Loading...
1984-11-05November 5, 1984 Regular Meeting The PLANNING BOARD held a regular meeting on Monday evening, November 5, 1984 at 7:30 p.m. in the Town Office Meeting Room 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. Town Planner Karen H. Nelson was present and Highway Surveyor William A. Cyr arrived late. CONTINURD PUBLIC HEARINGS Sandra L~ne Realty Trust - Special Permits - Watershed District - Lots 30B, 32A, and 33A A1 Shaboo, project engineer, was present and submitted revised plans. He also submitted a locus. He stated that he has not been able to spend any time with the owner except for a brief meeting on Saturday. He asked that the public hearings be continued. He further stated that these lots were originally approved and that the town's zoning ordinances changed. Also, he stated that there are no common driveways proposed. Glen Road is a private way and it went under litigation and they have the right to access it. The houses will be served by sewer and water. The plan on which all of these are based on shows a sewer easement. It goes to Sutton Hill. Member Nitzsche requested information on water and sewer and asked to have it shown on the plan. Mr. Levine, an abutter, asked about the lots on Glen Road. He stated there are restrictions as to what can be placed on the land. He was subject to a number of controls concerning the pond when he constructed his house. He asked how close the houses will be to the pond. Mr. Shaboo responded that these questions will be addressed by the Conservation Commission. The setbacks will vary but they should be around 70 feet. The driveway will be 35 feet away. The work done so far was done by a previous owner. Erosion haybales are there. Mr. Shaboo added that he will submit the information requested by Mr. Nitzsche. He added that there is an area shown on the town's plans and it drifts in and out of deeds. There is a question as to whether or not it exists. The area is all landscaped and treed. Member Nitzsche said he wants it resolved and wants true lot lines on the plan. Member James suggested putting a covenant on it. Benjamin Osgood stated it does not exist in the deeds. Sutton Hill Corporation did the original subdivision. The deed research did not show a clear title. There is an easement next to Segal's house and the Assessor's picked it up and put it on all their plans. Mr. Shaboo stated that it was never legally defined. Mrs. Armitage, an abutter, presented a plan from the Registry of Deeds. She also read a statement with the following main points: Any wetland, whether or not it is outstanding, has an affect on the body of water of which it is a part. Any change in the natural paths of the lake will affect the lake. Her interest in Duck, Island and Long Ponds is not new. The ponds are in the Watershed District and enter the lake at the Hatch. She would not be here if Sandra Lane Realty Trust followed the Watershed District regulations. The 100 foot protected area belongs to the people of North Andover. No one has the right to barter with this land. She asked that the Special Permits be denied for the following reasons: 1. public utility ~ 2. Duck Pond and its recreational attractions 3. conservation 4. maintaining the integrity of the filter system of the Hatch (The Audobon Society recommends a 500 foot buffer) 5. for 26 of the 29 years she has lived in North Andover she has used the lake. She must now buy spring water. She asked the Board to protect the lake. Mr. Philbin can build the houses without going near the ponds. Why should he be able to build them closer. She asked when the Planning Board is going to stop the builders from getting these variances and Special Permits. - Why bother having the laws in the first place. The Planning Board and Conservation Commission are not doing thier jobs. Member James asked Mr. Shaboo if the houses could be located away from the tributary. Mr. Shaboo responded that the main request for the Special Permits is to slide the houses near the tributary so that the land near Segal will not have to be disrupted. Aesthetically, it is better. Member Nitzsche added that he wants a copy of the Order of Conditions from the Conservation Commission and he wants the houses moved away £rom the pond. MOTION: by Mr. Burke to continue the public hearings until the next Planning Board meeting and allow the petitioner to get together with Mr. Nitzsche and present another set of plans. SECOND: by Mr. James VOTE : Unanimous - motion carries Note: Mr. Cyr arrived here. PLANS NOT REQUIRING APPROVAL Carter - Bradford Street Town Planner Karen Nelson stated that the zoning is not on the plan and questioned whether or not the plan would have to go to the Boxford Planning Board. Member Nitz$che said it would. MOTION: by Mr. Burke that the plan of land located in North Andover and Boxford, Mass. prepared for Eunice Carter and Helen Carter Mohnkern, dated 10/31/84, be approved under Subdivision Control Law Not Required with the condition that the plan be forwarded to the Boxford Planning Board for approval and that the zoning for both towns be shown on the plan. