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1979-12-03December 3, 1979 - MONDAY Regular Meeting The PLANNING~BOARD held a regular monthly meeting on Monday evening, December 3, 1979 at 7:50 P.M. in the Town Office Meeting Room. The following members were present and voting: William Chepulis, Chairman; John J. Monteiro, Vice-Chairman; and Paul A. Hedstrom, Clerk. PLANS NOT REQUIRING APPROVAL: NORTH;J~OVE~ PINE CREST REALTYTRUST, Bradford & Pond Sts.- plan dated Nov. 30, 1979. Scott Gile~ representin~ stated that it is just a shift in lot line to accommodate a garage. Planl showed Lots B1, C1A, C2A, D1A, and DtA. After review of the plan, Mr. Monteiro made a motion to endorse as not requiring approval under subdivision control law. Mr. HedStrom seconded and the vote was unanimous. · INGALLS CROSSING PARTIAL COMPLETION: letter from Highway ~urveyor Cyr dated Dec. 3, 1979 was read by Clerk Hedstrom. ~san St. Pierre reminded the BOARD tint we had asked that certain items be completed by Dec. 1 per our letter. Mr. C5~ told the membership that mostly everything had been done. PADDOCK ESTATES: REQUEST FOR BO~ RELEASE - letter from Mr. Cyr dated Dec. 3, 1979 was read which recommended that the sum of $10~000 could be released. Motion ~¥ Monteiro that the amount of $10,000 be released leaving a balance of ~50,000. Monies to be released upon receipt of letter of request from applicant. Second by Hedstrom and unanimous vote. Re drainage easement: Scott Follansbee, developer, said he had made a note to make sure that the necessa~y easements will be shown on the lotting plea and will get it recorded by Priday of this week; also, to send BOARD notification of the recording. CORRESPONDENCE: a) BOARD OF APP~ALS RE WATSON L~ND - letter dated Nov. 30, 1979 was read by the Clerk. They put the PLANNING BOARD on notice that this Rermit does e~ist and that the ultimate use of the land is for development. b) COPY OF LETTER FROM H. HYDER TO CON. COM. da~ed Nov. 79, 1979 regarding lots on 'Winter Hill Estates to be deeded to the To~m. Ldtter on file. c) PP~4/~ GELINAS RE FOREST ESTATES, Lyons Way - letter read by the Clerk was dated Nov. 29, 1979. A Work Session will be held on Dec. 10 with Highway Surveyor and Con. Com. to discuss this matter. BOARD OF APPEALS DECISIOM: ST3U~4RD R~!LTYTRZ~STi- variance granted. BUDGET: Chepulis to work on it this week. QUESTIONNAIRE - LAND USE: Fritz Ostherr, Chairman of the Committee to Study Land Use offered to come in and talk the form over to see if there were any questions. Monteiro su~=~esSe~ that Planner, as far as pos~ible~ f~ll one out in. order to ~.ve ti~e. The BO3~RD d_eoi~ed to submit a oop~~ to each memb~er for review and comments; the evaluation section to be answered individuallg~. All tiie ~esYions were gone over by the three ~embers present. Memo from B. Sulli~ re Ditto Instant Pri~ng,: so noted ~d file4. 'The re,est was ~p b~ ~laced on a hid list for To~ work. MISCEL~EOUS ~TT~S: Work Session to be held on Monday Dec. I0 - items on Agenda are Budget, Questionnaire, and Lyons Way drainage. Gilda Blackstock Meeting adjourned at 9 P.M. Chairman ~~Secret~y December 17, 1979 - MO~rDAY Reo~ular Meet inc The PLANNING BOARD held a regular monthly meeting on M0~DAYEIr~?ING, DECE~ER 17, 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; Paul Hedstrom~ Clerk; Joyce A. DiTore; and Michael P. Roberts. PLANS NOT REQUIRING APPROVAL: a) A. I~ILLE~ - Cricket Ls~e: S. Giles representing stated that this is a lot line change because one foundation was too close to the line to meet zoning req~irements. Motion made by Roberts to endorse the plan of land Dated Dec. 6~ revised Dec. 11, 1979 as not requiring approval under subdivision control law. DiTore seconded and the vote was unanimous, b) SCOTT PROPERTIES - Paddock Estates: S. Giles representing showed the plan o~ lots 3A to 6A. Beck, se