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HomeMy WebLinkAbout1975-05-05Monday - May 5, ~975 REgular Meeting The PKANNING BOARD held its regular monthly meeting on Monday evening, May 5, 7975 at 7:30 P.M. in the Town Office Meeting Room. The following members were present and voting: ~ritz Ostherr, Acting Chairman; William N, S~lemme, Clerk; Paul R. Lamprey, and Joh~ J. Monteiro. Approximately ~0 visitors were present. Mr. Lamprey made a mo~ion to accept the minutes of March 24, 1975 and the mo~ion was seconded by Mr. Salemme. The Vo%ewasunanimous. ~. Elm Real Trust.' J. ~/illis presented the plan and said that the reason for the long delay in getting in t~d~rd was because they had difficulty with the engineering firm. The property has/~rea and conformance to the zoning according to Mr. Foster, said Mr. Willis. A motion was made by Mr. Lamprey to endorse as not requiring approval the plan of land located in North Andover, Ma. for Elm Real Trust dinted January 15, '1975. Inasmuch ~s Mr. M~teiro had not arrived at this point in time, the remaining three mem- bers vo~ed and the vote w~s unanimous. 2. North Andover Associates: Frank Gelinas presented the plan located in the R-2 Dis- trict. The Board noted that it appeared to have adequate frontage and &rea. Mr. Lamprey made a motion to endorse as not requiring approval the plan of land located in North Andover, Ma. for North Andover 'Associates dated April 3, 3975. Mr. Salemme seconded the motion and the vote was unanimous. 3. North Andover Associate~ (Mr. Monteiro arrived to hear this application) - Frmnk ~elin~s presented the plan and stated that the reason for the strangely shaped Lot B w~s due to the fact that they needed to add a piece to m~e the land contiguous. A motion was made by Nr. Monteiro to endorse as not requiring ~ppro~l the plan of land located in North Andover dated April 4, ~7~ for North Andover Associatee with the addition of a note that Parcel A & B will not be a separate building lot. 'Mr. Lamprey seconded the motion and the vote was unanimous. SCOTT PROPERTIES - Morg~age Bond: A mo%ionwas made by Mr. Monteiro to aooept from Mr. Pollansbee, Scott Properties, a mortgage bond with the Andover Savings B~nk in the s~nsunt of $90,000.00 as surety of the developer's completion of the required improvements on Harold Parker Estates Subdivision. Mr. Lamprey seoondedand the vote w~sunanimous. Mr. L~mprey then made a motion to authorize the chairman of the BC~D to exercise ~he release of a covenant when the bond is in evidence. Mr. Monteiro seconded and the vote w~s unanimous. The plans for H~roldParkerEstates were signed and it wms noted that the hydrant place- ment had been changed as per the Board of Public Works and the Fire Chief. J. BARBAGALLORE OAKES DRIVE OR KENT MEADOWS SUBDIVISION: Release of covenant on Lots 1, 2, 7 & 8 of the above subdivision which encompasses 8 lots in all. Mr. Barbag~llo represented himself and ~tated that all water and drains are in and the road is ready for binder. The power company will not put in u~ilities un%il the 4 foundations are constructed and he must obtain a release in order to get a building per- mit. Mr. Ostherr ~_gges~ed that we should have representative From the utilities come before the BOARD so that we may explain our subdivision rules to them and get their feed- back on the matter. Nay 5, 1975 - cont. Mr. C~- said he tried to call them to get a clarification on this and thinks it is a good idea to invite them. A motion was made by Mr. Monteiro to invite the representatives from the gas, electric and telephone companies to appear at the May 19, 1975 meeting. Mr. Lamprey seconded the motion and the vote was unanimous. A motion was then made by Mr. Lamprey to release the covenant on Lots 1, 2, 7 & 8 on the Kent Meadows Sk~bdivision amd Mr. Monteiro seconded. The chmirvm~n'w~s authorized to sign the release. The vote on the motion wasunanimous. $. 