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1979-04-02April 2, 1979 - Monday EXECUTIVE SESSION An Executive Session was held between the BOARD OF HEALTH and PLANNING BOARD on Monday evening, April 2, 1979 at 6:45 P.M. in the Planning Board Office. The following were present: Dr. Kay, George Caron and Edward Scanlon - Board of Health; William Chepulis, Joyce A. DiTore and John J. Monteiro - Planning Board; Town Counsel was present on an unofficial basis. The discussion was re the Town Planner/Sanitary Engineer position about which Mr. Caron stated that Tom Murphy, psat-time employee of Bd. cf Health, is available to go into the courts and did nog see why the Advisory Board should refuse the Bd. of Health $350 a month when we have a 5 million dollar law suit before the To~n. Town Counsel stated that it is a whole different q~estion from providing somebody go do the duties of subsurface disposal system inspections. The Town voted to give you the money to cover that type of person, he said, and the Advisory Board feels it would be circumventing the vote of the Town. In light of the voge your action was imprope~$ if you could nog get a person to do this, you should nog have hired anyone. Mr. Chepulis stated that no one has disagreed that there ehould not be a training period; the only argument the Advisory gave was that last year the Bd. of Healgh had an expense budget, this year ghey don't. Dr. Kay gold those present that he had explained go the Advisory Board that they would nog be pugging an article before Town Meeting because of the Planning Board going for a Town Planner and felt that a position for both boards would never be funded. He then suggested to the Ad. Bal. that they go for a budget igem bug as it turned oug they have to go monthly for money for Tom Murphy's compensation. Mr. Scanlon commented that the Planning Board's problem is to convince the Selectmen that they need ghat young lady. Mr. Chepulis re~ied that the problem is to convince the Advisory Board, it is not the Selectmen's problem. Following a heated outbursg with the secretary, Mr. Scanlon exited. Dr. Say felt that they could get around ghe situation because it is an emergency and will try go convince the Selectmen to sign the Warrant for Ms. St. Pierre's payroll because we put the Planning Board on the hook due to "y letter, which may or may not have been appropriate, and the need for Tom Murphy because there are some things she (St. Pierre) cannot do. He a~lded, that he would also convince the Advisory Board go pay Murphy. Ail agreed to this solution. The meeging adjourned at 7:30 P.M. Secretary [_ April 2, 1979 - Monday Regular Nesting The PLANNING BOARD held a regular monthly meeting on Monday evening, April 2, ~979 at 7:30 P.M. in the Selectmen's Office. The following members were present and voting: William Chepulis, Chairman; John J. Nonteiro, Vice-Chairman; Joyce A. DiTore. The meeting opened at 7:50 P.M. PUBLIC HEARINGS: Motion made by Mr. Monteiro to adjourn meetingand reconvene at the Fire Station due to the large crowd. Mrs. DiTore seconded and vote was unanimous. 1 - ZONING: OSGOOD ST. - the Clerk read the legal notice; Jay Willis represented Rose Clements, et al; he presented a plot plan and a proposed finished use of the property, did not have a plan of land showing sketch of plot and dimensions; located at 245 Osgood St., across from Police Station; explained that Mrs. Clements is the present owner who has run a minimal care type of nursing home, no longer practical in that location; Mike Kellan and Tony Cantons have a purchase and sales agreement and would like to use it as a professional office building; petitioning to re-zone from R-4 to B-1 which is a fairly restricted use; 4 professional offices; an inroad on the right hand side, parking behind with exit on the left band side; presently some shrubbery and trees for screening the parking and will plant mor~ where needed; the old use is no longer viable because restrictions are prohibitive for that small a building; they feel commercial use is best; although it is located in a residential area the police station and a school are right across the street; they will pay real estate taxes but will not be generating any added burdens on the community; exit will not be anymore dangerous than it already is; similar in character to other areas in town that zoned B-l; will not be noxious to the local residents; will provide restric- tive covenant to the townspeople running with the land whereby nobody can use it for retail use. Tony Cantons, 62 Adelaide Ave., Methuen asked to hear what objections were. Mr. Nonteiro questioned the number of parking spaces (11) and whether or not this would be sufficient for 4 offices. Mike Kellan answered that they have a party interested in taking over the whole first floor which would encompass two of the proposed offices; the sketch is not accurate as to how many spaces are needed, we are going to provide the proper num- ber of spaces. Mr. Chepulis read from the section of the ZBL on requirements for amending the by-law and requested that the plans be made available to the BGARD prior to Town Meeting. OPPOSITION: Frank Dushame, abutter; Gay~on Osgood, ~39 Osgood St.; Dr. T. Hayes, Court St.; Carol Collins, abutter; Carol ?, Bay State Rd.; Kathy ?, Bay State Rd.; Robt. Hauser, 80 Osgood S~.; James Barman, Cour~ St.; Gary Collins, 233 Osgood St.; Peggy Robito, Bay State Rd.; Rose DiPaulo. Opposition was. expressed regarding a potential traffic hazard, accidents at corners, whether or not it is spot zoning, will decrease property values, could be used for other things such as apartments, parking behind would be minimal due to swamp and septic tank existence.' Mr. Chepulis asked if the land is in fact wet - Jay Willis replied that it is w~. down b~ck where the brook is. Mr. Melvin, Beacon Hill Blvd., remembered when Johnson High was there and how wet it was; also very bad traffic problem. Mr. Chepulis pointed out that the BOARD acts on the use of the land only. Jay Willis felt ~hat most of the objections brought up referred to an apartment building rather than professional office building and re the parking, they will not park at the end of this lot. Motion was made April 2, 1979 - cont. to take the matter under advisement. Joyce DiTore seconded and the vote was unanimous. 