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HomeMy WebLinkAbout1980-12-15December 15, 1980 Regular Meeting The Planning Board held a reF~lar monthly meeting on Monday evening, December 15, 1980 at 7:30 p.m. in the Town Office Meeting Room. The following members were present and voting: William Chepulis, Chairman; Paul Hedstrom, Vice-Chairman; Joseph D'Angelo, Clerk; and John Burke. Town Planner Susan St. Pierre and Highway Surveyor William Cyr were also present. NOT REQUIRING APPROVAL Mattheson/Morse -Marblehead and Union Streets - Division of land as set forth in a will was recently before the Board of Appeals and a variance was granted. Motion: by Mr. Burke that the plan of land located in North Andover, Mass. for Robert Nattheson and David Morse dated October, 1980 be approved under Subdivision Control Law Not Required. Second: by Mr. D'Angelo. Vote: Unanimous in favor of the motion. E. Giard -Appleton Street Motion: by Mr. Burke that the plan of land located in North Andover, Mass. for ~ile Giard dated July, 1980 be approved under Subdivision Control Law Not Required. Second: by Mr. D'Angelo. Vote: Unanimous in favor of the motion. Kent - Middlesex Street -Mr. D'Angelo wants to see a reference to a plan. Motion: by Mr. Burke that the plan of land located in North Andover, Mass. for Kent and Munro dated December 1, 1980 be returned to the applicant for additional information; specifically, that the county layout aoccmpany the plan for the next meeting. Second: by Mr. Eedstrom. Vote: Unanimous in favor of the motion. Fuller Road ~ .Lots 8 and ~ - Mr. Burke disqualified himself from the vote as he has an interest in the property. The house is too close to the lot line. Motion: by Mr. Hedstrom that the plan of land located in North Andover, Mass. for Jayson Realty Trust dated December 11, 1980 be approved under Subdivision Control Law Not Required. Second: Vote: by Mr. D'Angelo. Unanimous (with the three remaining members voting - Chepulis, Hedstrom, D'Angelo). December 15, 1980 -2- Regular meeting Greenwood East - C. orrected Form A - Resubmitted with the correct bearing line redefined. Motion: by Mr. Burke that the plan of land located in North Andover, Mass. for General Store Realty Trust dated December 9, 1980 be approved under Subdivision C~ntrol Law Not Required. Second: by Mr. D'Angelo. Vote: Unanimous in favor of the motion. Note: At this point, Mr. Chepulis left due to illness. Therefore, all remaining votes ~ST be unanimous. L .a~e~ide - Discussion with John Turtle concerning siltatic~ problem at Stevens Pond. Mr. Tuttle was not at the meeting and Mr. Cyr informed the Board that nothing has changed and Mr. Turtle has not communicated with him about this problem. Mr. Hedstrem instructed the secretary to write a letter to Mr. Turtle informing him that the Planning Board is dismayed at his non-appearance and that the situation is very serious and capable of causing a review of the subdivision under M.G.L. Chapter 81-W. Also, request that Mr. Turtle attend the nex~ meeting, which is scheduled for January 5, 1981. Secretary's Note: Letter sent to Mr. Turtle on December 17, 1980. Greenwood East - Request for waiver from common driveway regulation. Attorney Virginia Keaton, Joseph Barbagallo, and Benny Osgood were present. The clerk read a letter from Attorney Keaton, dated December 15, 1980. Member Hedstrom questioned how this happened and Keaton responded that the developer was under the impression that the plan was approved before the regulation went into effect. At this point, she presented a plan to the Board. The slope is very steep and it would be extremely difficult to construct three driveways~and could also cause serious soil and erosion problems. There has been discussion with Mr. Cyr as to alternatives to minimize the impact on the neighborhood. The clerk read a letter from Mr. Cyr, dated December 15, 1981, concerning both the driveway situation and the bond amount of the subdivision. In further discussion, Mr. Hedstrom asked about the water and Mr. ~arbngano responded that it will