HomeMy WebLinkAbout1976-08-16regular Meetin~
~.f,_~e I~oetin~ Room.
~u! voting: ~+" ~%her~, Chairm~n~ ~-fi!lizm Chepulis, Vice-Chgirm~; Jo~ J. I.~on~eiro~
Clerk; Paul ~. Lamprey sm~ W~lligm ~. Salem~e,
There ~.:ere 15 ''~'-' ~"
,1~1~O~ ~ preaent.
!'IP!~ !~LL E;TA~ - N. A. Acsociales: Th_e Clerk read the local notice. Richard
Perkinn and Fr~k C. ~!ings repre~en2ed %he pe2i2~oner. ~.~. Perkins, one of
of !he properIy, told the BOARD %hat ;he key poinl on these definitive plans was %o
comply wi~h all rc~alalion~ a,s ~hcy presently ex;si. ~ior to ikis m~miital,
~.~orked wi~h ever~- one of %he re!~ive boards in p~icu!~r, 4he P~IG DOAF~, Con-
~e~a%~on Commission, ~o~rcl of !!esl%h, Hi3hraI Su~zelor. ~ey zrc pl~ninC both the
frontage lots %pd bgo%~ lots as one over%fl pl~n, rather than using ~orm A'r. ~ze
cPi%erie se% up was %o ens~.re %h3.% the particular piece of lo~d would be most attrac-
tive, a natural site and tried net to dist.~b the ~errain as best they c~%!d, provide
~me. inage protection ~d are prepp~re~ to g'ive easements to %he To?m ~% ~he time
the property is su~iv~ded ~o prenervc ~he wa%er ways, prese~zed tho d~m on Win%er
3.n~ created a pond, ~sically maintaining ~he flow of ~-off a~d wa%er s%orage capacity.
~.ey will bring in Tow wa%er. ~ compliance wi~h %he Conservation Com.zission's re.est,
%hey are dedicating 2 lots for a neighborhood park. ~o area is zoned at one h~se per
acre ~d %he overall dens;ti is 1.3 acres per h~se ~ot. ~ey have o%~ed the property
since ~70 and hmve sold 20 parcels for home building; ~keir e~eo%a~ion is ~o work
%';;th %he local ~ailders znd to%.~speople in selling the lots.
Prank Gelinas, Engineer for - =
p~o~ect~ ~tated that the site lies on Winter St. near the
intersection of Foster St. The proposal is for 54 lots on gppro~im~ely 85 gores of
land %o include 6~00 ft. of resting,ay which is within the specifications of the To'~. ~m
n,, wa~r ~ ~':ill b~' - ~n ' ~ ~ ~'"
............ zn~_~ To?~ wa%er from ~'Iintar ~.°~ ~e site zs c~r~cter_,~e~ by
_~cL is accom~ted by a
ridges ~ing south %o north perpendicular to ~in~er,~.~* ~ ' '
!ov~!~ud gte5 ~ '~ r~jor feeder to '~ ~ ~o the
rid. Eec. They h~ ..... pre~crvcd *~-~.,~ cu~ and fi~.~ other %Y~u where ~he brook co.~-~'~zno~ ~re.
in +he p~t, they in~end lo ~co~%z~.c~ t]le me~dow ~.~i~h a d&m and %he pond created
will ~e~. surrotmded ~y a mini-park for .... ~r~on.4' Irc. ikon e zpl~lnea~ - ' ' cke~uges in r~-off
p~a:. year n%orms. ~o ~enzi%y is 1.33 acres per ~it, ~ne common ~..~z~
av~i!~%le, the roads rare moro th~ ade$~ate to cmrry this kind of density.
?oxfcr4[ Po~%e~' ~%. P. ni from ~%le ~i. g~on~ Uinter ~. Tkc subdivi~,ion vri]! have on-
c.:u~s.3 of ....... ti e].~ hi'j~ ~,~,~,on. T~c soil is jl~-i%~ iill~ %orderirf on
prob!am of %raffia on nnla.~ ~.~ !~. C~-~:'~ zaid th:;~ ~i~,.~ ~ in no -r~,,~ ~-~eu].d m~,]cc
monoU ~. .... %car. cpen~ on %bi.s par%ion of Uinier ~. %o ~e%. i~ in~o t~.~ .nrecen~-- c.o~
"~. ..... fei% %h~t more e~..~,n~_,~ ,~ ~'
._ ~a~ ~' ~''~ ~ho'~]? ~s put on oO~l~o our v:a~r e~cndel %eloPe
~,ap~.~l, ;hough% that !here zhor!d be no reason ¥;hy %ha dave].oper~ ~o not
Gelinac ¢:?!ain~ ecolsjical chanies raEardinJ t~e mop?ow, par~c, pond, oulfat]
s%~c%uro. ~e2* ~,re keopin~ %he o!~-:~%i~n ch:tracter~ic:: on ~le d~n 2o r~w flare
of ~bou% 5 foe%~ ~nd %hey hgve withhel~ submitting Form A's ~o ~ho D0_?~ %eeanse of
thi-. I4 will ~,ll %oc0mo par~ of ~hc covenant on %he subdivision.
