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1979-04-10April 10, 1979 - cont. There is eventually going to be a strip of land between Mrs. Donovan ~nd the road and will soften the cur~e per ~yr's request. ~'Lr. Gelinas continued that they will try to obtain a curve radii from ~.irs. Donovan for the Town. Intention is to make the entire pond an easement, as shown by the definitive plan, to the Highway Dept. for drainage and control of the elevation. Motion was made by Mrs. DiTore to continue this he,ring to give the developer and engineer a chance to meet with Mr. Cyr and also work out problems with Adams and Love. Mr. Nonteiro seconded. During discussion ~ir. Gelinas said he did not understand why the BOARD wished to keep the hearing open because alot of this could be taken up a% work sessions. Mr. Chepulis replied that it should be kept open in case any further input comes in. Contintu~nce until April 30, 1979. Unanimous vote. Mr. Roberts requested that a letter from the Board of Health be in by the 30th and, also, comments from the Fire Dept. Asked who would take the pond over if the Town does not? Who would control it? ~. ChePUlis asked what the purpose was for the strip along side the right of w~y - becuase they o~ it and need some room between the road and ~Irs. Donovan~s proper~y, it is a buffer for spillage during construction; when the work is all done they will approach Mrs. Donovan to see if she would like to pick it up and can arrange the lot lines at that time. ~,Ir. Chepulis s~id he personally would entertain a variable width road. PLANS NOT REQUIRING APPROVAL: 1 - R. WATSON - Forest St.: plan dated ~rch 28, ~979 showing Lots A & B, being sub- divided into two lots. Notion made by ~ir. Monteiro to endorse the plan as not recluir- lng approval under the subdivision control law and seconded by Mr. Roberts. Vote was unanimous. 2 - JAYSON REALTY TRUST - L~conia Circle: houses alread~y built on lots 6 & 7and change in lo~s lines to accommodate these houses; also including a driveway to get into these lo'ts. Mr. Monteiro made a motion to endorse as not rec!uiring approval ttuder the subdivision control the plan dated ~;~rch ~0, 197% Mr. Roberts seconded and the vote was unanimous. 3 - E & F BUILDERS - Olympic Lane: Ms. St. Pierre, planner, stated that the legend gives 1"-20' but measurements given are l"=d0'. Mo~ion made by Mr. Monteiro to endorse the plan as not requiring approval under the ~ubdivision control !aw. tt was seconded and amended as follows by ~Ir. Roberts - that the scale be corrected to 1"=40'. Unani- molls vote. DECISION: QUAIL RUN (Landsail, Inc.) - ~,~. Monteiro stated that the Subdivision Control Subcommittee could not foresee any problems and made a motion that the proPosal be approved with the following conditions: Highway Surveyor's letter be incorporated plus boiler plate conditions and letters from BPW and Fire Dept. be included. Unanimous vote. CARLETON FARMS: A motion was made by ~rs. DiTore to approve both Carleton Farms East and West with the conditions set by the Superior Ct. ~13129 and #13130 Final Judgments plus any changes that will be m~de on the plans in the future by other Boards shall be sub- mitred to the Planning Board. Member ~,~onteiro seconded and vote was as follows: DiTore, Roberts, Chepulis, Monteiro in favor; Hedstrom opposed. The B(tTRD req~ested that the applicant revise the covenant to further state "that the plans were further revised on M~rch 6, 1979". Mr. Chepulis commented that in accordance with 81BB of the G.L. the Board has 20 days in which to sign the plan. There were no revisions to Carleton FArms West so the covenant does not have to have a revision date added on to it. April 10, 1979 - cont. SET HEARING DATE: ZONING AMEND~NTS - insert in Sign By-Law the word "temporary" to sec. 6.53 (e); advertise for April 30~ 1979 hearing, Mike Roberts left the meeting. Letter from CON. COM. Re I~GALLS CROSSING, CROSSING BOSTON BROOK: Atty. Marden, repres- enting Olympic Cons%ruction tried to explain what is happening - no problem existed at the time with New England Power and at the same time the Con. Com. asked that they not cross Boston Brook and my client is satisfied to go along with the recommendation of the Con. Com. at this time. Didn't know what the resolution of the N.E. Power Co. will be. Motion made by Mr. Monteiro for the Chairman to meet with Cyr and the Con. Com. to effect an agreement ~ud that the PL%NNING BOARD would approve that agreement. The motion received no Mecond. Mr. Cyr requested that ~Aat the Con. Com. is saying be reconsidered. M~rden stated that they would stay ~00 ft. from the Brook and ~ubmit a plan at the next meeting. Prank Gelinas added %hat easements will h~ve to be added to the lots effected