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries Koroskys - Rea Street This plan was submitted and withdrawn recently. Engineer John Callahan submitted a revised plan showing the improvements proposed for Rea Street. He offered to walk the site with the Board members. Highway Surveyor William Cyr said that as a point of information, it is not a public way nor is it serviced as a public way. It is no more than a driveway. Note: Chairman Hedstrom arrived here. Mr. Callahan drafted a letter requesting that the plan again be withdrawn without prejudice. MOTION: by Mr. Burke to allow the plan of land to be withdrawn without prejudice. SECOND: by Mr. James VOTE : Unanimous - motion carries Fart - Patton Lane ~ MOTION: by Mr. Burke that the plan of land prepared for George and Wanda Farr dated 10/25/84 be approved under Subdivi- sion Control Law Not Required. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. Maillett - Carlton Lane MOTION: by Mr. Burke that the plan of land prepared for Alvin Maillett dated 10/25/84 be approved under Subdivision Control Law Not Required. SECOND: by Mr. James VOTE : Unanimous - motion carries Enright - Church/Garden Streets The Board of Appeals approved a variance to subdivide the property. MOTION: by Mr. Burke that the plan of land drawn for John Enright dated and revised 10/22/84 be approved under Subdivision Control Law Not Required subject to the condition that the Board of Appeals signs the plan. SECOND: by Mr. James VOTE : Unanimous - motion carries Anderson, Inc. - Carlton Lan~ MOTION: by Mr. Burke that the plan of land drawn for P. D. Anderson, Inc. dated 10/19/84 be approved under Subdivision Control Law Not Required. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. OTHER BUSINESS "The Pines" Petition from Appleton Street residents Mr. Dave Saba, 183 Appleton Street, read a letter regarding a new road for a road extension from Red Oak Farm. Letters from the Fire Chief and Police Chief were read and placed on file. Chairman Hedstrom told Mr. Saba and his neighbors that without exception, we are having public input. The public misunderstands a Planning Board function. The Planning Board cannot enforce their will against the will of the Police Chief, Fire Chief, etc. They must follow the advice of the experts. Mr. Saba asked if other alternatives were submitted would they be considered. He stated that "The Pines" has not yet been built even though it has been approved. He asked if a reconsideration could occur. Chairman Hedstrom said "yes, but it must be from specific input from a town official". Susan Lebel, 141 Appleton Street, added that she attended the meetings when "Bear Hill" was proposed. The neighbors were told that there would be no access to Appleton Street from Bear Hill Road. She asked what has' happended in the meantime. It was stated at that time that Appleton Street was unsafe. Member Nitzsche responded that when the Bear Hill Subdivision came in, it did not have access to Appleton Street. It came as the result of the Pines Subdivision. Mrs. Lebel asked why, since it was considered unsafe for Bear Hill. Highway Surveyor Cyr said they are talking about an abandoned street. What that means is that it was abandoned as a town way but the people have the same rights as anybody for building. It poses a problem. The town cannot deny a building permit but the roads should be upgraded. Whether or not the Planning Board rescinded their decision as a subdivision, it would still be inevitable that Appleton Street land may be sold. Mr. Robert Hay, Appleton Street, asked about the safety problem. The street is very narrow. Somebody will be killed. Mr. Cyr added that it is very dangerous. The public safety department is the enforcing agency. It could be widened. There is no way to stop the development of Appleton Street. Town Planner Karen Nelson added that no construction has taken place in the Pines Subdivision. Maybe the town could request that the construction vehicles could use Bear Hill during construction. Mr. Saba said that the subdivision is already approved and they cannot stop it. However, there might be alternatives to accessing the subdivision. Maybe the road can go through from the other side. As it is now, it will never be safe for trucks. Mr. Cyr added that there 1/2 dozen parcels with access to Dale Street, So. Bradford Street, Purgatory Lane, and Bear Hill Road connected to Land Vest property, etc. There will be a goodly circulation of traffic. When it is all developed, there will be circulation and no one area will take the brunt. Marry Larson of League of Women Voters - Charter Chang~ Ms. Larson Stated that the League of Women Voters with the support of the Selectmen is organizing a campaign to change the charter at the next election in March. She explained the procedure. She asked for the support of the Planning Board and submitted a petition. MOTION: by Mr. Roberts to support the investigation. SECOND: by Mr. James VOTE : Unanimous - motion carries Watts Regulator - Acces~ Town Planner Karen Nelson said she asked for imput from Town Counsel and recommendations from the Fire Chief, Police Chief and the Merrimack Valley Planning Commission. Letters from the State Department of Public Works, Town Counsel, Police Chief and Merrimack Valley Commission were read and placed on file. Fire Chief, Planning Ms. Nelson told those present that there will be a meeting on Wednesday, November 7, 1984 at 