0TTAVIANO - DISCUSSION 0F LOTS 4 & 4A, COACHMANeS LA/IB: Mr. Ottaviano requested a letter from the BOARD in which they state their former approval of the termination of Coachman's ~ne in order that he may exercise his option for a p&ece of land. He can add this land to the side of his lot, but cannot build there. The BOARD authorized the chairman or vice-chairman to write the subject letter stating that by Planning Board action on Jan. 23, 1969 the continuation of Coachman's Lane beyond the turn-around at Lot 28 was effectively discontinued. The BOARD, therefore, sees no obstacle to private deeding of portions of Coachman's Lane that are no~ to be developed as roadway under the original subdivision plan. EAST: The PLANNING BOARD took action on the definitive plans which were filed Mar. 13, 1975. l~ritz Ostherr spoke from the chair as a member of the subdivision control subcommittee and recommended approval of the above subdivision subject to the following conditions: 1. the pavement entering the turn-around shall be widened in accordance with the request of the Highway Surveyor's letter of April 14, ~975; 2. a note shall be appended to the subdivision plan that the drainage easement on the other side of Chestnut h~t. be deeded to the Town of North Andover as part of the approval of the subdivision; 3. the frontage on Lot 6 shall be on the plan; 4. a topographical plan shall be made part of the defini- tive package; 5. the street name Shall be added to the plan - Greenwood ~st. and the item regarding the covenant running with the land shall be executed (standard on form); 6. all construction improvements shall be built in accordance with the '~ules &Regula- tions Governim~ the Subdivision of Land in the Town of North Andover, Ma." in effect on the submission of the preliminary plans 7. water and sewer installations ~hall be con- struoted in accordance with the regulations of the Board of Public Works. Mr. Lamprey seconded the motion and a discussion followed. The PLANNING BOARD is aware that this is to be a part of a fairly extensive development on Chestnut St. and the developer is doing its best to ensure ever~thing is done in the best interest of all town departments. Our subcommittee, said Mr. Ostherr, did not includeany of thesethings in our conditions because in regard towater~t the subdivision, it is the town's obligation to see that there is enough water there. If, over the years, it turns out there is not enough water then it is a cause for negotia~ien between the Board of Public Works and the developer. In relation to the sewage issue, we approved constructing the sewer some 500 Ft. from the entrance roadway to the development. The BPW has requested a plan showing the hook-up with the main and there are several options as to how they connect the sewer and the BOARD c~-~not restrict the developer on this. The Conser~ution Commission has filed a letter stating that this subdivision does not come under the Wetlands Act. The vote was taken on the motion and all members voted unanimously in fawor. ~Y 5, ~975 - cont. CANTeRBURy Mr. 0stherr, speaking for the Subdivision Control Subcommittee, recommends that the PLANNZMG BOARD approve the Canterbury ~Zill~ge Subdivision subject %o certain conditions. He prefaced citing the conditions by saying that a great deal of the time spent in the public hearing on the traffic pattern and we have devoted a good deal of time on this and recom~end as follows: 1. a highway barrier be shown between the present terminum of the easterly end of Cotuit St. and the proposed subdivision roadway and 2. that some re-naming of roads be done on the definitive plan. The PLANNING BOARD and the subdivi- sion control subcommittee does not think that all of the traffic from this subdivision should go in and out of Brewster S~. and yet does not think $otuit St. toward 114 and Waverly Rd. is the answer either. We dc not feel that creating more traffic in and out of Cotuit St. is good in light of the TOPICS Program and would add to the existing pro- blem. O~r subcommittee recommends that the road continue and connect with Leyden St. Mr. Monteiro stated that he does not have his former objection to Leyden St. being open because he has talked with the Selectmen, the Police Chief and is now willing to go along with the fact as recommended. 3. The main drainage trunk which runs from the field behind Burke's house to the outfall shall be 30" pipe (it is now shown as both 24" and 30" pipe). 4.' All ~catch basins and manholes receiving 30" pipe shall be of the "poured in place" type. 5. At elevation 165 the ~dog leg in the drainage pipe sh~ll be removed. 6. Ail off-street drainage and utility easements shall be deeded to the Town of North An~l~ver. 7- W~ter and sewer installation shall be in accor~a-ce with the Board of Public Works. 8. ~ire alarms shall be installed in accordance with the Board of ~ire~ Eagineers. 9. All construction improvements shall be built in accordance With the Rules & Regulations Governing the Subdivision of T~nd in effect on the signing of the preliminary plan. 10. The covenant running with the land...