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1979-05-07May 7, 1979 - Monday Regular Meeting The PLANNING BOARD held a regular monthly meeting on Monday evening, M~y 7, 1979 at 7:50 P.M. in the T~wn Office Meeting Room. The following members were present and voting: William Chepulis, Chairmau; John J. Monteiro, Vice-Chairman; Joyoe A. DiTore; and Michael P. Roberts$ Paul Hedstrom. There were 14 visitors present. CONTINU~ PUBLIC NEARING: STC$[ECLEAVE II (Barco) - Before the continued hearing began Mr. Monteiro made a motion to recess to go into executive session at Selectmen's meeting. Mrs. DiTore seconded and vote wa~ un~uimous. PInG BOAI~ meeting re-convened at 9 P.M. Mr. Monteiro asked what had transpired at the. meeting with the developer - 1) right of way; 2) Mrs. Donovan's marker to be shown on the iground and 3) change to Lot 20 (frontage). l~ra-k aelinas stated that they had h_ad two meetings, one with Mrs. Donovan and one with Dr. Love and Blake Adams. Mrs. D. agreed on the iron pin that was her property line, the present traveled wa~ encroaches ~n that iron pin and they were able to describe an are on the 25 i~. easement to Be deeded by Mrs. B. tO Barco and in %~rn to be deeded ~o ~he Town of N. A. Land to be deeded to Mrs. Donovan iby Barco in exchange for the above. He added, there is presently an. undefined right of way on the deeds, a 30 f~. right of way shows on the.plan. The concern that Mr. Adams had was that the lOCation of the. present right of way would create some f~t-are problems with the future owner of Lot 18. The right of way starts at Boxford St. where Duncan Dr. is located. Both Love and Adams have asked if Barco would relocate to either side of Lot 17, 18. Mr. Adams is desirous of a 50 f~. right of way with complete 25 ft. turning radii, he is looking~r a future road go~-ug into his property. Lot 17 is a very precarious lot to develop - hard to fit in a house, septic and right of way. As cf today, Barco is not prepared to go to a 50 f~. right of way or turning radii. Adams is presently landlocked and he and Dr. Love have deeded rights to the present right of way. Barco is willing to agree to the relocation of the right of way to 30 f~. within lot 18 at 17/18 lot line. They have not reached agreement on the width of the right cf way. / Letter from Blake Adams dated N~y 7, 1979 was re~ by the Chairman. Hie land has frontage on Stonecleave I so he is not actually landlocked. George ~tern, Con. Com., asked for enlightenment on the proceedings to now, didn't feel it was pertinen~ to the hearing, should be betweSn developer and abutters. Mr. Chepulis explained that the plans have to reflect what is happening and some of these problems don't develop until a public hearing such as this. Lots 20 & 13: lo~ 20 should have a minimal amount of access from Duncan Dr.; would like to increase frontage amd specify that "Lot 20 is not a buildable lot, to Be deeded ~c the Love Es%ate". Will make lot 13 3.0 acres instead of present 2.1 mores and likewise lot 20 will decrease from 3.6 to 2.20 acres. Mr. Hedstrom arrived mt 9:35 P.M. Letter from Con. Com. was read. Nike Roberts suggested putting the whole easement on Lot 17 if it is an unbuildable lot. Discussion. Bud Cyr felt that if we s~art changing roads, etc. the whole subdivision is thrown out of perspective. What might help aesthetically ma~v not help at all in this case because of the dead swamp. May 7, 1979 - cont. The S~Bdivision Control SuBcc~nittee recommends approval By w~y of motion ~ud second with the stipulations ~s so stated in the s~eements