Loading...
1979-10-22October 22, 1979 - NONDAY Regular Meeting The PLANNING BOARD held a regular monthly meeting on Monday evening, October 22, 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, Vice-Chairman; and Joyce A. DiTore. PLANS NOT REQUIRING APPROVAL: 1 - GEORGE 0USLER, 0sgood St. - Peter Slipp, atty,, represented Dr. Ousler.' Plan dated October 1979; it was noted that two houses exist on one lot. Atty. Slipp stated that one of ihe houses would be razed. Ben 0sgood requested to be recorded in opposition to this plan because he felt there is adequate area on which to have another house lot for the second house. Mr. Monteiro made a motion to endorse the plan as not requiring approval under subdivision control law and received no second. Mrs. DiTore then made a motion that this plan not be endorsed due to the fact that two dwellings exist on one lot. Mr. Mon%eiro seconded and the vote was unanimous. 2 -FRANCIS DE CESARE, Ash St. - Mr. DeCesare, who drew up the plans, and Robert Houghton were present. Told BOARD that the land is owned by Rita Houghton, Robert's mother. The son wishes to combine two lots in order to build a garage to accompany his house. Parcel C is existing and the remainder was one piece of land up until now. Mr. Chepulis told them that they were also creating lots E, B, and D and noted that no bearings were shown on the plan. DeCesare said that was because there are none given. It was alBo noted that lot E is undersized. It was suggested by the BOARD that these parcels should all be one lot because otherwise it will be recorded as it is and establish these other lots. Motion made by Monteiro to endorse the plan dated Oct. 2~ 1979, owned by Rita Houghton, as not requiring approval under subdivision control law subject to removal of the line between parcel D and B and the notation on the parcels. unanimous. Signature subject to the corrections BOND REL~SES: Mrs. DiTore seconded and the vote was %eing completed. 1 - GREENWOOD WEST - Motion made by Monteiro and seconded by DiTore to deny the request because work has not been finalized. Letter fromi!Highway Surveyor Dated Oct. ~? was read and On file. Unanimous vote. 2 - CARLETONFARNS WEST (Cricket Lane) - letter from Highway Surveyor read and on file. Mr. Monteiro made a motion to release $15,000 forroad work completed. Second by DiTore and unanimous vote. 3 - QUAIL RTIN - hand written note dated Oct. 22, !97~ from J. Turtle recfuesti~g release was read; letter from BPW dated Oct. 22nd was read which recommended release of $5400 for water construction; Highway letter dated Oct. 2~nd read recommending no further releases be granted until the drainage is finished and asked t}mt Tuttle be given a nudge to this end; no Town services will be given until this is done, Cyr said. Mr. Tuttle stated that he resented this statement and alot has been done since he was last here, the bond release has nothing to do with how fast or how slow it is hot topped or graveled or how fast or slow the houses progress. The sewer is in, the gas has been installed and he is almost ready to hot top, he said. Felt there may have been a little misunderstanding. Cyr voiced surprise that Turtle did not feel committed to gravel and hot top because there are homes ready to be moved into very soon. He is not about to go through another winter fighting with the residents due to the failure of~the developer. Motion made by DiTore to release $5400.00 for BPW, second by Monteiro. iUnanimous vote. Balance: $85,600. Oct. 22, 1979 - cont. WINTER HILL ESTATES: Susan St. Pierre, Planner, stated that she had check with the bank and ever~hing seems to be okay. Letter from Gelinas was read requesting $20,000 for sub-grading and drainage completed. This is a Phase III request. Letter from Highway Surveyor dated Oct. 22nd recommending $20,000 to be released,.also Phase III. Balance: $82,000. Recommendation of $15,000 release on Phase I. Notion by Nonteiro to 1) release $15,000 on Phase I and 2) $20,000 on Phase III. DiTore seconded and the vote was HARDTCO~RT ESTATES: Plan Change and Signatures - letter from Town Counselre court settlement was read. The Siipulation from the court was attached to this letter but was not read inasmuch as everyone was aware of its contents. Atty. Narden, counsel for John Warlick was present. Mr. Chepulis asked if we shouldn't have a copy of a ruling from the court in addition to this Stipulation - Narden said that the Judge would issue a judgment on this. Chepulis felt that all the verbal committments would have to be backed up with a document duly recorded. Narden then presented the BOARD with revised plans concerning the easement change. Also had prepared a Covenant reflecting the changes in the Board of Health condition and the Watershed Zoning condition. George Stern, Con. Com., asked if this Covenant means that Mr. Warlick is going to submit a Notice of Intent to the Con. Com. under item 1-E subsequent to the signing of this - Marden answered that they have already submitted one and, also, the note on plan by Town Clerk was reviewed with Mr. Willis. The Chairman then asked if there should~be a date as to the filing with the court - Narden said the date of the Stipulation could be put in the note. Mrs. DiTore made a motion that the plan known as Hardtcourt Estates ~rith the new changes in accordance with the Sti~ulation agreed upon on Oct. 17, 1979 be accepted~ plan pages lA, 2A, 3A, and 4A of 4A dated Jan. 10, 1979. Nonteiro seconded and the vote was unani- mous. Upon motion of DiTore