of Bd. of Health regulations the systems for ~A, 5A, and 6A have to be in a certain spot which required a change in lot lines. Mrs. DiTore made a motion to endorse as not requiring approval plan dated Dec. 10, 1979 and Mr. Roberts seconded. Unanimous vote. c) TO~YSHIP REALTY TRUST - Salem St.: S. Giles representing stated that lot lines were changed to accommodate houses encroaching on the setbacks. Upon motion of Roberts and second of DiTore the BO~LRD voted ~manimously to endorse as not req~uiring approval under subdivision control law plmu of land dated Dec. 13~ 1979. d) OUSLER - Osgood St.: same plan as previously submitted and denied. Now they pro- pose that the second ho~se on the lot is a carriage house which would be considered an accesso~ use. ~ssm St. Pierre, Planner~ told the membership that they said To~ Counsel okayed it. Chepulis commented that the only written opinion we have from Town Counsel is advising the BOARD not to sign. Motion made by Hedstrom that the BOARD not act on the petition until such time as it is provided with additional information. The applicant may withdraw without prejudice. Monteiro seconded and the vote was U~ni~ous, DECISION: %~LLOW INDUSTRIAL P~K - Regan and Grasso were present. Much discussion took place regarding work already done on Willow St. Mr. Roberts made a motion to approve the plan of land entitled Willow Industrial Park subject t~the standard conditions and the following: that any changes made t0 the definitive plan by other town agencies or officials shall be s~bmitted to the Planning Board by the applicant; that all water improvements shall be in accordance with the BPW letter dated 9/24/79 and, that, in accordance with the BPN letter dated 11/26/79 the said subdivision has approval for sewer connection in accordance with the standards and specifications of said Board~ and that, in addition to a water construction bond, a sewer bond figure of $13,000 shall be posted; that, in accordance with the Highway Surveyor's letter dated 9,/~/79: a) all cross over manholes shown on plan shall be catchbasins; b) basins shall be off the road and swaled to accommodate the m~xim~ flow of water; o) in accordance with the Highway Surveyor's letter dated Nov. 26, 1979, the road shall be paved with 2~." of binder and 1~' of top; there shall be 3/8" to the foot crown on road; £~avel shall be free of stones in excess of 6" dia. and shall meet State D.P.W. standards; a leveling area shall be provided where Willow St. intersects Turnpike St.; Willow St. shall be improved in accordance with the subdivision desig~ standards for industrial streets; and the cul-de -sac shall be paved; that, in accordance with the Bd. of Fire Engineers letter dated 11/16/7% and as shown on said plan by said Board of Fire I~gineers: a) a hydrant shall be installed at the intersection of Turnpike & Willow Sts.; b) a fire alarm box shall bec. 17~ 1979 - cont. be placed on FlaEship Drive at approximately station t3+50 at approximately the center of the front lot line of lot J; c) that~ in accordance ~.~th the Board of Fire Engineers letter dated Sept. 17, 1979, the fire alarm wires shall be extended from Turnpike St. to the end of the subdivision per the Fire Dept. specifications; that aNotice of Intent shall be submitted by the applicant to the No. Andover Conse~zation Commission pursuant to M.G.L. Ch. !31, s. 40; that a Certificate of Compliance pursuant to M.G.L. Ch. 131, S. 40 from the Conservation Commission shall be required of the applicant prior to the final release of any bond or covenant; that the setback req~irements found in the Town of North Andover's Zoning By-Law, pg. 44, Table 2, "~unmary of Dimensional Re$%irements", shall be adhered to;land, that all work in said subdivision shall be completed no later that 12/17/$2. The! motion was seconded by Mr. Nonteiro. M~. Regan inquired if they