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HomeMy WebLinkAbout1987-11-23273 The Planning Board held a regular meeting on November 23, 1987 in the Town Hall Library/Conference Room. The meeting was called to order at approxi- mately 8:11 p.m. with the following members present and voting: Paul Hedstrom, Chairman; George Perna, Vice-Chairman; John Simons, Clerk; and John Burke. Erich Nitzsche was absent. Scott Stocking, Town Planner announced the issues listed on the agenda that have deferred from this meeting. They are as follows: Public Hearing for Lot E Flagship Drive and Graywood Estates. Also being deferred, listed under Bond and Covenants is the French Farm As-Builts. PUBLIC HEARINGS Stevens Memorial Library - Site Plan Review John Simons read the legal notice to open the public hearing. Letters were received from the Fire Department (3), Public Works Dept., Building Inspector (2), Conservation Commission and the Board of Health and are available upon request. It was noted that the size of the building that was listed in the legal notice was incorrect. The addition is about half the size listed or about 8,000 square feet. Gall Woodhouse, architect from Amsler Hagenah Maclean, presented the Board with the plans. The biggest issue is meeting the Zoning Bylaw with regards to the number of parking spaces that are required. Middlesex Street from Greene Street to Main Street will be closed off due to the safety factor. David Rand, Safety Officer, spoke to the Planning Board and agrees with the proposal of closing Middlesex Street from Greene Street to Main Street. The stop sign on Greene Street is to remain for the present time. John Simons asked about the design of the addition. Ms. Woodhouse stated that the architectural design will be compatible with the existing building. The mature trees are to stay with the exception of some of the large pines trees found towards the rear of the existing structure. Peter Garofoli of Bradstreet Road, spoke about the traffic which comes up Middlesex Street and the volume that would be routed to Bradstreet Road. John Schrader, Senior Warden of St. Paul's Church, also Spoke to the Board about a stream that fills the church cellar which comes across the street from the park and whether the construction of the addition will effect the present condition. Construction will possibly begin in about a year. State funds to match Town funds have to be met before construction can begin. MOTION: SECOND: VOTE: By John Burke to close the public hearing and have the Planner write a favorable decision. George Perna Unanimous of those present Special Town Meetin~ Report 1060 Os~ood Street John Simons read the legalnottce to open the public hearing. 274 Jason Rosenberg, attorney for the owner of the property, Jeanne Lynch, spoke to the Planning Board. Attorney Rosenberg stated that the previous Building Inspector, Charles Foster, issued the permits. An on-site inspection of the property by Mr. Foster, Karen Nelson, and Attorney Rosenberg was made. The cleaning establishment was in violation of the Zoning Bylaw. Also there is a question whether "clinic" is allowed since it is not in fact a medical use. Michael Feinman, also spoke citing that the applicant is r~questinga Business -2 (B-2) Zoning District. He also stated that the nature and quality is not out of character with the surrounding area. John Simons questionedthe size of the lot and wanted to know when .the building was built and why it did not come before the Planning Board for Site Plan Review. Mr. Ippolito stated that he ~ad submitted the plans to the building inspector for a permit and he was told that because he was replacing a de- stroyed building he did not have go go before any other Boards. Michael Feinman is to supply the Board with a letter which shows the differences between the I-2 and B-2, Zoning Districts. Mr. William Chepulis, 1018 Osgood Street, spoke to the Board about the existing Zoning District in the area and that the applicant shoud have marketed the building as an industrial structure. Damages to his property have not been addressed. MOTION: SECOND: VOTE: By John Burke to take the matter under advisement and close the public hearing. George Perna Unanimous of those presen~ Abbott Village - Definitive ModifiCation & 2 Common Driveways - Special Permits John Simons read the legal notice Lo open the public hearing. Letters from the Board of Health, Fire Department, Police Department and the Conservation Commission were also read. John Simons also read the legal notices to open the public hearings on the two (2)! Common Driveways Special Permits. Letters from the Board of Health, Conservation Commission, Fire Department and the Police Department were also read, regarding the common driveway applications. Thomas Neve presented the Board with the Modification of the existing plans. In summary, the initial plans alsoisubmitted in 1985 to the Consevation Commission are under litigation after appealing the NACC decision. The site' contains 50 acres,~ Mr. Neve showed the Planning Board the changes/modifications that were