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HomeMy WebLinkAbout1985-02-25February 25, 1985 Regular Meeting The Planning Board held a regular meeting on Monday, February 25, 1985 at 7:30 p.m. in the Town Office Meeting Room with the following members present and voting: Paul A. Hedstrom, Chairman, who arrived late; Michael P. Roberts, Vice Chairman; John J. Burke; and Erich W. Nitzsche. Highway Surveyor William Cyr entered the meeting late. PUBLIC ~RARINGS Equestrian Estates - Definitive SubdiVision Member Burke read the legal notice. Mr. Scott Bailey of Neve Associates and Attorney Kenneth Hyde, applicant, were present. Mr. Bailey made the following presentation: - There are detention ponds on the site. There are 32 proposed lots on approximately 80 acres for single family dwellings. - Each will have a septic system. This plan was previously presented as Ingalls Crossing III. The cut and fill on the site will be the same. There will not be a lot of material brought on or off the site. - They are open to whatever the Planning Board has to suggest. - One of the Preliminary Order of Conditions was that the trucks must come in through Forest Street but that can change. The time schedule for construction of the road is 8 to weeks. The houses will be from $230,000 to $300,000. be from $65,000 to $85,000. The lots will The following citizens spoke at the hearing: Joanne Prendergast Steve Manning BOb Abdou Jim Ronan Beverly Longveil Jim Sweeney Peter Savage Pren~ergast-stated-L~- that there are two lots being cut off Mrs. Sharpner's Pond Road. Ken Hyde responded that that is a 13 lot plan which is not part of this subdivision. This proposal is to get the road through and when the weather breaks it will be done immediately. Mr. Ronan stated that on access and egress, the Plannning Board said that all traffic must come down Sharpner's Pond Road to Forest Street. Mr. Manning stated that there are several children on Forest Street. He wants the previous condition rescinded. Member Nitzsche stated that it seems that a lot of people are here because of the traffic concern and that the decision was made at a preliminary stage in an effort to control traffic to and from the subdivision. Mrs. Longveil asked if the Board has consulted with Town Counsel about jurisdiction over traffic control. Mrs. Prendergast said her concerns are whether the road construction will begin or end at Laconia Circle. She asked if the old circle will be torn up. She wants it seeded. Mr. Bailed responded that he will have to consult with Mr. Neve and Member Burke added that the cul-de-sac is temporary. Mr. Sweeney asked about a pond and whether or not the construction will impact it. Mr. Bailey said it will not - the conditions will not change. There will be controls so that the drainage will be the same. They are working with the Conservation Commission on it. Mr. Abdou asked who will build the houses. Mr. Hyde responded that they have hired Claude Miquelle as an architect. There are 25 different plans to choose from. They have planned the subdivision so that the homes blend together. Mr. Savage asked what the difference is between a road and a common driveway. Member Burke responded that the applicants will have to petition the Planning Board for Special Permits for common driveways and that any discussion will be taken up at those public hearings. Note: Chairman Hedstrom arrived. Mr. Brown asked if any houses would be built near him. Mr. Bailey said no. The Environmental Impact Statement was referred to regarding traffic. Mrs. Longveil asked about fire department access off the proposed common driveways. Member Nitzsche responded that it will be addressed at the public hearings on the proposed common driveways. MOTION: by Mr. Burke to close the public hearing and take the plan under advisement. SECOND: by Mr. Nitzsche VOTE : Un~l~.g~ous~- motion carries Member Nitzsche added that at the preliminary stage, the Planning Board required that Equestrian Circle be extended through. He doesn't feel confident that it has been addressed. Mr. Hyde responded that Tom Neve supplied the Planning Board with a letter and a plan about a month ago. It pointed out the restrictive covenants. Teoma Estates - Definitive Plan (continued hearing) Steve Stapinski of Merrimack Engineering made the following presentation: At the last hearing, the Planning Board continued it to give the abutters an opportunity to meet with the petitioners. They provided some additional anylyses of the design of the storm drainage on the site. They have walked the site with an abutter and had discussions. They have reviewed the previous hydrological work and they are completing an analyses so that they will provide a 0% increase on the site on to adjacent properties. The additional info~m~atiqn is~.