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HomeMy WebLinkAbout1975-09-22September 22, 1975 - Monday Regular Meeting The PLANNING BOARD held its second regular meeting of the month on Monday evening, September 22, 1975 at 7:30 P.M. in the Town Office Building. The following members were present and voting: William Chepulis, Chairman; Fritz 0stherr, Yice-Chairman; William N. Salemme, Clerk; and John J. Monteiro. There were 4 visitors. The secretary was directed to modify the minutes of September 8, 1975, under Harold Parker Estates II to read"...do not include the Form A lots by number". Mr. Monteiro made a motion to accept the minutes with the modification and Mr. Ostherr seconded. The vote was xlna~limous. Capital Budget request from last meeting referred to Mr. Ostherr. PLANS NOT REQUIRING APPROVAL: 1. Rae's Pond -Great Pond Rd.: The owner of the land is StarmardRealty Trust, Max Goldstein, Esq. is their agent, and the applicant is the North Andover Conservation Commission. The plan shows adequate frontage on Great Pond Rd. and the forms were in order. A motion was made by Mr. Ostherr to approve the plans as not requiring approval under subdivision control law for the Con. Com. dated February, 1975. Mr. S~lemme seconded. Mr. Monteiro stated that he was not against the Con. Com. insofar as they wish to acquire land but had done a little studying of the situation and fe~t there was a discrepancy in the whole area. Hefsee~ed tofeel that there are abutters who are going further in the study of n~ properties in this area and there ma~ be some court cases on this. M~r. Ostherr suggested that the ~)ARD ought to remember that it is not giving its stamp of approval as to the zoning. If, in the future, there is a discrepancy in the boundaries it is a legal problem which involves the registered land surveyor and not the BOARD. Unless there was evidence by documentation we are legally obligated to vote on it. Mr. Monteiro stated that in light of what had been said he would reconsider his opinion. The vote was taken and it was unanimous. OLD NORTH ANDOVERREALTTTRUST - ¢OAC~NAN'SLAN~- R~,WASE 0FBOND: A letter dated Sept. 12, 1975 from the Highway Surveyor was read in which Mr. Cyr stated that the work is completed as required. The BOARD recognized and understood his comments re- garding the swale. Mr. Monteiro made a motion to approve the release of $5,000 bond on Old North Andover Realty Trust and accept the Highway ~mrveyor's letter. Mr. Ostherr seconded and requested that it be noted in the minutes that the project is completed from the Planning Board standpoint. Mr. Salemme seconded and the vote was unanimous. The vote on the motion to release was also unanimous. SAI~NFOREST - SIGNATURES ON DEFINITIVEPLANS: George Farrwas present and Robert Dionne represented ~k Gel~as' office. The 0hairman mentioned that Mr. Lamprey is ill unfortun~iely and not present to verify with the original marked up plans. The BOARD proceeded to check conditions and all seemed in order. The BOARD signed the plans. KEMPER INSURANCE INQUIRY REANDREW CIRCLE: Letter from Highway Surveyor, per request of the Subdivision Control Subcommittee, was read. A motion was made by Mr. Ostherr to send a copy of beth letters from Mr. Cyr and a copy of the last report we sent to the insurance company as evidence of our reluctance to zeleaseany further security on this subdivision. Mr. Salemme seconded and the vote was unanimous. At~ERICAN INSURANCE C(2~PA~iES - SUTTON i~STRIAL PARK - REQUEST FOR RELEASE OF BOND: Upon motion of Mr. Monteiro to table the matter until the nex~ mmeting due to the fact that Mr. Lamprey~ n~ present and the ~ubdivision Control Subcommittee had not had a Sept. 22, 1975 - cont. opportunity to investigate and second by Mr. Ostherr the vote was unanimous. The BOARD requested comments from Nr. Cyr, Hig~nw~y Surveyor. VICTOR HATEM RE APPL~IORE NORTGAGE BOND: Letter from the Highway Surveyor, dated Sept. 19, 1975 was read and letter read from Board of P~blic Works dated September 18, 1975. Atty. H~tem stated that he had been in communicationwtth both Boards andrew of the content of the letters. The Malden Cooperative B~nk is committing a total of $83,440 on this project and the BOARD was presented a prepared release of all the lots except those involving the retention ponds - releasing lots 1-11 and 17-31, inclusive. The title is in the name of Appledore Associates now rather than Nethuen Construction. Mr. Chepulis stated a verbal report from Arnold S~lisbury, Town Counsel in which he voiced concern that there be sufficient monies in order to protect the To~n from ~Uy default on the part of the developer. There are a total of 31 lots in the subdivision, 5 of which are not a part of this release. Mr. Hatem commented that he would possibly be sending a letter of reques~ for the next meeting on the 5 remaining lots. Mr. Oyr figured tb~t the cost on the reten- tion ponds would be in the vicinity of $8,0OO and wondered who would have jurisdiction over them. He did not feel that these are the sole solution in an extreme spring storm. Mr. Monteiro voiced his opinion that he would like Mr. Salisbury's verbal sanction to be in writingamdMr. Chepulis stated that he would request compliance. A motion was m~de by Mr. Ostherr that the PLANNING BOARD authorize the Chairman to enter into the proposed subdivision agreement en Appledore with the specific completion date to be October 1, 1976 and that the minutes of this meeting indicate that the amount of the agreement is intended by this BOARD %o cover roadway construction, surface drainage, water and sewer instmllation, but not construction or improvement of retention ponds; further, authorize the Chairman to complete the release agreement as proposed, releasing all but lots 12-16 with the further notation in our minutes that the covenant retained is to ensure construction of the retention ponds. Mr. Monteiro seconded and the vote was Atty. H~tem brought up the question of length of time for completion of approved subdivision plans on Townhouses. The BOARD was unsure as to whether or no% there was a limit for absolute completion of a project. The Building Inspector, said Mr. Harem, feels it is one year. Mr. Chepul~to request Town Counsel's opinion on the matter. PROGRESS P~PORTFROMHIGHWAY SUR~YORRE SCOTT PROPERTIES, PE~NI LAN~: Letter was dated September 22, 1975 along with a copy of a letter from Eefron Asphalt Corp. Mr. Ostherr suggested that this be filed with the subdivision file. BOARD O~ APPF~S NOTICE OF DECISION - MERRIMACK VALLETNATIONAL BANK: Notice was read by the Chairman ~nd filed. ESSEX AGRICULTURAL & TECHNICAL INSTI~W~: NOtice of land use workshop to be held beginning October 1, 1975 through Nov. 19~ 1975. Mr. Ostherr made a motion to authorize the registra- tion fees. Mr. Monteiro seconded and the vote was unauimous. LETT~ FROM 0~ICE OF COUNTY PL~ RE HISTORIC COMMITTEE: Letter was read and filed. The meeting adjourned a% 9:45 P.M.