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HomeMy WebLinkAbout1987-10-19261 Planning Board continued their regular meeting from October 19, 1987 on October 22, 1987, at 8:00 p.m. in the Selectmen's Meeting Room. The following members were present and voting: George Perna, Vice Chairman, John Simons, Clerk and Erich Nitzsche. John Burke was absent. Paul Hedstrom at 9:15 p.m. DISCUSSIONS Coventry Estates - Common Driveways Scott Stocking presented the Planning Board with an update on the status of the three (3) common driveways for Coventry Estates. No decision has been rendered and the last public hearing was held on April 24, 1987. At that time the Board was to visit the site. Erich Nitzsche suggested that the applicant be notified and continue the public hearing. The applicant has been notified. John Simons suggested that the applicant could withdraw without prejudice and that the notice may not be valid. Coventry Estates Common Driveway Special Permit is to be put on the November 9, 1987 meeting. MEETING DATES DECISIONS JERAD II DEFINITIVE MODIFICATION Scott Stocking spoke to the Planning Board regarding the modifications which were placed on the plans. Working changes to be made from the original conditions stated are as follows: Condition B to read: The developer shall record the documents for the Town. Item #10 to read: The developer shall submit to the Planning Board an erosion plan for Planning Board approval. Item #13 to read: A bond of $24,000 for As-Builts shall not be released until approved by the Planning Board. Item #2, second sentence to read: At this time a temporary turnaround easement shall be placed upon lot 32 and 33 and all pavement utilities within the temporary turnaround easements with the exception of drive- ways and services to dwellings on lots 32 and 33 will be removed in the area, loamed and seeded upon extension of Sugarcane Lane into the Seven Oaks Subdivision, if approved. Adding Condition: That lot 29 will not be built upon until rear access is taken with blance of land. MOTION: SECOND: VOTE: By John Simons to approve the modification subject to the above conditions changed and added to original. Erich Nitzsche Unanimous of those voting 262 Salem Forest III - Definitive Modification Order of Conditions has been placed on plans. The Conservation Commission requested that the cul-de-sac be moved slightly away from the wetlands. The following changes are to be added: Item #8 to read at the end: prior to endorsement. Item #9 to read: stone monuments will be placed at side line of Hawkins Lane at 30' access easements. Stone bounds to be marked "Public Access". Item #15 to read: Ail easements shall be executed and deeded to the Town of North Andover prior to endorsement. MOTION: SECOND: VOTE: By John Simons to approve subject the above conditions being added. Erich Nitzsche Unanimous of those voting The Town Planner, Scott Stocking spoke to the Planning Board about an extension needed for Jeffrey Place Subdivision. The applicant filed an incomplete application, time stamped so that it would be grandfathered under the previous zoning bylaw. An extension was granted until December 21, 1987, by the applicant. Minutes September 28, 1987 MOTION: SECOND: VOTE: Erich Nitzsche to approve the minutes John Simons Unanimous of those voting On a Motion by Erich Nitzsche and seconded by John Simons the Planning Board recessed for twenty five minutes until Paul Hedstrom arrived, at 9:15 p.m. DECISIONS Zanni Family Trust - Site Plan Review The following amendments to be added to the draft decision: Item #6 to read: shall (not should) be stabilized with stone rip-rap Item #7 to read: stone mulch, 1½ in. stone, 8 in. bed Item #9 to read: As-Built Plan shall be submitted for approval by the Planning Board prior to occupancy permits. MOTION: By Erich Nitzsche to approve the draft and amendments as stated above. SECOND: John Simons VOTE: Unanimous NOTE: Decision is part of minutes Marco Industries - Site Plan Review Erich Nitzsche stated that the mitigation of run-off had not been addressed. 263 MOTION: SECOND: VOTE: By John Simons to approve the 6,000' addition only and the Planning Board will be provided with written evidence from the Highway Dept. stating the drainage system is acceptable, and that an As-Built Plan will be submitted prior to occupancy permit. Erich Nitzsche Unanimous Kenneth Crouch - Site Plan Review Scott Stocking, Town Planner, presented the Planning Board with a draft approval. The Board added the following conditions to the draft. 