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HomeMy WebLinkAbout1976-12-20December 20, 1976 Xonda~ Special Meeting The P~.A~h~ING BOARD held a ~pecial Meeting on Mond~ evening, December 20, 1976 at ~:30 P.M. in the Tow~ Office Meeting Room. The following members were present and voting: Fritz Ostherr, Chairman; William Chepulis, Vice-Chai .rrna_n; John J. M~nteiro; and William N. Saleratus, Clerk. DISCUSSION WITH CHIEF DAW RE FIRE HYDRANTS, ACCESS, ETC.: Chairman Ostherr stated that the BOARD thinks about 1 ) accessability of the vehicles in long cul de sacs or strange layouts and try to make sure that the turn-erounds are big enough for 2) water for fire protection and what are the real requirements for hydrants 3) requirement for fire alarms. Chief Daw told the membership that he would like to see a h~Lrant within 250 ft. of any dwelling, the developer could then space his dwellings and have ~00 ft. between hydrants. Gave Salem St. as a perfect example. Also, it is advisable to have a hydrant at the beginning of a subdivision roadway. It was n~ted that this might be a good idea to put it im the Rules & Regs. ~he Chief said that on fire alarms he relies mostly on phone calls. PLA~S NOT REQUI~ING APPROVAL: George Schruender - Lacy St.: (Dan Hogan property) They will put the easement on for wid- ening the roads and had gotten together with Mr. Cyr as far as doing some work on it. Letter read last week from Highway Dept. was read again for its recommendations. In order for Cyr to service the last 5 or 6 lots there would have to be some prmrision for ~arn-~round. A motion was made by Mr. Monteiro to endorse as not requiring approval under subdivision control law a plan of land in North Andover, ]~a. owned by Daniel Hogan, dated Nov. 1976 and revised Dec. 1976. Mr. Sale,,ne seconded and a short dis- cussion followed. Mr. Oyr proposed that they go through Ch. 88 under which a person can make a gift to the Town for a specific purpose through the Bd. of Selectmen. In other words, the developer would give us half. Scott Follansbee had no 'objection as long as it goes to the improvement of this area and stated that after he takes title to the property he would enter into any agreement that Town Counsel works out. Mr. Chepulis mentioned that a letter should be sent to the Building Inspector informing him of the easement. The vote on the motion was unanimous. It is the understanding that in the u~grading of Lacy St. in this area the cost will be split between E & F Builders and the Town of North Andover. North Andover Assoc. - Winter St.: Corrected plane were submitted to the BOARD. A motion was made by Mr. Salem~ and seconded by Mr. Monteiro to endorse the plan of land dated March 23, 1~76 as not requiring approval under subdivision control law. The vote North Andover Assoc. - Foster S~.: Plan of land dated Dec. 7, ~76 showing lots A, B, C located at Boxford Line. It was noted that it is low land. Mr. Chepulis made a m~tion to endorse subject plan as not requiring approval under subdivision control law. Mr. Monteiro seconded and the vote ~as unanimous. Mr. ~elinas then asked if he could have the liberty of putting an easement for drainage on the plan after consulting with Bud Cyr. Signatures were withheld until Mr. Geli~s comes back to the BOARD. SI~N PLANS: GREA? POND WOODLAND AND ~FiNTER HILL - Mr. Salemme reported that all conditions were incorporated from his review of the plans. The Subdivision Control Subcommittee moved and seconded that the plans be so signed. Messers. Chepulis, 0stherr and Saleratus voted in ~avor, Mr. Monteiro opposed. Dec. 20, 1~76 - cont. 1) Lots 13 & 31 - $8,500; 2) ~ranville Lane -$20,000 Letter from G. Fart to Vince ~'urano, Con. Com., dated Dec. 11 was read. Letter from Mr. Cyr to I~_~ANNINO BOARD dated Dec. 20th was read. Mr. Ostherr stated that he would like to hear more elaboration on changing the drainage levels. He personally did not know of any recommendation to change the levels and was almost mortified to see the job that