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1979-07-02July 2, ~979 - M~$~DAy Regmlar Neetiug The P~_~iNG BOARD held a regular monthly meeting on Monday evening, July 2, 1979 at 7:30 PeN. in the Town Office Meeting Room. The following members ~re present a~d voting: William Ohepulis, Ohairma_.~; John J. Monteiro, Vice-Chairman; Joyce A. DiTore; and Michael P. Roberts. There were 25 wisitors present. PUBLIC ~EARINGS.- 1 - INO~/~LS CROSSING NGDI~IOATI~$~ C~ D~T~ ~ISI~: ~e O~i~ re~ %he leal no%ice. ~h~ ~lo~is ~d-~ ~l~as we~ p~s~. ~ Rep~s~-g ~he applic~ was A%$y. Reg. ~en. ~ea~-g for Oldie O~ction, ~. ~en ~ated $~ $~s shows a ~ de sac o~ menti~ a% p~s mee~, s~e lo~ l~es ~ve ~en o~d follo~g ~so~si~ ~%h ~he B~ ~d ~. O~. ~ey ~e p~p~d to ~a~ %he appropriate d~n% to ~ %he ~%r~ce ~o %he T~ as so~ as e~- t~g is ~solv~ ~h t~s pl~-. ~e pa~d ro~ ~11 ~d at ~he ~ de s~ ~d ~er the ~ de sac it ~11 be d~ded %o %he T~. N. E. Power Co. representative, Turnpike St., N. A., commented that the N. E. Power Co. land is owned by them and net just an easement. Nr. Chspulis explained that the purpose of this is so that it will no longer cross their land. The representative noted the 200 ft. easement on LoS 24A and said that they do not allow any structures on said easements and questicmed where leechi~ fields and septics will be located. Mr. Ealogianis told him that they will Be on the l~ztldable portion of Lots 25 & 24A ~i%h nothing on the easement. N. E. Power requested that it be so noted on the plans and deeds that a particular let would not be l~ldable. NemBer Nonteiro felt that that would be between N. E. Power and the developer. Mr. Gelinam affirmed that the leeching systems on these particular loSs would not be within the easements felt it an erroneous opinion that an "easement", per se, eliminated all building upon cause each easement specifies exactly what it is for. Nike Roberts disagreed wi~h Mr. Mon%eiro's pre~ious opinion Because the ~ should be educated as to what is happening. Mr. Chepulis ~lso felt that it is a private matter between developer and N. E. Power. Letters from ~gh~, Fire Dept. were read. Peter I~uber, 1809 Salem St., said he wa~ very disappointed with the area$ the flood plain for the are~ is not directed properly; it is a real disaster. Judy S~leaff, 1 Campbell Rd., felt the problem is related to CamPbell l~orest, the drainage problem was not in existence until Olympic Lane went in. Joe ~orgesi, ]~W~, requested ~hat the water main run through to Salem St. so there will be better circulation of wa~er in the sul~iivision. Bud Oyr stated tha~ we have ~he ownership all the w~y to Salem St. When Olympic Lane was approved, Ealogianis went to a large ex~enee to pu~ in d~ain~ and it is net doing the job that was intended. We have to follow these thing~ up to avoid more problems. ~a~k Gelinas added, that the work being done presently has nothing to do with the sut~iivision, it has to do with a piece of land in a private cornfield. The people worked this with the Con. Com. and hms nothing to do with Ingalls Crossing. There is going to be a subdivision on the land near the pond and it will come to the Pl~g Board and the Highway ~urveyor. Regarding la~ ~nter, the culver~ under Salem Bt. was able to take the drainage even under severe oomditions of las~ J~. Nube~ has an easement on his proper~y and there is a power easement and a stream behind his house. In the winter thaw the whole area floods and the water from the opposite July 2, 1~79 - cont. side of the street flows do~n, alot of erosion, septic systems will fail, he claimed. Mr. Ring~abl, Salem 3t., presented photos of the area in question and also of Campbell Forest. Oyr said this flood plain has nothing to do with the m~dification that is ~efore the BOARD. Mr. Ring~bl stated that ~rith more subdivision the drainage is going to be worse and Mr. Chepulis retorted that, on the other hand, with the proper drai,age it can be handled. Upo~ motion by Roberts and second by DiTore to endorse the modification on the plan of land for Olympic Construction dated Ma~ 7, i1979, revised ~ay 15, 1979 for the