1. Reduce the width of the building by 5' to provide additional area between the structure and the pond. 2. Complete As-Built Plans will be submitted to the Planning Board reflecting all works performed under this Special Permit prior to issuance of Occupancy Permit. MOTION: SECOND: VOTE: By John Simons to approve the draft decision adding the above conditions. Erich Nitzsche Unanimous 1070 Os~ood Street - Site Plan Review Scott Stocking, Town Planner presented the Board with a draft decision stating six conditions. The Planning Board added the following: 1. Construction of the building and sewer to begin at the same time. 2. No Occupancy Permit will be issued until the sewer is complete. Stephen Madaus, Environmental Coordinator, spoke to the Board regarding a survey that was conducted. The following was noted: 1. Clerk's map (topo map) scaled at 1 in. to 200 ft., the Watershed District runs accross the front of 1070 Osgood Street. 2. IEP Map excludes 1070 Osgood Street from the Watershed District. 3. Zoning Map shows 1070 Osgood Street in the Watershed District. Paul Hedstrom stated that the Zoning Map is for determining of the Zoning Bylaws and that the Board is frozen in its interpretation of whether it is in the Watershed District. Scott Stocking stated that the applicant, after reviewing the draft by staff, suggested that the language be changed in the following conditions. Condition #1: To state: The applicant and building department have questioned location of the Watershed District boundries with reference to this site. In view of this issue the Zoning Board of Appeals must determine whether a variance pursuant to Section 4.133.4C is necessary for this project and if so whether such a variance should be granted. Condition: 5: to read: No underground fuel storage shall be permitted for this project. 264 Erich Nitzsche stated that he is not convinced that this site is not in the Watershed District, if onot by surface water ground water and preferred that condition $5 contain "as it is in the Watershed District". After a lengthy discussion between the Planning Board and Jim Bourgeois the following issues still have to be addressed: 2. To address the issues the applicant should: 1. Have a geotechnical survey done. 2. Go to the Board of Appeals. An extension is needed for the issues to be addressed. tabled awaiting further information from the applicant. BOND RELEASES AlqD COVENANTS Which way the ground water flows. Map approved shows the location to be in the Watershed District. The decision was John Simons left the meeting while the bond releases were before the Planning Board. He did not vote. ORCHAI~D PATH Acceptance of Bond MOTION: By Erich Nitzsche to accept the substituation of Form K Bond dated October 21, 1987 on Orchard Path and to return the bond dated September 14, 1987, which we have accepted and have held ~:>pending this and vote to sign the Covenant Release for Lots 4,5~6, and 7. SECOND: George Perna VOTE: Unanimous of those voting. George Perna, Erich Nitzsche and Paul Hedstrom. NOT VOTING: John Simons Daniel McConaghy, Assistant Building Inspector, wantd to know, for the record, that the Board had voted to accept the bond prior to this eveningfor~Or~hardPa~h. Paul Hedstrom stated that they (the Board) had and wanted to be very clear on this. "We have been holding a bond that was presented to us on Sept. 14, 1987 that was not in acceptable form but was better than nothing, so we accepted it and demanded of the applicant that the corrections be made and the Board did not release any covenant on Orchard PathV. An acceptable form has been voted on at this meeting. French Farm Village As-Built Plans to be reviewed. To be put on the November 9, 1987 meeting. 