O_ POSI_zC-,:
~oards and fo!% ~ha.% ~hc PLTJ~G mOA~D shovT, d ]mgin enforcing drain-,Ce ~nd o%hcr
from ~he Hig~.rzy ~a~reyor d~ed Jan. !f (re prelimina~~ 21:-.n) and q~c~ 15 were rea~.
~[r. ]~m!teiro requas:~e~ a ~wo del e::Sencion from the dcve!oper in ordor ~ha~ 2hey
cquSy 2he dam ~efore making a gecision. ~[r. Perkins agreed. More discussion ensued
regarding ca, ch basins and 2heir p!acomen~, 2he drainp~ge easement on Lo~s 8 &'~9 (Winter
~.) .,or.h Annoyer Assoc. woful._.~.~=~ .~L~ re.aerobic, of ~he fee tmSit over, hAng is
~hen i~ would be deeded 2o 2he To~m. ~%~. Perkins referred ~o ~. OL~'s re$~es~ for
2he drainage 2o come m~ ~o Winter S~. and a~eed 2o do ~hi~, I~. MonSeiro asked
ge!Arias if he f~nd ~y problems wish 2he dam - abm~lttSely none ~d i2 will provide
excellent service ~o 2he eoo!o~. The Chairm~n then asked ;M. Perkins if he would
willin~ ~o ~mn2 lhe 20.~RD a 5 day e::~ension on 2he 60 day re~irement ~d 2hey would
2~:e action on 2he first meeSinff of September. ~[r. Oe!inas resues~ed a meeling during
that period of 2ime with ~hc tuh~_ivision ~on%rol ~boommitSee. ~. L~prey then ~ge
mo%ion ~o .~m,%~.,ue ~he public '~ ,~'~- ''' ~ 1~ ~ '3n " " ' '
an! ~he vote wa~ ~manincus. ~. Per~cin:~ oomnen~cd 2ha~ z con¢inz~a~ior_ was ~n
re~e st.
U, inutcs: By motion of~."~. I.'on%ciro ....... ~' ceco:~f~ ~,~ I~. LamprcU tko mAny_tom of g,/7 ~"
~//2!/7~ were approved°
- ~a~n ,.~. ~c ............. .. ~ir. Coffin e=~L.zne~-.m-*..,~,~ -,~.~ om~rse of
not ~-ui~iuc
fmnic P. Coffin,
47 i~ mmed~ by il~. TM .... '~ 0ztkcrr ...... * ....... ~ ~+~ "~'
concern alas. "~. Ckep'z!is - r'~' kAz .... '~ %hG C~C-t ~"~ ~C -2!m~s would ........
oppcco:t.
~ ~o:'forr~ ~.: ~ ~; .... ~u._ ~, :. ~ .... ~.~ g,_ ...... ~'~' "~ '
~-J da~eS ~z~,~2 ~7~ ~howin~ lots ,~ P.
........ ~ ...... ~ .~ ~r. ~hepu]i~ ~cconded ~m~ %~e vo~e
~. ~-PPL%~,O°E ASSOCIATES - qm:drm Lsme: Plan dated July
~97<. · .~ _ .
. 7~or ~a~em, ~; r~presen~ed ~ho ap~licnn% and ~a~ed ~!'~ this proposal w~ld
be u ~ch beSter way of .... '
preen_ 7~n~ the ponds; it complie~ with frontage, are~ ~ud sorting
in subdivision son%re! re~!~%~on, mhc only chance ~h~t
a,,~. -· cmse~aen~ %o provide for -e..d~I..~ ejector pump. ~e "wa?' ic approved %j the
PT'~*'tT~T~ ~D ~n~ra L~ne
C:. C~!__~ .... {orman ~ ":ittornej
~haz:?, for ~'c. Scgal, an abutter, asked if thc 20
...... .......... ~c~2 on Lot 33 was intended for accesc onto Lot ~° ..... - yes. ~L~. m ...... ~. didu't feel
u ..... e._~ .... creating access 2o Lot 32 aside from the ~.ececc on a. ou%lic way.
