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1984-02-27February 27, 1984 Regular [4ee ting The Planning Board held a regular meeting on Monday evening, Febru- ary 27, 1984 at 7:30 p.m. in the Town Office Meeting 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. Town Planner Karen Ho Pomroy was present and Highway Surveyor William Cyr arrived late in the meeting. PUBLIC HEARING Forget, Robert - Special Permit - Watershed District - 280 Salem St. The Clerk read the legal notice. A letter from the Board of Health, dated 2/10/84, was read and placed on file. Attorney George Rand and Mr. Joseph Cushing, project engineer, were present with Mr. Forget and Atty. Rand began the presentation with the following: The applicant is submitting a new plan to the Board. A Special Permit was granted last August for the land, but the applicant has revised the plan and it is now less intrusive on the wetlands area. - The applicant had difficulty obtaining a variance for the 25 foot buffer zone. The engineer has re-designed the shape of the dwellings them away from the tributary. This proposal calls for two wood frame dwellings. and moved Mr. Cushing added the following: - This plan originally came in a long time ago. - The Board of Appeals denied a variance and felt that the applicant could tie into the sewer lines on Marbleridge Road. - The applicant wanted to maintain the locations and the kinds of houses and that plan was submitted to the Planning Board with the sewer and water lines coming out on to Marbleridge Road. - The Board of Appeals has taken the stand that the 25 foot buffer will not be varied. - There will be no encroachment by the building or grading changes within 30 feet of the 170 foot contour. No one spoke in favor of the petition. February 27, 1984 -2- Regular Meeting Forget - continued Speaking in opposition was Mary Hart, representing her aunts, Hannah, Ethel, and Gladys Stork. Ms. Hart stated that because of the impact that the project will have on her brook, she is opposed. It will silt. The entire area has become a dumping ground and it is adversely impacting the neighbors' property. Mr. Cushing responded that her concerns are alleviated with this plan~ He then continued his presentation with the following: They are trying to market the property. This application represents two lots - they will come in soon with Lot 2 and with Lot 1 so that the Planning Board and the Conservation Commission can see how Lot 1 will be connected with the sewer line. It will be a four lot parcel. They have filed a "Request for Determination" with the Con. Com. for their input. There has been an Order of Conditions written as the result of the second plan. They expect that the Con. Com. will make a determination that it falls under their jurisdiction, but it will not cause an environmental problem. The 170 foot contour has been accepted by the Con. Com., the Planning Board, and his office as being the critical line. They have no objection to the Planning Board requesting that they come up with erosion control measures. Member Nitzsche requested that a plan be submitted showing where they will be. MOTION: by Mr. Burke to take the petition under advisement. SECOND: by Mr. James VOTE : Unanimous - motion carries. PLANS NOT REQUIRING APPROVAL St. Pierre, Louis - Chadwick St. The Board of Appeals approved the creation of Lot 3 and approved dimensional variances for Lots 1, 2, and 3. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Louis and Gertrude St. Pierre dated January 20, 1984 and revised January 23, 1984, be approved under Subdivision Control Law Not Required, subject to the addition of a locus and signature block for Planning Board signature being added to the plan. February 27, 1984 -3- Regular Meeting PNRA's - continued St. Pierre - continued SECOND: by Mr. James VOTE : Unanimous - motion carries. Aleci, Constance - Creation of three n~ MOTION: by Mr. Bur] Mass. prep~ be approve~ SECOND: by Mr. Jam~ VOTE : Unanimous Field, Donald - Ash A letter from the H and placed on file. ~oute 114 .~w lots. (Lots 1, 2, and 3) [e that the plan of land located in North Andover, ~red for Constance Aleci, dated January 31, 1984, under Subdivision Control Law Not Required. motion carries. Street ~ghway Surveyor, dated February 27, 1984, was read ~4OTION: by Mr. Nit~sche that the plan of land located in NOrth Andover, Mass. prepDred for Donald Field, dated January 24, 1984, be DISapprove~ for the reason that the plan does show a subdi- vision and the fact that both Farnum Street and Fern Street on which t~e three lots are shown fronting upon are not public or private ways maintained by the town as defined under Chapter 41. SECOND: by M,r. J amens Discussion: Mr. Thomas Neve, engineer, requested that the plan be withdrawn without prejudice. The Board requested that the request be submitted in wri ting. ~4otion and second withdrawn by Members Nitzsche and James. Sobel, Stella and J. Albert Bradley Trust - Great Pond Road Creating two lots (Lots A and B) ~4OTION: by Mr. Nitzsche that the plan of land located in North Andover, Mass. prepared for and owned by Stella Sobel and J. Albert Bradley Trust, dated January 16, 1984 and revised February 21, 1984, by Cyr Engineering, be approved under Subdivision Control Law Not Required, with the condition~-that the other lots not pertaining to the plan be shown with broken lines. February 27, 1984 -4- Regular Meeting PNRA's - continued Sobel - continued SECOND: by Mr. James VOTE : Unanimous - motion carries. Farr Better Homes - Granville Lane Change in lots lines between Lots 25 and 26B. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Farr Better Homes, dated February 24, 1984, be approved under Subdivision Control Law Not Required. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. Abel, Richard and Jean - Boston Street Modification of a previous plan. Mr. Dave Webber of Richard F. Kaminski explained that Mr. Abel is building a new home and he wants more distance on the side yard and rear yard. 140TION: by Mr. Nitzsche that the plan of land located in North Andover, Mass. prepared for Richard and Jean Abel, dated February 22, 1984 be approved under Subdivision Control Law Not Required. SECOND: by Mr. Burke VOTE : Unanimous - motion carries. P~e.lle~eir, Letterie - Haymeadow Road Lot line changes between Lots 63AA and 65AA. