HomeMy WebLinkAbout1997-04-15 Planning Board Minutes Planning Board Meeting
Senior Center
April 15, 1997
Members Present:
Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto
Angles, Associate Member, were present. Richard Nardella arrived
at 7 : 16 p .m. John Simons arrived at 7 : 20 p.m. Kathleen Bradley
Colwell, Town Planner was also present.
Minutes :
Continued until. May 20, 1997
Discussion:
Master Plan Committee - update
Ms . Colwell stated that the Master Plan Committee met last
Thursday. A member of the committee will be attending the
meeting of May 6th to present data collected to date.
Warrant Articles :
CIP
Bill Hmurciak, Assistant Director of DPW, was present to explain
the DPW CIP requests for the next fiscal year.
Road Improvements: Mr. Hmurciak stated that they plan to
bring private roads up to town standards to be accepted.
On a motion by Mr. Rowen, seconded by Mr. Angles the Board
voted unanimously to recommend favorable action to continue
the road improvements program.
Sidewalk Construction: On a motion by Mr. Rowen, seconded
by Mr. Angles the Board voted unanimously to recommend
favorable action to continue sidewalk construction.
Water Main Rehabilitation: On a motion by Mr. Rowen,
seconded by Mr. Angles the Board voted unanimously to
recommend favorable action for the water main
rehabilitation.
Sewer System Ext. - So. Side of Lake: Mr. Hmurciak stated
that the selectmen recommend no money be allotted because
the phase 3B sewer is not done.
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On a motion by Mr. Rowen, seconded by Mr. Angles the Board
voted unanimously to recommend favorable action to continue
of the sewer extension program.
Sewer System Improvements I/I : On a motion by Mr. Rowen,
seconded by Mr. Angles the Board voted unanimously to
recommend favorable action to continue sewer system
improvements .
Chapter 90 Highway Funds
Bill Hmurciak, Assistant Director of DPW, was present to discuss
the CTP requests .
On a motion by Mr. Rowen, seconded by Mr. Angles the Board voted
unanimously to recommend favorable action to spend Chapter 90
Highway funds .
Home Rule Petition -- special industrial assessment district
Continued until May 6, 1997
Street Acceptances :
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Old Cart Way- Ms . Colwell received a letter from Tim
Willett, DPW' s Staff Engineer, recommending that the Board
not take favorable action on acceptance of Old Cart Way for
the following reasons : The hydrant at 157 Old Cart Way
leaks, a complete as-built drawing on mylar has not been
submitted and sufficient growth in the shoulder areas has
not been established.
The Board postponed their recommendation until May 6 .
Nadine Lane- Ms . Colwell received a letter from Tim
Willett, DPW' s Staff Engineer, stating that all aspects
relating to construction and engineering have met the
requirements . Mr. Willett recommends acceptance of Nadine
Lane .
On a motion by Mr. Rowen, seconded by Mr. Angles the Board
voted to recommend favorable action to accept Nadine Lane .
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White Birch Lane- Ms . Colwell received a letter from Tim
Willett, DPW' s Staff Engineer, stating that there division
does not recommend the acceptance of White Birch Lane for
the following reason: A complete as-built drawing on mylar
has not been submitted. There are also outstanding drainage
issues that must be resolved The subdivision sign must be
removed.
The Board postponed their recommendation until May 6.
Cherise Circle- Ms . Colwell received a letter from Tim
Willett, DPW' s Staff Engineer, stating that there division
does not recommend acceptance of Cherise Circle for the
following reasons : The cul-de-sac island has not been
constructed, a complete as-built drawing on mylar has not
been submitted and trees have not been planted on the east
side. slope. The donation to the sidewalk fund must also be
made.
On a motion by Mr. Rowen, seconded by Mr. Nardella the Board
voted to recommend unfavorable action to accept Cherise
Circle .
Hickory Hill Road- Ms . Colwell received a letter from Tim
Willett, DPW' s Staff Engineer, stating that all aspects
relating to construction and engineering have met the
requirements of there division , there Mr. Willett
recommends the acceptance of Hickory Hill Road. Ms . Colwell
stated that a sign must be posted at the entrance to the
trail leading to Mazurenko Farm.
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The Board postponed their recommendation until May 6 .
Public Hearings (7 :30 p.m. )
New:
Orchard Hill Commerce Park - definitive plan
Tom Zahoruiko was present representing Orchard Hill . Mr.
Zahoruiko stated that he already went through the preliminary
part of the application. Mr . Zahoruiko stated that there were no
issues brought up at the TRC meeting. The road will end at the
end of the property line .
