Loading...
HomeMy WebLinkAbout1976-03-01March 1, 1976 - Monday Regular Meeting The PLANNIN0 BOARD held a regular monthly meeting on Monday evening, March 1, 1976 at 7.'30 P.M. in the Town Office Meeting Room. The following members were present and voting.' William Oh~pulis, Chairman; l~ritz Ostherr, Vioe-~hairman; William N. Salemme, Clerk; and Paul R. Lamprey. There were 15 visitors. PLANS NO~ REQUIRING APPROVAL: 1. NARY M0~DY SELDEN - Moody & Prescott ~ts..' Upon mo~ion of Mr. Ostherr to endorse as not requiring approval under subdivision control law the plan of land owned by Mary Moody Selden, dated Feb. 17, 1976 a second was received by Mr. Lamprey. James J. Outran, an associate of C. E. 0yr, appeared in the absence of RusseI[ ~a~l, Mrs. selden's attorney. Mr. Ostherrts reason for proposing endorsement was because the lots show adequate frontage and area. Mr. 0urran stated that there is an 8" V.c. pipe ~n the Moody land which leads sontheast. They propose, al%er a topographical detailed study, to contain and control the flow cf the existing swale on the ]-~d to eliminate any. further water problem. This easement would be approximately 22~ feet from the rear of the property line and not on this lot. The vote on the motion was unanimous. 2. (~ERNWO~D ASSOCIATES - Appledore Lne: The plan shows lo~ #32 and is dated Feb. 9, 1976. This is a conforming lot which has proper frontage and area and is serviced by town water and sewer. A discussion took place as to whether or not the lot at the end of the cul de sac on Appledore Lane was part of the approved subdivision. Ben Osgood stated that there are no changes as per the Appledore plan. After they purchased the Appledore parcel they purchased the Greenwood parcel so they added this lot to make the Appledore Subdivision 32 lots. The BOA1TD reviewed the Greenwood East plan to make comparisons. Mr. Ostherr made a motion to endorse as not requiring approval under subdivision control law a plan of land prepared for Greenwood Assoc. and dated Feb. 9, 1976. Mr. Lamprey seconded the motion. Philip Busby, Jr. felt that a land-locked p~ece of land was being created by the land that is left over. Member Lamprey voiced concern over the fact that the covenant does not cover this lot inasmuch as it .is meant to ensure the buyer adequate access. Mr. Ostherr then amended his motion to read that the plans shall not be signed until a correction is made denoting "private" rather than "public" on Appledore Lane. Mr. Salemme seconded. During the discussion that followed it was established that they are not adding to the Appledore Subdivision as far as the Subdivision Control Law is concerned. A vote was taken'on the motion on which Mr. Chepulis was the only member is opposition. His reasons were that it is not included in the covenant and increases the subdivision. Mr. Gelinas to change the word to "private" and re-submit for signatures. PUBLIC N~AWINGS: 1. THE ANDOVERS - Scott Properties, Inc. - Boston St.: The clerk read the leEml notice. Scott Fcllansbee was present. Mr. Ostherr inquired when they had ao~ired the property and Mr. Follansbee said around November or December 1975. The original plan which we were shown, he stated, is an exact copy of the one at the R~gistry except that the plan at the Registry stipulated that Lot A was not a buildable lot. The Building Inspector vouched for this fact becaus~ at the time, the plan was shown to him. This plan did have the PLANNING BOARD members signatures on'it. O. Dunn, an abutter, stated that he moved in about 4 years ago and received a plot plan cf his property and the abutting property which did have the notation on it that it was not a buildable lot. Frank C. Gelinas spoke for the applicant stating that it is a 2~ acre parcel that does not have proper frontage. Lot A is not considered a building lot in North Andcver but ~arch 1, 1976 - cont. ~ill Pro~ably be considered such in Andovero LOt B has the proper frontage. He pro- posed to put in a snell cml de sac in conformance with the rules of the PLANNING BOARD. The ground has a 6~ slope near Boston