HomeMy WebLinkAbout1980-09-22September 22, 1980
Regular Meeting
The P[~krh'IN~ BOARD held a RE2~LAR ~T~vING on Monday evening, September 22, 1980
at 7:30 P.M. in the Town Office Meeting Room. The following members were present
and voting: William Chepulis, Chairman; Paul A. Hedstrc~, Clerk, Michael P.
Roberts; and new members Joseph D'Angelo and John J. Burke.
William Cyr, ttighwa~ Surveyor and Susan St. Pierre, Tewn Planner ~ere also presenS.
The meeting came to order at 7:45 P.M. with Mr. Chepulis introducing the new
members to the North Andover Pl~n-tng Board.
PU2LIC HEARINGS
~'~Beth Hapke~..- S~eoial Permit in h~tershed District.
Mrs. Sophie Haphey, mother of the applicant, w~s present at the hearing. She
stated that she sees no problem because the land is flat, only ~ne tree needs
to be out, and they do no~ have So scrape any laud.
Mr. Ohepulis then read letters from the Highway Surveyor, the Conservation
Cc~nission, and the Notice Of lnSant.
NOTE.' The Order of Conditions from the Conservation Commission has not Bean re-
oeived by the Planning Board to date.
Mrs. Baphey stated that the high water mark only takes in ~0 feet.
Paul Hedstrom, who walked She site and erased that there is no way one can build
on the laud without cu%ting, suggested that the applicant go before the Board of
Appeals for a variance from the "NO Cut" law. Mr. Roberts suggested that the
applicant withdraw the request from the Planning Board, and at this point Mrs.
I~phey asked for a continuance of the public hearing.
Notion: by Mr. Hedstrom to continue the public hearing to a future date per
the request of the applicant.
Second: By Mr. Burke and unanimous vote in favor of the motion.
Willows IndusSrial II -Extension of Industrial Park
The clerk read letters from the Kighway Surveyor, the Board of P~blic Wc~ks, the
Conservation Commission, and abuttors Goodrich and Condou.
Robert Regan and Vincont Grasso were present for Willows.
Mr. Regan said that Basically they are applying for an extension of the Willows
Industrial Park and are a~-E for a waiver for the flat road.
Mr. Cyr said that the drainage easement would have to be deeded to the Town of
North Andover.
September 22, 1980 con't -2- Regular meeting
The abuttors asked for a definitic~ of discharge point. Mr. Regan respcmded that
they h~ve alrea~ been issued au Order Of Conditions from the Conservation
Oommmissien and that there will be nc effect downstream, and that the abuttors
would not be affected.
.N. OT~: To date, the Order Of Conditions from the Conservation 0ommission has not
been received by the Planning Board.
Mr. Conden questioned if, in the course of a natural year the development causes
b~ck-up on their property, is there any recourse? Nr. Chepulis said "Yes."
Susan St. Pierre, Town Planner, pointed out that the rules and regulations of a
subdivision s~ate that no drainage will affect another person's laud.
Mr. P. Novello, an aButtcr, questioned how, since the subdivision has not been
approved by the Planning Board, the trees have been removed and there is now a
road. Mr. Chepulis replied that 1;hey (Willows Industrial Park) are within their
legal rights to do this. Mr. Grasso added to this that they cannot sell any lots
without approval of the Planning Board.
Mr. Chepulis asked Mr. Cy~- "Are y~u asking for a 1% grade?" Mr. Cyr - "Yes,"
NOTE: Mr. Cyr asked to go ca record that he read theplans as 1% grade, when in
fa~t it says 0% grade. ~-ll of his correspondence concerning this subdivision is
Based on the assumption that the plans read 1% grade.
Mr. Cyr said that he would not even consider a 0% grade. Mr. Regan then argued
that some of the finest roads are on 0% grade, and Mr. I~A~lo strc~ly disagreed
and suggested that for a solution Mr. Cyr build up from Station 1200.
Mr. Regan stated that their purpose is to build a functional subdivision and for
the sake of design, they will assume the water level to be at the surface. Mr.
D'Angelo stated that the town needs a functional roadway and a 0% grade Will not
last.
Mr. D'~.ugelo again questioned Mr. Regan for his reasons f~ a 0% grade for drainage
purposes. Mr. I~eg, a~ gave a demonstration of a flat piece of paper u.s. a rippled one
and said there is no reason to ~un continuous drairaage on either side of the road.
At this point, Mr. Chepulis read the Rules and Regulations which state that the grade
of road will not be less tha~ 1~.
Mr. Regan requested a waiver of this rule,but both Mr. Cyr and Mr. D ~kngelo said "No."
Mr. Hedstrem asked for a clarification en the 1% grade and Mr. Cyr responded that in
this particular case, it is to get the water to the end of the road, and the buildings
are going to compound the problem and the road will deteriorate.
Nr. Regan suggested bringing the cul de s~c back 100 feet and Mr. Oyr said they
must have 1% grade ~d he wa~ts to remain consistent with 1%. He further stated
that there is no way the subdivision will receive a favorable recommendation from
his depar%ment until the grade is changed to
September 22, 19§0, con't -3- Regular meeting
F~ro Regan then asked Mr. Cyr if he has any objeotions to moving the oul de sac,
and Mr. Cyr responded float he questions the watershed.