was done - l) where the drainage system comes in under Granville Lane, 2) where the old culvert used ts be under the old railroad Bed and', 3) where the drainage system again ran under Granville Lane which was to be maintained at 109'. l~ecluest was made for the situati°n to be corrected with an engineer's certifi- cation to that effect before the BOARD allows any further work on the subdivision. Mr. 2alemme commented that at the last meeting Mr. Lamprey made a motion to- reconsider the Salem Forest Subdivision approval and it was tabled until tonight. ~nis was pending research of the plan. He felt it was in violation in draining of wetlands. Mr. Cyr stated that he resented anybody making a remark that he. changed the elevation on this subdivision or any other subdivision. I have gone along with extensions of piping, but never elevation. I did speak with Mr. Gelinas' engineers out there but that there would be a minimum of 3' culvert over any and all drainage piping which is Bear minimum standard period. I g~ve no authority for any c~ge in elevation, he said. George Fart stated that he did not have a copy of the Original plan signed by the BOARD, but ~ sure paid alot. Mr. Ostherr told his that his foreman has a copy of it, he showed it to him on the site. He continued, the drainage sYStem you have there now is designed to drain the s~amp and that is the difficulty; many of the roadway elevations are incorrect. Mr. Fart said they had double checked the elevations and the catch basins. Mr. Ostherr - there is no controlled inver~ at elev. 112'o Mr. Farr responded that he has to pay for all of this when he puts a surveyor in the field to check these things and felt that he had complied within reason with what was stipulated on the plan. ~ne Chairman suggested that if the BOARD did act to reoensider the subdivision that the gist of the reconsidera- tion be being satisfied with the drainage and a temporary turn-around. A motion was made by Mr. Chepulis to withdraw approval of the Salem Fores% subdiv.i, sion until such time as the deviations from the approved plan are corrected. Mr. Monteiro seconded and the vote was unanimous. The proper autho.rities should Be notified as to the decision such as the ~own Depts. and the Registrar of Deeds. PROI~E~SIONAL ASSISTANT.' It was determined that the B~ARD would have to go to' the Personnel Board. Charlie Foster told the membership that he had put an Article in to that Board for an Assistant and the ~electmen felt that maybe a Planner would be more he.lpful, or an engineer, to both departments, tie said he planned to pursue his end of it. Mr. Ostherr felt that the engineering factor should Be pertinent. (~OSVENOR AVE. Letter from Atty. Eimball asked for a release of the agreement. The Board decided to send a letter to him stating that at such time as the work is completed the agreement will be released. ~hat is the purpose of the agreement. ~JES~IONNAIRE 01~ ~JTDOOR RECREATION - referred to Bill McE~oy of Recreation Ocamctl. meeting adjourned at 9:15 P.M. Chair~_n~ Fri~z Os%herr Jan;~ry 3, 1977 - Nonda~ Regular ~eeting The PLANNING BOARD held a regular monthly meeting on Monday evening, January 3, 1977 at 7:30 P.M. in the Town Office Meeting Room. The following members were present and voting: William Chepulis, Vice-Chairman; William N. Saleratus, Clerk; John J. Nonteiro; and Paul R. Lamprey. PLANS NOT REQUIRIN~ APPROVAL: 1. NORTH ANDOVER ASSOCIATES - Foster St.: N~. Cyr advised that there is no culvert in- volved and confirmed Frank Gelinas' information. BOARD had already discussed the plan at the Dec. 2Otb meeting. 