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1979-08-06 August 6, 1979 - MONDAY Regular Meeting The P~A~I/ING BOARD held a reg-dlar monthly meeting on Monday evening, August 6, 1979.at 7:30 P.M. in the To~n Office Meeting l~oom. The following members were present and voting: William Chepulis, Chairm~n; John J. Monteiro, Vice-Chairman; and Joyce A. DiTore~ Paul Hedstrom, Clerk. A dozen people were present for the He,ring. ' PUBLIC HEARING: RALEIGU/ TAVERN PHASE II (~aroo) - the Chairm~.~ read the legal notice. ~rank Gelinas represented t~arco Corp. The owner of record is George Farr; this is a 23 lot subdivision; displayed drainage plan; proposal evolves from a preliminary plan submittal; will make Raleigh~Tavern No. and So. one road and, in ~ddition, there is a cul de sac which ex-tends to the easterly stone wall of that acreage; 2~0 f~. of road- way; the site is glacial till ~ith]edge outcroppings; 40 ft. diameter sink hole on the proper~y which will be filled in; i% is %he intent of the applicant to not develop beyond the stone wall which bounds the subdivision at the rear; N. E. Power Co. easement traverses lots 18, 19, 22, and lo~ ~; to be serviced by water and drainage but not communal sewer; test pits and pero data were submitted with the definitive package and it is more th__~ suitable for Title "V" sewerage; 2 accesses which are provided for road ways into the northwest and southwest portion of the property for/he purpose of granting to the Com. of Nass. access in~o its property which is land locked. Ra~ond Opse, N. E. Power Co. representative, was concerned that easement going to the Commonwealth is going through the center of the N. E. Power easement. The applicant should have approached N. E. P. before coming to a public hearing because it is an unusual situation. It depends how it is going to be located relaiive to their existing pole line. Monteiro stated he would like to see their rights protected but have to bear in mind the time element we are working under. Mr. ~eltnas stated that these plans have been here for 2-3 weeks and in Westboro for 9 months, and told Mr. Opse that he presented a tremendous amount of doubt to the PLANNING BOARD with nothing to go by. N. E. P. doesn't have the right of denial of right of wa~ or access across. Mr. Chepulis asked the following for BOA~ de2ermination - if a set of plans comes in showing an easement like this one, is that entity considered a quasi-abutter and '~o be notified like other ~butters? Mr. Hiller, 7 Carleton Lane: questioned how a subdivision could be put at the end of a private street. Mr. Chepulis explained that it is a street in an approved subdivision but has not been accepted by the Town and any street that has been approved c~u Be added to. Hiller - I don't want anyone going down my street and the Planning Board should do a~nething about it. Monteiro answered that, personally, he would put barricades up and let them ta~e him to court, but the PIANK~ BOARD doesn't have that authority. Hedstrom added that he would imagina that counsel for the developer has m~de some determination as %o their rights and your rights. Killer then accused ~he Town of mismanaging the Raleigh Tavern Lane issue and again o~jeoted t.~ the subdivision being built a~ the end of a private street. Frank Oelinas then replied that the Subdivision Control Law addresses that question as follows-, when you buy property in an approved subdivision with the full knowledge that the To~n has the responsibility of n~g %ha% road until complstion you cannot bar the public at large; if you claim o~nership of that road you are not able to h~.ve any To~n services. ~ud C~; added~ he would be susceptible to a discontinn~cs of Town services if he pu~ up a barricade. And, he explained wha~ he does with existing subdivisions. Ben Farnum, Turnpike St.: inquired if the Con. Com. had looked into this yet - ~k~rano and three other members walked the site, but no letter received to date. August 6~ ~979 - cont. The Clerk read letters from Highway Surveyor, BPW and Fire Dept. All on file. Cyr added that he wished to recommend that "all drainage easements e_h-all be continuous throughout the subdivision". Also stated being in favor of the elimination of oul de sacs. Mr. Chepulie read report prepamedbyNs. St. Pierrefromthe site walk. Gelinas told those present that the oul de sac stops 200 ft. ~_ short of the~.proper~y line cutting off access to the Gre~t ~w~np. The Highway Surveyor voiced concern that there was