.......- , - ..... . .... ~ne road %ac?: z..~"-~ i~::'
....... ~ .......... ~ui:-,~re ~. Ui-. Ci'.apr.!it un:ka~ if tlc e:-,cemcnt
" : .............. "' _'~t" ;.'o ...... ~% ......... ~-,~ L~ ?~ ~ ........ " ?c
...... ~ ..... ~ ~ 2111211 ~'~
~o~ ...... , .... ~;~ ~ .--~$+.-~ ~, .... i;oltl~ ~i','c ~'~ ........... +t ~, ~01~1 ..... ~ WOII!~! 1i0%
tkc. L._~-'"~'~ ~hz't :. '-~-~..~" + of .... .... i~_ .. ' ...... c~. ~--~' ........... ?~ .....
~ . wi .., L.LI C2. LC/~J'ii~. ~ ......... ~ ~.~' ~ ~ ~ ~._~.~ O1%
To~.~ wi%%.ur~cir;c!j +~'~. ............. .... ~ 2~'iizE "u~ '~"'-~_ ..... workcn ......... e/1 for ~"°-'-~-, · w~ .......... 5.m.r ~-.
~- t"',*_~., yov &on'i c--~ ....... ~-t~+..,, thn ....... ]~" :.'.j.t .i~ '~"~ .... ,..,".~ ?,~%orne'-~ ~2 ..... i-d bc~or~
~ VOr~: n~ +'-,~ ~o%i~ ....... ~,:' folio:w: ~'~ ...... m ~--,,1~ 9~1~-~,-, L~n'~r~-- -nn Non%eir~
TJRTLE HILL D~INITIVE PLAN RECISION:
The pu~lio hea~in~ w~s held on A~s~ 2, ~976 and ~he su~di~isio~ ~n~rol s%lBoo~mi~%ee
made a si%e review on a couple of oooasions. I~ Shen made a motion to approve ~he
subdivision subjec~ ~o requiremen%s of ~he Highway Surveyor - ch~_~ging %he drainage
Aua~st ~6, ~9~6 - cou%o
~ inside the trees and a~ross the Vounessea land . [t was noted that the main dis-
oussion on this property h~d been about the drainage problem. A letter from ~r. Cyr
d~ted August ~ was read as were the recommendations from the Board of Health, Fire
Dept. and Police Depto There w~s no reply fr~ the Board of Public Works. The drain-
&~e problem alluded to in l/r. C]rr's letter was in re6~rd to a division of a watershed.
~ro C~r o~mented that if %here was any problem downstream it should be the burden of
the developer. Mr. Monteiro asked Mro Turtle, the developer, if he objected to Hr.
Cyrts sub,es%ions - he replied that he would try to cooperate in any way possible~-and
that he did m~ke an error in not speaking to Hr. Vounessea about th~s earlier. )ir°
]~onteiro then asked Hr. ~elinae, engineer, if he felt Cyr's reco~nend~tions were well
qu~lified - he felt he had spent quite a bit of time on %he watershed characteristics
at the public hearing° ge mentioned the previous owner and the hU~e swale m~de in the
impoundment area. ]~ro Gelinas /kit%her 2t~ted that he had no% altered the watershed
characteristics or either impoundment area° Mr. Cyr said that the contours were not
accutax%e; 'Mr,--itelinae said %he drainage characteristics off this land wiI1 neither enhance
nor de,rads wha% is alrea~ there. Dr. ~aurer interjected that there has Been signiffi-
cant fillin~ all alon~ that road and the BOAI~ would be deluding itself to think it
could Be reverted to its ori~inal condition. Hr. Vounesssa stated that the culverts
along ~alem St. were not adequate and that he would ~ve Mr. Turtle an easement. The
usautl conditions re~arding surety or covenant, construction improvements, adherence to
the ~ules & Re&s, all water mains shall Be installed in accordance with the BPW stand-
ards, all hydrants shall Be in accordance with the Board of F~re En6~neers, street pave-
ments and surface draina6e ~n accordance with the ~/ghway Surveyor's recommendations.
Mr. Oyr requested a further condition stating that during the construction phase, %he
developer will be responsible for downstream d~aina~e. Mr. Men%sire a~Teed. Hr. Lamp-
rey brought up the fact that in our ~ules & Regs. there is a requirement that seepage
tests be done by a re~stered engineer, not to question Mr. Ba~Ba~allo's qualifications.