2 - CLUSTER DEVELOPMENT: the Clerk read the legal notice; Member Monteiro made a preliminary statement about need for this and these are the recommendations of the Committee on zoning. Richard Noonan, 16 Carleton Lane, brought up open land and cost of maintenance; there ought to be assurance that there are no probleme with the land ~ud the home owners should have a vote to allow developer to transfer maintenance to them; Charlie Poster attempted to show where the Town has some control as to how the land is to be conveyed. Ted Phelan asked if the Planning Board has made any type ~f survey to see if the Town could take it because he does not feel that N. A. is suitable for cluster$ a good part of the land out country is assessed very low because it is not good land. Bud Cyr concurred with Phelan and added that this would open up marginal land that would be uneconomical to develop under other circumstances; what we should be doing is getting better control over our growth; our rural roads will not accept the type of traffic they are being subjected to. Phila Slade stated that what Cluster does is change the pattern of development and does not increase or decrease the numbers developed. G~on Osgood stated that the Town should have insurance that it would have access to this public property called "common land". Ought to look into the fact that Ch. 808 provides that the developer has the control over this public land and not the Planning Board. Vince Turano asked how many house could be placed on a 10 acre parcel - 7. Jim B~nnan asked if this is the Article for the town warrant - yes. Specify how many 2 family dwellings under dimensions. Walter Soule thought that a ~5 ft. setback is tho little. Mike Schena stated that the concept is misleading, there is no intent to increase the density; the P. B. ca,not mandate who this open land is deeded to. Charlie Poster cited that the thrust for Cluster came from the ~udy of the Watershed because this type of development takes into consideration the sensitive areas of the Town. Vince Turano stated that sewered vs. non-sewered areas should be addressed and something put in the proposal to allow latitude in turning down a bad proposal. Gabon Osgood said he would rather see 25% duplexes given the price of houses now. Jay Willis felt the concept was good and will possibly eliminate pork chop lots, etc. Mr. Monteiro m~de a motion to take the matter under advisement. Mr. Hedstrom seconded and the vote was unanimous. John Thompson suggested that a copy be sent to the Boards. 3 - PANILY SUITE: MVPC letter regarding this concept w~s read. They suggested clarifica- tion of "blood relative". Charles Foster told those present that this w~s developed by the zoning committee who felt this idea was goodfrom a social aspect as well as from an economic standpoint. ***Proposed amending the By-Law to state that the dwelling must retain the characteristics of a one-family dwelling$ that the premises should be inspected at least annually by the Building Inspector. Busan St. Pierre, Planner, suggested that the '~amily Suite" definition be changed because as it reads now it can be in 2 separate units. Also, paragraph #will have to be changed. Mr. Monteiro made a motion to take %he matter under advisement. Mrs. DiTore seconded and the vote was unanimous. April 2, 1979 - cont. CARLETON FARMEEASTANDWEST: Mr. Chepulis stated what had transpired to date by explaining how Town Counsel was authorized to work out the best possible solution knowing what we had objected to. An agreement was made with the developer. He had been told that an attempt had been made to contact homeowners for easements along Summer St.; an agreement is tantamount rca court order, it has been recorded with the courts; it is not a question of whether or not we go along with the agreements; also, another suit-~has been instituted to compel the BOARD to sign the plans; the P. B. has noalternative but tosignthe plans. Richard Noonan, Carleton Lane, stated that the copies of the Agreements are not dated and this is not the normal way to execute a document~ and charged that the case was compromised at the point when the material by the abutters was not included in the decision. Eric Lathe said that '~he Planning Board sold us out". Mrs. DiTore took exception with this attitude and comment. Duane Tibbetts said he might be flooded out, the BOARD should check to see the level of the pond. Bud Cyr stated that he would assure him ~hat nobody would be flooded out by that pond. Mr. Hedstrom made a motion to no..