HomeMy WebLinkAbout001-77
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In the matter of the petition of Sherburne Associates (OOl-77)i
'(025-76) .
Mr. Shu-l
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grue reviewed the proposed plan to establish nine (9) tennis courts~
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a parl<ing lot to aceomoda te 25 cars, a club house. and st9rage shed!
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A Notice of Intent and Order 01'1
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Mr. John Shugrue, C. ,E., represented the petitioner.
facilities on land at North Heach Street.
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The land area is now
low and marshy and will be filled.
Conditions was filed, approve, and received to do this work.
The court material is to be a pul~erized rock .with gypsum
add~d. The court requi~e~ watering and roll~ng.~ The petitioner
considered asphalt but 6~lieves the risk of high water table may
cause the asphalt to break up.
llr. Shugrue stated t~e grades are established to provide ade-
that surface water on c6u:",ts 1 ~d" 2 would
Referring to a plan (introduced) ~e explaine~
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quate water drainage.
Street and enter existi.ng. .ca tch basins.
drain to North Beach
Courts 3 and 4 would drainl
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to the rear into a swale and be directed to two catch basins to be I
.installed, then into a 12" pipe to an existing sewer line'in North
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Beach Street. Mr. Shugqw introduced letters from the Department .:
of Public Works and Planning Board approving his engineering work.
Mr. Shugrue reviewed the problem of noise generated by the
proposed use. lIe introduced a report of the acoustic experience
to be expected and stated the conclusion of the report is that the
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courts can be operated during daylight hours without unreasonable
interferenc~ with adjoining properties. He stated a 32-352B level I
of noise was satisfactory.
The petitioner will screen the property with privet hedge to
be 5' tall at installatIon and to grow to a height of 12'. He in-
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'troduced a plan of the perimeter showing the screening and plantingi
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,trea tmen t.
Hr. Dan Wheeler spoke asking about proposed screening along
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Shu-i.
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the rear (bank) of the pr"emises and the necessi ty to do this.
grue stated it was intended to be a windscreen as well as a visual
screen.
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Mr. Gilbert Waine spoke and raised several items for consider~
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a tion. He stated he was not opposed to the use but was apprehen- !
:sive about the water run-off and the plan for carrying the surface
water.
Mr. Waine stated he did not belie~e the design offered by Mr.
Shugrue was sufficient to carry the water and that the impact of
the new fill would cause the water to collect in larger amounts
and flood his property.' He stated the effect on his improvements
.'would be serious if the surface water were to run off onto his land.
and undermine his bui ldin'gs. lIe stated he is now experi.encing sill
rot in his building cauied by a rising water table under the build~
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ing. The water table rised beeause the fill placed on the adjacent:
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property compresses the land area under the fill and causes a cor- !
responding rise in adjacent land area tables. Mr. Waine '9uestione~
whether the fill and grades would accomodate the water now flowing
off Cliff Road via a pipe emptying in the rear of his lot.
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He stated this was a swamp area and there would be nowhere for'
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the water to go. Hr.. Waine also stated that daylight opera'tion
.could mean 4:00 A. M. to 9:00 P. M. Ilis motel clientele includes
many families, and these hours of operation would be detrimental
to their rest and relaxation. ,
Mr. Shugrue resporided by saying that the fill placed on the
,petitioner's parcel ha~ no effect on adjacent water tables. He
said the water table is constant within several inches, and the
placement of fill does 'not alter this table.
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Mr. Shugrue stated ,the installation of 455' Of l2" pipe with
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the propos~il catch basins is adequate to carry off all the water
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noW collecting. The basins will be installed 4" - 5" below exist- !
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lIe a.1so stated there would be toilet facilities and that town I
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ing grade.
sewer connections would be used for this purpose.
A question was raised by ~r. Waine about the granular surface
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of the courts and .hetbe~ it would blow onto his property. ~. Sh~-
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grue stated tbe munufactbrer bas advised him that the surface ~t- I
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erial should not blow. If it does present a problem, it is planned
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to cover the surface with a 20 mil. polyethylene cloth. The edge
of the eloth will'be covered with 2' x 6' planks with cement block
or sand ba~ weights.
The faeility will be open to the public on a fee basis.
There followed a general discussion concerning the adequacy
. and condition of existing sewer lines and thea accuracy of grades
as repurted by Mr. Shugrue.
It was determi~ed that the chairman would meet with the par-
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ties with the Superintendent of Public Works on the site with ar-
rangements to be made by Mr. Shugrue.
This petition was tabled pending the results of that meeting.
Wednesday, Febru~ry 2, 1977: At 1:00 P. M. the Chairman met
,with Mr. Shugrue, Mr. Watne, Mr. Clute (DPW) , and Mr. Egan (DPW)
at the site. Catch basins were opened and examined in the presencE
of all parties and were found to be in satisfactory condition. ThE
proposed handling of surface water was reviewed in the presence of
all part ies and was' pronounced to be sat isfactory by Mr. Clute wit]
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the stipulation that the Town would require all maintenance of the
petitioner'S lines tu be done by the petitioner and that the Town
would not be liable {or flood back-up caused by extreme high tides
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The elevation of the proposed catch basin was determined to b~
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2' above the pipe leading-into the Town sewer.
A general discussion followed that dealt with additional re-
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medies available to hanaiB surface water in the rear of the Waine
and the petitioner's properties. It was agreed that the Town would'
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clear out or excavate a db,ch along the rear of the properties and I
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cause the surface water to flow to a line now on the Silva land.
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At tlw ;-;onclusion of the meeting, all parties were in agree-
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ment that the pr6posed use and plan could be established with ade-
quate safeguards.
After due deliberat~on it was determined that:
1.
The proposed use is allowed by special permit, and the use
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.may be incorporated in the area and is in accord with the general
motel-recreational uses now in the area.
2. Appropriate safeguards attached to the granting of the
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permit should be made to insure compliance with the proposed devel...!
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opment plans filed with the &)ard of Appeals by the petitioner.
3. The proposed use can be established and maintained with-
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out injury to adjoining premises or depreciation of value or enjoYl
ment of the neighborhood.
Upon motion of Mrs."Backus, seconded by Mrs. Cahoon, it was
unanimously voted to grant the petition subject to certain condi-
tions, and therefore, a special permit is granted subject to the
following conditions:
1. The filling, grading, and elevations of the premises will
be completed in accord with the plan of development, Pet. Ex. #1
"Tennis Court Complex, 11-15-76 rev. 1-15-77";
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2. Screening by 1r...4":,",,,~" hedge at least4-5'in height at plant-
ing will be established and maintained as shown on Pet. Ex. #l.
'along areas marked in green;
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:3. en tch ba~ i ri~ and c!.l'ai n ] ines wi 11 be installed and main-
tained in good w()rkinK order all as shown on Pet. Ex. #1 and Pet.
Ex. #2. "Plan and Pro ri Ie of l2" Drain, 12-27-76";
4. Noise levels will be maintained at levels not substanti-
ally greate~ than levels'iet out in a report on the transmission
of noise, February 1, 1977, being Pe~itioner's Ex. #3; and,
5. lIours of operation will be as follows:
a. Courts 1, 2, 3, and 5, as shown on Pet. Ex. #1, will not
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operated prior to 7:00 A. M. and not later than 9:00 P. !
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b. Court 4' show n said plan, will not be operated . I
, as on pr10I1
to 8:00 A. H. and not later than 8:00 P. M.
c. No lights, artificial illumination, or sound amplifiers
will be permitted unless the same shall involve a special tourna-
ment or promotion and then only after review and consent of the
Board of Appeals.
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