265 MOTION: By George Perna to release $135,000, as outlined by Buddy Cyr, Highway Department. The remaining amount of $40,000 will not be release until the As-Built Plan are submitted and reviewed. SECOND: Erich Nitzsche VOTE: Unanimous of those votin~' '~'~- NOTE VOTING: John Simons BOND RELEASES AND COVENANTS Bearhill Subidivsion Scott Stocking read a letter from Buddy Cyr, dated October 19, 1987 stating that no significant work has been performed on ths portion of Bearhill Subdivision during the past year. John Madden requested a full accounting of what is left of the bond and what it is for. A punch list is needed from the Department of Public Works with a breakdown, item by item and prices. Scott Stocking to send a letter to Buddy Cyr requesting punch list and breakdown for the applicant. Applicant wished to be placed on the next agenda for the status. John Simons returned to the meeting. COVENTRY I MOTION: SECOND: VOTE: By George Perna to release $127,000 subject to the conditionds listed in Buddy Cyr's letter and the deadline of thos conditions being November 10, 1987. Erich Nitzsche Unanimous OAKWOOD ESTATES MOTION: SECOND: VOTE: By Erich Nitzsche to release $27,000. George Perna Unanimous Mill Hill - Kara Drive Mr. Giard, an abutter to the subdivision, said there is not easement for the sewer that runs accross his property. As-Built Plan have not been submitted. Ramsey Bahrawy, attorney representing Mr. Giard was present at the meeting and spoke briefly to the Board. MOTION: By John Simons not to release any money at this time. SECOND: George Perna VOTE: Unanimous MEETING MOTION: SECOND: VOTE: NIGHT CHANGE By George Perna to change the meeting night to the first and third Thursday of the month and starting at 7:30 p.m. starting with the month of December. John Simons Unanimous 257 Planning Board Meeting October 19, 1987 The Planning Board held a regular meeting on Monday evening, October 19, 1987 in the Town Office Library/Conference Room at approximately 8:03 p.m. with the following members present and voting: George Perna, Vice Chairman John Simons, Clerk; John Burke and Erich Nitzsche. Paul Hedstrom arrived at 8:35 p.m. PUBLIC HEARING Digital Consultants - Site Plan Review John Simons read the legal notice to open the public hearing. He also read letters from the Fire Department, Police Department, Conservation Commission and the Board of Health. Joseph LaGrasse presented the Board with the plans. Highlights of the presentation were: 1. Located on 80,000 square foot lot 2. 5,300 square feet footprint for the building 3. Maximum employees - 65-70 4. Peak traffic - 35 cars per hour 5. 4x8 maximum sign - DIGITAL CONSULTING 6. A three story, brick and glass building 7. Landscaping and buffer - to preserve existing trees. 8. Height of building - 45' Notice of Intent has been submitted to the Conservation Comission. John Simons questioned the Zoning District. Variance needed - 50' setback. Dr. Schussell spoke to the Board about the traffic issue and the employees trips to and from the building. Erich Nitzsche had concerns of mitigation and the access between the building and the wetlands. Stephen Stapinski clarified both concerns, stating that the computations for mitigation were included in the Chestnut Green Project and that the access between the building and the wetlands was 12'. Mark Johnson, representing the applicant, disagreed with the opinion of the Board as far as what the property abutts and whether or not they have to comply with the extended setback requirement. An interpretation is needed from Town Counsel. MOTION: SECOND: VOTE: By John Burke to continue the public hearing until Nov. 23, 1987 John Simons Unanimous Seven Oaks - Definitive Subdivision John Simons read the legal notice to open the public hearing. He also read letters from the Fire Department, Police Department, Conservation and the Board of Health. Romas Brickus presented the Board with an overview of the proposed project. Highlights of the presentation were: 1. Raving 24½ acres, each lot 2½ acres 2. Traditional New England Homes 3. Planned preservation 4. Replanting areas disturbed by construction 5. Horses on three island lots Phil Christiansen also spoke about major concerns to be adressed: 1. Change road connection location with Jerad Place II 2. Reduce road curves 3. No common driveways 4. No individual driveways across the wetlands Scott Stocking, Town Planner spoke about the possibility of splitting parcel #18 into 3 lots. Also the possibility of the Miller property connecting with Seven Oaks Subdivision. Letter was sent to Mr. Miller requesting that he submit a Definitive Plan showing a connection. Erich stated that he would have