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HomeMy WebLinkAbout1982-05-17May 17, 1982 Regular Meeting The PLANNING BOARD held a regular meeting on Monday evening, May 17, 1982 in the Town Office Meeting Room with the following members present and voting: Michael P. Roberts, Vice Chairman~ Walter R. McDonough, Clerk; and Erich W. Nitzsche. Town Planner Susan M. St. Pierre and Building Inspector Charles Foster were also present. PLANS NOT ~E~O,~IRING APPROVAL Tabled TRAFALGAR ESTATES Release of Covenant Mr. Ambrose Flatley was present. He submitted a Letter of Credit and discussed a completion date with the Board. Susan St. Pierre warned the Board no.t to accpet the Letter of Credit without a completion date or making the completion date in line with the date on the Letter. Also, a public hearing is necessary for a modification. Member Roberts suggested accepting the Letter of Credit and set the completion date at the next meeti:ng when the Highway Surveyor and the Board of Public Works have been notified. Developer Scott Follansbee (not for Trafalgar Estates) added that the Highway Surveyor does not want to have a subdivision bonded or have one completed when the work is still going on. It is difficult for a developer because the Planning Board holds such a high bond, five to six times the cost of the work. Member McDonough suggested a new formula be looked into to correct this problem. MOTION: by Mr. McDonough that pursuant to Section 81-W of M.G.L. the Planning Board hold a public hearing on June 7, 1982 for the purpose of modifyin? the approval of the Trafalgar Estates Subdivision and accept the Letter of Credit with the condition that the binder coat be applied no later than September 1, 1982 and that all work be completed by April 1, 1983 unless a Letter of Credit for the balance is renewed. SECOND: VOTE: MOTION: SECOND~ VOTE: by Mr. Nitzsche Unanimous - motion carries by Mr. Nitzsche to release the lots as stipulated in the Release of Covenant dated May 17, 1982 and release Lots 4 through 34 and 39 and 40. by Mr. McDonough Unanimous - motion carries. May 17, 19~2 -2- Regular Meeting BENJAMIN FARN~U~ - Request for approval to re-petition the Board of Appeals Atty. James Hyde was present for the petitioner, All discussions have taken place at previous meetings. An affirmative vote from Chairman Hedstrom was submitted in his absence. MOTION: by ~Ir. I.~cDonough that the Planning Board forward a favorable recommendation to the Board of Appeals to re-hear the application of Benjamin Farnum. SECOND: by Mr. Nitzsche VOTE: Unanimous - motion carries WILLOWS INDUSTRIAL PARK - set back problem for Lot W (Advanced Reproduction) Atty. Joseph Grasso was present representing abutters to Lot W Condon and Goodrich. Atty. Grasso summarized what was discussed at the previous meeting. He also presented a sketch of the premises and stated that as the development was getting underway, the abutters appeared because there was a question of where the lines were to be drawn and the location of the zoning lines. As part of the process, the Planning Board requested a letter from the Building Inspector in which he stated that lines were to be measured from property lines. On the question of zoning, it is up to the Building Inspector, the Board of Appeals, or Superior Court. However, the problem with Lot W is for the Planning Board. A letter from Town Counsel dated Hay 17, 1982 was read and placed on file. Town Counsel stated in his letter that the Planning Board should take no action. Building Inspector Foster stated that he did not handle Lot W according to his letter. Where the zoning line is in the sub- division, it does not deal with the particular question that we are discussing. According to the Zoning By Law, the additional fifty foot buffer is only effective when the land is adjacent to Residential land. Lot W abuts Industrial land and it belongs to the abutters. Foster then presented a plot plan from a registered land surveyor. Atty. Grasso reminded the Board that the Condon's appeared at the public hearings for the subdivision to insure that the buildings were located at a distance to insure that this would not happen. The Planning Board assured them that the buildings would be 100' from their property line. May 17, 1982 -3- Regular Meeting Willows Industrial Park continued Building Inspector Foster stated he believes the Plannino Board addressed the situation incorrectly by not naming this particular lot in their decision. He added that the building is now 85% complete. Atty. Grasso suggested an adjoining of the building and stated that the Planning Board has the power to revocation of the building permit. Member Roberts reminded the Board that Town Counsel advised no action and suggested that Atty. Grasso contace Town Counsel. He also asked if the builder and the abutters could work something out. Mr. )like Nicolosi, the