following reasons: the various To~n agencies have no objection and approve %he stated modification and the 0on. Co~. has no problems with it the vote was unanimons. CAMPBELL FOREST (T.D.J. DEVELOPME~ CORP.): The legal notice was read. Atty. Reg. Marden representing; stated 46 lot su~livision, R-2 zoning, 1 acre lots or greater. Parcel designated #~ is a road relocation parcel which will be deeded to the ~own for the purpose of straightening the road; propose to run water along Campbell Rd. some 2200 ft. down to Forest Estates and into the Campbell Forest Subdivision. Mr. Gelinas stated that the land is located on the southerly side of Campbell Rd. with Road A and Road B 2300 and 2100 ft. in length. 45 dwelling sites; fulfills each of requirements of the PLANNING ]K~h~D Rules & Regs.. No greater than 6% grade; drainage designed to accommodate 2 k~-ds offlow - 25 year storm and 100 year storm cute Boston Brook; existing water lin~ located at intersection of Salem S~. and Campbell Rd., will Be extended to intersection of proposed Road ]~ and Campbell Rd.; water line will be a 10" dia.; have overall plan to loop Salem S~. with R~e. 1~4; 500 ft. between h~drants. Temporary cul de sac is proposed to coordinate with future pl~ing; site character- ized by 3 major features, as shown on tope plan - high areas, extremely large wetlands to the south and west of the site, wetlands within the subdivision', primarily 4 large ones with some small pockets. There is 'no flow from this subdivision going into the wetland behind us; sheet flo~ is existing now and will not be altered. Drainage of roadways is designed to be handled internally by utilizing the wetlands. No planned alteration of the largest wetlands; they will remove the smaller wetland 'and dredge for storm control. The increased run-off will flo~ into a wetland in the middle. See detailed drawings sho~n on pg. 6A of proposal. Letter from Con. Com. dated July 2 was read. 0n file. Frank Gelin__a~ stated that the applicant realizes that there are wetlands on the property and will file properly under Ch. 131. Ch_~___~les Lebel, abutter, asked when this was first conceived and was told about 3 years ago and that Mr. Kalogianis has been involved i for 1 year. S~ated ~hat his wife's family owned a '~ood lot" with a ~0 ft. right !of way in from Campbell Rd. Concerned about his access into his lot if this goes through. Mr. ~elinas explained that they have star, ed a Land Coum~ process on all this land which will be finished prior to gr~undbreaking. ~PW and Highway Dept. letters read; on file. Cyr stated that CampBell Rd. has been declared a public way and the Town would like to upgrade it. We can get it upgraded By straightening through a gift of A. Ealogianis to the Town, agreed tO extend the water and Gas. Co. will participate in upgrading the road also. Gas will be extended. Felt the purpose of developer and the To~n working together for commou betterment is a good idea. Asked that if the proposal is going to be approved it be dome quickly in order that it get on the the Con.~o~. because the season is going by fast. Joe ~orgesi added that the developer has agreed to extend the water line to Lyons Nay. Letter from Fire Dept. was read; requested another hydrant at Lot 39. Board of Health letter also read and on file. July2, 1979 - con% Letter from citizens on Campbell Rd. and S~lem ~t. was read. Also, letter from Oilbert and ~ue Meyer, 1 Campbell Rd. All referred to drainage, enviro~mentalproblems. Mr. Hedstrom stated that even though~we can go back and forth on th® drainage, he would entertain the Con. Oom. ts reo~mnendations as a definitiveword on these problems. Mary Laohapelle, S~lem St. - felt that they had lost alrea~ly; asked how ~o~ Boeton ~o~ c~d ~e; no ~e listens ~o the pe~le ~d we ~ ~ers; even th~h ~he ~ s~t~lo~s f~e ~paper,~w~t is really goi~o ~ppen? ~11 Rd. ~s ~ ~g o~r for 30 ye~s. Mr. ~elinas rebutted some of the comments made above - didn't feel that the new develop- ment would necessarily make an increase in run-off, hie client has no way of putting in a controlled outlet on Meyer's pond. (Meyer has