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1979-09-10September 10, 1979 - MONDAY Regular NooSing The PLANNING BOARD held a regular monthly meeting on Monday evening, September 10, 1979 at 7:40 P.M. in the Town Office Meeting Room. The following members were present and voting: William Chepulis, Chairman; John J. Nonteiro, Vice-Chairman; Joyce A. DiTore; and Nichael P. Roberts. PUBLIC BEARING: ~NGALLS CROSSING II (Andrew Circle Realty Trust) - Sir. Nonteiro read the legal notice. (Note: plan of land on, sheets numbered 1-5 and 1A-SA) Frank Gelinas appeared for the applicant stating that this plan is derived from a preliminary plan submitted earlier; 2,000 ft. of roadway beginning at Ingalls St. and going to Laconia Circle cha_~acterized by 1-3% slope; serviced by municipal water, extension of 8" water line fl-om the existing 12" at Salem St. (Crossbow Lane) and will traverse entire length of subdivision to Laconia Circle. Topographical features shown on definitive plan depict several high elevations, a brook network that traverses the property from the north to south, pond lot is 6.2 acres wkioh, in addition to the pond, will give room for passive recreation; drainage consists of a 12" R.C.P. at Ingalls Rd.; an intermittant stream will be relocated on lot 20; for water drainage network see sheets 2A, 3A, ~A, and 5A of definitive submittal; ~ places going into pond westerly side from under Ingalls St.; lot 21, an intermittant stream and larger stream on lot 20 to be picked up along lots 4 & 5; in addition, egress from pond will be via 2 culverts. Elevation of the pond has not been substantially changed from the preliminary plan, it is now 101.9 and the size has not been changed (5~ acres). Easements in back of lots 3-11 to ensure that the Town has access to the pond for the purpose of slSping maintenance. Soil character- is~ics are wetland mucks, gravel, gravel type glacial till. Propose 21 lots, one of which was formally a lot on Laconia Circle. There is a New England Power easement located to .the north of the property which does not cross the roadway and should not present a problem. In response to Mr. Roberts' question as to what is going to happen to the pond, they are proposing that the Town take possession. There will be a 25 f~. access allowed to this pond lot. John Monteiro asked how deep the pond is going to be at its deepest point - 6 ft. Mr. Chepulis then asked how they came up with the size of the pond - by the needs of my client, Gelinas replied - attractive for lot sales and material saleable. They are presently going through the Board of Appeals for an Earth Removal Permit. Mr. Chepulis questioned how the pond is going to be filled - a water table on the site which will be broached and the 85 acre watershed via run-off. Letters from town depts, were read: Highway Dept. dated Sept. 10, Con. Com. dated Sept. 7, Bd. of Health, and Fire Chief. Nr. Gelinas replied to Cyr's suggestion of a mini- park by saying that it is knew~ that there will be ~ acres of viable passive recreation. Mr. Monteiro is chairm~ of a Committee appointed by Selectmen to study this pond lot. Monteiro stated that the Committee will be meeting within the next 2-3 weeks. There is a possibility that the Town may not want the pond, said Monteiro. Gelinas stated that they were not asking the BOARD to approve the pond or the pond lot. The size of the pond can be~ as little as 1 acre. They went ~o ~he Con. Com. a~ the same ~ime as processing the preliminary plan and really wanted to build ~his pond independent of the subdivision. There is somewhat agreement by now that a pond can be generated. Regarding elevation of 104, Mr. Gelinas said that they did not agree on this with the Con. Com. nor did they disagree because they had hoped to achieve this in the definitive stage but due to the roadway design were unable to do so. He felt that the Con. Com. letter implants a feeling of his client trying to get away with something and they intend to go back to the Con. Com. regarding this elevation.question. Joyce DiTore requested that the developer get together with the Highway Surveyor for an easement on the curve referred to in his letter. ~Motion made by Monteiro and seconded by Roberts to take the matter under advisemen~ until Sept. 24, 1979. Unanimous vote. Sept. 10,~79 - cont. JOHN ~d~LE: a) QUAIL RUNBONDRW~.