There is a question on zoning - where the industrial zone cuts into the R-2 lots.
According to ~usan S~. Pierre, the abut%ors felt that the road was being conetruoted ·
in the residential zone, and Mr. Condon stated that our zoning maps are inoorreot.
Mr. Regan said they are aware of the problem and that they have two options: they
could go before the Bo~rd of Appeals prior to the ownership, or with the Planning
~oard's permission, they could re-work lots S and T to move the lot lines.
Mr. Condon stated that, acoording to the zoning map, Marian Drive is considered
residential, and he wants a definition of the locale of the industrial area.
He is concerned about the buffer zone, and ~usan told him that according to
the Building Inspector's decision, he is assured ~0 feet.
Mr. Regan suggested that he withdraw the plans end work with the Highway ~urveyor.
Mr. Roberts asked that the request be put in writing (on file).
Motion: by Mr. Roberts that the Planning Board aooept the petitioner's request
for an ex'tension on the submitted plans to work with the Highway Surveyor and
other concerned members of the Board to re-~ork the plans.
Second: Mr. Hedstre~ and unanimous vote in favor of the motion.
The petitioner agreed to a 60 day extension for Planning Board action.
P~ANS NO~ R~IRI~G APPROVA~
Fellowship Bible Chu~oh - A~ty. Phillip Coppola represented the Churoh at the
meeting. The request is to break the land into two pa~oels.
Motion: by Mr. Roberts that the plan of land located in North Andover, Mass.
for Fellowship Bible Church, d~ted June 30, ~980, be approved under subdivision
oontrol law not required.
Second: by Mr. Burke and unanimous vote in favor of the motic~.
Fo.~h~ll Road - this is a lot line change ~o a~oomodate the placement of a house.
Motion: by Mr. Roberts that the plan of land located in North Andover, Mass.
for John Turtle, Jr., d~ted September 12, 1980 be approved under subdivision
control law not required.
Second: by Mr. ~Arke and unanimous vote in favor of the motion.
Foster Street - lot line change to accomodate placement of septic system.
Motion: by Mr. Heds~rom that the plan of land located in North Andover, Mass.
for John Harvey, d~ted September 5, ~980 be approved under subdivision oontrol
law not required.
Second: by Mr. Roberts and unanimous vote in favor of the motion.
September 22, 1980, ccn't -~- Regular meeting
Greenwood East - adding back land to existing lots.
Motion: by Mr. Roberts that the plan of land located in North Andover, Nass.
for Greenwood Associate~, and dated September 8, 1980 be approved under sub-
division control law not required.
Second: by Mr. ~urke and unanimous vote in favor of the motion.
Willows Industria~ Pa~k - question of above or underground utilities at the
Indust ri&l pa_l~.
Mr. V. ~rasso requested a decision this evening, end Nr. t[edstrem requested
that he have someting in writing. Mr. Chepulis then read the Rules and Regulations
concerning underground utilities, which stated th&t for a subidvisi~n, the utility
lines must be underground.
Motion: by Mr. Hedstrem not to consider this request at this time because the
Planning Beard does not have a written request from the applicant for a waiver.
Second.' by Mr. Roberts and unanimous vote in favor of the motion.
Wildwood ~ - Atty. Phillip Coppola presented an agreement to the Board per
the vote of Au~ 20, 1980 of a slope easement. The signatures and notarization
errors have been corrected.
Motion: By Mr. Roberts to accept the slope easement submitted by Mr. Ahearn
and ag-reed to by Mr. Umla~ smbject to Mrs. Umlah's si~n_a_tatre, and that the
applicant be notified that work cannot star% until N. rs. Umlah signs the a~reement,
and accept the bend amounts per earlier motions.
Second: by Mr. Hedstrom and unanimous vote in favor of the motion.
Ingalls Orossin~ - con~letion date: September 8, ~980 - Mr. Cyr stated that
Ol~ic Lane hms been hot-topped and there is not much more to be done. No
problem except that it should have been finished by September 8,
Motion: by Mr. I~edstrom to put Ingalls Crossing completion date on October 6, ~980
agenda with Mr. Cyr's update.
Second: by Mr. Roberts and unanimous vote in favor of the motion.
Rocky Ridge - Bond amount - Highway Dept., $60,000; B.P.W., $25,000 sewer and
$~3,500 water.
Motion: by Mr. Rot~rts that, per the Hig~wa~v I~paz~ment's letter we accept the
bond amount of $60,000 and per the letter frem the Board of Public Works we
a~cept the bond amount of $38,500, for a total of $98,500.
Second: by Mr. Hedstrom and unanimous vote in favor of the motion.
September 22, 1980, con't -2- Regular Meeting
~arleton ~arms -B~nd amount for stations 22+50 to the end.