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for George Pelleteir and Frank Letterie, revised February 22, 1984, be approved under Subdivision Control Law Not Required with the condition that the street designation be changed from private to public. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. February 27, 1984 OTHER BUSINESS -5- Regular Meeting Ingalls Crossing I! - (Crossbow Lane) - drain extension Mr. Thomas Neve, engineer, reported that there is a 20 foot drain easement along the !lot line on the West side of Lot 4. He submitted a plan to the Board. He is proposing to add a headwall and other changes. The main Ireason for the change is that they are having difficulty with th~ sale of the house because of the ditch and it is aesthetically unpleasant. They are in the position to invest · I money to put in a qulvert and extend the existing culvert with the same slope to a headwall further down stream. The outlet at the pond is at 103.20.I There is sufficient pitch to drain to the pond edge. This is an ~xtension of the existing culvert. He has NOT yet diScussed this cha~ge with the Highway Surveyor. The Board instructed Mr. Neve to meet with the Highway Surveyor and to inform the Conservation Commission and the Board of Health of the proposed change. Bear Hill Road - Lot 2 - Special Permit (not in compliance with approved plan) ~4r. Bill MacLeod of Andover Consultants, Inc. reported that they (his company) has taken iover the engineering work on Bear Hill and it has been brought to hi~ attention that there is a problem with the hOuse being staked out i~properly. They hired IEP to do an accurate de- termination of the/Wetlands on the site. The first plan had the dwelling back 55 fget. The Special permit was granted with the condition that the~house be moved forward to 40 feet back from the street line. Howe~er, on the "As Built" location of the house, there is a wing that extends off the back of the house. However, on the wetlands, as delineated by IEP as of last Friday, shows that no con- struction has take~ place within the 100 feet. He feels that the Special Permit canibe withdrawn. He recommended that no action take place until the Conservation Commission acts on it. Mr. Charles Foster,! Building Inspector, added that the Zoning By Law states that the Building Inspector determines where the wetlands are, NOT the Conservation Commission. This dwelling is in violation and the Special Permitllapsed along with the building permit. Somebody muSt determine theitributary, NOT the wetlands. The Conservation Commission and theiBuilding Inspector must get together. Wetlands and tributaries ar~ two different things. No action - matter placed on agenda for March 19, 1984 Bear Hill - Bond A~ounts Letters from the fQllowing were read and placed on file: Highway SUrveyor, dated January 23, 19841 Highway SurVeyor, dated September 12, 1983; and Board o~Public Works, dated December 8, 1983. February 27, 1984 -6- Regular Meeting Bear Hill - bond amounts - continued The amounts recommended by the two departments are as follows: Highway Dept.: Bear Hill Road (Road A) 32+00 to 46+00 Blue Ridge Road (Road C) 1300 1.f. Lots J & H, Appleton Street Board of Public Works: Bear Hill Road (Road A) 36+25 to 46+50 Blue Ridge Road (Road C) TOTAL MOTION: $218,500.00 24,000.00 $242,500.00 50,000.00 142,000.00 $192,000.00 $434,500.00 by Mr. Burke to accept the figures from the Highway Surveyor and the Board of Public Works for the remainder of the sub- division and Lots J & H Appleton Street, subject to confir- mation of the amounts by the Highway Surveyor and the Board of Public Works to be obtained by the Town Planner. SECOND: by Mr. James VOTE : Unanimous - motion carries. Note: the reason for the confirmation is that the letters from the two departments were written some time ago. Coolidge Construction Co. - Preliminary Plan Submittal Discussion set for Monday evening, March 19, 1984. The B.ridges - Release Form No form submitted by attorney. Zonin~ By Law Committee - Recommendations to Plapning Board Committee Members Karen Pomroy, Charles Foster, Lisa Ruben, and Henry Fink were present. They submitted a package of recommended changes to the Planning Board for review. The Board will discuss the recommended changes at the March 19, 1984 meeting. Note: Highway Surveyor William Cyr arrived here. February 27, 1984 -7- Regular Meeting Discussion with Fire Chief - Access in new subdivisions Fire Chief William Dolan and Board of Fire Engineers Members Dana Fisher and John Maguire were present. Chief Doian reported that Bear Hill is a problem. The road ends ~]d the houses are being constructed. His department cannot get to the houses to conduct inspections. He is concerned that his department cannot service a burning house. Building Inspector Foster added that he cannot hold up on an occupancy permit just because the street is not finished. ~4ember Burke recommended changing the Rules and Regulations to state that the binder coat must be down before the lots can be bonded. Highway Surveyor added that something must be done. He thinks that building permits should be held up until the binder is down. There are several subdivisions with this problem. They are not receiving snow removal or rubbish pick-up and it is a very dangerous situation. If someone needs help, it could be tragic. The Board instructed the Town Planner to consult with Town Counsel about enforcing the binder coat application. Merrimack River Access - Funding Town Planner Karen Pomroy reported the project to the Board. French Farm Village - Discussion with Highway Surveyor - telephone service Highway Surveyor Cyr reported that there was a discrepancy between the developer and the Telephone Company. The developer would not let the telephone company use the trench. They put in the electric and the cable T.V. and left out the telephone company. The developer must make peace with the phone company - if any damage is done they would be liable and the developer would have to be agreeable - it would be his bond. Also, they were going to lay the telephone on top of the electric and this will not work. We must lay down the law and the work must be done ~e way the town wants it done. Town Planner Karen Pomroy suggested a boiler plate condition. ~4inutes - November 21, 1983 MOTION: by Mr. Burke to accept as written. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. Michael P. Roberts, Vice Chairman Jean E. White, Secretary