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HomeMy WebLinkAbout1983-03-29March 29, 1983 Special Meeting k The Board of Appeals held a special meeting on Tuesday evening, March 29, 1983 at 7:30 p.m. The following members were present and voting: Frank Serio, Jr., Chairman; Alfred E. Frizelle, Esq., Vi~e Chairman; Augustine W. Nickerson; and Walter F. Soule. CONTINUED PUBLIC HEARING - Robert Fo~et - Salem Street - Variance Atty. Philip Arsenault was present and made the following points: At the last meeting, the Board had a number of concerns. The Forget's have already appeared before the Conservation Comalission and the Planning Board. The Planning Board issued a Special Permit with a number of conditions. He presented a revised plan showing the amount of cutting and the amount of impact on the area, especially adjacent to the stream. The Superintendent of the Board of Public Works will forward a letter to the Board of Appeals. On the question of alternatives, they are committed to go this route. They would have to go back to all other boards if a change is made now. - This would create a hardship to the petitioner. A letter from Joseph Borgesi of the Board of Public Works,' dated March 7, 1983 was read and placed on file. Mr. Cushing continued with the following: When this plan was developed, they were in touch with the various agencies, ie., Board of Public Works, Highway Surveyor. It was accepted by them as a "given" from the onset that the Board of Public Works wants them to make a connection at Marble- ridge Road and follow the Master Plan. - The Highway Surveyor was concerned that they would put everything at the outfai1. If you look at the conditions issued by the Planning Board, they are extremely cautious on the easements, one for maintenance and one so that the line can be extended. Con. Com. said that the 170 contour is the general wetland con- figuration on the lot. March 29, 1983 -2- Special Meeting Forget - continued - Con. Com. also said that he could not increase the rate of run-off on the parcel. - The rate of run off will not be increased. In order for them to put in the 8 inch sewer line, it is necessary to fill over the sewer line to protect it from the elements. - This is the alteration they propose to do. Con. Com., in their order of conditions, required them to pro- vide compensatory storage. Other than the filling and the compensatory storage, the only other work in the wetland is for the connection for the sewer and/or water lines. He expects that in order to put them in, the~e will be about 10 feet along the water line or sewer line disruption on either side. - If you look at the summary, there is less than an acre of wetland on the entire parcel. The plan conforms to the Rules and Regulations of the Town of North Andover and. the procedure that the town would have his company submit as professional engineers~ Member Frizelle asked "Why not run the sewer line on the high side to Marbleridge Road?" Mr. Cushing responded "Because of the expense and it would not follow the Master Plan. Also, it would cause a good deal more disruption. They could sewer each house independently, but it would cause habitat disruption and would not be consistent with the Board of Public Work's desires." Member Frizelle then asked Atty. Arsenault about a hardship and Atty. Arsenault responded - "The current structure is on septic and if we cannot sewer this lot, that would have an adverse impact on the area. Also, if you accept Mr. Cushing's estimates on the impact on the vegetation and habitat, it would show that this pro- ject is better than the alternativeS, and the alternatives would cost three times more than this proposal. His client has already been assessed for the sewer on Marbleridge Road. Even if he took the alternative route, there would be some disruption of vegetation and there would be a need for a variance.,.' March 29, 1983 -3- Special Meeting k F__qorget - continued Mr. Cushing added - "The reason for the Special Permit is because of the work in the wetland area. If the sewer line were not out there, Mr. Forget could develop these four lots and put them on subsurface disposal systems. It would cost about $3,000.00 for each one. This is a third of the cost of putting four lines and tying them into the sewer on Marbleridge Road. The real benefit is that this is an area which is going to be developed. Putting them on sewer is the greatest environmental protection you can give them." Mr. Joseph Slowick, an abutter, disagreed with Mr. Cushing and stated that the property will not perc so that septic systems cannot go in. Mr. Cushing responded that he has not tested the soils on the land but he has observed testing on a significant portion of the land on Marbleridge Rd. and Salem St. and he cannot remember finding a lot which would not have soil suitable for septic systems. Mr. Rene Fugere added that it is his understanding that if there were no sewer line, the parcel would not be developed. Atty. James Eaton, representing the Stork's, asked about a hardship. He does not believe that the hardship mentioned is the type of hard- ship contemplated under the law. He added that Mr. Forget could keep his sewer and water in the street and not disturb the wetlands at all. He also questioned how old and updated the Master Plan is. Mr. Cuhsing responded that his office does a great deal of work in North Andover and it is their responsibility to go to the proper agencies to find out how the town wishes to have things done. In addition, one cannot put a water line going to a house next to a sewer or next to a septic area. He questioned if you put a sewer line in a travelled way, as Atty. Eaton suggests, where is the municipal sewer going to go when the town decides to sewer the ~rea. Atty. Arsenault added, in response to the hardship issue, that the Forget's have a substantial commitment financially ($5,500.00). Member Frize~]e asked "If the Board denies your request and you put in sewer on t~e property, would you need a variance?" Mr. Cushing responded "Yes, and they would also have to go back to the Planning ,oard and the Con. Com." Atty. Eaton added "If you seWer Lot 2 going down Dale St. to the in- I . tersection of iMarblerldge Rd. and sewer Lot 3 from the house to the sewer and Lot !4 from the house to the sewer, you would not have to go back to any board." Mr. Cushing disagreed with Atty. Eaton on the matter of appearing before the town boards. March 29, 1983 ~4- Special Meeting Forget - continued MOTION: by Mr. Nickerson to take the matter under advisement. SECOND: by Mr. Soule VOTE : Unanimous - motion carries. The Board placed the petition on the agenda for April 11, 1983. The meeting adjourned at 9:00 p.m. ~ ai_L~an Secretary