~ASEREQUEST - letter from Highway dated Sept. loth recommended $20,500 to be relaased and ~ letter dated Sept. 10, 1979 recommended $20,000 to be:~eleased. ~r. Roberts made a motion to release $40,500. Mr. Monteiro seconded and the vote was deferred while PauL Hayes was allowed to speak. He is a resident of Bridle Path who is dissatisfied with Mr. Tuttle'a performance on roadway and drainage improvements. He claimed that there was no drainage put in front of his house, the street is not finished and not properly landscaPed. As a result of this lack of drain- age, Mr. Hayes stated that in the winter he get a ~ond at the end of k is drivewaywhich freezes; this allows passage of onlyone car at & time which is da.ugerous to children; also, there is no mail delivery. He then statedlthat Mr. Turtle and his attorney frankly refuses to do anything about the problem. How can the PX~NNING BOARD allow him to do further development in this Town and give him releases, he asked? Much discussion ensued regarding the Bridle Path subdivision. Mr. Turtle rebutted by stating that Mr. Hayes is fond of making incorrect and misleading statements and that his claim of no drain in front of his house is, in fact, there and will be ~uucovered very shortly. Mr. Cyr and Mr. Turtle had suggested the completion date for Bridle Path totally independently of any of the abutters. Aud, f~rther, he stated, that at no time did he tell an~vone on the street that he would not complete it and is in sympa~hywith their problems. Pipe on the street is Scheduled to be installed after a site inspection by Mr. Cyr, the road is still in progress and is nowhere done. Mr. Monteiro asked Cyr if this problem can be resolved by winter - Cyr reverted back to when he had to deny services because there was no proper turn-around and felt the only leverage=is with the bond money. Mr. Turtle re-emphasized that this work was scheduled way before Hayes' complaints. Once again, Hayes asked the BOARD not to release any monies. Mr. Chepulis told him that this could not be doue, it would be discriminating to hold money from one subdivision on account of another and it would not be legal. Nike Roberts suggested contacting Town Counsel to get an opiniou ~n the matter. Chepulis answerediby saying that we have duly recorded documents on file and monies are set aside for these things. Mr. Cyr also agreed that you cannot deny monies on work that has already been done. Mr. Hayes offered to supply the BOARD WIth a brief showing that the PlanninglBoard has the stututorypower to not release "Quail Run" money until"Bridle Path" is fixed. Mr. Hayes, abutter to Quail Run~ who has a problem with sloping on his property aske~if the money is released would it jeopardize the solution to his problem - Cyr: no, there is still suffioien~ money to take care of this. iTut%le affirmed the existence of the problem and admitted it is his fault~and will do everything possible to take care of it. Regarding the pond mentioned in Cyr's letter, he stated that he will also take care of that but is not ready yet to do so. Mr. Monteiro agreed withMr. Roberts request to obtain a legal npinion from Town Counsel on the matter of release. Previous motion and second were withdrawn. Mr. Hayes, "Quail Run" abutter, stated that he did not want to prevent money from being released if his problem would be solved. Mrs. DiTore then made a motion tO release $20,500 (Highway) and $20,000 (BPW). Mr. Chepulis relinquished the Chair and seconded the motion. V~UE: 3-1, Mr. Roberts in opposition. Motion carries. b) BRIDLE PATH-Turtle stated that he would take care of the matter within 2 weeks. Joyoe asked that the BOARD be notified if he has not done so within that time for the Sept. 24th meeting. Cyr cautionedanyone who has not had a driveway approved that they not install a permanent one because it will be costly to them. He added %bat he would meet out there with anyone. Hayes (Bridle Path)felt that the con%our of the road effects proper drainage; Cyr said there is really nothin~ wrong with the confer except for additional shaping, etc. Mr. Medeiros asked about the cc~ection between ~mber Lane and Bridle Path and s~ated that they did not want to be connected with that ~oad ever. The Chairman told him th.at Sept. 10, 1979 - cont. the BOARD is not acting on that tonight. Mr. Nonteiro made a motio~ that no added business be taken after 11P.N, Nr. Roberts seconded. No vote taken. PLANS NOT REQUIRING APPROVAL: 1 - DAVID KINDRED, Forest St.: land swap only. Notion by Nonteiro to endorse as not requirin~g approval under subdivision control law plan of land dated August 1979. Second by Roberts. Vote unanimous. 2 - DE~ CORP., Cricket Lane: lot line chang to accommodate setbacks. Motion made by Roberts to endorse as not requiring apprcval under subdivision control]aw plan of land dated Sept. 7, ~979 and seconded by DiTcre. Unanimous vote. 3 -CALZETTA'S ~ARN& RIDGEWOOD CEMETERY, Johnson St.: Frank Gelinas stated that this is Oalzatta's property; they are retaining 3 lo%s, 2 with fronta~ on Abbott St. and Lot C with frontage on Johnson St. Lot D is being sold to Ridgewcod Cemetery to ex%end its facilities. They have received approval from the Board of Health as an acceptable site. Motion by DiTore to endorse as not requiring approval under subdivision control law plan of land dated Sept.'7, 1979 subject to engineering stamp and signature being placed on the plan. Roberts seconded and the vote was unanimous. 