builder, said that the land was surveyed twice and conformed to both state and local regulations. He asked the abutters why they waited so long to come forward. Mr. Charles Nigrelli, owner of the property, stated that there was no deliberate intention of causing any problems. He maintained the 100' setback from the Reisdential district. He further stated that one cannot see their (the abutters') homes from his new building because of trees. Atty. Grasso and Mr. Nigrelli agreed to discuss the matter and Member Roberts asked to have the Planning informed of any new developments. LETTER FROM MRS. SPRACKLIN HAY)~EADOW ROAD - Lots 16, 18, and 20 A letter from Mrs. Carol Spracklin, dated April 21, 19~2 was read and placed on file. Hrs. Spracklin was present and explained that there is a very dangerous situation on Haymeadow Road. There is a large hole and a cliff. She has been before the Conservation Commission and they said it is not their problem. Scott Follansbee suggested the Bo-ard contact Land Vest, the present owners of Lots 16, 18, and 20. The Board instructed the Town Planner to write a letter to Land Vest, 20 Kilby Street, Boston, Mass., Attention Mr. Richard Perkins, and send a carbon copy to Mrs. Spracklin. REQUEST FROM FRANK GELINAS PATTON ROAD FOR SALEm FOSEST II MOTION: SECOND: VOTE; by Mr. Nitzsche to accept the letter from Frank Gelinas dated May 17, 1982 regarding the justification on the waiver on Salem Forest II. by Mr. McDonough Unanimous ~ motion carries May 17, 1982 ~4- Regular Meeting SUBDIVISION UPDATE Greenwood East - completion date September 1, 1982 Carleton Farms East - completion date ? October 1, 1982 Atty. Victor Hatem was present. He stated the outlook is better now. He will formalize it in a letter of understanding and hope for a resolution. The Greenwood East bond was already enforced by the Board but is pending. The update should be in the field, On Carleton Farms East - it has been completed but there is a question of whether the Highway Surveyor wants th¢inal coat on. The houses should be completed in the fall. The Board placed both items on the next agenda. Hardtcourt Estates completion date June 1, 1982 Scott Follansbee was present and stated that there are 20 lots, with 8 remaining and no construction. The drainage is 100% complete with the exception of the gas and oil trap cover. The binder is on, the water is in, and there has been a substantial amount of damage done to the shoulders from seeding, He further stated that he has been told that, prior to the installation of gas and oil traps and other things, that the Highway Surveyor would not release any money until the project is completed. He can complete it by June 1, 1982, which is the completion date, but he thinks that would be foolish because time frames that seemed reasonable a year ago are not reasonable today. Also, there are 2 lots which will not be built on this year. He thinks the completion date should be extended and a field inspection should be done. MOTION: by Mr. HcDonough to extend the completion date to July 1, 1982 for the Hardtcourt Estates subdivision subject to a field inspection. SECOND: by Mr. Nitzsche Discussion: Town Planner St. Pierre wants Mr. Foll-ansbee's request in writing. VOTE: Unanimous - motion carries. Ingalls Crossing II completion date Sep6ember 24, 1982 Scott Follansbee was present and wants to extend the completion date to Spetember of 1983. The drainage is in but not complete. The water is not complete and the road is at gravel grade. Continued for June 7, 1982. May 17, 1982 -5- Regular Meeting Subdivision update - continued Ingalls Crossing III completion date - November 1, 1983 Scott Follansbee spoke and stated that the plans are not yet signed. The Planner said that the dates should be revised. Continued to June 7, 1982. Abbott Meadows - completion date - November 1, 19A2 Scott Follansbee wants the Planning Board to come up with a new bond figure because the binder coat is on, the water is in, and the drainage is in. The current figure is $24,000.00. He stated that if the figure is not changed, he will complete the subdivision 100% and arrange a field inspection with the Highway Surveyor. Continued to June 7, 1982. Quail MOTION: Run completion date June 1, 1982 by Mr. McDonough to notify the owner of Quail Run that the completion date is June 1, 1982 and that the required work has not been completed. Also, it is the Planning Board's intention to enforce the bond on June i 1982 and instruct Town Counsel of this action. SECOND: by Mr. Nitzsche VOTE: Unanimous motion carries. ~cky Ridge - completion date - August 1, 1982 Continued to June 7, 1982 Town Planner St. Pierre informed the Board that inter¥iews for a new Town Planner will be held on Wednesday and invited the members of the Board-to participate. The meeting adjourned at 9:10 p.m. R6berts, Vice Chairman MicHael P. ' ' Jean E. White, Secretary