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HomeMy WebLinkAbout1976-06-074uno 7, 1976 Re~l. ar Meeting The PLANNING BOARD held a regular monthly meeting on Monday evening, June 7, ~976 at 7:30 P.M. in the Town Office Meeting Room. The following members were present and voting: Fritz 0stherr, Chairman; William Chepulis, Vice-Chairman; John J. Monteiro, Clerk; Paul R. Lamprey and William N. Saleratus. It was unanimously voted to accept the Minutes of 4/20 and 4/24/76 as received. PLANS NOT REQUIRING APPROVAL: 1. J & V REALTY TRUST - Abbott St.: A motion was made by Mr. Monteiro that the BOARD table the matter at this time because the easements are not shown on the plan. Mr. Salemme seconded. Mr. Monteiro then withdrew his motion and Mr. S~lemme did likewise because the easement had been recorded at the Registry of Deeds and was approved by Mr. Cyr. Fa-. Monteiro's nex~ motion was that the plan be signed with the stipulation that the easement would be drawn on the plan. No second was received as the B~ARD decided that they would like the easement shown on the plan before signing. Mr. Mont- eiro's original motion was repeated and Mr. Saleratus seconded.~ The vote was unanimous. APPLEDORE - Request for Release of Bond and Lots 12-16: Request from V. Harem, E~q. and letter from Board of Public Works dated 6/3/76 were read. Letter from Highway Surveyor recommending that $10,000 beheld was also read. The question arose as to who would have jurisdiction over the retention pond. Ben Osgood stated that Appledore Assoc. has a certificate of compliance from the State that the developer has constructed to their specifications. Recommendation of the PLighway Surveyor and Public Works Dept. is that we retain $12,000 of the remaining $3%000. T~o actions to be taken by the BOARD: 1. Release of Lots ~2-16 - Mr. Lamprey made a motion to release lo~s 12-16 on Apple- dore Lane and Mr. M0ndeiro seconded. The vote was unanimous. 2. Release of Bond - A motion was made by Mr. Mon%eiro to retain $15,000 of the remain- ing $39,000 held equalling $24,000 to be released on this date. Mr~ Lamprey mseeonded and the vote was unanimous. 1. TRAFALGAR ESTATES - T. J. Platley Co.: J. J. Willis, Sr. represented the developer and was accompanied by Messers Donovan and Eane. Mr. Willis noted that there was some apprenhension with their first proposal for townhonses after which they came in with %he plan for duplexes. They then realized that there were some drainage difficulties and in order to bet%er scheme the area to be developed they now have returned with a single family plan of 66 lots. Mr. Willis mentioned t'hat there is a reasonable possibility that 2 lots near Prospect Terrace will not be u~ilized. A~ one ~ime, he said, this area had a natural drainage course including Beckyts Pond, Burke's meadow and on down to the Shawsheen River. They are attempting to diver% to the former natural drainage outlets at this time. The construction on Andover St., rebuilding of Turnpike St. and Chickering Rd. has created some obstacles to the natural drain escape. The present scheme, as pro- posed, is for 1/3 of drainage diverted onto Turnpike St~ (15" drain) and 1/2 of %he other 2/3~ toward Andover St. With this proposal there will be no necessity to provide any retention ponds and it is our design engineer's proposal that a dead-ended area is more attractive than it would be with a through route. In discussion with the Conservation Commission an easement to get to the school grounds was suggested. If it would be the PLANNING BOARD'S desire to follow the recommendation of' the Highway Surveyor regarding oul de sacs they would be inclined %o bow to the request, he said, but in respect to June 7, 1976 - cont. everyone the cul de sacs would be more attractive. There would be one access and egress. They are filing a Notice of Intent with the Conservation Commission and will be prepared at the final hearing with actual hydraulic specifications. Mr. Ostherr queried whether or not there would be any change in drainage going on to Turnpike ~t. - yes. Letter from Bud Cyr, dated June 7, was read. AI~o read were letters from the Con.Com., Board of Public Works and Fire Department. Mr. Nonteiro asked if Mr. Willis had any objections to Mr. Oyr's letter - it is alleged by abutters to Wilson Rd. that they had it m~de a private way at Town Meeting; Prospect Terrace is of no consequence to this development, economically, it would be unsound to reach 2 lots on one side of the street with sewer and water and would be better to not make them buildable lots; he wants us to open Tolland Rd. but the abutters do not want this access and egress. We would be willing to present a restrictive covenant, said Mr. Willis, which would prevent access to the back land by way of frontage on Prospect Terrace. It would ~e par~ of another lot or lo~s in the proposed subdivision. Berkeley Road and