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1984-01-23January 23, 1984 Regular Meeting The PLANNING BOARD held a regular meeting on Monday evening, January 23, 1984 at 7:30 p.m. in the Town Office ~4eeting Room with the following members present and voting: 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. KARA DRIVE - Special Counsel Attorney Peter Caruso has been appointed by the Selectmen to represent the town in the court case brought by the abutters to the Kara Drive subdivision. MOTION: by Mr. Burke to appoint Attorney Caruso as Special Town Counsel to represent the Planning Board in the Kara Drive litigation. SECOND: VOTE : by Mr. Nitzsche In favor - 3 (Roberts, Burke, Nitzsche) Abstain - 1 (James) Motion carries. PLANS NOT. REQUIRIN~ APPROVAL Bear Hill Development, Inc. - "Road C" Town Planner Pomroy stated that the plan needs to show the old lot lines and a reference to the covenant. No action. Taken up later in the meeting. Subatch, Grace - Thorndike Road/Perley Road A variance was granted by the Board of Appeals allowing the subdivision of one lot into two lots. The abutters appealed the Board's decision and it has been settled after two+years. The plan does not meet the current requirements of the Rules and Regs. A Planning Board signature is needed for recording purposes. ~40TION: by Mr. Burke that the plan of land located in North Andover prepared for John Subatch dated 8/29/80 be approved under Subdivision Control Law Not Required. SECOND: by Mr. James VOTE : Unanimous - motion carries. January 23, 1984 -2- Regular Meeting PNRA's - continued Land Vest Properties, Inc. - Bridges Lane (2 plans) Member Burke abstained. The plan is to give access to back land which is landlocked. · I is an easement. The land was ~ubject to Land Court. MOTION: There by Mr. James that the plan.of land located in North Andover, Mass, prepared for Land Vest Properties, Inc. dated 1/5/84 and the plan prepared for Land Vest Properties, Inc. dated 1/6/84 be approved under Subdivision Control Law Not Required, SECOND: by Mr. Nitzsche VOTE : Burnham - Campbell Road Unanimous - motion carries. This plan was before the Board recently. The applicant has changed her mind. Parcels 1 and 2 will be conveyed to Melendy. The remaining land is Burnham's and Lot C becomes a legal lot. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Marcia Burnham, dated 1/13/84 be approved under Subdivision Control Law Not Required. SECOND: by Mr. James VOTE : Unanimous - motion carries. Et A1 - Bridges Lane Member Burke abstained. Change in lot lines between Lots 6lA and 62A. MOTION: by Mr. James that the plan of land located in North Andover, Mass. prepared for Et A1 dated 1/12/84 be approved under Subdivision Control Law Not Required. by Mr. Nitzsche Unanimous - motion carries. SECOND: VOTE : Willows - Willow Street There is a sign on the property which does not conform to the Zoning By Law. Town Planner Pomroy said it needs an access easement serving Lot lC. The plan was returned to the applicant fo~ more information. January 23, 1984 -3- Regular Meeting PNRA's - continued MOTION: by Mr. Nitzsche that the Planning Board disapprove the plan located in North Andover dated 1/20/84 on the basis that it circumvents the Subdivision Control Law in creating a strip of land that is inaccessible for the purpose for which it is being presented. SECOND: by Mr. Burke VOTE : In favor - 3 (Roberts, Nitzsche, Burke) Opposed - 1 (James) Motion carries. DECISIONS Dolan Heiqhts - Preliminary Subdivision MOTION: by Mr. Nitzsche that the Planning Board disapprove the Preliminary Plan of land entitled "Dolan Heights" dated October, 1983 for the following reasons: SECOND: by Mr. Burke VOTE : Unanimous - motion carries The Board's decision is made part of these minutes. Lot 1 Dale Street - Special Permit - Watershed MOTION: by Mr. Burke to grant the Special Permit subject to the following conditions: SECOND: by Mr. Nitzsche VOTE : Unaimous - motion carries. The Board's decision is made part of these minutes. OTHER BUSINESS Bear Hill - Bond Amounts and Street Names Letters from the following were read and placed on file: Board of Publis Works (12/8/83) and Highway Surveyor (1/23/84). The Subdivision Control Agreement was signed. MOTION: by Mr. Burke to accept the figures from the BPW and the Highway Surveyor and accept the Subdivision Control Agreement subject to review by the Town Planner and Chairman. SECOND: by Mr. James VQTE : Unanimous - motion carries. January 23, 1984 -4- Regular Meeting MOTION: SECOND: VOTE : PNRA Bear Hill - continued John Tuttle stated that the Subdivision Control Agreement is a duplicate of the first instrument. The changes are the locations and bond amounts. The following street names weTe submitted for approval: Road A - Bear Hill Road Road B - Kittredge Road Road C - Blue Ridge Road by Mr. Burke to accept the street names subject to approval by the Fire Chief and the Police Chief. by Mr. James Unanimous - motion carries. Bear Hill Development, Inc. - Road C MOTION: by Mr. Burke to approve the plan of land located in North Andover, Mass. prepared for Bear Hill Development, Inc. dated 1/19/84 with the conditions that the old lot lines be shown and the Town Planner being satisfied with the plan and a notation that Sheet 1 of 2 shows 2lA, 22A and 23A; Sheet 2 of 2 shows 2lA, 22A, 23A, and 24A and see Sheet 1 of 2 for the balance and that Roads A and C be changed to the roads that were approved tonight. SECOND: by Mr. James VORE : unanimous - motion carries Mr. Cyr added that driveway entries will be held in strict compliance. French Farm Village - Bond reduction and release of lots Letters from the following were read and placed on file: Highway Surveyor (1/23/84) and BPW(1/6/84). Town Planner Pomroy stated that we are not going to release any funds. The applicant wants to release Lots 23-31 and 42-51. There is a release agreement in the file. The total amount of the Highway, BPW, and Tree Departments to hold would cover the entire completion would be $200,000+. He would like the town to hold six lots and hold the $191,216.that is presently in the bond agreement. MOTION: by Mr. Burke to release Lots 23-31 and 42-51 holding $191,216 and accept the letters. January 23, 1984 -5- Regular Meeting French Farm Village - continued SECOND: VOTE : In favor Opposed Motion carries. Willow Street Bond Release by Mr. James 3 (Roberts, James, Burke) - 1 (Nitzsche) Letters from the following were read and placed on file: Beh Osgood (1/19/84) and BPW[1/6/84). MOTION: by Mr. Burke to release $48..000 per the BPW's recommendation. SECOND: By Mr. James VOTE : Unanimous - motion carries. Raymond Ahearn - follow-up to letter - Ingalls Crossing Mr. Ben Osgood was present and reported that the pipe (Scott's Pond) gets plugged up. There is still a pipe there. There is a restriction for off-site drainage. They will fix it this spring-. Highway Surveyor Cyr a~ded that a better solution is available. When we approved Olympic Lane they put in 2' drainage. This level is the intake and is compatible with the elevation of the pond. In times of emergencies the pond breached and overflowed. It is a shame because it was expensive to put it in there. Mr. Osgood added that under its present design it will never work correctly. Fuller Meadow - Set completion date Member Burke abstained by Mr. James to set the completion date at 11/1/85. MOTION: SECOND: VOTE : by Mr. Nitzsche Unanimous - motion carries. Prescott Village release No action - need release from BPW. January 23, 1984 -6- Regular Meeting R. Forget - submittal of plan for Special Permit (lots 3 and 4) Public hearing set for 2/27/84. Budget - Fiscal 1985 ~4OTION: by Mr. Burke to approve the Fiscal 1985 budget as prepared by the Board's secretary for submission to the Advisory Board. SECOND: by Mr. James VOTE : Unanimous - motion carries. MINUTES - 10/27/83 and 12/27/83 MOTION: by Mr. Burke to approve as written. SECOND: by Mr. James VOTE : Unanimous - motion carries. The meeting adjourned at 9:00 p.m. Michael P. Roberts, Vice Chairman Jean E. White, Secretary Notice to APPLICANT/TOWN Cl.~EK of Action of p18~lBO~d Ol'A~l~]~.mtB~l~r Subdivision PI~ entitled: "DOLAN HEIGHTS" _ dated , October,.. 