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HomeMy WebLinkAbout1966-11-07Monday - November 7, 1966 Reg,,l~r Meeting The Planning Board held their regu2ar meeting on Monday evening, November 7, 1966 at 7:30 P.M. in the Town Office Building. The following members were present and voting: William Chepulis, Jr., Chairman; Robert J. Burke, Secretary; and George B. Farley. Mr. Bannan a~=i~ived later. Mr. Gtlm~ did not attend. Atty. Donald F. Smith was present and showed preliminary plans to the Board of a continuation of a subdivision that was originally approved in 1962. Lisa Lane was originally a turnaround and the petitioner wants to continue the road and add a few more lots. The Board set a hearing date of December 5, if the plans and application are presented to the office in adequate time for publication of the legal notice. .V. ILLAGE GB~.~.~ ESTATES Atty. Victor Hatem was present regarding the releasing of the bank book for Village Green Estates. Benjamin 0sgood was also present. They spoke about a patch that goes onto Chickering Road . The State w~mts it repaired and they are now waiting for the State to tell them when it is O.K. to have the ~ork done. They are hold~ng $500 from the Contractor until the work is done. Letters were read from tB~ Highway Dept. and Board of Public Works, relative to above. Atty. Hatem thinks that $1o00 per foot is a little high. The road has been dc~e and meets ~-ith the Highway Surveyorts approval. They are doing what the Planning Board is requiring of them - cantt see that they cam do m~ch more. They plan on having the street accepted ~nd ~fl~ll put an article in the warrant for Town Meeting. Mr. Burke said if the road meets the specifications and everytb~ng has been done, wh~ should ~ hold them up? Mr. Farley felt the same way, if he has met all conditions. Mr. ~tem said they will let the to~n hold $565 and will draw up any sort of a form that Town Counsel approves. Mr. Burke made a motion to release the bank book subject to what the Tc~n Counsel approves. Mr. Farley seconded the motion and the vote was unanimous. WHITTIER FARMS SUBD..IVIS.ION (Arthur Collins) Atty. John J. Willis and Arthur Collins were present, regarding the above subdivision. Atty. Willis spoke about the letters from the Highway Dept. and Board of Public Works. The letters were read and the Highway Dept. requires $3.00 per lineal foot. Atty. Willis feels the same way as Atty. Hatem. They meet the requirements of the Highway Dept. and feels that the roads have been completely developed and will not depress as Mr. Nicetta seems to feel. They can wait until Spring to apply the finished coat, but he is opposed to it. He is prepared now to have the Town accept the streets at Town Meeting in March. They feel that they have done ~ necessary ~ork as required by the Planning Board, etc. The Planning Board can retain covenants on two lots which would provide a security of $10,000 to the Town. He thinks Mr. Nicetta is interested in protecting the To~n in that he desires that the finished coat be put on in May. Atty. Willis doesn't think that the developer should he penalized. They want to have the street accepted. November 7, 1966 - Continued Mr. CheptLlis doesn't think the charge per lineal foot can be asked for ,m3ess made a part of the Ru~es and Regulations of the Planning Board. ~tty. Willis said the street can be finished next week. Mr. Cheputis says he understands that the developers have met all requirements but he a~so realizes the Highway Surveyor's reasoning. Atty. Willis said he is wLlling to have the Planning Board hold two of the lots for $10,000. Mr. Collins said it would run between $15OO & $2000 to finish the road. He has no objections to putting the finished coat on in the Spring. He thinks they should continue on a covenant. The Highway Surveyor is only concerned about security. The developer has done everything as required. Atty. Willis explained that Meadow Lane was developed in the sam~ way. The Town accepted it, the finished coat was put on and the bond was released. The Town is adequately protected. He is asking the Board to release the covenant with the exception of any two lots the Board may designate. They have not put on the finished coat at the Highway Surveyor's request. Mr. Burke m~de a motion to release the covenant with the exception of lots 4 and 5. Mr. Farley seconded the motion and the vote was unanimous. Mr. Willis showed an a~reement to the Board that the lots are selling for $5,000. Nothing is built on any of the lots. HILLSIDE ACRES Mr. John Segadelli apoeared before the Board asking for release of his covenant. He is willing to put upa bond in the amount of $10,O00to replace it. Mr. Chepulis read the letters from the Highway