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HomeMy WebLinkAbout1980-03-18March 18, 1.980 - TUESDAY Regular Meeting The PLAY,MING BOARD held a reg~]lar mont.hly meeting on Tuesday evening, March 18, 1980 at 7:30 P.M. in the Selectmen's ~,leeting Room. The following members were present and voting: William Chepulis, Chairman; Joyce A. DiTore; and Paul A. Hedstrom, Clerk. The meeting convened at 7:55 P.~. and there were approximately 20 visitors. PUBLIC HEARINGS;(Zoning): 1 - Housekeeping Article Re Sec. 4.124: Table 1 does not coincide with allowed uses under section on permitted uses. This amendment will correct theinconsistency. Ben Osgood mentioned that when the Master Plan was compiled it was thought that the resi- dential use was to be included. After discussion a motion was made by DiTore to with- draw the present wording and substitute to read me~idential uses, include one-family m~d two-family, apartments with no more than 505 of the total floor area and include the description of Sec. 4.124. Second by Hedstrom and unanimousvote. 2 - Sec. 4.129 (14), Petition of Charlotte Rea: Atty. James Glynn representing stated that this matter went before the Board of Appeals in 1975 for a variance; involves land on the east side of Rte. 114, 1/4 mi. north of the Riding Academ~. The variance request was denied based on the fact that it was an illegal non-conforming use and did not come under the pmm~ew of the existing zoning by-laws at that time. There is a storage of wood chips there now. The petitioner appealed the B.A. decision and the case is still pending in the courts. In character, the property consists of 4 acres, 2 acres being used for purposes of storage. In 1963 it was leased from Saul and then purchased in 1965. It has been continually leased by United Freightways since 1963 for storage and curing of bark and wood chips which must be cured in the open to ferment for a period of time. There is no wholesale selling there as such. Presently~the By-Law permits wholesaling and warehousing as a secondar~ use. If the amendment is granted it will not substantially derogate from the intent of the By-Law because it only seeks to change a use within an industrial area, it is not a case of expanding a district, it is not an attempt to transcend an existing use but to modify and define a use, it is not a spot zoning because Ind. 1 is in existence for miles on Rte. 114. It will not change the use and characteristics of the land involved because it has been there for~years. The surrounding area is unuseable lamd. Would like the wholesaling and warehousing of that type of operation permitted without the installation of any buildings. It was a lumber yard prior to 1963. Hedstrom commented that a problem arises with the litigation that is still pending. Glynn told those present that John McLay and Gil Rea were present also to answer questions. Hedstrom stated that he would much rather see a Board of Appeals determination with a particular proper~y so that the existence of that legal non-conforming use be confirmed rather than amend the Zoning By-Law because you are really keying in-to one piece of property. Glynn replied that they are trying to obviate the spot zoning aspect by defining the use as a primary one. Discussion regarding I-2 vs. I-1 took place. Chepulis questioned what was meant by "contractors supplies and products' - anything indidental to storage of lumber and supplies such as you would find at Merrimack Lumber. It was noted that whoever prepared the wording took the verbiage from other Industrial districts. Gil Rea stated that as far back as he can remember there was a saw mill on that propertyuntil the State used it as a sand pit. Motion by DiTore to take the matter under advisement. Second by Hedstrom and unanimous vote. 1950 oont. 3 - };~C NANUS R~ONING FROM R-3 to R-2 PARCEL BOUNDED BY GREAT POND RD., PLEASANT & STE~S STS.: Fritz Ostherr represented the petitioners and stated reason for the proposal: concern for watershed, Stevens Pond -have had oil spills in both the Pond and the Lake which heightens our awareness of th~ problem of development in that field. It would be unwise of the Town to not watch for ~he potential dangers to Stevens Pond in addition to the Lake as far as subsurface and! surface drainage go regardless of sewer. A~uy additional traffic or substanti,~l increase in traffic will be a problem because the Stevens Pond area is a recreational area ~nd most of the children either walk or ride bikes to' and from; also, any exit rbad that might be proposed to come out on the hill or onto Great Pond Rd. would be a prpblem. Character of the neighborhood: all the land around the Lake and Stevens Pond isl R-2 with the exception of Millpond and another small piece; it is essentially an open p.