an update and touch upon spe- cific areas. She spoke to the State and their indication is that it will not be a full update, but a site one, I~OTION: SECOND: VOTE : Minutes MOTION: SECOND: VOTE : by Mr. Roberts to forward an application for the funding. by Mr. Burke Unanimous - motion carries. November 7, 1983 by Mr. Roberts to accept the minutes of 11/7/83 as written. by Mr. Burke Unaimous motion carries. The meeting adjourned at 10:00 p.m. P~U"I ~. Hedstro ',' Cha~'rman' Jean E. White, Secretary '[,.'?:~ "'-~*TOWN.,,, O~F NOI~T~I ANDOYER ?{'2'/".!? '. i'-?'F.:q HASSACHU S ETTS hy appeal shall be file .within (20) days after ti date of filing of this Noti~ in the Office of the Toy Clerk, Mr Daniel Long, Town Clef Town Office Building North Andover, Mass. 0184 Re: Lot 3 - Road A, Bear Special Permit - Wate Dear_Mr. Long: The North Andover Planning evening,~September 26, 198 the application of Designe was'advertised in the Nort 19, 1983 -and a31 abutters- members were present: ;:MiC James, Jr., Clerk; Joh'n:-J. The petitioner-seeks:a spe the Zoning-By-Law which-re struction within 100 feet December 28, 1983 ill Subdivision rshed District Board held a public hearing..on Monday 3'-in the*Town Office Meeting Room upon r Homes by Zachary, Inc. The hea.r_ing h :Andover-Citizen.on September-.12-and-~ were no%ifi6d by maill- Th6 following hael -P. '. Ro be nts, ~_V~i ce -:Chai.rma~;-John-A. ;Burk~e-; and-Erich:'W.:-Nitzsche;: c-iai-Permit undem:Section 4.133(d)-of-: quires-a Special-~Permi't to all-ow con- horizontally from_.the~ edge --of all tri~ '-~ck. The proposed construction activity butaries of Lake Cochiche~ and rea, The~premises.is is adjacent to but not.wi.~in a wetl a known as Lot 3 - Road A, ~r Lot 3 Bear Hill ~Subdivision-,-and is located on the-West 'side ~f Road A, having.a total area~of 47;706 square feet with 1-50 fee~.!of frontage.in the Residential-2 zoning district, m ' m'' the; osed two-story, single family;]wood-' The *construction :of PlOP frame dwelling will .have ~he'following dimensions: 75 feet;fron~; 28 feet-deep; 28 feet-hei~ht~ including aSsociated _structures. At th.e public-hearing, th~ through ;his representative ski and Associates, .Inc,~ The purpose.for which thi: application is to permit cribed single family home feet of~a wetland tributa~ Jappli6ant, Designer Homes, .testified.- -~Mr; Joseph.Cushing of Richard Fj'Kamin- he roi:lowing. Special Permit is sought :upon ~his_' he.construction of.~the.previously des- and associated'stnuctures-~within 100 ~to Lake Cochichew~ick, the town's Lot 3 - Road A, Bear Hil Special Permit - Watersh~ November 8, 1983 Page 2 water supply. The dotte denotes the wetland boun Department of Environmen Subdivision District line shown on the referenced site plan ary determined by the landowner and the al Quality Engineering on May 25, 1982. To the west side of the ~tone wall the rear property line is a wetland tributary which flows toward Dale Street and the Leland bog. Although construction will occur within the 100 foot limi- tation, there will be no mitigating devices within that designated area. The construction ~s proposed by the applicant.will permit the utilization of the l~nd in conformance with its main land use designation with minimal environmental effects. There is no sur- face water in the area, ~nd the wetland was determined due to the type of vegetation evident' on the parcel. Mr. Cushing further stat)d that no siltation or erosion will occur as a result of on site d)velopment, and haybales will be appro- ) at the northwest corner of the )d to the southern property line ~eemed-necessary by the Planning priately placed beginnin (211 contour) and extend tour} and-wherever else The.road and utilities tion. Only the. work per dated-'January 26, 1983 .w All.:other work i.s govern The,~P1 anni ng-~$-oard:-reque closers:to :the:-mi'n_imum-~30 of 'land: on _the Ldowns-tope and~:wetland.-:.This wil;l' the: parcel ,:to surround The revised plan .shall- The- fol lowing :members~- w 1983 Planning Board meet Paul~ -A.. Hedstr°m,-Chai r~ Jo)inCA. James-;'~Jr., Cl~r Upon a motion made_~y Mr the Board voted.to, grant the following .conditions 1] Only]the-proposedw¢ - Land:~n~bot<3, ~mBear Kamin~kiyand As~oci~ September.