~he result of meetings with the town staff over ~the la~t~.9 ~%eks. Member Nitzsche stated that additional information on drainage has not been submitted. Mr. Stapinski added: He does not have definitive numbers on the site. He did not know they were requested. He will submit them this week. Mr. Paul Perrochi, 394 Boston Street, said that at the last meeting, arrangements were supposed to be made with Mr. Stapinski to walk the property. They were not made until Friday morning. He has hired an engineer to review the plan and he needs additional information. He wants information on site distances, 0% run off calculations, and drainage. It will take time for his engineer to review it. He also has concerns about traffic conditions. He found out that there is an easement that the Planning Board is asking the developers to lead back to more property. It could mean another 35 houses. Boston Street cannot handle the traffic. He wantes to know whose idea it was. The 35 acres leads to more landlocked land. Boston Street will become a super highway. Attorney Peter Caruso, representing the developers, said they do not want the easement. His clients plan to live in the area and they are also concerned about the safety and traffic flow. They did not like the idea of having the easement placed on the property. They should not provide access to the Brown parcel. They should not open it up but they should leave it landlocked. He requested that the Board consider removing the easement to the back. Mr. Tom Cusson said that there are a lot of wetlands in the area. He asked if therea~e any guidelines. Chairman Hedstrom responded that the Planning Board has no jurisdiction over wetlands. It is the Conservation Commission's jurisdiction. Mrs. Joyce Perrochi asked about the wetlands and the water flowing through a culvert. She and Mr. Thornton presented pictures. She asked what protection they will have in the future that the valves will work. Mr. Stapinski responded that they are not proposing any structures with valves. There are no mechanical systems. On the holding area, they are not proposing to excavate the area near her property. It is a wetland now which acts as a holding area. Linda Morse, 408 Boston Street, stated that she has water coming up to her driveway. Beth Thornton stated that ladyslippers are all over the property and she questioned if they are an endangered species. David Thornton added that he took pictures the last couple of weekends. He is also concerned about the driveways. There were over 100 vehicles in one hour going over the hill. In 92 cases out of 105, it was over 2 seconds or less. He has almost been hit twice. The police said they could post a "Blind Driveway" sign. He is also concerned because last weekend, he went down to take some more pictures. He is 460 feet from Boston Street. The snow is a pool of water. There should be some distance between surface water and foundations. Paul Perrochi added that on the potential of the additional 35 acres, Boston Street turns into Jenkins Road. If the people in Andover knew about the 35 acres, they would also object. MOTION: by Mr. Roberts to continue the public hearing until March 18, 1985 and accept the written extension from the applicant for a public hearing date of 3/18/85 and a decision date of 4/15/85 and take the plan under advisement. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries Campion Hall - Definitive Subdivision (continued hearin~) Note: Mr. Cyr, Highway Surveyor, arrived here. Mr. James Curren of Cyr Engineering, made the presentation: following They have reviewed the report by the consultant, B.$.C. They have no qualms with any of the conditions in the report. They will go along with the participation of their remarks. They will request some means of entertaining how to funnel back the information to B.S.C. from this Board on the report. At a meeting held today they went over all the items and they have answers tonight. - He wants to do it on an informal note. Note: Mr. Cyr stated that he has not seen the report from B.S.C. Mr. Curren continued with: G.P.V., the applicant, will grant the Board an extension for a decision date. They want an opportunity to address the subdivision with B.S.C. because some of the points brought out have not been made privy to. If all the information has been submitted by his firm and B.S.C. has all the information in, the Board can close the public hearing tonight. Mr. Cyr added that he has met with