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1979-09-24September 24, 1979 - MONDAY Regular Meeting The PLANNING BOARD held a regular monthly meeting on Monday evening, September 24, 1979 at 7:30 P.M. in the Town Office Meeting Room. The following members were present and voting: William Chepulis, Chairman; John J. Monteiro, Mice-Chairman; Joyce A. DiTore; and Michael P. Roberts. PRELIMINARY PLAN DISCUSSION: WILLOW INDUSTRIAL PARK- Robert Regan, The Willows, appeared before the BOARD to discuss the proposal which consists of 60% of the total land that he holds. Th~ work will be done in two phases; the plan shows a temporary turn-around; lots C', D , & E are sold. Regarding the letter from Board of Public Works, Regan eta%ed that the sewer tie-in includes the industrial park, the professional park, and every abutter within 1 mile and they already have a permit that was granted last winter for ~O,000 gal. He will submit copy of this permit with his definitive submittal~ as requested. Letters from Fire Dept. and Highway Surveyor were read. Member Monteiro made a motion to take the matter under advisement. Mr. Roberts seconded and the vote was unanimous. The Subdivision Control Subcommittee will w~lk the site on Oct. 13th. PLANS NOT REC~IRING APPROVAL: 1 - DANIEL MURPHY, Great Pond Rd. & Pleasant St. - plan dated Sept. 17, 979. Mr. Murphy's signature not on the form. Mr. Roberts motion was not to act on this due to the fact that the signature of the owner was missing. Mr. Turtle withdrew without prejudice. Will be turned ia with proper signature for next meeting. 2 - R. A. WATSON, Forest St. & Missile Site Rd. - plan dated Sept. 19, 1979, subdivided into 4 lots (A, B, C & D). Mrs. DiTore asked what the purpose of the submittal is - Scott Follansbee stated that it is for mortgage purposes. Mr. Roberts then made a motion that the plan of land located inN. A., Mass. be endorsed as not requiring approval under subdivision control law. DiTore seconded and the vote was unanimous. 3 - CHARLOTTE VIET, Bridle Path - plan dated Aug. 15, 1979; lot line oha~ge for convey- ance purposes; plans show lots 2~A & 25A~ owner's signa~ares not on the plan. Susan St. Pierre, Pl~-~er, to check on ownership. Plan endorsed ~s not re,airing approval under subdivision control law subject to owner's signature. Secretary's note: Applicant and owner were found to be one and the s~me so plan could be endorsed. 4 -DANIEL MURPHY, Great Pomd Rd. - same procedure as previous Murphy plan. Turtle withdrew without prejudice. DECISI~: INGALLS CROSSING II DEFINITIVE PLAN - M~ion made by Mr. Monteiro to approve the definitive plan with conditions as noted on Planner's recommendations plus that con- struction shall be completed within 3 years of the star~ing date which shall be within 2 years of this date. Mr. Roberts seconded. Letter from Con. Com. dated Sept. 14, 1979 was read by the Clerk,regarding drainage and elevation. After the letter was read Mr. Cyr com~mented that we are going to start having conflicts between the Con. Com. and the drainage. He did not agree with everything they said. These retention ponds have not worked yet, he said, and they are nothing more that a good conversation piece. He felt that all drainage elevations should be taken from the existing flows on the particular site. Follansbee, developer, stated that they a~reed to meet the 104.5 of the Con. Com. Cyr said he would recommend the 102. The BOARD concurred that it does not have the right to set a precedent here because an Order of Conditions has been issued by the Con.Com. Sept. 24, 1979 - cont. Gelinas stated that he was against the 104.5 from an aesthetic point of view because the inver~ of the pipe will be dry most of the year. The Con. Com. has refused to back off on their position, he said, and it will work either way. He had lowered the slope of the pipe from 1% to .6%, which is very minimal. John Nonteiro then amended his motion to delete #9 (specifying 104.5 elevation). Second by DiTore. Mr. Nonteiro'e opinion was that Mr. Cyrhas made very few wrongdecisions in the past and kind of agreed with Cyr's recommemdation. Cyr said he would like the Con. Com. to substantiate what is so critical about the 104.5. Hedstrom felt the BOARD should review the revision by Frank and see if we can accept it. Gelinas then asked Cyr what it is that he is against regarding the higher road and .6%pitch to the pipe - Cyr felt it was unnecessary larger pipe. Gelinas commented that the solution was made by he and theldeveloper to accommodate the drainage and fulfill the statutory requirement of the Con. Com., namely, the water table. Susan St. Pierre felt that by keeping the condition regarding the ~04.5 elevation requirement we would be avoiding a fUture conflict, the Con. Com. has already put out an Order of Conditions. And, the Town will have easements to maintain it. VOTEon amendment re#9 -unanimous; VOTE on original motion with complstion date within 3 years of beginning which shall be 2 years from this date, unanimous. JOHN TUTTLE: ~) BRIDLE PATH - began to install the additional drainage that Cyr requested. The basins in front of Lot 8 (Eayes) were uncovered today, they were covered with plywood and graveled over and they will raise them as soon as they get the materials. He said he would like to begin completion of the road to Timber Lane as soon as possible. Mrs. DiTore asked Cyr is he was satisfied at the rate the work is progressing - yes, if he intends to keep on going to complete it and tO make the connection. Turtle said he is making his best effort to complete it and rsmindediBOARDthat hedoes have until July 1980. I am subject to the availability of subcontractorsi he added. Mr. Chepulis then reminded him that it would bewise to minimize any h~zardouS conditions that could be a threat to the safety of the people living in the area. Turtle - agreed with that position and stated that he had already