-30~-1983-, dwelling (205 con- Board. ill be installed prior to.house construc- ~i'tted under the granted SPecial Permit - ill be allowed in the-rear.of.said parcel. ~d~,by~this Speci,al Permit. st~d-_~tha-t ~the -a:pp¥icant-:rel ocate :.the. dwelling '.foot-front-setback to .avoid _disturbance · ~:side-.of:Fsaid-lot, the site~-of the brook li.minate Lpotenti-al adver, se_eff-ects ~on-~ g land-owners:,-and:to'Lake~C°chichew~:ck- flect this request.. ,e..present and 'vo~ing at the December-27, ing when~ the Board rendered its ;.decision: an;~Michael-P. Ro~erts,~-vice Cha-i~-man;- k.; ~John .:j. _~B urke; ~ a nd Eri ch~ W. '-~Nitzsche- :. Rober~ts- and seconded by~-Mr the'Special Permit reques'ted .- rk shown~on :th~ plan entitled -:Hill".Nor_th~-Andover; Mass.~" tes,'Inc., dated-September is allowed under~-th'is Special , Nitzsche~'- , subject to "~Site~lan of by~ichard~F~- -1983~-revised- Permit. Lot 3 - Road Special Permit- November 8, 1983 Page $ A, Bear Waters Upon completion of fi "As Built" plan from Registered Land Surve Board for review of ( tification will stat( plan. nal =grading and construction, a certified a Registered Professional Engineer and/or yor shall be submitted to the Planning ompliance with said approved plan. Cer- total'compliance in all respect to said All haybales shall be in place and the corners of the house staked and reviewed b~ the Planning Board prior to construction. _All constructi°n Sha Order of Conditions, 242-210. comply with the Conservation Commission's ssued on October~-13, 1983, DEQE File No. 5. An Approval Not Requ red Plan shall be submitted to the Planning Board denoting all ea ements located on Lot 3 to be recorded at the Registry of Deeds 6. A no-cut buffer~zone- hall. exist 25 feet horizontally from the edge of all tributari ~s in the Watershed, according to Section 4.133, ]Par. 3(c) of the Zoning By Law, unless conditioned upon the granting of-a variance from-the North Andover Board;of Appeals, , . . 7. ~ AnY-depa-~tures ~.-frdm~ tlhe ~appr_oved._plans ~'and/or.~condi~t~i ons ~wil 1. : be:~considered:':due4cauSe for-:the_-reci-Ssion ;of thi_s::permi%igranted'=' In -gran-ting~:the:Spec-i~al_P :rmi't:; ~the;*Planning*Board finds,~:pursuant to Section_*10:-31, Condi~t:ions-:for--Appr~va-l-of'Special _Permits; that- the-fol'16wing..conditions-are met. *Lot a. The specific site, 3 Bear Hill, on-Road-A is an appro- priate;~locat-ion for-a single :fam-iiy~:i-esidential :use in:the Watershed~-*due to th fact that the .engineer and environmental biologis_t, have ful lemonstrated that.no contamination o'f:the water :supply:or;~-disru ,tion=of-the Watershed District will :occu.m-~- from ~s-i te devel.opme b.' The*~residential use ~rmitted*.:i_n the. R-2 zoning dis:tr-ict will not adverS'el-y affec surrounding residential neighborhood or .Watershed~ since he applicant is taking the necessary*pre- cautions to:minimize any;impact to the wetland and-brook; and- is a cont.i~nUbtion~-of ts allowed surrounding residential-.use.~ c.~ Asi'a res~]t.:of.the-:i gres-s'/egress being::l]:oCated.-'i:n the south::,- east corner:of-~the 1 *t,. 'away from the; toop:;intersection~of' Road A to-the east, o nuisance or serioUs hazard to vehicles or.pedestrians exists. d. Adequate;and a'ppropriate:fac*ilities,~:such as-publ-ic water:and-' Lot 3 Road A, Bear Hill Special Permit - Watershe November 8, 1983 Page 4 jw Subdivision DiStrict sewer, will be provided for the proper operation and occupancy of the proposed resid-~ntial use. Based on site visits /the public hearing process, and review and input by appropriate town boards and departments, the single family use is considered to be in harmony with the general purpose and intent of the Zoning By Law. Sincerely, PLANNING BOARD Paul A. Heastrom, Chairman CC Applicant Project 'Engj neet Hi ghway--Surveyor Board of Public Works Board of_Health Cons-ervat~on-Commi'~si-on .--~ Fire Chief~ Bu~ ldi ng ~I'ns pec{.o.r~-;~- Parties in Interests; DEQE -.