Ms . Colwell stated that the drainage must be reviewed. As the
drainage information was submitted after the application, the
Town' s engineering consultant did not have time to review the
drainage . Mr. Zahoruiko stated that in 1992 they received a
permit to tie into the highway drainage .
Orchard Hill Road - site plan review
Tom Zahoruiko was present representing Orchard Hill . Mr.
Zahoruiko stated that they are planning to build a 9, 800 SF
gymnastics studio/school in the I-1 zoning district . The
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finished occupiable space is located on one floor of the proposed
70' x 140' building. The structure is a steel frame and exterior
sheath similar to the Town Printing building on Flagship Drive.
Parking for 26 cars will be provided.
Mr. Nardella asked if there was an opportunity to increase the
size of the building in the furutre . Mr . Zahoruiko stated that
the lot is large enough to handle a larger building however this
building will be constructed to be converted to office use in the
future . Mr. Nardella stated that his only concern is that if they
were to expand what would you do different with the drainage. If
there were an expansion the drainage would have to be reviewed at
that time.
Mr. Mahoney asked what they would be using for the lighting. Mr.
Zahoruiko stated that he is planning to use the same lighting
fixtures that are at Town Printing on Flagship Drive - downcast
box lighting.
Mr. Rowen stated that he would like to see the catch basins off
ofthe of the driveway.
Ms . Colwell confirmed that all drainage is mitigated on site.
Mr. Simons asked what they plan on doing for landscaping. Mr.
Zahoruiko stated that they will have tress that are 12' - 18'
tall (no species yet) and 4' -- 6' arbavities .
Mr . Simons asked what the building was made out of. Mr.
Zahoruiko stated that it is made out of steel .
Mr. Nardella asked what they are planning for a sign. Mr.
Zahoruiko stated that it would be 4' x 8' and made out of wood
and metal .
Ben Osgood Jr. of 164 Johnson Street, stated that his daughter is
involved with gymnastics and thinks it' s a great idea and is a
win, win situation for the Town. The Board should promote Town
owned businesses .
Mr. Zahoruiko stated that the owner of the gymnastics studio is
Kathy Needham.
Ms . Colwell stated that she will draft a decision for the May 20,
1997 meeting if all of the drainage issues have been resolved.
Mr. Simons asked if the utilities would be underground. Mr.
Zahoruiko stated that they would be.
Continued until May 20, 1997 .
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'I 1028 Salem Street - repetitive petition
Atty. Scott Masse was present to represent the applicants for
1028 Salem Street . Mr. Masse sent a letter to the Board
outlining the issues . The ZBA is in favor of the repetitive
petition.
Ms . Colwell explained that Section 10 . 8 of the Zoning Bylaw
states that when the ZBA denies a petition for a variance no
application for the same matter may be heard and acted upon for
two years. unless :
Four or five members of the ZBA find that there are specific
and material changes in the conditions, and
Only after a public hearing held by the Planning Board at
which consent to allow the petitioner to re-petition the ZBA
will be considered.
The ZBA met and determined that there are specific and material
changes .
Mr. Masse explained that in 1996 the ZBA denied a variance
request for relief from the lot dimension requirements in order
to create Sone acre lots . The lots are located on the corner of
Salem Street and Foster Street in the R-1 (2 acre) zone. The
applicant sought to create 3 one acre lots .
The current plan shows 1 one acre lot, one 19, 000 SF 50' strip to
create access to a back parcel of land, and a 1 . 7 acre lot .
Therefore this plan is different from the original plan.
Mr. Simons stated that he does not like this plan. The zoning
in this area requires 2 acre lots, one acre lots should not be
allowed.
Mr. Mahoney stated that the applicant has the right to request a
variance from ZBA, that is not the issue before the Planning
Board.
Mr. Nardella stated that some members have concerns and would
like Ms . Colwell to write a letter to the ZBA. Mr. Mahoney does
not share those concerns .
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Al Manzi Jr. stated that at the ZBA meeting all abutters were in
favor of the petition.
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The Board agreed to uphold the ZBA' s determination that the new
plan has specific and material changes .
On a motion by Mr. Nardella seconded by Mr. Rowen the board voted
to close the public hearing.
Continued:
200 Chickering Road (Rennies) - site plan review
MHF Design requested a continuance until May 20, 1997 in order to
complete the required soil tests as required by Coler &
Colantonio in their last correspondence .
Continued until May 20, 1997
757 Turnpike Street (Stop & Shop) - site plan. review
Tom Laudani was present representing Stop & Shop. Ms . Colwell
passed out a .list of the remaining issues . 1 . ) utility
easement 2 . ) stormwater drainage 3 . ) location of the wetlands
4 . ) the sign is non--conforming with bylaw.