Dept. and Board of Public Works. Mr. Segadelli said $3500 will be for gravel and $6500 for bituminous surface. This amount is to be held by the Planning Board until the road is ready for acceptance. The gravel will go in within the next 10 days. The road~rlll not be finished this year. He wants to have the covenant released in order to sell the lots. He expects to pave the road in May. Mr. Bannan made a motion to release the covenant and substitute the Bond. Mr. Burke seconded the motion. T~NPIKE STREET APART .MENT DEVELOPMENT Atty. Alfred Daniels, Angelo Cataldo, and Walter Green appeared before the Board regarding the apartment development of Executive Apartments off Turnpike Street. Atty. Daniels showed a plan of the development to the Board in order for them to take under consideration the roadways. The roadways are 50 feet wide, garages are in the basement of each apartment and there is parking area for over 60 cars. Atty. Daniels spoke about a letter that was sent to him from the Board of Appeals with reference to appearing before the Planning Board for approval of the roadway. November 7, 1966 - Cont. Mr. Barman said they must secure clearance from the State for the entrance off Turnpike Street and that they must post a bond for completion of the roadway. Atty. Daniels said that it wasn't necessary to post a bond for the roadway because it is a private development and will remain that way. Discussion was held regar~Bg the Bond. Atty. Daniels suggested that the Board get an op~ton from Town Counsel regarding what is required. Mr. Barman m~de a motion to approve the streets and entrances subject to State approval, approval of the Highway Surveyor and if necessary, upon advice of Town Counsel, the posting of a covenant to cover the building of the roads. Mr. Burke seconded the motion and the vote was uns~mous. Charles Foster, Building Inspector was also present and spoke about receiving a letter from the Board of Appeals about the apartment development and not issui~ and building permits ~til the matter of the roadways have been brought to the attention of the Planning Board. The Board agreed that when an epinion is received from T°Wncounsel and the Board has made a decision, a letter will be sent to the Board of Appeals and a copy to the Building Inspector. BOARD OF APPEALS HEARiNGS Two notices of hearings were shown to the Board. One for Walker Realty Trust for an apartment development on Main Street and one for h~hes on Cotttit St.for a garage. They looked at the plans. Mr. Burke will attend the Board of Appeals meeting as representing the Planning Board. Mr. Chepulis spoke about a new ~w~ndment to the Statutes about not requiring Planning Board approval on land of existing ownership as long as a Certified Engineer has signed it. Mr. Chepulis spoke about the naming of streets. A discussion was held as to the s~m~larity of some of the names of streets such as Meadowview, Meadowbrook, Meadow Lane etc. He felt that the Board should take a closer look at the street nsmes on the subdivisions presented. The Planning Board has the power to request the subdivider to change the names if necessary. He also mentioned how Rte. 495 has cut up some of the land in North Andover and that the Board should cheek on the zoning of it. Nicholas Nicetta, Highway Surveyor, was present and the Board discussed with h~ the letters he had sent to the developers requiring a certain ~.~ount .per lineal foot of road. Mr. Nicetta explained that he is interested in having some sort of security so that the developer is responsible until the road is accepted. If something happens between the time the road is completed and the,tt~ that it is accepted, who is going to be responsible for it. November 7, 1966 - Cont. Mr. Burke said that if the developer has done everything properly, he doesn't think that he should be held up. Mr. BannRn said that other towns have an engineer take compaction tests before the road is accepted. Mr. Nicetta explained that the town doesn't have the equipment to do this. He would have to get an engineering firm. Town Counsel has said that you can refuse to release the bond until the road is accepted. The developer should have the responsibility of having the road accepted. Mr. Che~s said that in order to be able to enforce it the Planning Board has to adopt such a rule and regulation. The Board signed the following bills: New England Telephone 8.35 Boynton Press (Env.) 5.60 Wm. Chepulis (travel exp. to M.F.P.B. Cony.) 10.00 Anna Donahue -13~hrs. · 2.15 29.03 8 " @ 2.57 20.56 PERSONNEL BOARD A letter ~s received from the Personnel Board allowing an increase in the Clerk's hourly rate from ~2.15 to $2.57 effective October 20, 1966. The meeting adjourned at 10:00 P.M. Clerk