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HomeMy WebLinkAbout1976-09-20September 20, 1976- Mon. Special Meeting The PLANNING BOARD held a Special Meeting on Monday evening, September 20, 1976 at 7:30 P.M. in the Highway Surveyor's Office. The following members were present and voting.' Fritz Oetherr, Chairman; John J. Monteiro, Clerk; Paul R. Lamprey and William N. Salemme'. Mr. Chepulis arrived late due to a prior committment. The Chairman told the Board about the fact that the Selectmen had decided to move our present office upstairs. Mr. Ostherr voiced concern about not bei~ moved until the consulting firm has completed its study but h~d talked to Mrs. Letarte,~ Secretary to the Selectmen, who informed h~m that Charlie Foster had been asking for more office space and the office upstairs wmuld certainly be larger. They pondered whether or not to Call the Be&ectmen or Send a representative to the Town Building: Mr. Lamprey felt that we had made it clear that it was not important that we be with Mr. Foster in an office. Mr. Ostherr did not like the idea of our files being in the copy and "coffee# room for public access. The BOARD noted that it would have been courteous if the Selectmen had sent a letter inform- ing of what was happening.' Mr. Monteiro added, that primarily we should take care of our own BOARD and not have to argue anybody else's position. The BOARD repea~ed that we should be near the meeting room and felt that we could take over Mr. Foster's office in order to free the Meeting Room. Mr. 0etherr then called the 'Se&eetmen reiterating these feelings. APPT.k~0RE ASSOC. - Request for Bcrnd Release~ letter from Atty. Harem was read, Mr. La~prey made a motion to forward a copy of the letter to Board of Public Works and Highway S~trveyor t~ solicit their comments. Mr. Saleratus seconded and the vote was unanimous. Mr. Cyr commented that he never did believe in the retention ponds and sluiceways and the whole thing will have to be gone over in detail. ANTHONY I~TA PLANS: Mr. Forests presented a plan to the BOARD of the proposed site. In addition t$ what was shown on the plan they have picked up more land. There are 4 building lots with all frontage on Dale ~t. via a pr&vate road and explained the plan fttrther. It would seem, said Mr. Ostherr, that it would be a wise thing to protect the owners of each of the properties and if our BOAP~ felt inclined to do so to require them to put in a road that meets minimum standards and treat the houses on that roadway as Form A lots. Mr. Monteiro felt that someday this would create problems for the Town, and we should have some type of protection. Mr. Forests told the BOARD that they plan to put in a reasmnable roadway, but not up to today's standards. Mr. O~therr suggested that it be treated as a subdivision for Foresta's own protection and make whatever relaxations from our Rules as are required.~Nr. Lamprey felt that the BOARD would need a covenant because of the fact that someone else may come in with the same thing and sell off the lots. Mr. Foeesta said he would go along with anything Bud Cyr had to say. In this ease the drainage wonld..be off the street because the street would be high. Mr. Cyr said that this is against the principle that he has been striving for, I wanted to tie the whole thing through with the o~h. er subdivision (Great Pond Woodland). ~ire proteCtion was cussed and would have to~entioned to the Chief. Mr. Cyr felt that the idea was good but that it would show up later by someone else where the situation was not the same. A motion was made by Mr. Monteiro to take the matter under advisement with the possibility~ of a meeting in the near ~uture to include the Highway Surveyor and BPW. Mr. Lamprey seconded. More discussion - Mr. Ostherr thought it preferable to recognize it as a ~-lot sub,division and make adjustmants to that. Mr. Foresta said the only way they could recoup the costs on this would be to sell off 1 or 2 lots. Mr. Lamprey advised him to see the Fire Dept. and insurance company about protection, there are ways they can pump from a pond area. Mr. Turtle mentioned a by-law in the Town of Lincoln which refers to a '~ninor road" which gives the Board the power to w~ive certain things to preserve open space, Sept. 20, 1976 - cont. encourages builders or owners to build a lesser number of