an unnamed street are open on the proposal. Mr. Kane, the engineer for the project, said that the cul de sac near the Pranklin School would be a safety hazard if connected. Atty. Willis stated that they would be amenable to any suggestions the BOARD has, but retain the right to a~gue their reasons. Mr. Ostherr suggested ccemecting the 2 cul de sacs and a "dog leg" so that Tolland Rd. Would go over to Berkeley. Mr. Monteiro suggested that Mr. Cyr and the developer get together on the 2 particular areas, cul de sac and opening of Tolla_nd Rd. in order to come up with some agreement. Roadways were discussed and Mr. Oyr said he did not like 22' roads. Mr. Willis stated that they would like to file a defini- tive plan by July meeting. Mr. Ifane said he felt that right ~n°w the plan was designed in accordance with the minimum requirements of the By-L~w. Mr. Willis added that if Mr. Oyr's recon~nendations were adopted in t~to they would have to redesign. Mr. Lamprey mentioned going back to the Advisory Board for funds to have our own engineer- ing study done on this site and the time limit involved. The State won't get involved until this BOARD makes a decision, said Willis in regard to the drainage. Mr. Ostherr asked for PLANNING BOARD guidance to the developer pertaining to opening roads and con- hooting oul de sacs. Mr. Chepulis felt that the consensus Was that oul de sacs should be eliminated , put a connector roadway between the terminus of the turn-~round and Berkeley or emtend the street out to Tolland .Rd. Mr. Nonteiro made a motion to accept the prelimina~ plan with the suggestions in full accordance with the Highway Surveyorts letter of June 7 and letters from Town Depts. which are all on file and PLAN~ BOARD suggestions that 3 cul de sacs be~ eliminated, Tolland Rd. be opened up with the under- standing that the frontage will not be required in the subdivision on Prospect Terrace, Prospect Terrace and Wilson Rd. will remain un-opened, paved roadway widths will be re- examined c~f the revised roadway layout. Mr. 'Salemme seconded and the vote was unanimous. The Chai~n .requested that drainage calculations be submitted with the definitives and Mr. Willis agreed. 2. GREAT POND WOODLAND - Off Great Pond Rd.: John Turtle, developer, stated that the proposed 2,000 Ft. roadway tied in with Timber Lane and the site shows a total of 45 l~ts. There is some question of lots 38-45 - this is the land Anthony Foresta came before the BOARD about at an earlier date. Letters from Highway Surveyor, Fire Chief, and BPW were read and are on file. The BPN letter mentioned 1200 ft. of 12" pipe down Dale St. The Building Inspector asked if the easements deeded to the Town could be included in the calcatlations of property - yes. Mr. Turtle stated that lots 38-45 should be disregarded as any portion of this subdivision. The utility easement is for the use of Mr. Foresta. A discussion ensued about cul de sacs and environment. Mr. Cyr objected to the particular piece of property proposed for ~oresta, felt the Town should not get into this type of thing. The action taken on Great Pond Woodland would not include lots 38-45 or a portion of lot 19. A motion was made by Mr. Nonteiro that the preliminary plan of Great Pond Woodland be tentatively approved subject to the suggestions of Town Depts. and Highway June 7, 1976 - cont. Surveyor, excluding lots 38-45 and including bringing Bridle Path Lane up to ~tdle Ridge Road either by easement or turn-~round at the property line. Mr. 'Lamprey seconded and the vote was unanimous. Mr. Foster, Building Inspector, brought to the BOARD'S attention the fact that at times where they have suggested an~ anticipation of an extension of a raadway they have suggested a temporary cul de sac. Letter from BOARD OF PUBLIC WORKS RE GR~OOD EAST WATER MAIN dated June 2, 1976: Copies of letters from BPW to Greenwood Assoc, dated 11/ ~7/75 and Jan. 3, 1975 res- pectively were reade Ben 0sgood stated that it was agreed that the BPWwould do some of the work if Greenwood supplied the pipe. Mr. cyr said he notified the developer that he plans to do corrective work on Chestnut St. within 60 days and if it is not done he will move ahead. Osgood said that they feel they have some rights in the existing water main that is there and will not put in a new one. Member Monteiro made amotion that the PLANNING BOARD meet with Borgesi, 0yr and Osgood on the matter. Mr. Cyr stated that we are back %0 where we were last December and that he is living up to his obligation. Once he puts gravel onto the street if someone digs it up he will have to replace it. The existing water line is running through an 18" culvert under Chestnut St. and this can't be renewed until corrective work is undertaken. Mr. Monteiro's motion was seconded by Mr. Oetherrand the vote unanimous. The meeting will take place on Thursday, June 10th at Mr. Cyr's office at 8 