made on the plans. Three lots are on both sides of the wetlands to be serviced by one of the common driveways. The length of the cul-de-sac is 1850' long. The Board wanted to know why the applicant had not accessed the third lot from another point. After a lengthy discussioniof the proposed common driveways, the board heard from Jack Linden of the Conservation Commission. Mr. Linden had questions about the driveway crossings, buffer zone and the culverts. A detailed constructionsequence willibe submitted Mr. Neve. This development will fall under the Phase Development Bylaw. The following abutters were present: John Schrader, Linda Schrader, Jim Burke and Terry Turtle. They expressed concerns about the following issues: drainage, intention of the Board with respects to connecting to Woodberry Lane, run-off, wetlands,sidewalks. 275 and safety issues. Also present was Dick Heller who is an abutter with concerns. Scott Stocking stated that with regards to looping the water system, it would be impossible with no easement. Tom Neve addressed the re-alignment of the road entering Abbott Street. MOTION: SECOND: VOTE: By John Burke to take the matter under advisement and continue the public hearing to December 17, 1987. George Perna Unanimous of those present. FLagship Drive Lot E - Site Plan Review (con't) Scott Stocking received a letter from the applicant. Channel Building. applicant wishes to ,withdraw without prejudice. By John Simons to accept the withdrawal without prejudice. George Perna Unanimous of those present MOTION: SECOND: VOTE: Digital Consulting - Site Plan Review (con't) The John Simons read letters from the State DPW, Building Dept. and the N.A. DPW. Joseph LaGrasse spoke to the Board about two issues that were brought up at the last meeting: the buffer setbacks and Form A Plan showing Lot 4A, which was done before 1985. Mark Johnson, representing the applicant, has spoken with town Counsel and has gore over the Town's Bylaw with regards to the setbacks. John Simons had concerns about the screening of the buffer zone. Joseph LaGrasse showed the Planning Board the Landscaping Plans. Paul Hedstrom asked of what material the building was going to be constructed of and the lighting of the area. The building is to be made of bric~ with some arches. Mrs. Schussell spoke to the Planning Board and stated that the building would in harmonious to that which is already present in the area. By John Burke to instruct the Planner to draw up a favorable decision incorporating all the items the Dept. Heads have come up with and sit down with architect and go over the buffer and to close the public hearing. Decision for Dec. 3, 1987. John Simons Unanimous of those present. MOTION: SECOND: VOTE: John Burke left the meeting at 10:20 p.m. Long Pasture - Definitive Subdivision (con't) Scott Stocking spoke to the Board regarding the research of the deed showing Turtle Lane. No easement exists in the records of the Deeds Office. George Perna stated that there were four issues to be addressed: 1. roadway easement 2. catch basins - Forest Street 3. perc test data 4. is this a filing? 276 Paul Hedstrom stated that the question of this being a filing was not an issue. Phil Christiansen stted that no additional data regarding the perc test has been submitted. Phil Christiansen addressed the issue of the perc test being in the correct location which was brought up by Carl Schoene. Scott Stocking was asked to go over the plans with Michael Graf, the Health Agent. Mr. Christiansen stated that the catch basins do not connect to anything. They were designed to be leaching bains. Drainage issues to be gone over with Erich Nitzsche. Carl Schoene spoke to the Planning Board with regards to the Rules and Regulations and the filing of plans. Paul Hedstrom stated that when the applicantion is stamped by the Town clerk the statutory time period starts. After a heated discussion between Carl Schoene and the chairman, Paul Hedstrom about if the facts involved with a complete filing, Paul Hedstrom said that the Board would not make a decision on the subdivision until all the facts were considered. Mr. Schoene is concerned about a wter easement near his property. Paul Pliniski spoke to the Planning Board about the drainage and if it could go across Forest Street and connect to the catch basins for New England Power. John Simons questined the possibility of cluster development because of topography of the land. Phil Christiansen stated that there are 7 Form A lots on record in the Registry of Deeds. The preliminary plans contained 15 lots, the present plan shows 11 lots. Phil Christiansen is to send a copy of the proposed easement to Carl Schoene. Scott Stocking, Town Planner is to check with Town Counsel with regards to cluster development in this area. Would this developmemt still be grandfathered under 1 acre zoning and whether this would be a legal issue since the preliminary plan showed a subdivision, and not a cluster development. The issues to be addres§ed are: 1. drainage to New England Power 2. per tests 3. easement document MOTION: By George Perna to continue the public hearing until Dec. 3, 1987, to have the issues answered and accept a letter of extension from the applicant. SECOND: John Simons VOTE: Unanimous of those present Graywood Estates (cont'd) MOTION: By John Simons to accept the extension and continue the public hearing until December 3, 1987 SECOND: George Perna VOTE: Unanimous of those present. 