lots. He offered to get a copy for the BOARD, if desired~ and added that these roads are totally private, no ~own services, ~EON~E PARR - Request for Partial Bond Release (~alem Forest): BP~:letter was read stating the water supply is in conform~ce for part under bond; letter is on file. A motion was made by Mr. Mon%eiro to release $30,000 and Mr. Lamprey seconded. After a discussic~ the decision was unanimous. During the discussion, Mr. Oyr brought the point that the electric was run on the same side as the water and felt it was poor planning. Mr. Bo~gesi said they should stay 10 ft. awa~ from ~he water main but he (Cyr) didn't think they did. A letter is to be send to Mr. Fart with copy to Mass. Electric stating that the electric service is not to the Rules & Regs. of the Planning Board and will not be approved and if the condition is not corrected by the electric company a portion ofthe bond will be reserved for this purpose. ~en 0sgood commented that he did not think ~eorge Farr should be responsible for what the electric company did. SCO~ PROPER?IES - Request for Bond Release (Willow Ridge): Requested release of $20,000 per mox~tgage bond; Mr. Cyr approved release of $7,500. ~he developer to send in request on the proper form. Mr. Nonteiro made a motion to release $7,500 subject to the receipt of the proper form. Mr~ Lamprey seconded and the vote was unanimous · Scott Foll~nsbee, developer, told BOARD that a $7,500 release was not going to help very much; it is ridiculous on my part, he sai~, to increase the bond to give the Town additional security and not get a substantial amount released· He was advised to ask for the amount yet to be completed. TURTLE HILL - Submission of Covenant and Bond: Mr. ~uttle, developer, told BOARD members that he had had the easements put on the plan. ~he BOAP~D signed the plans after review. A motion was made by Mr. Monteiro to accept the covenant, release of covenant and bond in the amount of $~2,000 on the Turtle ~ill subdivision. Mr. S~lemene seconded and the vote ~as urla~imous, Report from Member Salemme on LEAGUE OF WOME~ VO~ERS M~IN~.- He notified the League that they could not use our letterhead under any circumstances and suggested that they contac~ the Selectmen about using the Town seal. ~he Natural Resources Inventory is in 4 phases and they are in the second phase now which includes coding a map to the different uses at present. It was noted that this is a duplicate of the same process that will be taken up on ~hursday by the ~VPC. Mr. Ostherr ~quired about the visual quality study and Mr. Saleratus commented ~hat traditionally the Planning Board does not comment on structural types of things. A letter to'be sent to Mrs. ~eis Simmonds com- mending the League's prc~ress and requesting review ~y ]~OARD of ~ reports prior to their release or publication. Board Discussion/Comments: ~0NIN~ MAP.. Mr. Ostherr commented on a good job and n~ted that i~ should be done periodically to keep things current. He suggested that each member review the revised map and report at the meetin~ on the 27th. Mr. Monteiro made a motion to this effect and Mr. Lamprey seconded. Vote was unanimous. LE~ FROM LEON ASADOORIAN RE WORE ON C~ESTNU? ST'. The letter was read and is on fAle. Mr. Ostherr asked Mr. C~ if the Planning Board should get involved and Mr. replied, no. Ben Osgood said the whole matter is unfair, we spent $6~,000 in there. Our attitude is very simple, if it drags through the winter it will be on the ~own. Sept. 20, 1976 - cont. We will spend an additional $5,500 and that is itS it was an agreement'in which every- body committed themselves to something and nobody did anything but the developer. Nr. Cyr told his side of the story regarding the agreement of drainage and gravel to be supplied by the developer, then we got into the sewer and piece cf road between Chestnut and Hillside and Greenwood's driveway. It was 'agreed that this piece of road would be put back and it was never done. Then the piece of road from Greenwood's drive- way toWesley St. is another issue because the gravel and drainage are not adequate. He stated that the Town had more than lived up to its part of the bargain. As far as I am concerned, the road will be left through~at the winter, next summer and next winter, said Oyr. MY objective is ~o go ~Zore Town Meeting to ~et a by-law