run up the driveway to the three lots. Mr. D'Angelo said that the grade is 16%, but Mr. Osgood replied that hedid a cross-section and it is more like 9 or 10%. Mr. D'Angelo then asked for corrected plans, and Mr. Heds%rom advised those present to assure that the easement is properly dedicated. December 15, 1980 -3- Regular meeting. Greenwood East (CCh't) ~. Osgood sta~ed that the proBle~ is not ~r~th the plans, but rather in the definition from the 1T~les and l~egulations. There are no instructions in the book on ho~ to obtain a waiver. Attorney Keat~n then told the Board that from a legal point of view, she is trying to go "through the system." ~he said that Mr. Oyr and her client agree that one drivewa~ will service these three lots and the ~uestion is how the Planning Board will control the situation. Mr. Oyr reminded those present that the entry permit was is~-,ed for "one" lot, and if the Plarming Board denies the waiver, he feels that he should have the authority to impose the entry of the driveway on a town street. At this point, Atty. Keaton asked the Planning Board to exercise their juristiction with the waiver, and the~ requested a two minute recess to confer with her client. ~peaking in opposition to the granting of the waiver was Attorney Jim Hyde, who represented Mr. Kaloution, a neighbor. They are epposed because of fear of wh~t this might do to their property value. Motion: by Mr. ~urke that the waiver be granted subject to complete control of the private way be given to Mr. ~yr. If this condition is not oo~plied with, the waiver will be revoked. No second - motion fails. Mr. ~ruce Moody then spoke - he has land under option and would like tog et started digging. At this point, Mr. Barbag~llo asked the Board the question: "If we withdraw our request for a waiver at this time, would the Board be willing to release the three lots from the covenant provided a bond is posted?" The Board then moved to the next item on the agenda ~nd took up the Release of Covenant and Bond sumbission on Greenwood East. Attorney Victor ttatem represented the applicants:and submitted a Form H - Pex'- formance Bond in the a~ount of $6,000.00, which was incorrect - it shoul~ have been in the amount of $8,000.00. Motion: by Mr. Burke that the Planning Board release the covenant which covers the remaining three lots on Greenwood E~st. For such release, the 2o~rdwill accept the Performance Bond for $8,000.00. A corrected copy showing the $8,000.00 is to be delivered to the Plareling Board office on December 16, 1980, at which time the Board will sign the release. Second: by Mr. D'Angelo. Vote: Unanimous. The 2card then went back to the waiver request and Attorney Eeaton requested that it be withdrawn withQut predjudioe. Granted. December 1.5, 1980 -~- Regular meeting. Raleigh Tavern L~ne - all lots released ~he Clerk read letters fr~n Mr. Barb~g~llo, Attorney Eeaton, ~d ~d~ C~. Motif: ~ ~. ~ke ~o rele~e the lots ~bject ~o a $99,~.~ b~d per ~he ~w~ Dep~m~t ~d a $2,0~.00 bond per the ~ of ~blic Works. ~cond: by ~. D'~lo Vote: Un~im~ in favor of ~he mo~i~. Wildwo~ Circle - ~d ~lease - the To~ Plier info, ed ~he Bo~ that To~ Co~sel has ~en authorized ~o enforce ~he b~d. ~e binder ~s be~ applied so the b~d sh~ld not ~ ~forced. Mo~ion: by ~. D'~lo to rele~e $12,0~.~ per ~he High~ ~eyor's rec~en~ti~ ~d revoke the previous letter to ~o~ Co~sel. ~cond: by ~. ~ke Vote: Un~imous in favor of the motion. ~blic H~ing -~en~en~s ~o ~les ~d ~e~a~i~s - set for J~ 19, 19~ - secreta~ ~11 ~ise in ~ence ~le ~ri~e. ~utes - Decem~r 1~ 1~ Motif: ~ ~. ~ke to ~cept as ~Titten. Second: by ~. Heds~r~ Vo~e: Un, imps in favor of the merit. Lisa ~e - Re~es~ for accep~ce as ~o~ street - ~e B~ re~ ~d disc~sed the letter ~ the ~leotmen re~esting a rec~ndati~ ~ the plying ~. Motif: ~ ~. ~ke to obtain reco~dati~ from ~he Hi~ ~eyor ~ accept~g Lisa ~e as a public w~ at ~1 To~ Meet~g before the Pl~uing B~ su~its their ~nda~ion. ~eco~d: by Mr. D'Angelo Vote: Unanimous in favor. Meeting adjourned at ~):35 p.m. William Chepulis, Chairman - Jean E. White~ Secretary