Mr. Curren and his staff and they went over his concerns. The only thing they did not come to terms on is the design of the siltation collection box. He will not accept it. He drew up what is the most workable type and there is a difference of opinion. The conflict will be conservation vs water quality. When the flow is to the lake, it is the quality not the quantity that is the problem. Mr. Peter Savage of Bonny Lane stated that the abutters have not seen the report from B.S.C. He requested a continuation of the public hearing. Ms. Stella of Great Pond Road asked that the public hearing not be closed tonight. She stated that according to the Zoning By Law, the only way the single family subdivision can be considered is if Campion Hal! were converted to a single family home. That is not the case. There is a dormitory on the site. The Planning Board should not be considering single family lots at this time. She is also concerned that Campion Hall will remain in its present state and it could become a nursing home or something else. Unless it is made a single family home, it should not be considered. She has not heard anything tonight about the water. Chairman Hedstrom stated that the question of the single family home could be worked into the order of conditions. He added that the Board of Public Works is responsible for the water. The Planning Board follows their direction to the letter. The Planning Board has the right to disapprove the subdivision. He added that all the information is available in the file. Mr. Savage stated that they have received assurances from the developers about drainage. He wants to know when it will be addressed and he wants responses in writing. Mr. Curren said their responses will be available tomorrow. MOTION: by Mr. Roberts to accept a written extension to 3/26/85 and that the Planning Board take the plan under advise- ment and continue the public hearing to 3/18/85. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries OT~ BUSINE_~S French Farm Village - Request for lot releases A letter from Attorney Virginia Keaton was read and placed on file. Mr. Cyr reported that he has no problem releasing the lots. There is sufficient bond money. MOTION: by Mr. Burke to release Lots 6 through 10. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries Note: Chairman Hedstrom signed the release form. PLANS NOT REQUIRING APPROVAL Yee, Richard - Os~ood Street Attorney Ra~ph/B?~bagallo was Present~ ~ ,~ i - Member Burke said there was an agreement at th~'1984 Town M~eting when the parcel was rezoned which was ~mposed. He wants the restrictions on the plan MOTION: by Mr. Burke to approve the plan of land for China Blossom Realty Trust dated 1/22/85 under Subdivision Control Law Not Required with the condition that the four zoning restrictions be placed on the plan. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries OTHER BUSINESS Hill - Submittal of definitive plan for:~ignat~re Note: ~ember Burke'abstained' - Member-Nitzsche. said there are'sgmD issues, which'must be,resolved. They are the corner roundings on SUmmer street and' SPringHill Road, the access.easement to Commonwealth of MaSs.. land~-and the road cross sectionl ' ' : He does not like the location of the easement. It ;should be on another lot. - John Tuttle presented the documents. He saidlthe roundings and they are shown in easement ~rm~on"~' 'For~-'~ p'l'a_~' which also shows an easement along, the .entir~ ~ength .of.Summer' Street. ,~,:~ ~'~ Member Nitzsche said they never did. Mr. Cyr added that he has always been successful in obtaining requests from the town in this type of easement. It is a little unique and we can live without them if there is a hardship. He does not have a problem with it. Mr. Tuttle added that it has been addressed with the Town Planner and Mr.~Neve, the engineer and~it is, physically impossible~° meet all the ~riteria. Member Nitzsche said it is not in conformance with the Planning- Board's Rules.and R~gul~t~ons. They ~pplicant must reques.~ a wai~r~'f~6m~the Rutes and'Reggl~ti°ns~ '~ ~ : 'i '~. ~ · '~ Mr. Cyr said that,,o~ the access to the-state .property, a 20-foot easement is a minor problem. It wil'l be dry 9 to 10 months of the year. '~. '- ~ Mr~ T~tkl~said they can change the location of ~e easement, Member Nitzsche added that they are deceiving the Planning Board. He wants it on Lots 13 and tz[:'or 15 a%~d 16 with: no int~r'fe~en¢~ with electrical easements. Mr. C~r said he agrees with Mr. Turtle and there~:~ fleeeipt here. This is a unique situation where necessary. ~I~.. _~i ~t~ ~ '~ q Mr. Heds(rom ~ssed the ~ ~:~r.S~t~anfl:~'~ the followin~ motion. MOTION: ~y Mr. Hedstrom to sign t~e~lan s~bj~t~to ~e~ating the access easement to the Co~onwealth of Mass. land and subject to receipt of acceptable rounding easements for access to Summer Street and impose a completion date of 9/30/86. SECOND: by Mr. Nitzshce Member Nitzsche asked what proof they have that the applicant can deed the rounding easements. -' Mr. Tuttle said it is on record and it VO~E~:.