could continue with the road work in spite of condition ~3 - the BOARD told him to get his security in immediately. He then asked if the ~13,000 amount for BPW could be waived. He was advised -to get a clarification from Joe Borgesi. ~e vote on the motion was mnanimot?s. BOI~D RELEASES: a) I~GALLS CROSSinG - letter from Ol$~pic Construction dated Nov.. 1979 was read along with the Highway Surveyor'siletter dated Dec. 17, 1979. Recommenda- tion was for $25,000 release for road work completed. ~o recommendation was received from the Board of F~blic Wo~s. Motion made by ~!onteiro to release ~25,©00 and seconded by Roberts. Unanimo~_s vote. b) WINTER HILL ESTATES - letter of request received and read from Gelinas' office dated Dec. 17, 1979. Recommendation from ~ghway Surveyor dated Dec. 17 as follows: Phase I: no release; ~ase II: no release; l~hase III: ~ravel and binder coat - $29,200. Upon motion of Monteiro and second by Roberts to release $297200 the vote was ~n~uimous. (~nis leaves balance of $45,000 to complete all remaining work under the Highway Dept.) Regarding Cyr's reference to "defining drainage!discharge at the circle" in his letter, apparently when they re-designed it the cul-de-sac was changed. He would like them to commit the easement or connect it to the existing drainage~ and requested that this be included in the record. The Secretary to write,to A1 Higgins reminding him of the above request. Scott Giles, present at the meeting~ stated that they are going to go the easement route. LAND USE QI~STION~AIRE: finalized by the BO~!RDiand to be turned in to the Committee. CON. COM. LEGAL NOTICE: Dec. 19th, BP~,'¢, for e~ension of sewer. On file. CORRESP0}!DENCE: ~/PC RE RESOURCE RECOV~.RY FACILITY ACC~oo ROAD - Motion made by Monteiro that the P~LNNING BOARD support the town's reprtsentatmves suggestion that an alternative road be built and is in favor of the Ma. DPW co~ns a meeting to discuss the points of opposition. Roberts seconded and the vote was o~nanimous. gAPITAL ~UDGET RE 1981~$6 PROGRt~'.{: it was determined that we would have no major ex- penditures in this period. So received and filed. ~ISC.~LLANEOUS ~.~TTF~S: Correspondence from Att~. General re submitting zoning by-law changes by adhering to specific procedures~ etc. To be placed on file with the Planner for ~ture reference. Atty. McInnes Re Ou. sler Porm A: told membership that the second building on the lot would be called a garage as it is used by Dr. ~s!er for same.an8 would be uninhabitable He had talked with Town Cotmsel who: he sai~ ag'res8 that this would be an accessory use. Susan St. Pierre~ Planner, pointed out that there is not enough frontage for 3 lots. Dec. 17, 1979 - cont. Mrs. DiTore stated that she understood that it is a dwelling and cannot be endorsed as not requiring approval. Er. Chepulis added, that the BOARD was told the last time this was discussed that there are complete living facilities even thovgh most of it is probably for storage and/or a g~rage. At this time, he continued, we have nothing to substantiate Town Cormsel's opinion. ~!nnes repeated that if this is an aocesso~ use it could be sloshed according to Tov~ Counsel. Messers Roberts and Monteiro stated that they would go along with Town Counsel's ruling if and when i% is received. Brian Colsia Re Prescott St. Development (Per J. Monteiro): Atty. Timothy Schiavoni H~verhill, e~plained that they desired to submit a bond fidure. DiTore made a mo%ion to take the matter up on the next agenda. No second received. Motion then made by Monteiro to take the matter at this time. Hedstrom seconded. VOTE: Monteiro and Hedstrom in favor; DiTore and Chepulis opposed; Roberts abstained. The motion did not carry. It was noted that we had not received any letters of recommendation from other town departments. The meeting adjourned at ~:30 P.~. Chairmsm ~~ecretar3r