to s~op %~is sort of thing. Arguing ensued between Cyr and Osgood. Mr. Ostherrasked if there would be any advantage of gstting this cleared up before winter - Mr. Cyr recalled the meeting in his office a~which the developer was given 6Od aye to complete the work. ~2~VIR~L INTI~NPROGRAM: Notice was received frem Brian Sullivan, Adm. Ass't, regarding persons available in various areas who would have to work under supervision because they are not professionals. The BOARD did not see much hope for utilizing this service at this time. John Monteiro submitted some job descriptions on Planners~ Mr. Lamprey suggested having a job description ready for Town Meeting. Mr. Osthe~r felt that all had a different idea of what was needed and should sit down to discuss the issue in order to resolve this. Charles Foster, B.I., asked if there were any funds available through the MVPC for help in this area. No, but one can contract with them for specific types of planning. He felt it wouldbe justified because of Ch. 808. Mr. Lamprey interjected that if you hire through the MVPCyouhave no choice as to who you get. Mr. Ostherr brought out that a civil engineer may be a better choice. Much discussion followed along the same vein. Mr. Salemme volunteered to make a job description/outline for the next meeting. PROPOSAL F0~WATERQUALITYS~JDY: Received from the Lake ¢ochichewiok Study Committee. The consensus wasthat repe~ts come in from this Committee that no one knows anything about. Asked the BPW to meet with the BOARD next week to discuss their ree°~mendations for the mouitoringprogram. AER0~AUTICS CO~MIS$IO~ LETTES: Re constructioa around Airport - Letter $o be send to Crocker Snow reminding him of Planning Board recommendation made 12years ago that the only true way for the Airpor~ Commission to protect the area is to purchase it. TROMBLY REZONING PETITION: Mr. Ostherr said that he was under the impression that they had General Bmsinese frontage on the by-pass, but the plan does not show this. Right now Mr. Trombly is driving his busses over resident&al land. Charles Foster spoke stating that at the time he did that it was under the old zoning and did not require a special permits you could extend the zone 30 or 35 ft. at the time he buil~ the garage. ,Mr. Ostherr mentioned that he is still using access over Merrimack College land and is in violation of the Zoning By-Law. Mr. Foster corrected him in that it was to industrial land and not GB in the by-law. Mr. Monteiro made a motion to recommend favorable action at any upcoming Town Meeting of the proposed rezoning article as recorded at our hearing on Sept. 13, 1976. Mr. Chepulis seconded and the vote was as follows: 4 members in favor; Mr. Lamprey opposed. It was mentioned that a condition of the recommendation should be that a drainage easement for the brook be granted to the Town as rec~uested by Mr. Cyr. Mr. Chepulis felt it should be negotiated but that it couldn't be a condition of the recommendation because it sounds like contraotural zoning. Mr. M~nteiro made a motion to reconsider his motiou. Mr. Lamprey seconded and the vote was unanimous. He then amended his motion to request a 20 foot easement (drainage) on the brock that runs roughly parallel to the lot line and crosses the Andover town line. Mr. Lamprey seconded, Mr. Lamprey wanted to clarify his feelings by s~ating that a bus garage should be Sept. 20, 1976 - cont. completely surrounded by an IndustrAA1 Zone and not a residential area. Mr. Monteiro felt it was a hardship to %he %ransporta~ion facilities in the Greater Lawrence area. Mr. Lamprey did not agree. The vote on the amended motion to rec~nd affirmative action to the Town provided that a drainage easement is granted on the brook that runs across the Andover was as follows: Messers. 0hepulis, Monteiro and Salemme in favor; Mr. Lamprey opposed; Mr. 0stherr abstained. Motion carried. SCB~JLE ~ FALL M~-TINQS: A discussion took place as to what would be accomplished this fall and how many meetings per month should be held. Mr. Chepulis felt the BOARD should n~t allow walk-in service - should schedule 2 meetings and a 3rd for anything special. The BOARD decision was to meet the 1st and 3rd Mondays per month with a special meeting when the need arises. The meeting adjourned at 11 P.M. Chairman .Frit z 0etherr )  cr~tary (Oilda Blacks~ock)