1:00 p.m. in the Highway Surveyor's Office for interested parties. Mr. Nick DeNitto, Marion Drive, asked for a clarification of Town Counsel's letter. Ms. Nelson responded that Town Counsel was referring to a Form A Plan. Chairman Hedstrom and Vice Chairman Roberts told the residents that they do not have authority in this matter. Mr. DeNitto added that they have been meeting with the owner. If he does not act in good faith, other than legal action, what town official can they look to. Chairman Hedstrom told them to go to the Police Chief. Dick Valle, Evergreen Drive, added that there was no mention of the grade being changed on Chestnut Street. Highway Surveyor Cyr said they will try to reduce it and most likely the town would pay for it and the builder will have to give up land or grant easements. Mr. Ianazzi suggested an island with lights similar to what Mass. Electric has. Frank Greslick, Marion Drive, reminded the Board about the letter from Mr. Rex of the School Department. He believes a curb cut on Route 114 is in the interest of the State. Mr. Cyr added that it is a driveway entry permit that was designed to control the driveway widths, drainage flows, etc. They can control a reasonable width, grade, shoulder area, proximity to hydrants, etc. He recommended that the school bus stop to moved. Wintergreen Realty Trust - Preliminary Plan Discussion Mr. Philip Christiansen, project engineer, stated that they can comply with the Highway Surveyor's recommendations. There will be two entrances off Foster Street approximately 800 feet apart. The water from the project will connect to Foster and Winter Streets. There are no sewers so the lots will be on septic systems. The drainage is just at the low points. There will not be a need for much drainage in the streets. There is an abutting property with a right-of-way through the parcel. They will accommodate it. A letter from Peter Breen was read and placed on file. Mr. Christiansen added that there is a large stream on the site. They will do a hydrological study. They might change the plan after doing the wetlands. There will be improvements to the road during construction. MOTION: by Mr. James to take the plan under advisement SECOND: by Mr. Roberts VOTE : Unanimous - motion carries Note: The Planning Board needs an extension to render a decision. North Andover Business Park - Bond Amounts Letters from the Board of Public Works and the Highway Surveyor were read and placed on file. MOTION: by Mr. James to establish the bond amounts at $333,760.00. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries Ingalls Crossing III - Preliminary Plan Discussion Postponed until November 26, 1984 The Board requested that the engineer stake out the road. Great Pond Estates - discussion with engineer Tom Neve asked to discuss the order of conditions, specifically, items 12 (2, 3); 13; and 14. He has met with the Conservation Commission and will file a Notice of Intent. He is having a problem recording this order of conditions, security it, and then requesting bond releases and then doing the same with the Con- servation Commission's order of conditions. He asked the Planning Board to amend their order of conditions and pass the ones under the jurisdiction of the Conservation Commission. Member Nitzsche said that if the Con. Com. is more stringent than the Planning Board, then maybe the Planning Board will modify. Ingalls Crossin II - completion date and status of pond Ben Osgood reported that they will hottop tomorrow. Bob Abdel, Paul Powers and Steven Dufresne asked about the lawns. Highway Surveyor Cyr said they will all be restored and seeded. Placed on agenda for 11/26/84 for review. SITE PLAN REVIEW - Inter Design, Inc. This is a parcel in the North Andover Business Park. Jim Clark, for Inter Design, Inc. stated that it is an office building. The back will be a warehouse. There is sheet drainage with rif-raf. There will be temporary haybales. Mr. William Dolan, Fire Chief, added that it is very close to Route 125. The Fire Department will have to go all the way in through the Willows. The situation is getting ridiculous. Also, the plans do not contain information on what is going inside the building. Vice Chairman Roberts suggested giving the Town Planner a chance to review the plans. MOTION: by Mr. Roberts to take the Site Plan of Inter Design, Inc. under advisement with a decision to be rendered at the next meeting. SECOND: by Mr. James VOTE : Unanimous - motion carries Marble Ridge - Set public hearing date MOTION: by Mr. Roberts to set the public hearing date for 11/26/84 SECOND: by Mr. James VOTE : Unanimous - motion carries Cobble Lane - Set public hearing date MOTION: by Mr. Roberts to set the public hearing date for 11/26/84 SECOND: by Mr. James VOTE : Unanimous - motion carries Bear Hill Development Trust - bond release MOTION: by Mr. Roberts to release monies in accordance with the Highway Surveyor's and Board of Public Works' recommen- dations. SECOND: by Mr. James VOTE : In favor - 3 (Burke, Roberts, James) Opposed - 1 (Nitzsche) Motion carries Patton Lane - bond release MOTION: by Mr. Roberts to release $31,000.00 per the Highway Surveyor's recommendation SECOND: by Mr. James VOTE : Unanimous - motion carries The meeting adjourned at 11:00 p.m.