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1984-05-07May 7, 1984 -5- Regular Meeting PNRA's - continued John Cashman Main/Sutton Streets This represents land taking by the town. MOTION: by Mr. James to approve the plan of land located in North Andover, 14ass. prepared for John Cashman dated 9/13/82 under Subdivision Control Law Not Required. SECOND: by Mr. Roberts VOTE : Unanimous - motion carries Great Pond Development - Great Pond Rd./Marblerid9e Rd. Phil Christensen explained that this is 10 lots with frontage on Great Pond Rd. or Marbleridge Rd., leaving access to the back property with two 50 foot rights-of-way. MOTION: by Mr. Roberts that the plan of land located in North Andover, Mass. prepared for Great Pond Development Corp. dated April, 1984 be approved under Subdivision Control Law Not Required. SECOND: VOTE : by Mr. Nitzsche Unanimous - motion carries S. B. Homes - Lacy Street MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for S. B. Homes, dated 4/30/84, showing Lots 2lA and 2lB be approved under Subdivision Control Law Not Required with the condition that the zoning be added to the plan and all lot lines be designated as a dashed line. SECOND: VOTE : by Mr. Roberts Unanimous - motion carries. Elm Square Builders - Forest St. MOTION: by Mr. Roberts that the plan of land located in North Andover, Mass. prepared for Elm Square Builders, dated April, 1984, be approved under Subdivision Control Law Not Required with the condition that the zoning be placed on the plan and that the other side of Forest Street be shown on the plan. SECOND: by Mr. James VOTE : Unanimous - motion carries. May 7, 1984 -6- Regular Meeting PNRA's - continued San Antonio, Elise - Hewitt Avenue The Board of Appeals approved the creation of a lot which does not meet the area requirements of the ZBL. MOTION: by Mr. Roberts that the plan of land located in North Andover, Mass. prepared for Elise San Antonio, dated 3/5/84, be approved under Subdivision Control Law Not Required. by Mr. James Unanimous - motion carries SECOND: VOTE : DECISION Kindred, Daniel - Special Permit - Watershed District - Lot 10 Johnson Circle 14OTION: by Mr. James to grant the Special Permit subject to the following conditions: SECOND: by Mr. Roberts VOTE : Unanimous - motion carries (Chairman Hedstrom abstained) Note: The Board's decision is made part of these minutes. OTHER BUSINESS Forest Estates (Lyon's Way) - extend completion date and covenant Atty. Reginald Marden submitted a plan.' This was a 7 lot subdivision approved in April of 1979 following a public hearing. It is off Campbell Road, and subsequent to the Planning Board approval, the plan and covenant were recorded. After going to the Con. Com., they obtained an Order of Conditions which has been recorded at the Registry of Deeds. They have obtained septic permits and at this point, the original approval of this Board has expired. They are seeking an extension and the other permits will have to be renewed. They would like to have the extension on the same terms and conditions as they previously discussed on this subdivision. dr. Cyr, Highway Surveyor, stated that they never got the road widening easements as shown On the plan. It must be recorded. He would like to look at the plan again. MOTION: by Mr. James to take the matter under advisement to re- submit the plan to all town departments for their comments and suggestions. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. May 7, 1984 Regular Meeting The PLANNING BOARD held a regular meeting on Monday evening, May 7, 1984 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: Paul A. Hedstrom, Esq.~ Chairman, who arrived late; Michael P. Roberts, Vice Chairman; John A. James, Jr., Esq., Clerk; John Jr. Burke; and Erich W. Nitzsche. Town Planner Karen Pomroy and Highway Surveyor William Cyr were also present. PUBLIC HEARING North Andover Business Park - Definitive Subdivision Plan The Clerk read the legal notice. Letters from the following were read and placed on file: Police Chief (4/19/84) and Fire Chief (4/26/84). Bob Carter of H.W. Moore Associates, representing the applicant, 114 Associates Realty Trust, made the following presentation: - The owners and applicants, Ben Osgood and Bob Webster, are present. - The development consists of nine (9) industrial lots. - No. 9 is large and they range from 1.9 acres to 15 acres. - The lots are serviced by 3,200 feet of road way. The road way is the extension of the existing Willow Street. It has been recently extended and is being constructed as three industrial sites. - The lots will be serviced by municipal sewer which will be ex- tended up into