1983 By: John Callahan Associates _ 2. The North Andover Planet Board has disapproved said plant for the follo~rlng reasons: SEE ATTACHED Very truly ~rours, NORTH ANDOV~ PLANNI~ BOARD Michael P. Roberts t Vic.e C_hairman Date~ , Janua.ry 23, 1984 Decision Preliminary Subdivision Plan of "Dolan 1514 Salem Street, North And.var, Mass. January 23, 1984 1. The propose~ rOad grade of sixteen percent (16%)f~ exceeds' that which ~s Permitted under the Subdivision Rules'and Regu- lations, Section IV A, 3a, Road Grade. The applicant has not demonstrated that the excessive road grade will NOT adversely affect the life, safety, and health of the inhabitants of the Town of NOrth Andover. The forty (40)i foot rightiof-way width shown on the plan does not conform tol Section IV A, 2a, Road Width, which requires a fifty (50) foot right-of'way, and, therefore, is unacceptable under the Planning Board Regulations. The grade of the proposed 'road, where it interseCts Salem Street, is not. in accordance with the four percent (4%) grade requirement under Section IV A, 3b, Road Grade. e In accordance with Section IV A, 1, Street Location and Align- ment, the applicant has failed to provide adequate access to "Parcel B', rendering it land-locked. ® The Dolan Heights Subdivision Plan consists of six (6) lots and should have been so noted as such and not five (5) lots as re- flected on the submitted preliminary plan. The creation of the FormA lot-known as~ 'Parcel-A' is~not per- mitted under the'SubdivisiDn Control Law, since the balance of the lot (subdiVisiOn) would have insufficient frontage in accordance with-the town's Zoning By Law. -7. The ConservatiOn Commission recommends-that the applicant file a request for a 'Determination of iApplicability' before proceedin~ any further. 8. The applicant has not submitted any of the required soil and percolation~data-to the Board of Health (see letter dated DeL cember.12, 1983) or Planning Board. According to the Highway Surveyor's comments of December. 19,- 1983. 'and the Fire'Department's letter dated December 19, 1983~ the proposed pavement grade of sixteen percent (16~) is far in excess of thatl permitted in North Andover for servicing by the Highway Department, and operation of fire '~pparatus by the Fire Depart~enlt. MASSACHUSETTS within {20) days cf;-::' ; date of.filing of this In the Office of the To' ~~', ~nuary 30, 1084 Mr. Daniel Long, Town Clerk Town Office BUilding North Andover,i Ma 01845 RE: LOT 1 DALE: STREET-Designer Homes, Inc. Special Pe!rmlt in the Watershed District Dear Mr. Long:I The North Andover Planning Board held a public hearing on Monday eveningi, November 21, 1983 in the Town Office Meeting Roou upon t~e application of Designer Homes, Inc.. The hearing was advertised in ithe North Andover Citizen on November 3 and 10, 1982 and all abutters were notified by mail as.to.the-time and place the hearing, iThe following members were present: John J. Burke, Erich W. NitzSche, and John A. James, Jr., Clerk. Thepetiti!oner seeks a Special Permit under Section-4.133(d) the North AndOver Zoning By Law which requires a Special Permit granted from the Planning ~Board to allow construction to occur within 100 feet horizontally from the edge of all tributaries of Lake CochicheWick. The proposed construction activity will be adjacent to, but not in a wetland tributary area. The site is known as Lot One Dale Street and is located on the south side of Dale Street with a total area of 43,560 square feet, and-150 feet of street frontage in the Residential,2 (R-2) zoning district. The const~uctlon of the proposed two story,--single family, wa frame dwelling will have the following dimensions: 64 feet front: 28 feet deep; 27.5 feet height; including associated structures. The application was previously approved in June 1983; however, du~ to modifications on the site plan, a new petition was required the Planning Board. Mr, Alexanian, representative and applicant for Designer Home: Inc., appeared before the Planning Board and provided the·followi] testimony regarding the proposed work shown on the site plan entitled "SubSurface Disposal System for Lot 1-Dale Street, Nort~ Andover, MA" by Kaminski & Associates, Inc., dated October 25, 19: revised through October 20, 