HomeMy WebLinkAboutBOH Minutes 7/22/1975BOARD OF Ili JAJI
M1NU'I'!,S
July 22, 1975
Present: Chairman Folan, Clerk Roche
D. Secher, Garland, D. Clemmey
1. Minutes, of July 8, 1975
Motion: `1'o approve
(Cla,mmey- Secher, all in favor) V ;T "'))
2. Corresnondence
From Town Counsel Grady to Plaani.ng Board regarding. Camelot
From Planning Board to Janes Antosc3 regarding Camelot
From Planning Board to Gene Ceccarelli regarding Meter's Park
From Conservation Com +ni_ssion rer;ardins `•li.11a'e ;,,states lot 60
From Conservation Commission re-;ardillg, P.elton Potter lots 4, 5, 6,
G and H on Brancli Street
Bill from Attleboro Area l4ental. Health $'1,35J
Motion: To pay
(Secher- Garland, all in favor) J0"�'D
From Doug King regardingt Canoe I.i_ver Acres
Bill from home Health services
Motion: To pay
(Secher- Garland, all in favor) VO:i:`' D
From Lalcevill_e re5ardi.ns' I.,itch's pond well
Bi Ll from Cos�munity Health Agency $1,312.50
I-lotion: To pay
(Roche- Garland, all in favor) VJT:D
Pumpers report from Claude Dubord
3.' Construction works permit
Silva-East Street
Motion: To reconsider approval on lot c5 East street
(Se.cher- Roche, all. in favor) VUT D
...:motion: Apnrove
(Secher- l,oche, a11. in favor) V )T" )
F. Allen 741 I;Iare Street
Motion: Approve subJect to conditions
(Se clip r -Roa,< , a..1 'i:n favor. J T?'.` ll
731 Ware Street
Motion: Approve
(wed- ier�Y'ocl:(, , ril_1 in favor) \N' D
July 22, 1975 - 2 -
695 tare Street
2 --lotion: Approve with conditions pertainin,, to lot L
(lioche- r ;(-�cher all. in favor) V0,T D
761 Ware Street
Alotioti: Approve with conditions on lot L
( :oche- Secher, allin favor) V ll.` i,
Lot 60 Villa (states - 35 Village Road
'se
Motion: AnDrOve
(Secher- Roclte, ill in fa or) VO'C: >D
4.
Board held joint meetin,, *.pith P1a mina Board, Town counsel, Brad
Johnson, and James Antosca re ;,ardi_m- Camslot, See attached for
general line of discus35_on.
5.
Leon. Grant met with the Board regarding Compo Chemical sanitary
landfill operation. . Garland advised that he had talked to the
plant manager and that they no longer have a dump, they are having_
refuse picked up Letter to Mr. Stroram gslciW the status of the
dump and what he intends to do to return the clump to its natural
state.
G.
Mr. i)onald ? lercier, 750 ldare Street met with Board mc- ardin =; land
of Franklyn Callen across the str -let from ':cim. Ile questioned
getting an accurate on -site s,wa: -e t,c st on the present lots at this
time of year. He also stated that iir. Allen is cleariuf >, land in
the bacl: and fillin- it in and nutting pines in. Mr. Allen stated
lie had put one culvert pipe in, 1, J3) feet away from these lots,
on property he is clearinr for Irrigation and cattle. .Chairman-
will vied the nropert ;7 and :;et bael: t:o Mr. ;Mercier,
7.
Application for disposal works installers permit for Mederios.
Write for work experience.
3.
Plan for 333 Nill_ Street: repair.
9.
Plan for Canoe River Acres, Chairrn:??i will take for revi.eca.
10,
Construction >>or?cs per -lit
l wnda, e Road lot a - 11outas
Motion: _Approve
(Poctic- Garland, all in favor) WY.'
.,;.)
Lot 31. 'Lantern Lane
Motion: 'Approve
(Clemmey- Secher, all in favor)
11..
Receipt of prel.im:t1lary subdivision plan for A. P, Day off Fruit
Street. 'B Roc e will tac:e for review.
124
Gravel nit aonl.i.cati.ons - under. zoning by-law, l oard of Heal th is
rocuired to make a remo iendation.
Marl Hig. ,- inbot.toni - ja -e Street
?pro 3anc1 and `Stone ine. plain Strmet
Gastons Avotnieks - East Stre ^t
July :22, 1975 - 3 -
Letts to Board of !1nne.^ls statina that Board is cxaminin� the
plans and will advise of their conclusions as soon as possible.
13. Construction works permit
Balcom Street - SchroMM
Motion: Api)rove
( Garland - C lemmey,
B4- tiny; adjourned 9:�f0
Cl _ k
Date
h`YMf-''j
all in favor) V`JT D
.._......- - -..._ .