the remainder of the development. - There is a 12 inch ductile iron water main to service domestic and fire service to the site. - There is drainage (catch basins and concrete drain pipes). - There are future provisions for the extension of the drains to more industrial land. - The drainage will collect and discharge into the wet area. The green dotted line shown on the plan is the wetlands. The solid green line is the proposed wetlands as approved by the Con. Com. - An Order of Conditions from the Con. Com. was issued in June of 1983. - The flood plain is shown in blue and is approximately elevation 237. May 7, 1984 -2- Regular Meeting No. Andover Business Park - continued The wet area flows North and there is a 25 inch culvert underneath Willow Street at which a control structure will be put to regulate the flow. It consists of a 12 inch pipe with an emergency spill way. With all the industrial lots developed and with the construction of the 12 inch control structure, it will regulate the flow to 7.3 cfs. There will be a net reduction in the peak flow of run- off leaving the site. It is possible by the storage in the large wetlands area which will be left natural. In the preliminary stage, it called for a roadway to come straight across Route 125 and across the wetland area. The Con. Com. felt that the wetlands would be better served if this were in one piece. As a result of those discussions, they extended Willow Street around the wetlands along a path which will be improved and widened with 40 feet of pavement with two 10 foot shoulders. - They are not proposing any curbing or sidewalks. They will need a waiver from the Rules and Regulations. Member Nitzsche asked about looping the water main and Mr. Osgood responded that he met with Hr. Borgesi of the Board of Public Works. They cannot make th~oop along Route 125 back to Route 114. They will tie in with a 6 inch main that comes in from the existing Willow Street from Route 125. The tie will be on Willow Street about 300 feet from the corner where the plan shows N/F Margolis. No one spoke in favor of the plan. Speaking in opposition was Mr. Morton Margolis, Andover By-Pass. ~argolis stated the following: Mr. He is concerned about the drainage. It is already a wetland area, but he doesn't think it goes North - it goes nowhere - it just sits. It might make his backland more of a swamp than it already is. He does not follow the description of some mechanism that will alleviate the overflow. He is concerned that the land bordering his property will become a highway in an area that the town has just refused to rezone to Industrial. It is a residential area. This development will reduce the value of his property. Part of his land is zoned industrial and he is concernedwith the setbacks. May 7, 1984 -3- Regular Meeting No. Andover Business Park - continued Carter responded with the following: Presently, the water is flowing .out of here. There is a newly constructed culvert which will be reduced in size. It will exit slower but continually. It will not impound water, but in a large storm, the pipe will not be able to handle the amount of flow. The water will be impounded on the site until the pipe can handle it all. The purpose is to cut down the flooding downstream. - It is a practice in Massachusetts to cut down on the flash flooding. Mr. Margolis argued that the land is already flooded. If you reduce the diameter of the culvert it will cause his back land to become wetter. Carter disagreed and said the pipe is the same elevation. Mr. Cyr, Highway Surveyor, asked about the culvert at Station 35. Mr. Carter said it is installed such that the roadway that they are installing does not impound the back of the property. There are two 18" proposed culverts. It allows for the continual flow. The natural flow of the water is away from the property. The other side is low enough and fairly flat. Member Nitzsche asked what is the elevation of the 100-year flood under present conditions and proposed conditions and Mr. Carter responded 236 to 236.8. Mr. Carter added that they tried to go around the wetlands as much as possible. Fire Chief William Dolan asked about a permanent roadway to Route 125. Ben Osgood responded that they are still working on it. He thinks it will come eventually. The State is looking at it now. He has no~ problem with an emergency access on Route 125. Mr. Cyr added that he would rather see the roadway go through to' Route 125. He also required that in an industrial park, a larger size radius be required. He requested 125-130 foot radius because of the truck traffic. Mr. Carter stated they are proposing a 120 foot diameter