1983. i?l LOT 1 DALE STREET-Designer Homes, Inc. Special Permit in the Watershed District January 30, 1984 Page 2 -The property described lies within the town's designated Watershed Zoning District2 A p~evious Special Permit was granted on June 30, 1983 regarding the s~e lot. Subsequent modification of the site .plan requires ainew application, public hearing and review. -The ~odlficatiOn on said plan shows the dwelling situated closer in proximity roi the Westerly property line and Dale Street away from the wetland tributary to the East. As a result of this change on plan, less fill will be required on site, thereby minimizing the increase in grade on the lot or creating undue land disturbance. -The septic system location and design shall remain the same as depicted on thelorlginal site plan. -No work is proposed or will occur within the 25 foot wetland buffer area on the East side of the property. The following members were present and voting at the January 23, 1984 meeting when the board rendered its decision: Michael P. Roberts, Vice ~airman, John A. James, Jr., Clerk, Erich W. Nitzsche, and John J. Burke. Upon a motion made by Mr. Burke and seconded by Mr. Nitzsche, the Board votedlunanimously to grant the Special Permit requested, subject to the following conditions: 1.- Upon comple~iOn:of final grading and construction, a certified 'as built' plan from a Massachusetts Registered Professional Engineer. and/orlRegistered Land Surveyor shall be submitted to the Planning Board for. review of compliance with said approved plan. -Certification shall state that the 'as built' grading, construction and septic.sysfiem.complies in all respect to said plan and conditions.set forth-in this decision. 2. No vegetation, including trees or topsoil shall be disturbed within 25 feet of the East property line delineated on the referenced plan!, according to Section 4.133, Par.3(c) Watershed District in theiZoning Bylaw. 3. Erosion control measures shall be placed 25 feet from the easterly lot line for the entire length of the property and along the frontage ofisaid lot, and shall be continuously monitored and maintained until vegetation has been stabilized. 4. Any excess ~ater flowing from Lot 2 Dale Street shall continue its' natural course across Lot 1 Dale Street away:from the leach field on Lot 2. LOT 1 DALE STREET-Designer Homes, Special Permit in the Watershed Dlstri0~;. i January 30, 1984 5. Any deviation from the approved plans and conditions will be considered due cause for the rescission of this permit granted by the Planning Board. 6. No construction activity will be allowed until March 15, 1984, subject to review of the Planning Board, at which time, due to weather conditions, the March 15, 1984 date may be extended. In granting the iSpeclal Permit, the Planning Board finds, pursuant to Section 10.3I of the Zoning Bylaw, Conditions for Approval of Special Permits,i that the fOllowing conditions are met: a) The specific site, Lot 1 Dale Street, is a suitable and appropriate location for a single family residential use due to the facts and information presented by Mr. Alexanlan that no environmental ill effects will develop in the Watershed District from on-site development. b) The on-sitelresidential use is a continuation of the permitted uses in the R-2 izoning district and will not adversely affect the Watershed District or any surrounding residential neighborhood~ The development!is engineered and designed to minimize impacts to the wetland tributary. c) The ingressi and egress of the lot-presents no nuisance or. serious hazard-to vehicles or pedestrians. : '~ ~ d) Adequate and appropriate facilities, such as public water and an-approved sepitic system, will be provided for the. proper operation and occupancy of the.proposed residential use. e) Based on site~visits, 'the public hearing process, and review and input by aPPropriate town boards and departments, the single family use in the Watershed District is considered to be in harmony with the general purpose and intent of the Zoning Bylaw. SinCerely, FOR THE PLANNING BOARD Michael ~P.~Roberts, Vice-Chairman jw Recorded Feb.7,1984 at 2:39PN #2097