asked for this and it should be looked into). ~illing to certify $ha~ %he design will work out. Mrs. DiTore wan~s the applicant to ~t to~ther with %~ LeVel's to ~fect a ri~t of w~v. Motion made by Mr. Mon~eiro to continue the hearing until July 16, 1979. Mike Roberts seconded. Paul and Joyce told the membership that they could not be present. Motion and second withdrawn. Another motion made by Mr. Monteiro to continue the hearing until July lC, ~979 at 7:30 P.M. and seconded by Mr. Hedetrom. Vote was unanimous. Mr. Roberts requested b~ck up d~a regarding drainage and Mr. ~elinas said he would comply ~ith the re~ueet. HARDT~]RT ESTATES (Warlick) -Atty. ~arden and Frank aelinas representing. ~r. Chepulis recapped prior proceedings regarding subdivision~ namely Board of Health letter dated March 5, ~979 recommending disapproval, ~ubsequent letter d~ted M~y 16, 1~79 was read c~ce again rescinding their original recommendation. Letters from Fire Dept., Highwa~ Dept., and Bd. of Health note were read. Also letter from Con. 0~n. d~ted July 2 and a copy of Order of Conditions dated Nay 7, 1979 and letter from D.E.Q.E. were presented and read. MVP~ letter da~ed April ~, ~979 was entered into the record. ~eorge Stern mentioned that the recommendations of the oonsul~- a~2; IEP, are included in the "Order". Mr. Monteiro wondered if a re-hearing was necessax~. Mr. Chepulis asked if they would consider withdra~r4ug their petition ~ithout prejudice ~d ~ng ~ re~itt~ - A~y. ~ s~a~ed t~2 he ~ ~en reluct~$ ~o spe~ becks ~his is fistulas, all of ~he ~e~ess ~i2ted to ~he ~ ~ the Con. C~. is ~he only diffe~nt $~, ~h~ neglected ~o s~ ~ it is ~1 ~der appeal ~d ~11 be ~solved ~th ~he ~e ~Ly tests, e~c. were menti~ed ~ ~. Robe, s ~d ~en said ~hey ~e no~ practi- cal ~d net needed. He re~lled tba~ the firs~ pl~ ~i~ed ~ s~e ~0 ~d lots on i$ ~d since $~$ time ~s clien~ ~s c~e ~ ~$h a series of plus decre~i~ the n~- ber of lo~s ~d wen~ ~ ~ preli~ ~d defini2ive ~a~i~tals. ~ce ~n, he s~d, we ~e he~ ~fore y~ ~d c~d see no reas~ w~ ~he P~O ~, ~ti~ in f~h, c~d not si~ ~s pl~. ~. RoBe~s felt ~hat 2he t~e ~d attitude of ~he pe%i%i~er ~s ~en ~d is ~e of a %~ea%en~g nato; %he T~ realizes he is ~t so is the T~. ~. Chep~is tho~h% ~ ~he only pe~Ln~% po~% ~ t~igh%'s letters is t~2 ~ ~he ~ re~ing pollu~%s, etc. Mon~eiro ~eed ~h the op~i~ of ~e Ro~s invol~ ~e ~es%ing ~d, ~ addi~i~, felt ~ s~e'~ffer- en~ial sh~ld be ~e ~ ~he ~. ~ eta~ed ~ ~hey plan ~o l~a~e the ~s ~d do ~ ~e ~e~ d~ o~et~o$i~. ~lin~ added $b~$ ~hey ~11 gl~y con- duo~ a oo~lete ~ve~i~2i~ -~der ~he ~pe~sion of ~he ~ ~eyor if the~ is July 2, 1979 -conto any drainage Beyond what kie plan shows, and agreed to Cyr's request. Jo~m Thompson, Bl~, stated that his cc~cern was for water quality by counecti~n to a~ piping system which is going to go into the Lake. Also voiced concern regarding the Watershed. Stern said that based on a file~l trip the Con. Como made due to the appeal to the State they found cut that an ex~ensive drainage system plan does exis~ but has .not been brought forward. Oelinas interjected that under public testimony he stated that the drainage sub~itted~was based on a Eunhardt Drainage Plan~ but conceded that the records may be insufficient and it may need further s~udy. He felt, though, that the information as presented was co~plete. He disagreed that the 4 or 5 letters that ~ere read ~ere not relevant. l~otion was made by Joy~e DiTore and seconded by John Monteiro to approve the plan of land entitled "Hardtoourt Estates" based on the Board of Health letter of rescission subject to the following conditions: boiler plate plus l) that any changes made to the definitive plan by other town agencies or officials shall be su~nitte~ to the Planning Board; 2) that individual septicsyste~ permits imust be obtained prior to the iss~_~_~oe of a building permit fro~ the Board of Health under the rules and regulations of "Title V" of the State Sanitary Code; 3) that the developer shall, prior to the sale of indi- vidual lots to individual owners, submit to the Board of Health percolation tests showing the suitability of said lots for