277 DISCUSSIONS 1070 Osgood Street Scott Stocking, Town Planner stated that the applicant was not happy with the draft decision. Jim Bourgeois spoke to the Board and introduced Steve Anderson, who is representing the applicant. Mr. Anderson has been working on the issue of whether the parcel is in the Watershed DIStrict. Paul Hedstrom stated that if this parcel is grandfathered as to use then the moratorium that denys building permit issuance is not applicable to this parcel, but they fall under Site Plan Review Policy and all dimensional requirements. Tom Neve stated that the wetlands on the property are not tributaries to the lake. John Simons stated that by definition on the ZOning Map, the parcel is in the Watershed. The Board needs time to review the file regarding the wetlands on site and its adjacent watershed and the tributaries. The Board to review the file and determine the merits of this application in order to make a sensible decision as soon as possible. Housing O?portunity Partnership Scott Stocking spoke to the Board about proposing a Housing Partnership with the State for the purpose of reviewing comprehensive permits. Scott stated that as it stands now, the Board of APpeals hold a public hearing within thirty days and acts. The Planning Board goes on record that they are infavor if a Housing Partnership with the State. MOTION: By John Simons to go into Executive Session to discuss Half Moon Woods which is in litigation. SECOND: George Perna VOTE: Unanimous of those present. It was announced that the public meeting would reconvene after the Executive Session by Chairman, Paul Hedstrom. The Board went into Executive Session at 11:15 p.m. MOTION: SECOND: VOTE: By George Perna to go out of Executive Session and continue the public meeting. John Simons Unanimous of those present. The public meeting continued at 11:30 p.m. DISCUSSIONS Salem Forest III The Planning Board has already voted to sign the plans. The actual signing took place, after review of the conditions contained in the decision to be placed upon the plans with the Town Planner. Representative for the Merrimack Valley Planning Commission MOTION: By John Simons to nominate John Burke to the position. SECOND: George Perna VOTE: Unanimous of those present. DECISIONS LaColla - PDD Because there were not four members present, the Board could not act on the decision. (Special Permits require a 2/3 vote of the Board). 278 DeRosa Truckin~ - Site Plan Review Because there were not four members present, the Board could not act on the decision. (Special PErmits require 2/3 vote of the Board). Breckenrid~e Estates - Definitive Subdivision MOTION: By George Perna to accept the decision as drafted and amended by SECOND: VOTE: NOTE: the Board in open session. John Simons Unanimous of those present. Decision is part of minutes. BONDS & COVENANTS Carlton Farm & Johnny Cake Street MOTION: By John Simons to release funds in the amount of $3,125 for Carlton Farm and $13,400 for Johnny Cake Street as per letter from the Public Works Department. SECOND: George Perna VOTE: Unanimous of those present French Farm - As-Builts The Board has not gone over the As-Built Plans. Erich Nitzsche to review for the Board and make a recommendation for Board action. Kara Drive - Mills Hill The Board has not received any response from the Highway Department or the Public Works Department. No action taken. Frances Estates - Lot Release No response of work completed. No action taken by the Board. Willow Street - Bond Release MOTION: By John Simons to release funds in the amount of $95,000 per letter from the Highway Department. SECOND: George Perna VOTE: Unanimous of those present. Cranberry Lane - Release of Covenant MOTION: By George Perna to accept the recommended figure of Buddy Cyr, of $25,000 to be set by the applicant. No lots released at this time. SECOND: John Simons VOTE: Unanimous of those present. Oakwood Estates - Bond Release No correspondence from Town Departments, no action taken. Wintergreen Estates - Bond Release No correspondence from Town Departments, no action taken. Bear Hill - As-Built Erich Nitzsche to review the As-Built Plans and make a recommendation for the Board action 279 Springhill - Bond Release No action taken by the Planning Board, too many issues %o be resolved. Retention ponds and landscaping issues need to be addressed before any additional money is released. MINUTES MOTION: SECOND: VOTE: By George Perna to accept the minutes of October 19 and October 22, 1987. John Simons Unanimous of those present. MOTION: By John Simons to adjourn SECOND: George Perna O~ VOTE: Unanimous of those present. C~ Meeting adjourned at 10:00 a.m. Paul A. Hedstrom, Chairman ~anet L. Eaton, Secretary