installed an extra piece of drainage and has agreed on a second piece between lots 8 & 9 which will be done within the nex~ 2 or 3 weeks. Mr. Hayes stated that Mr. Corwin was also present and submitted letter From the Postal Dept. to the membership. Diagram attached to letter showing the problem as it exists in the winter. Letter on file. On copy of approved ~lan showed Where 2 catch basins were to be in front of Lot 31. He alleged that there is no drain or headwall and requested that the BOARD order the developer to conform with the definitive plan. The Highway Surveyor stated that this drainage was directed down rather tb~ be discharged into two head walls and we are more than doing wh~t we canto accommodate the drainage, And, it is nothing unusual to receive this kind of notice From the Post Office either. As far as the safety hazard, he claimed that no one contacte~ his office about it last year. Turtle stated that he was not notified. Hayes said that he notified Mr. Zaloga who told him that he would take care of it and brought up letters from Cyrwhichhehad obtained copies of regarding the drainage. Chepulis told him that some things have to be changed in the field. Much more discussion along the same vein regarding~the drainage ending with Mr. Cyr telling those present that Bridle Path has more drainage per lineal foot than any other subdivision in the Town and it won't be 100% effective until everything is completed; if Tuttle does everything he says he will do before the winter he did not think Hayes would be subjected to any hazardous conditions. Mr. Corwin added that this water is 4-5" deep in the winter and concerned that these drains uncovered today being finished drains are actually 13 feet below. Will their problem be solved'if they bring them up to meet the street? Cyr stated that it is no~ unusual to raise drains a couple of feet. Mr. Chepulis stated that he viewed the site on Saturday at Hayes' request and the only pool of water he found iwas in front of Corwin's driveway.which is in a hollow. H~yes is up high and any water he igets runs downward. It was raining and couldn't see any signs of standing water in front ~f Hayes' property. Even in front of Sept. 24, 1979 - cont. Hayes, driveway he felt the situation could be easily corrected - the catch basin could be lowered slightly, but it is the slope of the driveway that makes a trench and traps water. Mr. Corwin interjected that it is the easement on his property that has been violated and stated further that Mr. Cyr has been very nice to them and hopes the problem will be taken care of this fall. Mr. Chepulis emphasized to Mr. Turtle that it should be done this Fall. b) QUAIL RLrN - Mr. Turtle stated that he did not reserve adequate sloping easements (near Hayes' property) and told Mr. Hayes. A 6 ft. shoulder on Hayes' side of the road did not fully satisfy him so asked Cyr if he could move the hot top over and reduce the other side to 6 feet.. As a matter of precedent, Cyr does not want to approve this. He then requested that the BOARD allow him to move the road 2 ft. away from the Hayes property thereby allowing him to reduce the road for approximately 200 ft. Was willing to ~take any steps to correct the condition. And, further, Bud Cyr has approved in the field a 6 f~. shoulder on one side and 8 ft. on the other; the plans called for 8 ft. and 8 ft. The road would still be 26 ft. wide. Cyr stated that he had no objection to shifting the pavement. Chepulis then asked that Tuttle submit his request in writing to be taken up at the Oct. 2 meeting. CARLETON FARMS WEST (Cricket Lane) - req~uest for release of subdivision bond; letter from Highway Surveyor dated Sept. 24, 1979 was read. Deferred until next meeting per Ben Osgood. PADDOCK ESTATES "AS BUILT" PLANS - Frank Gelinas reRresenting and asked that the profile be accepted as presented. Asked that the Highway Surveyor perform an inspection aud that the BOARD transmit a copy of the plan to him in order that he may make a recommend- ation to the BOARD. Generally explained some of the deviations in the drainage design. Susan St. Pierre, Planner, told the membership that it must set a new completion date because the original one was for Sept. 1, 1979. Cyr and Thompson were given a set of the plans. WINTER HILL REVISED PROFILE - Cyr asked for time to review before giving approval. So granted. F]~ PROPERTY DISCUSSION - Ben Osgood & Frank Gelinas for 397 Realty Trust, applicant. Gelinas stated that they are requesting a Special Permit to expand GB District 100 Ft. Location is bounded by Andover St., Furniture Barn and Shopping Center (Spree). The GB line comes in through this property and goes across mall property and Town owned land. They are willing, under the Special Permit process, to limit the use to B-4; the structure will not be altered and will be used for offices. Mr. Gelinas stated that this explana- tion was given so that the BOARD knows what will be going through the Board of Appeals when it comes time to make a recommendation. C~. COM. ~EARING NOTICES: FR~ICKS - 1) Granville Lane and 2) Salem 3%. So noted~ and filed. LEGAL NOTICES: Lawrence, Andover received and filed. MISCELLANE~S NASal'ERS: Mass. Federation Fall Meeting at Yankee Drummer in Auburn, Ma. on Oct. 27th. Members to attend to date: Chepulis; Susan 3%. Pierre, Planner. Notice from Bd. Selectmen Re Town Report & Essay by Oct. 31st. JOHN THOMPSON RE WILLOW INDUSTRIAL PARK: that sewer is under a stop connection order by the State; they are not going to be allowed to tie in to that sewer, he claimed. Sept. 24, 1979 - cont. There is a surcharge problem. The BPW is not being allowed to let the Archdiocese conneot into that same sewer. Nr. Thompson stated that Regan already knows this. Mr. Chepulis asked him to have ~nother letter sent out from the BPW. Meeting adjourned at 11:30 P.M. ~~ Chairm-_.~ W~I1 i~m ChepuI is// ~ ,,~~ Secretary / Gilda Blackstock