difficulty supporting a scenic road and common driveway permit to gain access to parcel #18. MOTION: SECOND: VOTE: By George Perna to take the matter under advisement and close the public hearing. John Burke Unanumious Long Pasture - Definitive Subdivision John Simons read letters from the Board of Health, the Dept. of Public' Works and 3 abutters letters from Carl Schoene, Paul Pliniski and Nancy Wedge. Carl Schoene questioned the filing of this definitive subdivision plan with regards to the rules and regulations and the plans being complete. Scott Stocking, Town Planner, stated that the Planning Board has accepted plans that were incomplete and that the Board has approved plans that need additional information, and that this applicant should not be singled out because of it. Scott Stocking said that the issues that were to be addressed were 1.) hydrants and 2.) the wetlands. Also, stated the fact that there are 7 approved Form A lots on Forest Street. Paul Hedstrom stated that he does not believe that. any Planning Board has the discretion, under the statue, to deem a plan not to be a filed plan and that the stamping of it in the Town Clerk's Office starts the process of being filed. Phil Christiansen spoke and stated that the plans were complete. He also said that with regards to easements, he does not believe any plans submitted has all that paperwork complete. Issues from the Dept. of Public Works that have to be addressed are: 1. Drainage 2. Leaching catch basins 3. Septic systems 4. Turtle Lane alignment Erich Nitzsche questined the easement of the road and whether or not it was recorded. Scott Stocking is to check with the Registry of Deeds about the easement being recorded. 259 Concerns of Mr. and Mrs. Pliniski were as follows: 2. 3. 4. 5. MOTION: SECOND: VOTE: perc test holes - size identification of test pits and perc tests on the plans wetlands their well and the location of adjacent septic system height of roadways and the location and design of the catch basins By George Perna to continue the public hearing and direct the Planner to draft a letter to the applicant. John. BurkeF~ Unanumious ~ , . Phil Christiansen spoke to the Planning Board about the status of Stiles Street. Town Counsel has advised the Planning Board that it is a private way. Buddy Cyr said that as long as he can remember and as far back that Stiles Street was a private way and never maintained by the Town. Mike Stella wanted to know if any of the other boards had responded, like the Board of Health on the septic system. Issues concerning the Planning Board were: 1. parcel size 2. rights of Stiles Street 3. number of buildable lots , B John Burke to continue tJae pghl.~cw~ ~i~ar~.~for MOTION: y ~ . . ,:~.;~ .... ~: . .... ~. .~. and copy the Town Counsel s letter for applicant and Send a ~O~ to the abutters. SECOND: George Perna VOTE: Unanimous BreCkenrid~e Estates - cont'd John Burke read a memorandum from the Town Planner with regards to the Dept. of Public Works and the issue of an islands within cul-de-sac's. The Public Works Dept. will not support islands because there are no standards for them in the Town Bylaws. MOTION: By John Burke to direct the Town Planner to write a favorable decision eliminating the island in the midde. SECOND: Erich Nitzsche VOTE: 3 in favor Abstaining: George Perna APPROVAL NOT REQUIRED FORM A's Willow Street - Creatin8 a Parcel A parcel of 940 square feet being created and edicated to the Town to widen the right of way. MOTION: SECOND: VOTE: By George Perna to accept the plan with a note on it that the land be deeded to the Town and an instrument executed. Erich Nitxsche Unanimous 260 DISCUSSION Hickory Hill Peter Caruso, attorney for the Hickory Hill Subdivision spoke to the Planning Board. The preliminary plans have been approved and the definitive subdivision plans have been filed. The property abuttes the Mazurenko Property. Issues to be addressed are: 1. road - subject to easement 2. sewer - 3 possible ways with major easements issues. After a lengthy discussion on the above items the discussion was closed. MOTION: SECOND: VOTE: By George Perna to close the meeting and continue it on Thursday evening, October 22, 1987 at 8:00 p.m. Erich Nitzsche Unanimous The meeting adjourned at 11:30 p.m. Paul A. Hedstrom, Chairman ~anet L. Eaton, Secretary