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Home My WebLink About1982-05-04May 4, 1982 Regular Meeting The PLANNING BOARD held a regular meeting on Tuesday evening, May 4, 1982 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: Michael P. Roberts, Vice-Chairman~ John Burke~ and Erich W. Nitzsche. Town P~anner Susan St. Pierre and Highway Surveyor William Cyr were also present. PLANS NOT REQUIRING APPROVAL Rose Marcinuk - Winter Street MOTION: by Mr, Nitzsche that the plan of land located in North Andover, Mass. prepared for Rose Marcinuk and dated April 16, 1982 be approved under the Subdivision Control Law Not Required with the condition that the plan show the balance of the land and frontage owned by Rose Mar- cinuk in accordance with the Rules and Regulations of the Planning Board. SECOND: by Mr. Burke VOTE: Unanimous motion carries. Crestwood Development__~(Ralph. C! ardi e! _l .o.) M.r. and Mrs. D'Am!.co. Martin 'A'venue MOTION: SECOND: VOTE: by Mr. Nitzsche that the plan of land located in North Andover, Hass. owned by tlr. and Mrs. D'A~ico and dated April 12, 1982 be approved under Subdivision Control Law Not Required with the condition that a notation be placed on the plan of the actual owner of Lots A and B and that the purpose of this plan is a land swap between the two owners and does not change the frontage or area of Lots A and B and that any structure on Lot B be shown on the plan. by Mr. Burke Unanimous - motion carries, Helen Kellner Mill Road ~Ir. Robert Goodwin presented an Assessor's map. There are 12 acres plus frontage on Turnpike Street. MOTION: by Mr. Burke that the plan of land located in North Andover, Mass. prepared for Helen Kellner and dated April 12, 1982 be approved under Subdivision Control Law Not Required with the condition that the frontage to the Northwest be shown on the plan and the remaining frontage that the petitioner owns also be shown. Also, that tht plan show a locus map in accordance with the May 4, 1982 ~2- Regular Meeting Kellner - continued Rules and Regulations as well as the remaining area and that Mill Road be shown as a public or private way. SECOND: by Mr. Nitzsche Discussions Both Member Nitzsche and Highway Surveyor Cyr cautioned that an easement should be placed on the plan and Mr. Goodwin agreed to discuss with his client. VOTE: Unanimous - motion carries. OTHER BUSINESS Benjamin Farnum Request for Planning Board approval to re- petition the Board of Appeals Attorneys Howard Berger and James Hyde were present for the petitioner. However, four out of five votes are needed from the Planning Board and there are only three members present tonight. Tabled for future action. Willows Industrial Park - Discussion of set-back violation Town Planner St. Pierre stated that Chairman Hedstrom should be present for this discussion. Attorney Joseph Grasso present for abutters Condon and Goodrich. Major points by Atty. Grassoi This problem involves a decision of the Planning Board dated October, 1980. The abutters are concerned that condition #7 of the Willows Industrial Park Subdivision approval which requires a 100 ' setback has been violated. There is a building under construction which is approxi, mately 60' from the property line of the Condon's and Goodrich's. A request of the Building Inspector has been made. The permit has been granted and according to the Building In- spector, it is lawful in that he interprets the situation as being an Industrial district bordering an Industrial district. The abutters came to several Planning Board meetings in the past with the same concern. The Planning Board made a request of the Building Inspector for an interpretation at the time the subdivision was submitted and he stated that setbacks are measured from property lines. As a result, condition #7 states that the 100' setback is to be measured from the property line, not the zoning line. May 4, 1982 -3- Regular Meeting Willows - continued - He is asking that the Planning Board exercise its powers under the law to remedy this in court as the Board is empowered to do. Town Planner St. Pierre suggested that the Board request input from the Building Inspector and Town ,Counsel for the next meetin,. MOTION: SECOND: VOTE: by Mr. Burke to re-schedule the discussion of Willows Industrial Park for May 17, 1982. by Mr. ;~itzsche Unanimous motion carries. Bear Hill set public hearing Set for June 7, 1982 at 7:30 p.m. in the Town Office Meeting Room. Benjamin Farnum - tabled earlier Atty. Hyde presented corresponaence from Eastern Microwave. He gave a summary of what