St. which goes to 8~. There is no water and no sewerage and there are no drainage improvements other than country drainage provided for on theplan. There is a 10-12 ft. clearance between existing property lines. Mr. Dunn was concerned about close to the proper~y line the ed~of the cul de sac would come. Mr. ~elinas told him approximately 2-~ feet; It was introduced %ha% the radius is only SO feet on the oul de sac instead of the regulation 60 feet. They asked for a waiver from that requirement because it it only a 2-lot subdivision. Mr. Chepulie stated that it had been brought to the BOARD*s attention that this particular p~rcel was denied by the Board of Appeals as a single building lot. We are basically providing a service road about 100 feet into the procerty and a discussion of the width of the traveled way must take place with the Highway Surveyor, said Gelinas. This piece of~ land does not conform to the Zoning By-Law and that is why we are going the subdivision ~oute. Mr~ Dunn interjected that they will make matters worse by cutting out a good deal of large pine trees and adding a cul de sac. Also, he felt that it would reduce the property value~ and further, that he had no complaint when they waut~d to make it a one-house lot. Oh~irman Chepulis asked about perc data. Mr. Gelinas said the feet was taken on Lot 2 because originally the parcel of land was one largelot. Mr. Chgpulis then read the letters from the Board of Public Works dated Na~ch 1, 1976 and the Highway Surveyor of the same date. The letters are on file. Mr. Oyr, Highway Surveyor, stated that he could foresee problems between the two to~ns such as by the people who are living in one town and paying taxes'in another. A motion was made by Mr. Ostherr to terminate the public hearing and take the matter under advisement. Mr. Lamprey seconded and the vote was unanimous. 2. BENOHNARKESTATES - Benchmark Construction Co., Inc. - Winter St.:' The clerk read the legal notice. ~rank Gelinas represented the developer and stated that the subdivi- sion is an 114 acre parcel in size and the proposed road is 575 feet in length. There is a cul de sac ~rith a 75 l~t. radius circular ending. It will be serviaed by municipal water with an 8" water line presently existing on Winter St. which will be tied in with a 6~ line to be brought to.the end of the turn-around. The drainage includes 3 sets of catch basins and there is no sewer at the location. All drainage is from Winter St. to the middle of Lot 15 where there is an intermittent stream. They will provide easements to that location. The BOARD was shown an aerAal photo taken at 2 ft. intervals. There isa very well defined brook flowingfrom north to south on the site. The headwaters of that watershed is to the rear of Robin Munroe'e property. OPPOSITION: Mike~molak, an abutter, stated that this is part of Mosquito Brook and is running year round. This Brook is a tributary of the Ipswich River and the whole region is part of Deer Swamp, called Long Swamp on town maps. He showed photos taken a few~days emrlier. Mr. Gelinas explained the topography of the area and noted that the Brook is rather wide and shallow at about contour elevation 138. The elevation ranges from152 to 170. Other abutters and neighbors who spoke in opposition were as follows: John Benincasa, S~ndra Munroe, Adam M~rcinuk, Joyce Sanstrom, DanielBoyle, Patty Zahouriko. Also, Sandra Kulpinski, Lyman Rd. mentioned that the stakes in that area are all under water. Ail citizens felt that the subdivision would create more environmental problems in an already severely wet area which has many drainage problems. Marie Busby, Chestnut S~. recommended that the plans be referred to the Conservation Commission and vas advised that it is up to the developer to file. l~rch 1, 1976 - cont. Charles Foster, Building Inspector, stated that he had reviewed the plans and was . surprised that the BPW did not bring up the fact that a portion cf the water main is a very old 6" and was concerned about the pressure to service these lots. He felt that it would be prudent for the BPW to use any