~~rt of the To,m, it improves the quality of life, land values, it is a worthwhile thing to have. Hedstrom mentioned that there are Form A lots which have already been approved within this area~ and what would the net effect be - Fritz Ostherr: it depends on whether or not the developer pursues development of the Form A lots. Chepulis com~en~ed that a small portion of this parcel is in an R-2 district already. There are 16 interior lots that would be effected. John Turtle stated that he found it ironic that Pritz, after approving many subdivisions, would propose this when it is in his back yard. I a~, donating a strip of sewer line to the Town, he continued, giving Buddy Cyr the corner, talking to the Con. Com. about 900 on the Lake, and what person has ever done all that? Mike Schena asked if he understood correctly that Turtle is under freeze protection. He was told that the preliminary plan has been submitted and the "clock is ~nuing"; this is due process. Motion then made by Hedst~om to take the matter under advisement, seconded by DiTore and unanimous vote. PL~S NOT REQUIRIN~ APPROVAL: 1 - WILLOW I~rDUSTRIAL PARE, off Rte, 114: plan dated 2-20-80; the perimeter plan was found to be in error along the back line so there ~re some numerical changes shown in length and distance. Road ca]led Flagship Drivei Lot lines have been revised. DiTore inquired why the old lot lines were not shown on ithe plan - there is an addition of another lot, '5[", which is,part of the remainder iof land after subdivision approval. Chepulis noted that lot "D" should remain '~D" because it did not change. DiTore made a motion to endorse as not requiring approval under subdivision control law subject to the revisions suggested on lots D and F , plans to be signed when changes are made. Second by Hedstrom and unanimous vote. BOND A~OUNT ON SUBDIVISION CALLED "WILLOW 17~DUSTRIAL PARK": Vinnie Grasso asked that the BOARD accept an amount for the bond and letter of request was read. Motion by O I . Hedstrom to approve a bond am unt of $~6,000. foz7 water, sewer and road constructzon ($12,500. -water; $6,000. - sewer; $7?,300. - rsad). Secretary to send letter to bank detailing the amounts. Second by DiTore and unanimous vote. Hedstrom requested letter to Con. Com. regarding construction in the iwet 5rea off Rte. ~14. 2 - BENCH~ CONSTRUCTION, Winter St.: plan dated Jan. 19, revised Feb. 28 &Mar. 14, ~980; Scott Giles representing reminded members that certain things had been requested to be placed on plan by Mr. Roberts such as, topography and drainage pipe under So. Bradford St. and have been so done. There were two representatives of the Gas. Co. present for fielding questions about the gas line issue, Messers Woodburn and O'Connor. Plan shows lots 1-12 and their intention is to prlovide gas for this particular developer. It is not their intention to be concerned about other people on the street inasmuch as this gentleman is pa~ving for the gas to be installed. It is perfectly safe. Hedstrom commented that it is probably less expensive to run them at the back of the lots, but it is the BOARD'S contention that it is safer to run the lines down the street. l~Iarch 18, 1~30 Chepulis inquired if the gas lines are to be marked - Woodburn replied'that they are supposed to be notified if any excavation is to be done. The easement was drawn up by the architect and as long as it is all right with the Town they will install the lines in accordance ~th it. ;~hichever route the Town chooses is the route the gas company will follow. This is an isolated case because of the cost to the developer, he added. They keep maps and records and will mark it out if requested to do so; there is no concern from the Gas. Co. point of view. Normally they would follow street lines but this is a bit different from the average subdivision. The Highway Surveyor stated that this is an unfair approach to the Town and the people that live in the area. His opinion was that they should run the lines along the street because if not we are short-changing any further development in that part of Town. Compared it to the idea of running sewer this way. Scott Giles informed the BOARD that the gas people no longer pick up the expense, this is the first year that the developer bears the entire cost; there is no way the development is going to be~r the un2<nown cost. Cyr asked about the water in the area - Giles said there is water out there but it is insufficient and Borgesi told him that he will not be out ~here for 5 years. It is definitely a possibility that they will dig wells. Atty. Helen Comeau, representing Benchmark, was accompanied by an attorney for Antonewicz. Comeau stated that there is no necessity to have gas, it is just a consideration. Motion made by DiTore to endorse as not requiring approval under subdivision control law subject plan with a notation that if the gas lines are to service these lots the PI~ING BOARD would like to see them follow the street line. Hedstrom seconded and the vote was unanimous. Gas. Co. to be sent a letter informing them of this action. 3 - JOHN TUTTLE, Winter St.: plan for Landsail, Inc. dated ~rch 17, 1~80 showing lots 3-7. Turtle told the BOA]~D that ended up with a 5 acre piece of dead back land and had approached some of the people on Winter St. for purchase of land behind their houses. These are lots 3A-7A and are not building lots; was originally part of Hollow Tree. Lot 7A is the only lot not yet sold. Hedstrom said he would sooner see ~he lots combined and lot 7A not shown so that the BOARD is not asked to approve a land-locked piece of land. Hedstrom then made a motion to withdr~subjec~ to the suggested revision and Tuttle to resubmit. Second b~r DiTore and unanimous vote. DAVID SWt~fSON: DISCUSSION& LET~ RE PRESCOTT ST. D~ZELOPI~IT - he understood that the plans submitted to the Con. Com. were not the same plans that went through this BO&P~. Chepulis agreed, the plans did not have the drainage that was approved but the plan that eventually was submitted to the Con. Com. h~d our drainage plus a new method of drainage thereon. Swenson felt that the plan submitted to the Con. Com. would better protect the abutting