Atty. Robert Levy stated that on the northerly boundary line
there is a utility easement that runs through the length of the
property. They have a right to put parking over the easement .
Bob Webster owns the easement . The storm water drainage is being
worked out with John Chessia, the outside consultant, and the
applicant.
Mr. Laudani stated that they waited to file with ConCom until
they met with Mass Highway. Curt Young, of Wetlands Preservation
has flagged the property and Merrimack Engineering will be
locating the flags and will be filing with ConCom on April 25,
1997 .
Mr. Laudani stated that the original sign was not in conformance
with the bylaw. Mr. Landry, architect, showed the board a "halo"
effect sign that is used on other Stop & Shop buildings . He
stated that the letters are solid aluminum lit from the back.
Mr . Simons stated that every sign we make the applicant put in is
wooden and that' s been normal . Mr. Simons would like them to put
in a wooden sign like Star Market.
Ms . Colwell asked about the sign at the entrance . Mr. Landry
stated that it is the same as the one at the North Reading store
and will have flood lights that shine on it .
Mr. Nardella asked if dormers could be placed on the building
similar to those used at Osco and The Crossroads .
Mr. Laudani stated that they will submit plans with the dormers .
Mr. Simons stated that he would like to see them put something
along the side of the building.
Mr. Nardella suggested that they take a look at Osco Drug and
then bring something back to us .
Mr. Rowen stated that during the site walk Mr. Laudani stated
that they are planning to put a chain link fence on the side of
the building not on the front. Mr. Laudani stated they are no
longer going to do that .
Mr. Rowen suggested that the picket fence in the front of the
building be staggered along the property to break up the site
lane. Mr. Laudani stated that he will look into it .
Mr. Simons asked what the situation was with ZBA. Mr. Laudani
stated that they are going before ZBA on April 17, 1997 .
Ms . Colwell stated that she would like to close the public
hearing at the next meeting and will draft a decision.
Continued until May 20, 1997
Old Center Lane -- subdivision
Ben Osgood Jr. was present representing Old Center Lane .
Mr. Rowen asked if all the drainage issues were resolved before
the board close the public hearing.
Ms . Colwell recommends closing the public hearing.
On a motion by Mr . Nardella, seconded by Mr. Rowen the Board
voted unanimously to close the public hearing.
154/164 Johnson Street (Old Center Lane) - watershed special
permit
All drainage issues have been resolved. No work will take place
within 100' of the edge of the wetland resource area.
Ms . Colwell recommends closing the public hearing.
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On a motion by Mr. Rowen, seconded by Mr. Nardella the Board
voted unanimously to close the public hearing.
Rocky Brook II Estates - definitive subdivision
Ms . Colwell received a letter from John Morin of Neve Associates
stating that Rocky Brook II Estates would like to withdraw
without prejudice due to the fact that they have to resolve some
issues with the Conservation Commission. They intend to resubmit
within 60 days .
On a motion by Mr. Nardella, seconded by Mr. Rowen the Board
voted unanimously to accept the application for withdrawal
without prejudice . The Board agreed to waive the application fee
as long as the plans are submitted within six months .
Decisions :
Brookview Estates - subdivision/PRD
On a motion by Mr. Nardella, seconded by Mr. Angles the Board
voted 4-1 to accept the Special Permit decision as amended.
Mr. Simons opposed.
Old Center Lane - subdivision
Ms . Colwell prepared a draft decision for the Boards review.
On a motion by Mr. Nardella, seconded by Mr. Rowen the Board
voted unanimously to move to accept Old Center Lane definitive
plan decision as amended.
154/164 Johnson Street (Old Center Lane) - watershed special
permit
Ms . Colwell prepared a draft decision for the Boards review.
On a motion by Mr. Rowen, seconded by Mr . Angles the Board voted
to approve the draft decision for the 154/164 Johnson Street
watershed special permit .
1028 Salem Street - repetitive petition
Ms . Colwell prepared a draft decision for the Boards review.
On a motion by Mr. Nardella seconded by Mr. Rowen the board voted
4-1 that the Planning Board find the plan dated 2/13/97 is
materially different from the original plan and consented to
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X
allow the applicant to re-petition the ZBA. Mr. Simons was
opposed.
Endorse Plans:
Lot F Flagship Drive - site plan review
Ms . Colwell recommended that the Board endorse the plans .
The Board endorsed the plans .
Merrimack College - site plan review
Ms . Colwell recommended that the Board endorse the plans .
The Board endorsed the plans .
Adjournment:
On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board
voted unanimously to adjourn. The meeting adjourned at 10 . 00 p.m.
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