2. DAVID ZALOGA - Turtle Lame: consensus of the BOARD is that this has happened all too often and looks like it w~s planned this w~y. Revised plan of land owned by D. d~ted Nov. 1, 1976. There ,w~s a question about Lot SA, Nr. Ch~pulis felt that whoever owns Lot 6 should be noted. Nr. Nonteiro made a motion to take the matter under advise- sent and reqwAest that Nr. Turtle & Mr. Gelinas appear before the Board. Mr. Saleratus seconded. The BOARD noted that there was not enough $ime left to wait for that. Mr. Monteiro and Mr. Salemme withdrew the~otion and second. Mr. Monteiro then made a m~tion to deny the endorsement because in the opinion of the PLANNING BOARD it constitutes a subdivision. The motion received no second. Another motion Was made by Mr. Nc~teiro to endorse the plan stated above as no~ req~iring approval under subdivision control law. Nr. Saleratus seconded and the vote Was unanimous. 3. ~COTT NELSC~ - Union S~.: Henry Hyder, Esq. appeared for ~. Nels~ ~d e~la~ed ~ ~ 1923 ~his pl~ ~s ~oo~ed with the Regis~ of ~eds as 1~ 5 & 6 ~d ~ 2~ f~. right of w~ going in~o the ~ ~d. ~ the ye~s, lot 5 ~th the righ~ of ~y ~s joined ~o ~e ~he Nelson piece of 8,7~ ~. ~ 1957, the ~e o~er, Ro~s, deeded ~o the predecessor of Ko, ce this b~d ~A strip which ~s e~one~s because i~ ~ alrea~ been deeded ~. For le~ ~oses, ~he Nels~ lot is the leal ~e. ~. Nelson ~d ~. Ko2ce ~ve ~eed ~ Nelson w~ld b~ 5,315 ft. so 2~t ~ deeds c~ be corrected. ~. Chepulis mentioned $~ this pl~ does not show ~ba~, i~ shows 4 lots ~ste~. ~e B~ prefe~ed ~o ~ve ~he pl~ show just ~he 2 lo~s ~2h a sta~em~ of w~ ~hey ~tend ~o do ~h the 5,~15 ~. p~el. The applic~ ~11 c~e ~ok ~ J~. 17, 1~7. DECISIOn: ~ALGAR E~TATES - Mr. Nonteiro asked Atty. Willis to update the BOARD on what happened at the meeting on the drainage. Nr. Willis stated that they had aec on Tmesday, Dec. 21st, Nessers Cyr, Ostherr and Gelinas were present. Gelinas submitted the entire hydrant scheme, flow. Nr. Cyr made a small request changing the pipe on the split down to Andover ~t. from 18" to 18". Mr. Cyr Samd this is to minimize the Water problem in that area. Discussion took place regarding Tolland & Berkeley as to whether or not they should be one-way, town services, etc. Cyr felt if they ~could not be opened up they shottld be tied together. Willis said they will provide access and egress out Berkeley but their utilities will end at their property line. Mr. Chepulis read Cyr's letter dated Jan. 3, 1977 and letter is on file. Re Becky's Pond: Mr. Willis stated that his h~ydrant engineer said that this drainage scheme will no~ create aUy more problems at the Pond. Assuming, he asked, that this developer does the deepening of the Pond what would the liability of the developer be if someone drowned? They had no objection to Mr. Cyr taking the fill out and using it and the BP~ maintaining it. He advised a combined effort. Nr. Willis felt that on a cooper- ative effort some2hing could be worked out but wanted ~o see some figures. Mr. Chepulis requested authority to take up the matter of the decision en the 17th. Willis said he would approve this in writing. Jan. 3, ~977 - cont. Legal Notice fro~ the Conser~atioa Cmissim was read and is on file. PROPESSIONAL A3SISTANT: William Salemme and ~illiam Chepulis will appear before the Personnel' Board on Jan. 5. BUDGET: Mr. Nonteiro made a motion to refer it to the Adminietrative Subcommittee. Mr. Lamprey seconded and the vote wa~ unanimous, SAI~ PORE~T: Release of Road Bond - le2ter of recommendation ~rem the Highway Surveyor approving release of $20,000. Mr. Lamprey brought out the fact that it may not be able to be done due to the fact that the BOARD has rescinded the approval. The Building Inspector maid the request was maple before. Mr. Salemme reminded the BOARD thai the motion was m~de to reconsider the subdivision on Dec. 13th, the week prior, and tabled at such time for a~y add/tional reasons by unanimous vote. The matter was tabled until Jan 17th with certification from Highway ~arveyor ~hat road work was done prior to rescinding the approval. BOARD OF APPEALS LEGAL NOTICES: A. Devine - reo,-m~,~-~nd disapproval because it creates 2 variances on 2 lots which is a bad precedent. C. Ik~llivan - it is strictly a Board of Appeals decision but it was noted that there has been an abundance of %him type of variauoe lately. The meeting adjouzmed at 12 midnight. Chairman Pritz Os%he~ Oilda Blacker ook