~% sign the plans until we find out more. No second received, Mrs. DiTore made a motion that the plans of Carl.ton Parms East & West be approved with the conditions under the Agreement and having a completion date of Oct. 1, 198~ unless mutually agreed upon by written request for change. Mr. Monteiro seconded. Mr. Monteiro amended the motion by adding that the major points as suggested by the abutters, a~ included in the handwritten copy submitted by Mr. Noonan~ Mr. Monteiro said that the reason for the above is that there are a great number of people from the area %hat were not satisfied and we can get in touch with Mr. Cyr and the developer to effect some conclusions. Mr. Cyr stated that the driveways will not be built up, Cape Cod berm will be to his specs and will be only where necessary. Chairman Chepulis stated that he could not accept this motion because he heard a suggesti°n and not a motion and the item about brook and stream comes under Con. Com., it cannot be put in our conditions of approval. Noonan added that we have presented those items that are a concern to us and the developer is within his rights to accept or reject. Mm-. Hedstromagreedwi%hMrs. DiTore in that the issue on both subdivisions is moot. Mr. Chepulis stated that the amendment is contrary to the main issue and/or motion. Mr. Hedstrom is going to compose a letter to the developer stating concerns, he said. VOTE on Original motion: favor: DiTore & Chepulis; opposed: Monteiro & Hedstrom. Mr. Monteiro then made a motion to continue disposition of the Carleton ~arms East and West subdivision until the next meeting. No second. A motion was made by Mr. Hedstrom that in view of the deadlock, the decision be continued until nex~week in hopes that there will be 5 members present. Mr. Monteiro seconded. VOTE: favor: Hedstrom & Monteiro; opposed: Chepulis & DiTore. Discussion: the longer we wait the worse it is going to be; we have the discretion to delay the signing another 7 days; referred to Town Counsel's letter. Mrs. DiTore made her next motion by repeating her original motion. No second. She left. PLANS NOT REQUIRING APPROVAL: 1 - BARCO - Berry St.: Motion by Mr. Monteiro to endorse as not requiring approval under subdivision control law a plan of land dated 3/19/79with the stipulation in Mr. Cyr's letter to be taken care of as soon as possible ($~1,000 to be given to the Town for improvement of the roadway). Part of this street is a private way and part is public with a "no man's land" in the middle. Does not want to establish this as a precedent but would be a betterment to the already existing houses on the street. Mr. Chepulis brought it to the members' attention that if the plan gets signed the signa- ture does not have any reference to the up-grading of the street. Member Monteiro withdrew his motion. Motion was then made by Mrs. DiTore to endorse the plan as not April 2, 1979 - cont. requiring approval subject to the receipt by the Selectmen of the $11,000 check to up-grade the road in accordance with Mr. Cyr's letter. Mr. Monteiro seconded and the vote was unanimous. Mr. Cyr said it would be done within the working~r SeaSO~e 2 - THOMAS ROCE~ELL - Osgood St.: land o~ed by Carolins Stevens et al; motion made by Mr. Monteiro to endorse the plan dated March 1979 as not requiring approval under the subdivision control law. Joyce DiTore seconded and the vote was unanimous. 3 - OLYMPIC CONSTRUCTION - Laconia Circle: After reviewing theplan, Member Monteiro made a motion to deny endorsement based on incomplete information on the plan. Mrs. DiTore seconded and the votewas unanimous. Ken Field Re Ash St.: Desires to build a house on Fern St. but there is no street existing there and would like to put a driveway in. Board to write to TownCounsel for an opinion. QUAIL RUN - letter from BPW received and read and letter from Con. Com. with recom- mendations. Decided to table the decision until April loth meeting. PADDOCK ESTATES DRAINAGE CHANGE (continued from last meeting): letter from Cyr read and on file. They asked for Board approval of the changed plans. Mr. Monteiro made motion thatthe Paddock Estates drainage change be accepted and approved with %he hope that the necessary easements will be submitted to the Planning Board. Second by Mrs. DiTore and the vote wus unanimous. LETTER & INFO. ON BkRKER FARM AGRICULTURAL PRESERVATION RESTRICTION ACT: Motion made by Mr. Monteiro to make a wholehearted support of this proposal. Chairman authorized to write the opinion of the Board to the proper authority. Second by Hedstrom and vote unanimous. Plan Not Requiring Approx~l - BRIDLE PATH: (Eandsail, Inc.) showing lots 20 & 21. John Turtle stated that there is no sett~%ck~violation, it is a septic problem; easement shown on plan. Mr. Monteiro made a motion that the revised plan of land prepared for Landsail, Inc. dated April 2, 1979be endorsed as not requiring approval under the subdivision control law. Second by ~. Hedstrom and unanimous vote. PRkW,IMINARY PLAN SUBMITTAL OF INGALLS CROSSIT~G EXTENSION: Frank Gelinas requested that the Board look very carefully at the prelimina~ stage. Discussion date: April 30, 1979; walk: April 21, 1979. WILDWOOD PARK: REQUEST FOR BOND AMOUNT - Mr. Cyr recommended $23,000 bond amount and motion made by Mr. Hedstrom to accept this figure. John Monteiro seconded and vote was unanimous. BOARD OF APPEALS LEGAL NOTICES: 1 - St. Pierre: Plannin~ Board asks denial because this is not a hardship case and should abide by Zoning By-Law. 2 - Curtis: recommend that the B.A. follow the applicable zoning laws. 3 - Brooks School: defers to B.A. judgment on the matter. 4. - Paul Donovan: same recommendation as above. Miscellaneous Matters: Bd. Selectmen letter requesting a copy of minutes regarding Carleton Farms; On suggestion by Fir. Monteiro, Board a~ree~that t~did ~t approve Meeting adjourned at ~.30~.M. ~ ____~/ ,,/~/~. ~ ~_~ Oh~irman