(condition stated on Form C) 11. Notice received from the Conservation Commission that a Notice of Intent must be filed in accordance with the Wetlands Act. A motion w~s made by Mr. Monteiro to accept the recommendations of the subdivision control subcommittee and approve the definitive plans. Mr. Lamprey seconded. The PLANNING BOARD received a letter dated Ns~V 5, 1975 from Mr. Gelinas which reaffirmed his client's or'~zginal position regarding traffic flow. Mr. Gelinas raised the q~es~ion as to whether or not the Rules & Regulations are in effect on submittal of plans or at the time of signing of the plans and voiced opposition to water and sewer being connected to each driveway. He felt that the Rules & Regulations in effect on submission of preliminary plans was correct as long as the definitives are filed within the 7 months. Mr. Ostherr said he would inquire of Town Counsel as to what point in time the Rules become effective. The BOAP~D voted unanimous approval subject to the conditions outlined. LETTER DATED APRIL 24, 1975 from the office of the County Planner regarding housing for the Commonwealth. A 30 d~y period was set aside for comments and Mr. 0stherr asked for some member to read the document and report back to the BOARD. Nr. Mouteiro said he would get a copy and discuss with Mr. Lamprey for regional point of view. ' BOARD OP APPEALS LEGAL NOTICES: 1. Nicholas Ar~imovioh: Charles Foster explained how they needed frontage and cannot get anywhere with the railroad right-of-way. ~ Mr. Lamprey made a motion that the PLA~NING BOARD make no comment on the matter and Mr. Monteiro seconded. The vote was unanimous. 2. Charles N~tses d/b/a Charles Construction Co.: Charles ~oster explained that Mr. Natses has been remodeling the mill for office space and wants to use the wing for a shopping m~ll. They don't feel that changing the zoning would accomplish their purpose. ~'~Y 5, 1975 - cont. Natses wants to remove the building out front where the seafood shop is located a~d chose this route to take. The PLANNING BOARD feels it is properly the subject of re- zoning of the land and it is too extensive a change in the land use not to be the sub-. ject of're-zoning. Mr, Lamprey m~de a motion to send a letter to the Board of Appeals stating same and Mr. Monteiro seconded. Mr. 0stherr to sign the letter. The BOARD voted unanimously in favor. Cop~ of'letter from Con. Commission to Planning Office for Urban Affairs was read and acknowledged. Letter from County Planner for informational purposes forwarded from the Board of Select- men Re bike riding was accepted and read. Letter regarding ~P3600 Zoning Act Revision was received. Mr. Monteiro felt that the BOARD should disregard it inasmuch as a new amendment was being submitted the following Copy of letter from Bi-centennial Committee w~s read and acknowledged. Mr..Monteiro sug- gested that the BOARD participate in the parade. The members commented but did not make any decision. Mr. Salemme m~de a motion that the BOARD hold only one meeting in Sune, July.and August unless something unavoid~ble occurs that a special meeting mus~ be held. Mr. Monteiro seconded the motion and thevote was unanimous. Mr. S~lemme suggested that he or the Ch~iEnan compose a letter to the ad hoc Study Com- mittee on Section 5 thanking all members for their contribution to the new by-l~w. Mr. Monteiro seconded and the vote was unanimous. Louis Kmiec ~ Form A - Lot on C~mpbell Rd.: Mr. Emiec requested approval from the BOARD on the lot which h~s 150'~frontage and sufficient area. Mr. Emiec did not have the linen and the BOARD so advised him that they could not grant approval on something which'they have not seen. Mr. Kmiec re~Aested the m~%ter to be on the agenda for N~y 19th. Mr. Ostherradvised him tom,ko sure the location of the lot along Campbell Rd. is shown on the plan, For the BOARD'S information, Mr. Ostherr stated that he intends to write a letter to the various town departments who p~rticipa~ed in the Lake COohichewick Watershed Study Committee a c~uple of years ago and invite them to a meeting the end of M~y to reassess what we want to do, ~r. Nonteiro suggested sending a letter to the Society of Jesus asking what they plan to do with ~he'Campion.,H~ll property now that Thomas Construction's option h~s been dropped. He will dr~ft a letter., Mr. Lamprey ~hought the BOARD should send a letter to the Selectmen advising them that w~ are in favor of the Town purchasing the land. The meetin~E adjourned at 10 P.M. ~/~ ~~m~n ~/~ ~ /~ ~ (William Chepulis) ! / (Gilda~ Blackstock) -