The BOARD went alon~ with the above sub&ss%ion By Mr. Cyr as a condition. Mr. ~elinas
rebutted Hr. Lamprey's statement with the fact that these pert tests are taken during
the preliminary stye and would expect the registered sanitarians to take up their =~n
cause.' He was asked if he would be willin~ to volunteer that on future definitive plans
a re~stered engineer e~gn off on these pete tests - he told the BOARD %hat he would
advise his clients of %heir request.
The usual BOAKD ~ HFALTH requirement was included as a oondi~ion.
The VOTE on the above conditions was unanimous.
Cg~TER SULLITAN - SAL~ ~ARDENS: Request for Bond Release of $2,000 was ~anted upon
a mo%ion ~y ~. MonSeiro and second by Mr. Lamprey. Hr. Cyr to come in with a final
repo~t. Mr. Ohepulis amended Mr. Mon%eiro's motion as follows: approval be withheld
pending confirmation by the Highway Surveyor of completion of work. If any work is
remaining a nominal amount shall be retained for this purpose. Mr. Lamprey seconded.
The Chairman was authorized to sign the Bond release for $2,000 provided that the work
is completed to Hr. Cyr's satisfaction. The vote was unanimous.
~,~,~ FC~EST - Request for Release on Granville Lane, Lots 13 & ~,1= letter from BPW
dated July 28 and letter from Highway Surveyor dated August ~6 was read. Hr. Chepulis
noted %hat the BOARD would be releasing 2 lots not covered by the bond which would re-
quire $8~00 security. Mr. ,Parr ~s advised %o give the BOARD a bank passbook in that
amount, A motion was made by Mr. Chepulie to authorize the Chairma~ to release Lots 13
and 3~ upon receipt of the security. Mr. ~alemme seconded and the vote was unanimous.
Mich_~el Au&sloro - Linden Ave. Mr. Angeloro was represented by Ja~ Willis,who stated
%hat ~hey were before the BOARD at the request of Mr. Monteiro. Mr. Willis gave the
history of the lots - Hr. Fortin bought lots 3, ~, & ~ in ~905; in ~9~8 he broke these
properties up and deeded ~/2 of ~ & ~ to his son into acceptable lots at that time.
August 16, 1~76 - sent.
In 19~1 She son died and She daughter deeded iS back. Lot 3 and 1/~ of 4 was Boughs by
Angeloro in 1973 and another attorney says these lots cannot Be conveyed Because they
mae under one ownership; Nr. Angeloro is going So be under severe financial hardship
if he hms to wait out aa appeal period with the Board of Appeals. His ~aggestien was
to put a plan together showing Lots 3, 4 & 5 together by deed in 1948 and bring in for
signatures as nos requiring approval under subdivision c~ntrOl law. Nr. Ostherr asked
if, when acquired, was the property a Form A - no, it wac only established by deed. The
lot is 75 X 106 ft. Hr. Ostherr felt $hmt they. could bring in a plan showing the oom-
binin~ of 2 lots as Ln accordance with Town Counsel's most reoont interpretation. Nr.
Lamprey felt Shere would Be no problem so long as there was a notation on the plan, "for
recording purposes only". The advice of the BOARD was to prepare a plan of the lot under
Sec. 6.8 (1) of the Zoning By-L~w with the notation on the Form A.
Norm Lampert- Johnson Circle: Mr. Lamp~ discussed hie dratna~ problem citing that
the water runs do~n the street into the electrical Box, misses all the c~toh basins on
the street, Builds up through the meter and down into hie Basement. Hr. Oyr stated thaS
he ~ Beau over this with the developer and he knows what to do So correct it. So far
nothing h~$ Been done. Hr. Lampel% showed a plan. of the street and told the BOAP~ that
the road is disintegrating. The BOARD suggested thaSa leSSer be wriSten to Hr. ~affny,
with a copy to John Willis, Sr., advising Shat in our routine review which was prompted
By a resident ts concern iS has been brought to our attention Shat the surface dr~ina~
is posing a severe safety hazard aud inquire wh_a_S he plans are for correcting this pro-
blem. Also, we note an $84,000 performance bond still remaining and would expect work
to be completed in accordance with the Highway Surveyor's recommendations By Out. 1,
1976.
The m~eting ~djourned at ~:3o P.N.
~h~irma~
(Fritz Ostherr)
{ ~ildm Blackstock)