~ Uh,~n~mo~a~(moti~'on Ca.~ries~' ~airm~ Hedstrom will review the documents. - ~ ' .... Mr~a6Sg~~' :M~q'Bra~' R3i~ha:rd~,: ~' M~i~ ~fc~ G~Ot,~'~c~e~&r present. Mr. Gsottschneider made the following presentation: - They are pro,sing a rehabilitatin of Osgood Mill. It is contiguous to Davis Ahd F~ber. The potential owners are seeking to relocate Kenics, the present tenants. - The proposal is to use the building for residential purposes. - It is zoned Industrial-S (I-S) and they will apply for a PDD. - :~ Ther~tls'~spha31t'and'build~ngs.:'~Th~',ac~&ss,fs:nat~o~ b~'t there is potential for aCCess from th~ back; '~ - .They will try to blend the old with the new. - The storage tanks and some buildings will be removed. - It has the~~7)tentxat· - A jogging trail is being considered. The housing would be condominiums in the $70,000 to $140,000 range. Mr. Cyr, Highway Surveyor, stated that at Town Meeting, Mr. Spagat of Brickstone Properties, renovators of Davis and Furber, said there would be a 50 foot right-of-way given to the town. No follow through hat been done. ,He Will look int© it and r~P°rt back to the Planning Board. .-~ ~ ~ Mr. Charles Salisbury of the Board of Selectmen stated-that the agreement is still in place. He asked Mr. Osgood for the_.~9~$~ of the land which would be used for an access road ......... Mr. Osgood reported that it is owned by.~he en.t..i.ty, lwhich 9W-n~.s the property .a..nd he wou. l.d acquire it. ~ Mr. Salisbury added that they are trying-to put together a list of properties for the access road. There are six different parcels in six different ownerships. They have a financial committment from Brickstone Properties. Willows I~dustrial Park Extension~ Attorney John Britt was present and asked ~o,e~plai~what ~ ~ happened in the subdivision. There was a mistake made but it was an honest one. There was a delay in recording the order of conditions. There was a previous subdivision in 1979 prior to the approval of this one. What happened is that only one lot was conveyed (Lot W) prior to the recording of the documents. After that, two more lots (R and Q) were conveyed. Lots S and U remain. A Form A plan was submitted breaking them up. Lot K was conveyed in 1981 but is not part of the subdivision. He added that if you look at when Lot W w~s C~nV~y~ ~a~d'~en'~he covenants were~recorded, it is obvious ~b~t_~_%gng~m[s~9-~s made. People taking title to the lots knew of the covenants. Chairman Hedstrom suggested that the Planning Board ~contact Attorney Nicholas DeNitto and Mr. ~har~_Nigrelli to es~9~isn~a 3-way dialogde~ ........ ~ ...... ~ .......... ~-, ~ ......... ~- Great Pond Estates - Submittal of P[kn,~or signature Attorney Henry Hyder was present and submitted thei d~fin~qe plan. MOTION: by Mr. Roberts to acknowledge Yeceipt of the plans of Great Pond Estates and take them under advisement. SECOND: by Mr. Nitzsche VOTE : Unanimous - motion carries Village Woods - Request for extension of completion date Member Burke recommended that if the applicant can meet the new requirements from town Boards,, t ~he:~.Rl,anning ~oard.s~t ~a new completion date. Mr. James Rand reported that the water will be extended up Dale Street. Mr. Anthony Foresta, the applicant, added that he will grant an easement. They are going back to the Conservation Commission. Placed on.the.agenda for 3/4/85 for revised plans. DECISION Coventry - Preliminary Plan MOTION: by Mr. Nitzsche to disapprove the-preliminary pia~ en~ - ' titled "Coventry". ~ , SECOND: by ~_~Robe~ts Mr. Steve Stapinski, project engineer, reques'ted that the action be postponed and agreed to grant an extension. -~ ~ Motion and seco. nd withdrawn. MOTION: by Mr. Roberts to accept-a written extensionlto th~ second meeting in March to.re, nder a dgc~sion. SECOND: by Mr. Burke VOTE : Unanimous - motion carries S~T ~BLI¢ H~%~I~ DATES Angus Realty Trust; Town of North Andover, Equestrian Estate~ The Chairman instructed the secretary to set the public hearings dates iR April. ADJUDICATIN OF TOWN STREETS - Request fO~rec~-~-~t~-~{? ..... -- Placed on the agenda for 3/4/85. RE-OI~ANIZATION ~ Placed on the agenda for 3/18/85. The m~eting adjourned at 11:15 p.m. Paul A. Hedstrom, Chairman Jean E. White, Secretary