Motion; by Mr. ~tu~ke to accept the bond ~ of $92,~ per the
~yor'~ le~er of ~pSe~r ~, ~ ~d $38,~ per the letter of ~ptem~r 22,
~9~ ~ ~he B~ ~f ~blic ~r~, for a to~ of $~0,~.
~~ to mo~i~: fha2 ~he ~t ~ the le~ers ~ the ~ ~p~ment
~d She ~ of ~blio ~o~s ~so inol~e the ~co~da~i~ $f the ~gh~
~yor's letter of September ~, ~9~ t~ pro~si~s be ~e ~o in~e
a tempo~ t~o~d ~ prodded ~ well as 2he b~der c~t of ho$~op
to ~ fha2 no probl~s ~11 Be enc~ered when ~d if the h~e~ on Shis
street ~ co,pied.
~c~d: ~ ~. Hed~rom ~d ~m~s vo~e in favor of the motif.
G~at P~d Wo~d - f~ release - the clerk ~ the le~er ~ ~.
Mo~i~: by ~. Ro~s t~t per the ~w~ ~eyor's letSer, a ~otal of
$3,~ be ~le~ed, l~ng a ~ce of $~,~.
~cond: ~ ~. Hed~r~; ~i~ vo~e ~ favor of ~he motif.
~eclea~ I - fA~ ~le~e - the clerk re~ ~he le~er ~ She ~ ~or.
~. D'~lo ~es~ed ~ a lis$ of e~h ro~ ~ well ~ ~e ~e of each
~ ~ ~i~ed ~o 2he P~ ~. ~. ~ ~sponded ~ he alre~ d~s
Motif: by ~. Robe, s ~ p~ ~he ~w~ ~or's letter, ~he ~al
of $~,0~ ~ rele~ed. Also, ~ the Bo~ of Selectmen ~ notified so
~he ro~ o~ be ~dicaSed a~ T~ Meeting.
~o~d: ~ ~. ~ke ~d ~im~ ~e ~ favor of the m~i~.
~c~ Estates - Bond ~le~e - ~ey ~ - the clerk re~ le~ers fr~
~he ~ ~eyor ~d ~he B~ of ~blio Works.
No~i~: by ~. Ro~s ~ ~r the ~ ~eyor's le~er, $~,~ be
~le~ed ~h a ~ce of $7~,~ ~d per the Bo~ of ~blic Works, $~0,~
~ ~l~sed, lea~ a ~l~ce of $3,6~0; for a to~al of $6~,9~ ~le~ed ~d
a total M~oe of $7~,6~0.
~cond: ~ ~. ~ke ~d ~~
R~ Ri~ - si~ plus.
Motif: ~ ~. H~ $o si~ ~he plus, ~ hold ~il ~he co~ is ~iSt~.
~c~d: by ~. Ro~s ~d ~m~s v~e.
~e ~ si~ed She plus for Def~i~ive PI~ off ~d ~itled Ro~
September 22, 1~)80, oon*t -~- :Rei~t.l. az' meeting
On a motion by Nr. Hedstrom and seconded by Mr. Burke, it was voted unanimously
to accept the minutes of September 8 and 16, 1980.
Mr. Ohepulis asked for membership participatic~ in the October 25 meeting of
the Mass. Federation of Planners and instruoted the secretary to send for four
reservations.
He then called for nominations for the position of Vice-Chairman of the Board
to fill the ~oancy le~t by ~r. Monteiro's death.
Mr. Roberts nominated Panl Hedstr~ and Hr. Burke seconded. Unanimous vote.
Mr. Roberts then nominated Joseph D'Angelo for the position of 01erk and
Mr. Burke seoonded. Unanimous vote. (Note: Mr. I~edstrc~ vacated the clerk's
position by aooepting as Viee-Chairm~_~).
Mr. Chepulie then oalled for a representative to the Merrimack Valley Planning Board.
Mike Roberts n~minated Ja~ 2urke and Mr. D'Angelo seconded. ~us vo~e.
Mr. ~urke accepted on a temporary basis.
Mr. Chepulis then asked that the Plarming Board acknowledge John Monteiro's
service 4o the Planning Board (1970 - 1980).
John Burke and Joseph D'AngelO have been appointed to fill the two vacancies on the
Pla~-~-g Board until the March, 1981 to~n elections, and attended their first
Planning Board meeting on September 22, 1980.
2oard 'of Appeals ~egal notices - none; Legal Notices, ~o~ns - received and on file.
· he meeting adjourned at ~.1.'30 p.m.
Will~ ~m Chepulis, ~irman
Jean E. ~hite, Secretary
September 23, 1980 -Addition bo Minutes of September 22, 1980
Per 3usan St. Pierre, Town Planner, the si~u~ of the covenant for Carleton
Farms East was accidentally ommitted from the_~em~er 22 agenda. Per telephone
oonversation of September 23, 1980:
Motion by Mr. D'Angelo to sign the oovenant and acoel~t the Subdivision Control
Agreement in lieu of the oc~venant, thereby releaseing the lots from the oovenant.
Second by Mr. Burke. Vo~e:
~illiam Chepulis,~i~
Jean E. White, Secretary