has happened to date on this request. MOTION: SECOND: VOTE: by Mr. Nitzsche that the Planning Board review the material submitted by Atty. Hyde before making a recommendation to the Board of Appeals and set up a Special Meeting'for Mon- day, r~ay 10, 1982 at 7:00 p.m. to render a decision. by Mr. Burke Unanimous - motion carries. Salem Forest II - Preliminary Plan Decision GeDrge Pelletier submitted a request for a waiver. MOTION: by Mr. Burke that the Planning Board waive Section 4.4A of the Rules and Regulations Governing the Subdivision of Land on the length of the cul-de-sac from 500~ to 900' subject to Mr. Pelletier's outlining exactly what he is asking for to be received by the Planning Board on May 17, 19B2. SECOND: by Mr. Nitzsche Discussion: Mr. Pelletier argued that the waiver should not even be discussed until the definitive stage, but Member Nitzsche demanded a more specific request. Highway Surveyor Cyr asked "If you are goinn to grant waivers, why not improve the cul-de- Sacs?" MOTION AriD SECOND WITHDRAWN. May 4, 1982 Regular Meeting Salem Forest - continued MOTION: by Mr. Nitzsche that the Planning Board grant a waiver on the length of the cul-de-sac from Section 4.4A of the Rules and Regulations Governing the Subdivision of Land to allow for a increase in the length of said cul- de-sac from 500' to 900' subject to the full written justification being described in detail and submitted to the Planning Board by May 17, 1982 and subject to said cul-de-sac's specifications being approved by the Highway Surveyor prior to the submission of the defini- tive plan. SECONd: by ))r. Burke VOTE: Unanimous motion carries. MOTION: by Mr. Burke to approve the Preliminary Plan of Land entitled "Salem Forest II" dated January 21, 1982 pre- pared by Frank C. Gelinas and Associates with the follow- ing conditions: 1. All water improvements shall be in accordance with the Board of Public Works letter dated March 15, 1982. 2. In accordance with the Highway Surveyor's letter dated April 2, 1982: a) Definitive detail of access/egress roadways across Boston Brook and its associated wetland areas shall be submitted with the definitive plan, including design of construction methods and materials and erosion control plan. Two-foot contours and all pertinent topographic detail shall be shown for locus. b) The proposed reverse curve shown in proposed road layout shall be eliminated. c) The existing drainage problem on Lot 20 of the Salem Forest I subdivision shall be incorporated into the Salem Forest II drainage design. The existing dwellin, on Lot 20 shall be shown oQ plan. A locus plan showin~ all remaining land and frontage owned by the applicant shall be submitted to insure that remaining land does not become landlocked. Spring surface water elevations in wetlands and soil logs shall be shown on the definitive plan. A waiver is granted from Section IV. 4. a. of the Subdivision Rules and Regulations to allow for an increase in the length of the proposed cul-de,sac from 500 to 900 feet, subject to written justification being described in deteil and submitted to the Planning Board by May 17, 1982, and subject to said cul-de-sac specifications being approved by the Highway Surveyor prior to submission of the Definitive Plan. May 4, 1982 -5 Regular Meeting Salem Forest - continued All requirements of the Rules and Regulations Governing the Subdivision of Land for the Town of North Andover, Massachusetts, 1981, shall be adhered to. Test pits shall be dug within the area of Lots 6, 7, 8, and 9 in the area of the stump piles and dumping area to ascertain whether indeed debris has been buried below the water table, and, if it has, all debris shall be removed and backfilled with clean earth material. SECOND: by Mr. Nitzsche VOTE: Unanimous - motion carries Trafalgar Estates - set bond amounts A letter from Mr. Ambrose Flately dated April 29, 1982 and one from the Board of Public Works dated February 16, 1982 were read and placed on file. MOTION: by Hr. Burke that the Planning Board establish a bond figure of $82,500.00 for the Board of Public Works and $158,000.00 for the Hiohwav Department for a total of $240,500.00, subject to verification of the figures by the Town P~anner to be posted by Ambrose Development Corporation to the Town of North Andover. SECOND: by Mr. Nitzsche Discussion - Highway Surveyor Cyr thinks things are getting out of hand in the subdivision and he wants the work done. VOTE: Unanimous - motion carries The meeting adjourned at 9:30 p.m. Michael P. Roberts, Vice Chairman Jean E. White, Secretary