CAIq i3O
July 2:9 .1975
Joint mccAing with Board of '.Health, Pla-'_niny ; Board, Planning director,
Town Counsel Grady, James Antosca and rittorney Johnson.
siolansWe have di.ssapproved the subdivision. Since then Planning Board
has asked 'Town Counsel opinion whether they could approve sub-
division with new proposal.
`.t'oun Counsel: The first plan you dissapproved has been appealed in
Superior Court. The second plan submitted. "Then question came
up to you as to what action to take based on material you Have
from your consultant. l advised Plannin Board that they didn't
have discretion in the matter since it had been discs.approved by the
Board of Health. Question asked by the Planvin,,r board would it
be possible for the Board of Health to make a tentative recommen-
dation to approve plan but withhold approval on individual.lots.
'`..Board of Health has to make that judgement, unless you change
your !mind to disapprove Planning hoard should disapprove it because
of your recommendation.
Man:, The hoard of Health position is that we don't wart anything to
happen to this land. to don't approve of the entire subdivision.
How do we approve the subdivision and still maintain the best inter -
est of the Town.
1'ownCounsel: If in your judgement this plan should be disapproved then
it should be. if you decide that you could 60 something, that is
up to you.
Folan: After we disapproved the subdivision there were some recommen-
ditions made by the Planning Board with possible additions to the
pl.aih. V,,hat is the nrobl.em with the situation as it is - Cawvot
Antosca ;put in the sub- drains or can't he apply for approval of a
:`new plan.
Zaffini: Right now we have a subdivision pla-� before us that runs
out Auggst 2. As far as the Planning Board is concerned he has
met all the requirements. In your letter you disapprove the plan
but make -recom`lendations. vur interest at the time was can the plan
be approved with restrictions.
Johnson: At one point in this process it became apparent that the
Board of Health primary concern was to insure safety of the Toon
over the draina -e system. Question for 'Town Counsel, isn't it
possible by the use of restrictive covenant to be sure that the
drainage system be properly built.
sown Counsel: It is 'a judgement that they made. As 1 understant that
the Planning Board has made a recommeadati.on with all the recommen
datioM beforethem.
Folan: if the Board of health approved the subdivision with the pro-
posed drat could lot on the subdivision be sold?
Town Counsel: Subject to .whatever restrictions are on the plan, yes
he can sell the lots.
Za fini: don't t`ink. there is any question as to decision, but the
fact that you d.,ssa_ppr.ove the plan hen you mal.e recommeddations
as to what Ve should .:do, According to Town Counsel the - Tanning
Board has only one thing to do and that is to disapprove it.
Chad Maurer: The general laws says that Board of jealth makes
recommendations to the Planning Loafd The law requires that a
recommended action be with your recommended action. !as.1 read
the restrictions this is what is proposed to do that they go forward
and install the drainage system and that no lots that were not
approved will be released for building; purposed until they be re-
testod and released by the Board of Health and be released by
Planning Hoard. The sale of property is correct but as far as
sale of lots is that they construct withe" all of the utilities
or that they post a bond. in this instance we will require that
all of the drainage is installed and nroving to be worki.ns satis-
factorily with respect to the individual lots. The Ylanniny.board
intention was that it would qo alon« with your recommendation a
few weeks ago..
John !)unne: Cap- the lots be sold without....
Town Counsel: The Angistry of Deeds will record lots and you couldhave
individual citizens
Maurer: In our subdivision rccuirements unless they post a bond it
is recorded. .ecistry of seeds does not get into what a
Town is doing.
Antosca: is would be breakinn the bond of that covenant
Garland: It is not an unusual_ thing to have restrictions put on
a plat like this
Antosca: '1'irst of all the Chairman of the PlanninA uoa-rd has indicated
that we hays met all the recuirements. ''he )hoard of Health states
that because of the lots %muid not pass because of nark that it
would be d:i.sanproved. too.:ver, you have us several alternatives
one, that we reduce the size of the subdivision. Alternative
states that 1 should insta_L inn dra.naw prove that it works
and re -perk thy. lots. The law pro` ibi_ts one from doing this.
But I do want to folloo ;our reco ,rn• -.°idations. '.Caere is no way
that I can legally install that drai_•aa;re systnm. 81Y restrictions
on public ways etc. Yithout an approved subdi.vis"on I cannot'
Town Counsel; BIY refers to public pays, not private ways.
Antosca: The contention is t-i,at I can ir.s all. the drainage without a
unproved plan
i
Town Counsel_: if you so da8.i e
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Antosca: There will be no bond posted at anytime. if I leave a
mess a th the dra va c system the.- the Towns position is considerab-
ly less than if they a:ppvov d the subd iv L si on nod required a bond.