the installation of subsurface disposal systems for single f~_m~ly dwellings; however, such restriction sh~ll no~ prevent the mortgage of said lots or the sale to developers or home builders against whom this condtition shall &leo remain applicable and enforceable until complied with; 4) that a Notice of Intent shall be submitted by the applicant to the Conservation Commission in accordance with the Wetlands Protection Act, Ch. ~3~ of the M.G.L.; 5) that the hydrants (5) be located in accordance with the Fire Dept. letter dated Feb. ~2, ~79 and as marked on said plan by the Board of Fire ~gineers, and that the Fire Alarm be brought in fr~n Great Pond Rd. and Pond St. to the development,i and one (~) Street Box on Bc~ny Lane near Lot ~d as per Fire Dept. instructions; 6) that all water improvements shall be in accordance with the recommendations of the Board of Public Works letter dated Feb. 22, 1979 including the additio~_~_~ recommendations of the Board of Public ~orks in said letter as follows: a repor~ including h~draulic computations, flow and origin of drain pipes existing on the property, estimated sodium impact on the Lake, and estimated nutrient loading on the Lake as well as a construction schedule and the amount of fill to be place; and that all construction and cutting shall be in compliance with Sec. 4. ~ ~ of the North Andover Zoning By-Law, governing the ~latershed District, which was approved at ~owm Meeting June 26, ~978; 7) that the recommendations of the Kigh~ay Surveyor's letter dated Feb. 26, ~979 shall be adhered to; an~ 8) a Certificate of Compliance from the Conservation Commission shall be required prior tea release of any B~nd er ooven~t. Dnring discussion Mr. Hedstrom amended the motioa to add that a Certificate of Compliance be required and Mrs. Di~ere seconded. Discussion took place with Vines Turano~ 292 Drentwood Circle, regarding the sedimentation basin, increase in run-off, spillways~ erosion, Lake pollution. Skip Coffin, Bridle Path, asEed the ~ to proceed wi~h action. V0~E: Chepulis, Monteiro, Di~ore in favor; Roberts opposed; Hedstrom a~stained. PLANS NOT R~UIRING APPROVAL: ~ - MARE gErRy, Turnpike St.: Motion by Monteiro to endorse as not requiring approval under subdivision control law plan of land dated June ~8, ~979, for Willow Industrial Park. Second by Roberts. Mr. Chepulis suggested amending the motion to include a statement that the PLANNING ~OARD endorsement state as f~llowe: "the P. B. endorse- mens hereon applies specifically to the 3 lots as shown as meeting the required area and frontage on a public way and with access to each lot from the public way (~Arnpike St,, t~te. ~4); any other access to the lots will be deemed to cause these lots to be July 2, 1979 - oon% a subdivision Ret ~ho ~1, Sec. 8~ a~d ~lll nullify said endorsement.~- ~he amendment was so aooeptedand mcrtianand seoond by same member~, vote unanimouso 2 -PO.R.BE8 ROCEI~EL~ S~.: plan dated.July 2, 197'9, House built too close to the Lot line. M~t'ion~nd secand~byMonteiroand Roberts, respectively, with unani- mous vo~e~to endorse as not requiring approval under sutxlivision~oontrol law. 3 - R. ~AVA~E, Tolland Rd.: Susan told ~ it is a lot line oha~ge for a land sw~p. Motion by DiTore and second by Nonte~ro ~o endorse as not requiring approval under subdivision control law plan of land da$ed July 2, 1979; unanimous vote. 4 - JOSEPH& PAULINE FLI~N, 0andlestick Lane: easement shown; plan dated ~ay 1979. Mrs. DiTore made[a m~tion~endorse as not requiring approv~lunder subdivision contrOl law subject plan, plan to/~gned when Mr. Flymu affixes his signature to form. Second by Mouteiro and vote unanimous. ~ HILL ESTATE~ (HAYMEADOW): I~T FOR~LEASE - A1 Higgins requested $7,500 and Cyr's letter approved this amount. No~ion by Konteiro to release said amount. Second by DiTore and vote was unanimous. ~ILLO~ RII~E - ~usan and Bud Oyr viewed the site and it is done as reques%ed. Mr. Non, elto made a mo~ion to relaase $1,000. Mr. ~edstrom seconded and the rate was unoAimous. meeting adjourned at midnight due to lack of q~orum. Wil~/am Chepu~, )~airman .~