leverage they have to control the number of houses on an old water main. Philip Busby, Jr. stated that the water main ends at the Town Fa~. and Dale St., then picks up again where Winter St. crosses Dale S~., etc. and tB~t they have fire flow in the hydrants on Winter St. Mr. Os%herr made a motion to take the matter under advisement and Mr. Lamprey seconded. Sandra Munroe hoped that a big consideration would be given to the fact that the Ipswich River is a source of drinking water for Lynn, Beverly, etc. The vote on the motion was unanimous. DISCUSSION - WILLOW RIDGE ESTATES: Mr. O~therr stated that the Subdivision Control Subcommittee had walked the property and couple of design cB~nges were suggested. Inasmuch as they had not had a chance to prepare a list of conditions they recommended that it be taken up at the March 15th meeting. DISCUSSION - NARBLERIDGE ESTATES: Mr. Os%herr stated that there is a general problem with the whole area, giving the Town access to maintain the drainage. They had not had time to explore this with downstream neighbors, Mr. Cyr or Mr. Gelinas so he matte a motion to table both above-named proposals until the next meeting. Mr. Lamprey seconded and the vote was unanimous. PAUL A. ~STRON - 30 Oakes Drive: Mr. Hedstrom explained that he had spoken with Mr. Barbagallo and was now aware that the road had not been accepted by the Town. In view of this fact, he was not con- cerned inasmuch as it will be repaired. He objected to the fact that his lot lies below the road and is subject to all the surface drainage coming from it. Mr. Barba- gallo told him that it may be a problem that has to be solved by the builder. LET~ FROM FRANK GE~INAS RE WILLOW RIDGE ESTATES - dated Feb. 23, 1976 The Watershed Computations were sent to Mr. Monteiro also. The letter was read and placed on file. LETTER FRON BOARD OP SELECTMEN RE HEREFORD DECDARATORY JUDGMENT - dated Feb. 24, 1976: Letter was read by the Chairman after which he suggested t° the members that they could either start conferring with the 2~rd of Appeals or let it stand. In light of Atty. Elias' refusal, Mr. Chepulis had spoken with Atty. Randazzo ~ho stated that if asked he would accept the request to represent the PLAN~G BOARD. Mr. Os%herr $~ated that he doubted that there is a policy anywhere that they (the Selectmen) will accept only Town la~y~rs. We have discussed a few people, he said, and still felt that Julian D'Agostine would be his choice if one were to be made. He stated f~her that this was not meant to be an affront to Atty. Raudazzo because he didn't even know him. l~her, he mentioned that it was unwise to subject the Town to such bickering. The BOARD members concurred that a letter should be sent to the Board of Appeals, with a copy to the Selectmen, stating that we would like to meet and discues. Also, inform the ~eleot- men in writing that we have made such overture to the Appeals Board, and if it does not materialize we revert back to our original request. BOARD OF APP~.~.S DECISIONS: George Parkas - the decision ~as read by the Chairman for the benefit of all present. Charles Poster felt that this parking problem could possibly be solved by a special permit procedure, particularly along 125. He concluded that we may have more applications for parking in the immediate vicinity of some of these places. Mr. Os%herr asked about l~rank Trombly's junk buses to which Mr. Foster replied a complaint :would have %o be filed with the Police Dept. No~ioe: o~ Public Rearing - Town of Wilmington was announced by the Chairman. MI~C~NEOUS .MATTERS: DCA News received and filed. Ge.o~ge Fart came to the BOARD with a mortgage bond frem the Family Mutual Bank. Mr. Chepulis read through it ~nd advised Mr. F~rr to request a letter from Nessers and Borgesi and to specify on the bond e~ctly which h~lf of the .smlmiivision he wOUld he bOUding. Also, a partial release of the covenant must be forthcoming. The BOAP~D direo%ed the Secretary to submit the document %o Town Counsel for approval, as to form. The meeting adjourned at 1 1 P.M. (wiln Cheung/ / (Gild,a Blackst eck)