for the turn-~round. On April 3Oth they wiil also present a deed for the necessary maintenance. RECO~IENDATION FROM HIGR~AY SURVETOR RE HAYMEADC~ ~i~ENSION BOND: letter read by the Clerk (dated Apr. 2nd) asking for a review of the whole subdivision. We should take the bonding on the first ~00 ft. and si~ down with whoever is going to represent A1 Higgins and Equity and N. A. Assoc. Ask them to ~ppear before this BOARD~on ~y 7th. Letter from Highway Surveyor re review of all subdivisions. Mr. Chepulis suggested that the Subdivision Control Subcommittee should meet with Cyr at an appropriate time. NV'PC - Rural Dev. Planning Grant and Water Quality S~atus Report; Member Monteiro sug- gested referring them to Joyce DiTore. LEGAL I~OTICE: Haverhil~ is on file. MISCELLANEOUS MA~S: Senate Bill ~,~57 - a letter to be sent to Pollard & Hermann stating opposition. ANNUAL MEETING B~SS. ~EDERATION OP PLA~E~I%IG BOARDS: Sat. Nay 12th. Secretary to make 3 reservations. BOARD OF SELECTMEN: RE T.~ff CAPS - RE AN~3A~ TO}~N NEETI~lO to be held ~y 2~th. Memo from MASS. FEDERATION ~E t{OUSE BILLS 5"3730 and H573~ were read and objection no, ed %hat it would destroy control of growth and development within the towns. Meeting adjourned at 11 P.~4. April 10, 1979 -Tuesday Special Meeting The P~iNNING BOARD held a Special Meeting on Tuesday evening, April10, 1979at 7:30 P.M. in the Town Building Conference Room. The following members were present and voting: William Chepulis, Chairman; John J. Monteiro, Vice-Chairman; Joyce A. DiTore; and ~chael P. Rober~si Paul Hedstrom, Clerk arrived while the pubiio hearing was in progress. There were 72 visitors, PUBLIC HEARING: STONECLEAVE ESTATES II (Barco Corp.) -Bank Gelinas represented the developer; subdivision located 400-500 ft. east of Stonecleave I presently off Boxford St., north of Donovan and east of Adams, south of Loves containing 19 lots; 21 ft. of roadway; in addition, there is a lot 20 that is not proposed to be built upon. There are two major topographical features: 2 wetlands in the middle of the property; road will go along 1 wetland and drain into the other wetland; a pond will be formed on lot 20 by ditchingS elevation of the pond will be set at 119; it will be a 3 ft. permanent water body; percs were made, mostly glacial till, some gravel; water table from 4-~ ft. Proposal for subsurface disposal systems and wells; grades of road are held at ~ of 1% which is a deviation from the Rules & Regs. because of aesthetics and the ex~tra fill would incurr a tremendous construction difficulty. Mr. Gelinas' reason- ing was that they did not feel that the 1% requirement could not be w~ived in this instance but, if there is disagreement, the applicant would meet the requirement. Letters read: Tree Dept., Fire Dept., BPW, Highway Surveyor. Letter also read from the H~tS re ponds and earth removal. The Subdivision Control Subcommittee to walk site. Then Mr. Monteiro asked for a comment from Gelinas, B~rba~llo or abutters regarding Cyr's letter. Mr. Roberts added that he would like comments on the Fire Chief's letter. Blake Adams, abutter,~was interested and concerned about the right of ;,ay that goes over lot 18 amd commented that the wetland is quite a bit larger in reality than is shown on the plan. David Morse, attorney representing Dr. Love, stated that Dr. Love ehares Mr. Adams' concern~and that there has been a suggestion that the right of w~y be relocated so it runs between lot 17 amd lot 18 and then on to Love's property. This right of way is part of Dr. Love's title. Mr. Gelinas explained that it was the intent some years back to create ~ 30 ft. righ~ of way but now it is a graveled maintained 18-22 f%. strip that serves the Adams and Love properties, l~uch discussion took place about where this right of w~y should go and Mr. Adams said he would reserve his approval until such time as he knows ex~otlywhere iZ is to be located. Catherine Donovan, Boxford St.: requested that someone measure from the Essex Cry. boundary that is on her proper~y to the pin because it has been changed over the years. Gelinas stated that he would meet with Mrs. Donovan's surveyor. In rebutting the town department recommendations, Mr. Gelinas stated that it would not be lawCul for the BOARD to turn down the proposal because of Fire Chief's letter stat- ing need for communal water; no problem as far as trees are concerned; }~ghway Surveyor is absolutely right regarding the ~ of ~% and would discuss this point with him; also agreed with the point regarding applying for an earth removal permit on pond area. Barco is willing to get together with anytowndepa~%men~ and write a letter which is binding as to the disposition and routing of the materi~l if it has to be c~rried off site.