no provision for continuing across the Swamp and brought up the fact that the Granville Lane plans for ~uture road easement w~uld be in close proximity to this property. Subdivision Control ~ubcommittee can change its mind as long as the grade is o~A-ged, otherwise the cul de sac has to go; the Con. Com. feels the same. Mr. Gelinas recommended that R. T. No. and No. be re-named Rmleigh~Tavern Lane Because there will be no need for "No. and So." once the loop is ex$ended. Howard Thompson, 277 FarnumSt., talked about house numBers. Motion made by DiTore and BecondedbyMonteiroto take the matter under advisement and hope go receive a letter from the Bd. of Health. Unanimous vote. ~ept. loth is dead- line for decision. O. i~REDERICKS, Granville Lane & Salem S~.: George Farr stated that they weald withdraw without prejudice if the easements present a problem. R. 0pse said that Westboro knows what the rut;ute plans are regarding the easement of N. E. P. Susan told the membership that the main purpose of the plan is to show change in acreage on Lot A to 4 acres. George Schruender stated that the 4 acres will allow the b~yer to have 2 horses and at the same time it was felt that an access easement could be put on lot 25. R~quested withdrawal without prejudice. Motion by Monteiro to allow the applicant to withdraw without prejudice. Hedstrom seconded and the vo~e was unanimous. GEORGE FARR RE SAL~ FOREST BOND: letter from Cyr was read which included the amount for the BPW. Michael Morris, attorney, representing Mr. Fart stated tha~ for Phase III Oyr needs $35,000 but there is alrea~ $5000 left over from Phase II so it comes down to $30,000 for Phase III bond amount. Bank passbook in amount of $8,500 which P~.4NNING BOARD holds has accrued interest and is now worth $9,444. We are actum/ly holding $62,~9 total for Phase II and $26,88~ would give us the $89,000 we need for bond amount on Phase III. Mrs. DiTore,w~le a motion that upon the completion of the Subdivision AgTeementwith Farr's and Andover Savings Back signatures the Ohairme___~ is authorized to sign the release of lots 20, 2~, 22, ~7, ~8, & 39 with a completion date of Oct. l, ~979-Binde~ and full complet~ondmte for Oct. 1, 1980. Seoond byMr. Monteiroandunanimous vote. WINTER HILL (HAI~W) B~: Request for Partial Release - letter from Gelipts read by,he Clerk. Also read were letters from Highwmy~urveyorreccmmending$20,0OOand recommending $26,~00. Notion _ma_.~e by Mr. Monteiro to release a total of $36,500. Mr. Hedstrem seconded and the vote was unanimous. DECISION: CAMP~ FOREST - No~ion made by Nonteiro,~seconded by DiTore to approve the defini$ive subdivision plan of Campbell Forest' subject to conditions as lis~ed on Planner's notes (see folder). During discussion N_rs. DiTore stated that she would like to see streets A & B named. Motion was amended by same to include "Joann Drive" for Road A and "Donna Drive" for Road B. In favor: Chepulis, DiTore and Non%eiro. ~posed: Hedstrom. Motion oarries. Aug. 6, ~979 - cont. CARLETON FARMS WEST (Cricket Lane) ~ ~YBMITTAL: 01erk read letters from Highway ~rveyor dated Aug. 3 and BPN dated Aug. 2 leaving $1200 for P~wN and $40,000 for High- way. Upon motion of Mr. Monteirc and second by Mrs. Di~ore to set bc~d amount at a total of $41,200 the BOARD vo~ed unanimously in favor. Release for Lots 1-8, Carleton Farms West: Motion by N~nteiro that the BOARD hereby release said lots. Second by DiTore and vo~e unanimous. BOARD 01~ APPEALS LEC, AL NO~IOES.. B~-RKE - No objection to the proposed application. Unanimous. CRANE - Recommend no objection. Unanimous' LETTER ~RON ~ C0~NSE~, RE P~ STS. AND BUILDIN~ PERMITS: was read by the Clerk. Joyoe stated that by MVPC information the BOA~D could deny Form A's on paper s~reets. Nust be further explored. Cyr said he will not service a street that is no~ brought up to specs. D~INITi~ ~IBDIVISIC~ PLAN SU~TTAL: INGALLS CROSSING -Publio heari~: Sept. 10, 1979; S~bdivision Walk - already walked at prelimi~a?y st&ge, ~ FROM BUD Cl~ RE ANDREW CIRCLE: All is:well. Mr. Cyr would like letter from BOARD to go to Selectmen in order that they may;~prooess check in amount of $710 from Andrew Circle Realty Trus~. LEGAL NOTICES: Naverhill - read and on fils. ~SOELLANEOUS NAT~RS: NAR]YI~C~RT ESTATES Re "Pre-trial hearing" on Frida~ at Campion Hall. Consensus of BOARD members was that the Chairman should attend, but concede nothing at that time. Meeting adjoua~led at 11 P.M. wil Chepu ' m irman ~ilda Blackstock, Secretary