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HomeMy WebLinkAbout1982-09-13September 13, 1982 Regular Meeting The PLANNING BOARD held a regular meeting on Monday evening, Sep- tember 13, 1982 in the Town Office Meeting Room with the following members present and voting: Paul A. Hedstrom, Chairman, John J. Burke, and Erich W. Nitzsche. Town Planner Karen Pomroy and Highway Surveyor William Cyr were also present. MILLS HILL - Preliminary Plan - Decision A request from the engineer, Alfred Shaboo, to extend the date of decision to November 3, 1982 was read by the Board. MOTION: SECOND: VOTE : by Mr. Burke to grant the extension. by Mr, Nitzsche Unanimous - motion carries. Decision to be made at the Board's last meeting of October, 1982. PUBLIC HEARING ROBERT FORGET - SPECIAL PERMIT ~ WATERSHED DISTRICT Mr. Burke read the legal notice. Letters from the Fire Chief and the Conservation Commission were read and placed on file. Also, the Order of Conditions issued by the Conservation Commission were reviewed by the Board. Highway Surveyor Cyr expressed his concern regarding this appli- cation because of the water flows at Salem and Marbleridge. He wants to see a drainage easement on the plan. Mr. Joseph Cushing, engineer, was present and made the following points: The applicant would like to take the parcel and develop it for four additional house lots, in addition to the existing one. - He is before the Planning Board because work is proposed within 100 feet of a tributary to the lake and cutting within twenty five (25) feet of a tributary to the lake. - The plan before the Planning Board is similar to the one pre- sented to the Con. Com. It has been modified as a result of a number of hearings with Con. Com. to make sure there would be a minimum impact on the wetlands and the drainage ways. a There is already^sewer line down Marbleridge Road. The appli- cant would like to install a sewer line to connect his dwelling and the proposed four new dwellings. September 13, 1982 -2- Regular Meeting Forget - continued - The Superintendent of Public Works has stated that the pro- posal fits in with the Master Plan. An erosion control mechanism which will be done after the public hearing with the Planning Board. The proposal is consistent with the environment and consis- tent with the overall sewer plan as developed by the BPW. Several neighbors attended the public hearing voicing concerns. Those who spoke were: Mr. Rene Fugere, Mr. Joe Cavalarro, Atty. James Eaton, representing Hannah and Ethel Stork, Mrs. and Mrs. Joseph Slowick, Ann Howes, and Mary Stork Hart. The reasons given by the neighbors for their concerns were: There is a ~ater.problem in the area. The proposed development is in an area of a natural retention area which controls and holds water so that it does not flood surrounding fiqlds. Valuable farm land could be destroyed. - The proposed sewer line could disturb the run off. - There is a safety concern for traffic which will be increased. The property is located at a dangerous intersection. - There are zoning and wetland laws which are not being enforced. - The level of water on Dale Street will increase because of the cutting of the vegetation. Mr. Cushing, Atty. Philip Arsenault (representing Mr..Forget), and Chairman Hedstrom responded to the neighbors with the following comments: As a result of the Con. Com. public hearing, the petitioner is prohibited to do any filling below contour elevation 169. (Cushing) There will be no filling in the area where water is going to be ponded on the parcel. Any filling which exists, which is proposed, or which will be done beyond elevation 169 will have no affect to the abutters. They are NOT changin8 any contouring as a result of any water coming on. (Cushing). The vegetation to be cut is in the area below contour 169. Con. Com. has said that he will not be allowed to make any alterations below this. This represents the outflow for this parcel. If more water is put in, it cannot go above 169. (Cushing) September 13, 1982 -3- Regular Meeting For.get continued If someone releases an obstruction upstream, they must file with Con. Com. (Cushing) No one has a right to increase water on another's property. (Hedstrom) Mr. Forget's present house is on septic and sewer has been installed on Marbleridge Road and he is being assessed for that sewer. One of the purposes of this plan is to allow him to tie in. If Mr. Forget does not install and pay for the sewer, the town will probably do it. (Arsenault). Highway Surveyor William Cyr raised the