and second by Nonteiro to set completion date as follows: construction shall start within 2 years and finish within 3 years from date of beginning the vote was unanimous. Narden to be forwarded a letter regarding this for Mr. Warlick's signature of agreement. OLYMPIC LAN]~ (INGALLS CROSSING): LOT D CONVEYANCE - to try and get it in for Special Town Meeting coming up in November. Ms. St. Pierre to take care of this via consultation with Town Cc~nsel regarding this route or whether or not the land could be taken by the Con. Com. Should it have to go through the Warrant, we will request the Selectmen to open it up for this Article. Completion Date: it has expired; send letter asking them to appear at our next meeting to explain why it was not met. WILLOW INDUSTRIAL PARK PRELIMINARY PLAN: letter dated Oct. 4, 1979 from BPWwas received and read re sewer tie in and wish that the Town not take over the pumping station. Bud Cyr, who would operate it if the Town does not take it over and once the industrial park is broken up into individual lots it could present a problem. The Planner was directed to ask the BPW for a more updated response. WILLIAM CYR: FRANKLIN ST. ALLEGED ZONING VIOLATION - voiced concern with the development of the street which is only a paper street; it is nothing more than a driveway. Board of Appeals decision of petition of 1972 by Tekla Kuryki was read which states that Pranklin St. will be a dead end street with no access to Chickering Rd. and only single family homes may be built. The barricade blocking entrance to Chickering Rd. have been taken down according to Cyr. He stated that he will not service the street if it is not brought up to standard. Charlie Foster to be notified that a possible ~-iolation exists and who- ever is doing this should be made aware of the conditions of the permit. O~[VIRON~ENTAL NOTIFICATION FORMS RE STONECLEAVE II - notification that the developer is appealing the Con. Com. decision. Notice so received and on file. Oct. 22, 1979 - cont. LEG-~L NOTICES: LAWRENCE; ANDOVER - so received and filed. BOARD OF APPEALS MEMO RE LIMITATION OF PONDS ON SUBDI~fISIONS: the memo was read and discussed. BOARD to send a note in reply stating that we will investigate the problem and ask for their suggestion as to a reasonable estimate of depth. MISCELLANEOUS MATTERS: Notice of Town Christmas Party to be held on Dec, 14th was received. Mr. ROBERT ERCOLINI, owner of Lot 14, Bridle Path, requested to be heard regarding the connection of Timber Lane and Bridle Path. Told the membership that most of the people out there are opposed to this connection. Asked that the BOARD schedule a hearing on this and notify the people of Bridle Path, Timber Lane, and Brentwood Circle in order that they may have the opportunity to review this with the BOARD. His lot, on which he does not reside as yet, is at the entrance tolthis connection. He is affected and all the residents are effected by the decision that w~s made to connect. Chairman Chepulis reiterated, for Nr. ~Ercolini's benefit, what the PLANNING BOARD'S position is - cited Rules & Regs., began with Brentwood Circle subdivision and residents' consign about construction vehicles on their street, amd reiterated condition of approval whereby 6 months prior to completion this road would be opened up. Mr. Ercolini commented that it seems there is no way a citizen of N. A. can stop an approved subdivision. At this time'Mr. Chepulis brought it to his attention that if this could be done it would be a fiasco because throughout the state individuals would be changing subdivisions at whim; au people move in and out of an area they all have a different idea as to what should or should not be. Mr. Monteiro stated that he would abide by the Highwa~v Surveyor's point of view as long as he is on the BOARD and Will continue to do so because Mr. Cyr is always right about these things. Cyr thankedl John for his vote of confidence. He continued, that at the time of the subdivision approval he would have liked to have Bridle Path connected to Dale St. because it is for the good of the Town for snow removal, rubbish collection, circulation purposes; it is my job to get the best for the welfare of the Town over all and by connecting the streets there is alot more to be gained than to be lost. Ercolini asked what is to be gainedI - it is not just Bridle Path, there could be another 50 that come up in the next 10 years. Susan St. Pierre ~dded that, also, it is a good planning practice and that the BOARD acted according to the subdivision control laws. Ercolini asked Cyr again what is the benefit to the Town - maintenance, rubbish, snow removal; how many miles of highway in the Town - 170; how many square miles - 12; what is the area affected by Timber L~ue and Bridle Path - 60 ft. Mr. Che- pulis added that it is for efficiency purposes and then read from the Rules & Regs. Ercolini claimed that the argument for cost is n~gligible, that he had not been shown a significant cost savings. Cyr retorted that he couldn't get up figures from the top of his head. Ercolini felt that the possibility of a child getting hit by a car is far more damaging and vandalism can prevail by this alternate route. Vince Turano, resident of BreRtwcod Circle and Con. Com. member, then asked that if Turtle requests a modifica- tion of the subdivision will the BOARD consider it - that is the only way it could be reconsidered, said Chepulis. It is done, stated Turano. The meetin~ adjourned at 10:30 P.M. ?/' Gilda Blackst ock Chairman