How do you get someone from the Town to inspect the drainage system
when 'there is no plan a?proved. What guarant e do I have whan
"drainage system works that I will have an unproved plan. If I
put the drai.nv aesysteri in what assurances do I have
Bolan: The Board of Health suers *e.i _rl s', ,t i.,: tile, s7 te`; is installed
and'snotin to work then we rill ;.e -Der: the subdivision.
- J -
Antosca: By then he plan will have been ili.sat)proved. I will have to
come in with a new Dian then.
Johnson: 'these restrictions which have bean u ,,(rested meet all of the
Board of Health. objections.
Antosca: iihat is the requirements forsubdiv- i_sion cionae in the inter.in
Town Counsel: 1 would assul,te a new nlan would have by the new
law.
Antosca: l:hat: would happen to the drainage system. I would have to
be an idiot to proceed with any money there wi.t:.iout an approved
plan. Vhen that drainage dystea: is in may position is the Sallie.
Johnson: that is wrong with the restrictions
Folan: The restrictions r(o alou;� with the .approval. of the subdivision
Maurer! On Canoe liver Acres the dif ere =i-ce between `hat development
and this one is that there was a si_ ni .d a * ae-:tet:t between the
1'l anaing Board and the Developer which stated in ({;.tail the
reouirem:-t?ts toat had to be met. In Caiielot you. ha:,e indicated
that certain lots meet perc requirements. At Canoe liver Acres
none of the lots meet requirements. The agreement was just
between the Plaanin,v Board and the dc_vel open. Under Camelot it
I is bet�*een the Plana .tt„ Board, Board of Iizalth.and developer and
would be a penna-tetit restriction recorded at the Re�istry of Deeds.
Johnson: From what I undn_rsta +2d, your main reason _°.or fail.in� to rafLa-r_
{these restrictions is that it would still be
possible for the developer to sell a lot for w'•-tic a Buildinn, Perini
has not been issued. Aslc =.rheth(x it i.s a nurpose of the subdivisir
control law to prevent the dev.alop_ er from selling; lots for which
a permit has not been issued.
TOPTiI Counsel: The law is for development but c6nsistent -wi_th the law.
The Board of Health feels that it is within the best interest of b
the town that the subdivision be disapproved, that water system
be proved first. I have advised then that they can approve
subdivision and hold back lots. I have advised tha Planninv hoard
that they must disapprove and if they want to lay all the blame on
the !Board, of Health they may do so.
Dunne: Is part of the i'lanninis Board requirement the approval. of the
Board of Health.
Town Counsel: There is a statute procedure for anneal of decision of
the.- Plannin,' Board. If the developer feels that the Board of
Health is an interested n:arty, than they can be sued. No personal
liability ap.a:i_nst individual memb_rs of the Board of.Heal_th. If
{
we get to trial Air. Gaynor will be called to testify.
Antosca: How, do your recommn,ndations -reduce the nutaber of lots, Maybe
I misunderstood the intent. To pro`aib.t the possibilit9of some
individual from buwi.nI a i_ ce_ i r i>erty. T w n willing
to resubnit plan stoning; on -y tie �o�s you havept�o%�d, B
4 _
hoiaever, I would show the entire roadway. If we do that we eon't
have those small lots to worry about. Then as .:'e _;et those lots
^fit ?roved vae can qo Wore :Planning Board for Form A. I will
revise the existing plan. Request from Qlanninq Hoard an
extension of time and have engineers revise plan down to number
of lots you have approved in order to comply with recommendations.
The only lots that will show will be :Lots that you have already
approved.
Foldho 'The ones that we did approve did not have a water problem.
Secheiat biouldn't: an cintirely new plan hava to be submitted rather
than altering an existing plan.
Town Counsel I would have to see the plan. by tentatively
would be that there will be a new plan, a new public hearing, and
now cecommendat.ions. It would seem that the ping could move
along much faster. )Banks ask if there was a public hearing*. If
it is a s oni =ica nt- departure as to what has already been submittec
Antosca: If and:eh=n additional lots become available because of perc
there is in essence already a subdivision road which would only
-require a form A plan. Vc will check on a ,public hearing.
'town Counsel: my general feelij would be not to recommend a new
hearing.
Antosca: Is it safe to assume that the Board of lealth position on
a now plan would have that tots recom anded would be approved.
The only thine; that I may do :could be to increas- the size of an
existing: lot that was approved.
Folan: The idea of a subdivision of a n w p' as based on the approved
lots is the way to no. Send letter li_stinq lots omitted from
June U lettsr and restrictions and recommendations. -
.
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