following concerns: There is a problem with the Conservation Commission on major drainage courses. We need a normal flow of water. We need to protect these drainage easements. Once the construction is completed, we have no control without the proper easements. He suggested that with the cooperation of the owner of the property, we establish drainage easements. A drainage area that is not sufficiently defined is no good. He requested that the appli'cant grant easement rights to be recorded prior to any lot being transferred. Mr. Cushing stated that the applicant would agree to expand the definition to allow the drainage ways as they exist and allow the Board of Public Works to maintain the sewer and a deed re- striction that says that there will be no filling below contour elevation 169.0. MOTION: by Mr. Burke to take the matter under advisement. SECOND: by Mr. Nitzsche VOTE : Unanimous' - motion carries. OTHER BUSINESS GILMAN LANE - Reguest for Release of Covenant Mr. Patrick Cone was present. A letter from Mr. Cone dated 9/7/82 requesting the release of the covenant was read and placed on file. Mr. Cone explained to the Board that he recorded a covenant in 1981 and then posted a bond. The attorney for the buyer of a September 13, 1982 -4- Regular Meeting Gilman Lane - continued lot is requesting the release. MOTION: by Mr. Burke that the Plannin§ Board release the covenant dated May 10, 1972, recorded as Book No. 1499, Page 294 with the condition that the applicant provide a copy of the covenant. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. WILDWOOD PARK - Be_~q~ for bond release and extension of com- pletion date A letter from Mr. Paul Ahearn was read and placed on file re- questing a bond release and extension of the completion date. Mr. Cyr told the Board that due to a mix-up in the date of the Planning Board meeting when this subdivision was to be taken up, he is not prepared with a report. Continued for October 4, 1982 - secretary to notify the applicant~ MOTION: by Mr. Burke to table until 10/4/82. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries. BEAR HILL - Review of conditions 9 b, c, and 1 A letter from the Board of Public Works dated September 8, 1982 was read, as well as a letter dated August 30, 1982 from the Board of Public Works. A member of the Board was supposed to be present tonight to discuss this subdivision, but no one is present, Chairman Hedstrom suggested that Member Nitzsche meet with the Board of PubliC Works in an effort to solve any problems. Atty. Michael Gerstein was present representin? Zachary Realty Corp. His client is concerned because the Board of Public Works is not working with him on this project. He believed they had an understanding that the 8 inch pipe was more than sufficient. It was agreed that Member Nitzsche and the Town Planner would meet with the Board of Public Works and present information at the next Planning Board Meeting regarding Bear Hill. CARLETON FARMS EAST Discussion with B. Os~ood Osgood to apply binder coat and complete the cul-de-sac. RegUlar Meeting September 13, 1982 ~5- FRENCH FARM VILLAGE - Change in road profile - B. Os_~qood Mr. Cyr stated that he will go along with the changes with the exception of two areas: 1. At the intersection of Barker St. 2. At the bottom of the road before it gets to the 6% slope. There might be a drainage problem whiCh will be discussed with the BPW. HARDTCOURT ESTAT~ES ~BONNY LANE) Tie-in to street drainage. Permission was granted at the Planning Board's last meeting to B&R Construction to tie in to the street drainage with several conditions. The typed document was reviewed by the Board. Members Hedstrom and Burke signed tonight and the secretary will contact Member McDonough for the third signature. WILLOW STREET - FOR~ A LOT Ben Osgood was present and showed the Board a plan. He explained that Bob Regan from the Willows Industrial Park has submitted an application to the state to gain entrance to Route 125, which also comes through the Town of Andover. %he middle of the lot is a wetland. Mr. Osgood wants to work with the Planning Board and the town to gain entrance to Route 125 in conjunction with Mr. Regan. This will have a large impact on traffic on Route 114. The land is zoned I-1, with the exception of a residential corner. Also, MEPA will have to be notified. The Board instructed Mr. Osgood to keep them informed of progress and come back when more definite material is available. The meeting adjourned at 10:20 p.m. Paul A. Hedstrom,. Chairman Jean E. White, Secretary