4 - GEORGE FARR, Granville Lane: making access easement part of Lot 22A instead of Lot 21. Mr. Monteiromade a motion to endorse as not requiring approval under subdivi- sion control law plan of land dated Au~st 22, 1979. Unanimous v~te. (Second by Rcberts) DECISION: RALEIGH TAVERN E~TAq~S PNASE II -Frank Gelinas reiterated that Mr. Cyr had serious objections to the cul-de-sac and showed BOARD the profile of Raleigh Tavern Lane with approach to Woodchuck Lane. They had changed the 6% grade to a ~% approach 250 ft. in either direction of Woodchuck Lane to increase the visibility. In addition, instead of 50 ft. from Raleigh Tavern Lane, they pushed forward the 2% grade some 200 ft. prior to getting into the 6%. Cyrthought the cul-de-sac should be extended to the property line by PLANNING BOARD policy. Gelinas stated that they are willing to impose a condi- tion on the approval of the subdivision that Lot 11 be deeded over to the abutter (~arr) making Woodchuck Lane end at the property line of the applicant. Roberts asked ifl~at might be developed with a road through in the f~ture - Gelinas said no because it is a wetland and a very sensitive area. Letter from the Con. Com. dated Sept. 5 was read at this time by the Chairman. Mr. Monteiro then made a motion to approve the definitive plan of land with the boiler plate conditions plus the f~llowing: that the recommendations of the Nighwa~v Surveyor's letter dated Aug. 6, 1979 shall be adhered to as follows: a) the cul-de-sac (Woodchuck Lane) shall be eliminated from the plan altogether due to safety reasons and potential drainage problems pursuant to Sec. 81-4~, Ch. 41, M.G.L. and Sec. IV. Aa; IV A, C; & IV. E of the N. A. Rules & Regulations Governing the Subdivision of Land; b) the existing cul-de-sacs located on Raleigh Tavern Lane No. and Raleigh Tavern Lane So., where they will intersect with the proposed subdivision, shall be removed and the areas removed shall be graded and seeded; c) Cape Codberm to be installed where required, to be determined in the field; d) where berm is required, an additional two ft. shall be provided in the width of the street to accommodate the berm base; hydrants to be incorporated into the definitive subdivision plan by the applicant's engineer; that all water improvements excluding the placement of hydrants shall be in accordance with the recommendations of the Board of Public Works letter dated Aug. 3, 1979; that a oo%ice of In%ent Shall be submitted by the applicant to the Conservation Commission pur- uant to M.G.L. Ch. 131; that a certificate of Compliance, pursuant to N.G.L. Ch. 131, from the Con. Com. shall be required of the applicant prior to the final release of any bond or covenant; construction shall commence within two years from this date and Sept. 10, ~979 - cont. completion shall be withim three years of said commencement; that no work shall be done in the subdivision until security in the form of a bond or covenant has been duly recorded and the plans are signed amd recorded; that any changes to the definitive plan by other Town Agencies or officials sh~ll be submitted to the Pl~ing Board by the applicant; that as required by the Board of Health in its report to this Board, indivi- dual septic system permits must be obtained from i~he Board of Health prior to the issu- ance of a building permit under the rules and regulations of Title "V" of the State Sanitary Code. F~r. Roberts seconded the motion. Monteiro, Roberts and Chepulis in favor; DiTore opposed. GRANVILLE LANE: BOND R~.W~SEREQUEST - the Chairman read letter dated Sept. 10 from George Farr. Letters from Highway Surveyor dated Sept. 10 recommended release of $12,000 and BPW recommended $13,500. Member Roberts made a motion to release a total of $25,500 and Mr. Monteiro seconded. Unanimous vote. GRk~00D ~EST (Blueberry Hill~ BOND RELEASE REQUEST - letter from Highway Surveyor dated Sept. 10 received which outlined work yet to be done. Expressed concern about the cul- vert. Ben Osgood said they would complete it thi!s week. To be taken up at Sept. 24th meeting. CAMPBELL FOREST: COVENANT SUBMITTAL -The Planner, Ms. St. Pierre, had reviewed the document and all was in order. Motion by Montei~o to accept the Covenant as submitted and sign the plans. Construction shall begin within 2 years to be completed within 3 years thereafter. Second by Roberts and unanimous vote. PADDOCK ESTATES "AS HILT" PLANS: plans to be reviewed and to be acted upon a'~ Sept. 24th meeting. BOARD (~ APPEALS LEGAL NOTICES: a) NELCH - no objection; b) Piantidosi - no objection; ~) Abbott - reco,waend unfavorable action because it would be precedent setting; d) LaPointe -unfavorable action. Unanimous vote upon motion of DiTore and second by Roberts. The meeting adjourned at 11:30 P.M.