properties. Susan St. Pierre explained that the original drain pipes approved by this BOARD were requested to be put on the plan because the original plan submitted to the Con. Com. did not have these. Reg. Marden, counsel for Alvin Maillet an officer of A. J. Maillet Construction Co., owner of several building lots adjacent to this development, stated that he is not opposed as long as it does not prevent him from getting the benefit out of his land to be used for house lots. The drainage as shown on the approved plan is going to be run- ning into his lots on Noody St. The concern he had is that the pipe is barely adequate to handle the drainage as it presently exists. The 12" pipe is not sufficient to handle muy additional drainage without flooding to his land. Requested that the BOARD consider his problem and t~ke whatever steps necessary to ensure that his building sites will not 'be flooded out. It was noted that at the time this was approved these were not house lots. Hedstrom commented that at the present time the drainage is before the Con. Com. ?~areh !~ ~9~0 - Cont. and would be hesitant about getting into this too heavily. Marden had no objection to deferring this until the Con. Com. rules but asked for the matter to be~considered at the proper time. Charlie Bartlett, Moody St., stated that previous to the building of hm~ses on Moody St. the area was a swamp but they brought it up $', above street level and when there is a heavy rain all the water and slush comes across the road and floods his cellar. Voiced concern that if the development is built and the pipes don't take care of the water he will be flooded out. The drain pipesiput in when they built the houses was supposed to take care of the run-off from Colgate Dr. and not for the proposed develop- ment. Bud Cyr asked what portion of that sitelcomes under the Wetlands Protection Act. Hedstrom made a motion that correspondence be prepared to the Con. Com. that two gentle- men appeared before this BOARD with real conceMns about changed conditions and we would like to be kept informed as to their final determination. Chepulis suggested'that the members of the P. B. might want to attend the Nar. 26 meeting of the Con. Com. Members agreed. Motion seconded by DiTore and vote wa~ unanimous. INGALLS CROSSING II RE ELEVATION OF POND: The!Chairman reiterated that the PLANNING BOARD in approving the subdivision had a elevation of the pond of 102 f%. and when this came before the Con. Com. they said that it shtuld be 104.5. The PLANNING BOARD in subsequent discussion felt that the original number should be in effect rather_ than what the Con. Com. cmme up with but at the moment are somewhat at a stalemate. The Con. Com. said the higher elevation was required so ti~at the water table would not suffer, i.e. vegetation would be destroyed otherwise. The higher elevation would necessitate the road way to be elevated in a similar manner. The PLANNING BOARD is on record that the road rather thau the pond elevation should be considered. Scott Follansbee, developer, stated that, for qlarification, he recently said at the Con. Com. that he could live with either elevation but now realizes that he cannot live with the design approved by the Con. Com.'i Even with the lack of water and snow this winter, the r~in the other night breached ithe pond and the elevation was about 6" higher than the top spindle on the hydrant ~t intersection of Salem & Ingalls (or Olympic). Just for the safety of the people in the area, he did not feel that the pond could be kept at that elevation much longer. Cyr stated that he had seen the overflowing of the pond. ~ was called by the~woman at 1809 Salem St. He showed snap shots of the flooding. Follansbee explained that there would be more storage capacity with the lower elevation. Cyr said i~ is practical knowledge and felt he had been getting kicked around with computations and charts lately. If we want to preserve wetlands, don't develop it and hopea ~hat this would be used as an example before the people are subjected to some real s~vere flooding. DiTore asked if the flooding would have occurred today if the pond ihad been set at 102 - Pollausbee said he doubted it because of storage c~pacity. Con. Com. to be sent letter explaining what tr~nspired at this meeting and ask them to reconsider their opinion. Pollausbee has appealed the Order of Conditions issued by them. Cyr was adamant about no% going along with the "fancy" engineering proposals. PAUL AKEA~M: WILDWOOD ESTATES - presented a 6 imo. certificate in the name of Linda Ahearn. Ahearn to take Form H to the bank for !approval. Board oka~.ed the certificate. Did not have plan of driveway proposal and stated it would be a minimum of two weeks before it was completed. LA}~D USE COMMITTEE: there will be another meeting to follow up last Saturday's meeting to discuss the report further. Chepulis said that his impression was that alot of things were negative. Joyce DiTore stated thati she was not in favor of it. March 18, 1980 - cont. BOARD OF ~JBLIC WOR~S SE~m.~F2~ L~E PLAN: a copy of a plan was received in reply to our letter of request for any plan or information regarding sewer extensions. COPIES OF LE~S FROM CON. COM. TO EEP2~h~ A!~ POLLARD RECEIVED RE LOCAL CONTROL. On file. LEGAL NOTICES: TOI~S received and on file. C@I. COM. - March 26th re-opening of hearing on Prescott St. Development. Meeting adjourned a% 1~:30 P.M. '~~ Chairman 1liam Chepu~d'I~ ~ ., ~~oretary. ackstock