P.M. WILLIAM Ay CX~ - Subject: Brains from Houses in Subdivisions - Mr. Cyr cited an instance on Appledore Lane which has brought this to the fore. A lot having a spring running through it which empties onto the street. He had made it known to the builder that this drainage could be accomplished by an access of a 90° turn out onto the road to a catch basin. The drainage was put in but the an~le point was very shallow. He stated that he tried to keep the people from moving in by contacting C. Foster regard- ing the issuance of an Occupancy Permit. He h~d also spoken to the Con. Com. and suggested that in a case like this the occupants would have to come to him and present a lot plan before a Building Permit is issued. He commended the excellence of the subdivision itself and felt that the Depts. had made alot of headway over the pas% few years. Mr. Ostherr questioned whether or not it could be incorporated into the Subdivi- sion Rules & Regs. CharlesFoster stated that the Building Code now requires that they install permanent drains. Ee only has jurisdiction in issuing building permits within the lot itself and this'situation does not happen on every lot. The problem will come at some future time when the drain pipes fill up with silt and Mr. Cyr is intereated in that aspect. Mr. Cyr said that he wants to enforce what is already in the law - that they don't get an Occupancy Permit until everything is done. Mr. Foster cluestioned whether there were enough regulations on the books %o control this. Mr. Nonteiro felt that Mr. Foster has the enforcing ability to which Mr. Foster replied that he is only the enforcing officer in regard to zoning, no% for the PLANNING BOARDe The By-Law requires that they take out a driveway permit, there is nothing to say that it ties in with the occupancy permit. Mr. Cyr's opinion was that it should tie in with everything else on the occupancy permit. Much discussion took place as to whose responsibility it is, etc. The Chairman summar- ized by saying that we will keep ~aing sentences such as in the Great Pond Woodland approval and try to strengthen the langua~ in our Rules & Regs. CHARLES FOSTER- STATUS ~FFLOOD PLAIN zONING/FDOOD HAZARD AREAS: He stated that he has had many inquiries from citizens as to whether or not they would be eligible for Flood Insurance. Mr. Chepulis clarified the terms used - Federal Flood Hazard Areas rather than floodplain zoning. In general terms, the BPWhas to make sure that the piping is so constructed that in case of a flood it will not contaminate what is in the pipes or whatever is in the pipes will not get out into the flood waters. It is in the State Building Code. Mr. Foster asked, if they are not regulations are they resolutions? June 7, 1976 - cent. They are regulations allowing people to apply for the insurance. REPORT: MASS. AERONAUTICS COMM. M~ING - William N. S~lemme: There is a study being done of 8 airports in Mass. including Lawrence. Mr. Salemme showed copies of a synop- sis and rela~ved that noise standards will be drawn up to effect all airports, except Logan. Planning Board responsibility will be to prepare a land use control plan. A committee will be formed by the Selectmen of various Town Boards, a representative of the airport, one citizen and the Selectmen. All committees from ab~tting co~m~,~nities will meet; Selectmen are probably waiting for a recommendation from the PLAIIN1-NG BOARD as to who they designate as a member. Booklet -'~ass. Airport Study Phase I" distrib- uted for Planning Board perusal. The legislation will perhaps take more than a year to ONE LOT ~IVISIONS - Reply from Andover received regarding their specifications. UPDATING OF ZGNING MAP - Mr. Mouteiro made a motion to update the zoning map. To be done by C. Martin for under $'500 with the understanding that he will do the "leg work" on the new subdivision streets. Mr. Lamprey seconded and the vote was unanimous. The BOARD to review before £ina~Isubmittal. LETT~ OF REQUEST I~ROM'ARNOLD SALIS~Y ~OR RE-APPOI~TMENT AS TOWN COUN3E~ - The letter was read and is on file. A motion was made by Mr. Monteiro to favor the appointment of Mr. Salisbury and that the Chairm~n act for the BOARD. If there are any other appli- cants the secretary is to let Mr. Ostherr know prior to the appointment meeting. Mr. Salemme seconded the motion and the vote was unanimous. BOARD OF APPEALS LEGAL NOTICES: Andrew Coffin, Sutton & Columbia Rd. - the legal notice was read and Mr. Chepulis made a motion to advise the Board of Appeals that the PLANNING BOARD has no objection to the granting of the variance in this particular instance. Mr. Lamprey seconded and the vote was unanimous. BOARD 0F APPEALS DECISIONS: The decisions on Gilbert Rea, Earth Removal Permit, and Edward & 01ga Eaton, Use Variance, were read and are on file. The meeting adjourned at 11 P.M. Chairman z~rit z Os!~herr _~_~. ~ Gilda Blacker ock