Between ~[rs. Donoven, the devel- oper ~nd Dr. Love and the developer and Nr. Adams and the developeeF letters from Highway 5~-~veyor, Tree Dept., ~d. of Health; a~reement letter from ~r. Bar~llo; right of way easement sh~ll be between Lois 17 & 18, on Lot 18; completion date 'of ~Y 1984. VOTE: Chepulie, Men%sire, DiTore, Roberts in favor; Hedstrcm abstained. Discussion took place re~rding Form "A'e" coming in at the last minute. There a leal question of ~hether or not the BOA~ could require a cut-off time for sub- mittals. PLANS NOT P~UI~ING APPROVAL: OLYMPIC O0NSTRUC~ON - Olympic Lane: change in road way and addition of Lot 26A; previously ~ithdra~n. Motion by Mr. Monteiro to endorse the plan dated May 7, 1979 as not requiring approval under subdivision control law . Joyce DiTore seconded. Second ~d motion then withdraw. Frank ~elinas eta%ed %hat he thJ-~ it is a modi- fication of a ~ubdivision and not a Form A and should be asked for resubmittal. After short discussion, Mr. Menteiro made a motion that the plan of land above be disapproved inasmuch as it is a modification cf a subdivision. Mr. Roberts seconded and the vote was unanimous. ~AtNEADO~: ~. R~DE~ - Letter fro~ Tow~ Counsel read re the forms sut~itted last week. Motion ~ ~. M~eiro ~t ~he B~ accep~ ~he ~le~e ~emen~ ~d ~he ~ authorized to si~. Second ~ ~s. DiTo~ ~d ~im~ vote. ~he mem~rship tha~ ~. ~g~ms is no~ ass~ ~he liability of ~ity ~ilders wi~h ~he To~ of N. A. ~ere is $6~,~. le~ ~ ~he bond. As sta~ed in C~'s le~er, ~he bond for the fi~t ~0 ~. ~ ~en posted ~ for the ne~ 23~ w~ld be $~31,~; BP~ rec~nds ~32,000 for 236~ ~. M~i~ ~ Jo~e DiTore bond ~ se~ ~ ~o~t of $168,~0 for ~oth ~w~ ~d B~. ~. M~eiro seceded a~d the vote was ~im~s. ~. ~er a~ed if he c~d prep~e ~he do~en~, ~ve i$ si~ed ~ %he ~ ~d presen~ i$ $0 the ~ befo~ the ne~ meet~g si~ed ~ ~he C~?? Also, ~e~ed ~lease of the 2~ lots. ~his ~ put in ~i%i~ for ~co~ p~Oses. ~er ~11 ~b~i~e 2he mo~ bond in li~ of co~ for ~he 2~ lets. Re Dr. Shopee lots: John Willis told ~der that these 3 lots could be released and allow ~o be conveyed subject to the restrictions, per Mr. I~der. Chairman Chepulis to contac~ ~own 0ounsel regarding this matter. ~ FROM ~RY AR~ITA~E RE GI~ ~D. - letter dated Ma~ 3, 1979. Mr. Chepulie recapped that the PLANNING BOARD fought the change in plans and wants the file checked for sequence of events. BOARD ~F APPEALS LEGAL NOTICES: I - S~arm~_~d Realty Trust: strictly Boa~t of Appeals matter because it h~s been in existence for a long period of time. U~imous. 2 - Gilbert Rea: no objection, work in conformance with the Earth Removal By-Law. Unanimous. 3 - John Le~uon: recommend unfavorable action. Unanimous. Ac~io~ changed try motion of Michael Roberts to use own discretion; second Joyce DiTore; VOTE: ~ in favor, Redstrom ~ppoeed. X~yT, 1979 - oont. 4 - ~lph Oiardello (J.Y. Realty True): reoomnend following usual procedure under special permit section of l~r-I~. Unanimous. Om. O~M. OED~ ~F O~[DITI~S - OLI~PIO LA~: received a~d filed. Memo fro~ ]kl. of 8eleotmenRe New Town Building Hours: received and filed. Planner Info. Re G%AyRiob~ds land ~nRte. ~14 is shown inoo~otlyon our Zoning Map. Assessor's map is oorreo% and ourswill'ibe ohaaged to reXleci proper boundaries. PLAlgNER/SANITARY~G~: The Selectmen agreed to sig~ the Warrant as of next week when Susan starts working for the Bd. of Health also. ~hey are going to put an Article in the Warrant for Special ~o~nMeeting to pay for the 7 weeks she has already worked for the Town. Meeting adjourned at 11:30 P.M. Oilda Blaokstook, Seoretary