cul-de-sac of which 100 feet would be paved. Note: chairman Hedstrom arrived here. Mike Farrell, proposed purchaser, asked about the status of standing water on Lots 1 and 2. Mr. Carter responded that Lot 2 has ponding and it gets flat. The water has collected there. The roadway is elevated and will discharge May 7, 1984 -4- Regular Meeting No. Andover Business Park - continued into the wet area. The current wet area will be filled over during development. Member Nitzsche asked why the 25-30 foot strip of land abutting the Margolis property was left (part of Lot 2). Mr. Carter responded that is is part of the sloping of the roadway. Mr. Margolis asked about access and Mr. Carter responded that access will be from Route 114. MOTION: by Mr. James to take the matter under advisement. SECOND: by Mr. Burke VOTE : Unanimous - motion carries. PL~S NOT REQUIRING APPROVAL Nellie Arsenault - Summer St. Town Planner Karen Pomroy stated that the plan needs a note on the three acres. MOTION: by Mr. Roberts that the plan of land located in North Andover, Mass. prepared for Nellie Arsenault, dated April, 1984, be approved under Subdivision Control Law Not Required subject to the lot under the name of Nellie Arsenault be closed and designated as a lot number o~ letter and that a not, be placed on the plan showing that Lot 2 is under the Lot Exception By Law. SECOND: by Mr. Burke VOTE : Unanimous - motion carries. Note: The plan taken under advisement on 4/23/84 was withdrawn tonight. Charlotte Rea - Turnpike Street/Towne Street Member Nitzsche questioned how many lots are being created. MOTION: by Mr. Nitzsche to approve the plan of land located in North Andover, Mass. prepared for Charlotte Rea, dated May, 1975, said approval being the endorsement of the plan under Subdivision Control Law Not Required of a parcel of land of 14.2 acres, more or less, fronting on Turnpike St. as shown on a plan of land of Charlotte P. Rea, dated May, 1975, with the condition that the zoning be shown on the plan and the notation being placed on the plan that Lots A and B are NOT separate lots. SECOND: by Mr. Roberts VOTE : Unanimous - motion carries. ~ay 7, 1984 -7- Regular Meeting Greenwood West - Release Mr. Cyr reported verbally that it is O.K. to release the $4,000.00 being held by his department. ~4OTION: by Mr. Roberts to release the $4,000.00 per the Highway Surveyor's recommendation and that the remaining $1,000.00 being held by the Board of Public Works may be released pending approval by the BPW. SECOND: by Mr. James VOTE : Unanimous - motion car.ries Lot 1- Dale Street - approve commencement of construction MOTION: By Mr. Roberts to allow construction to begin on Lot 1, Dale Street and that the Board notify the applicant to review the Special Permit for compliance. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries Preliminary Plans Submittal - Mill Road and Great Pond Rd. Discussions set for May 29, 1984. Member Nitzsche requested that the lot lines be staked out. Chestnut Green at the Andovers - Presentation A presentation was given by Walter Grover, Richard Ruggiero, and Martha Almquist. They submitted a master plan (sketch). The parcel is currently owned by the Fellowship Bible Church. They are proposing a 3 building office condo development. The back parcel will be deeded to the Church. They will be coming t~ the Planning Board for approval under subdivision control law not required. Access to the development will probably be from Hillside Road if they don't get a curb cut on Route 114. They will share a parking lot with the Church. They predict approximately 240 cars a day for the development. The front of the building, whi~ will face Route 114, will be brick and cedar siding. There will be two stories with an elevator. It will look residential from Hillside Road. .~4ay 7, 1984 -8- Regular Meeting Chestnut Green - continued There will be a retention pond. They have kept the building out of the wetlands. Carlton Lane - Letter from Peter Renzi A letter dated 4/28/84 from Mr. Peter Renzi was read and placed on fi le. Mr. Renzi was present. Chairman Hedstrom explained that the proposed work on Carlton Lane is the result of an approved plan, and unless the developer violates any State or local laws or does not follow the conditioned approved plan, there is notching the Board can do. ~4r. Renzi asked that Mr. Ben Osgood, who was also present, instruct the builders to cooperate and avoid a dangerous situation. The Board told Mr. Renzi that his letter will be distributed to all town departments for their review. The meeting adjourned at 10:00 p.m. Paul A. Hedstrom, Chairman Jean E. White, Secretary