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HomeMy WebLinkAbout1997-06-24 Planning Board Minutes Planning Board Meeting DPW Conference Room June 2411997 The Planning Board meeting for June 17, 1997 was continued until June 24 , 1997 due to not having a quorum.. x Members Present: Richard Rowen, Chairman arrived at 7 : 13 p.m. , Alison Lescarbeau, Vice Chairman arrived at 7 : 13 p.m. , John Simons, Clerk arrived at 7 : 25 p.m. , Richard Nardella arrived at 7 : 15 p.m. , Alberto Angles, Associate Member arrived at 7 : 05 p.m. and Joseph V. Mahoney. William Scott, Director of Community Development was present. The meeting was called to order at 7 : 15 p.m. Minutes : On a motion by Mr. Mahoney, seconded by Ms . Lescarbeau, the Board voted unanimously to approve the minutes as written for May 6, 1997 . On a motion by Mr. Mahoney, seconded by Ms . Lescarbeau, the Board voted unanimously to approve the minutes as written for May 20, 1997 . On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to approve the minutes as written for June 3, 1997 . Discussion: Forest. View Estates _ preliminary plan Tom Laudani was present to represent Forest View Estates . Mr. Laudani stated that Mark Gross of MHF Design has taken over the engineering. Mr. Laudani stated that they have incorporated offsite sewer and will be submitting it to DPW. Since Mr. Gross has taken over they have flown over the property and done a topography map. Mr. Rowen asked Mr . Scott if he requested the developer to do an impact study on sewer. Mr. Scott stated that they will have to do it when they file a definitive plan. Mr. Rowen stated that he would like it known that the Board would like the impact study of the sewer to be done . Mr. Laudani stated that Dermit Kelley of DJK Associates is going to be filing a MEPA Review. b� 1 Public Hearings (7 : 30 p.m. ) Barrington Estates - definitive pian & Lot 1 Dale Street - R watershed special permit Mr. Simons read the Legal notices to open the Public Hearings . Mr. Rowen asked Mr. Scott if the applicant had submitted all the information that is needed for the submittal . Mr. Scott stated that they did not submit the Environmental Impact study for the definitive plan. Mr. Scott referenced his letter dated Tune 27, 1997 of recommendations for the items that were not submitted for the watershed special permit which is on file in the Planning Office . Mr. Scott stated that they submitted a Storm Water Management which could of answered some issues but not all of them. Mr. Rowen stated that as we stand right now it was required to be submitted with the application. Elmer Pease, of PD Associates, stated that he was made aware of it today that the Environmental Impact Study should have been submitted. Mr. Pease stated that they have been working with Wetlands Preservation and are submitting the Environmental Impact to ConCom with an Notice of Intent and would like to have this Public Hearing continued until next month. Mr. Mahoney stated that at a recent Planning Board meeting he stated publicly that the Planning Board will not entertain any submissions that are not complete . Mr. Mahoney stated that we are simply not going forward. Mr. Rowen stated that we have by-laws that are written to specify what is needed to submit the application. Mr. Pease asked if they could withdraw without prejudice . i On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to close the Public Hearing for Barrington Estates . I On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted unanimously to close the Public Hearing for Lot 1 Dale Street . On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to accept the applicants request to withdraw without prejudice as long as the applicant sent a letter to the Planning Office by 2 : 00 p.m. Wednesday July 2, 1997 requesting the withdrawal for Barrington Estates . 2 V On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to accept the applicants request to withdraw without prejudice as long as the applicant sent a letter to the Planning Office by 2 ; 00 p.m. Wednesday July 2, 1997 requesting the withdrawal for Lot 1 Dale Street . As Mr. Rowen proceeded to make further comments Mr. Mcollister of 206 Dale, an abutter stated that the Public Hearing was closed. Mr. Mcollister asked if abutters would be re-informed. Mr. Rowen stated that they have re-file all over again. Endorse Plans : Orchard Hill Road - site plan review Mr. Hmurciak sent a letter to the Planning Department stating that all the drainage design is acceptable to DPW. Mr. Scott recommends the Board to sign the plans . The Planning Board signed the plans for Orchard Hill Road. Orchard Hill Commerce Park - definitive Mr. Scott recommends the Board to sign the plans . The Planning Board signed the plans for Orchard Hill Commerce Park. Tom Zahoruiko was present to address the Board. Mr. Zahoruiko stated that he is the first developer to go through the Phase Development By--law & the Growth Management By-law. Mr. Zahoruiko stated that he went to get permits and found out that both By- laws apply and they conflict each other. Mr. Zahoruiko stated that he is looking to just go through the Growth Management By- law. Mr. Rowen stated that under both By-laws you can build 6 houses this year and you can apply for the permits in the Fall and build in the Spring. Mr. Nardella stated that we did not want to hurt smaller contractors by changing the rules . Mr. Zahoruiko stated that we are the people who are getting hurt. Mr. Nardella stated that maybe we should change the wording in the By-laws so it would not be that confusing. 3 Steve Stapinski of Merrimack Engineering and Kurt Young of Wetlands Preservation were present to represent 386 Great Pond Road. The applicant is looking to put a 2 story addition onto their existing home. The house is located entirely within the non disturbance zone of Lake Cochichewick as defined in section 4 . 136 . Mr. Stapinski showed the Board the plans on the expanding of the driveway with a garage and with a room above the garage. The house is presently serviced with septic and the applicant is looking to tie into town sewer. Mr. Stapinski stated that they are proposing to infiltrate the roof drainage. Kurt Young stated that there is very good soil . Mr. Young stated that erosion control is not a primary issue. They will be also bringing gas onto our property. Mr. Mahoney asked if they have a number of the nutrients that are now going into the lake. Mr. Young stated that they did not . Mr. Ely, the applicant stated that they went before ConCom for the wetlands and are presently before the Zoning Board of Appeals . Mr. Rowen asked if they are decreasing or increasing the lawn. 3. Mr. Ely stated that they decreasing the lawn size because of the z' garage . Mr. Rowen suggested that they put curbing at the turn around and at the lower end of the property. Mr. Young said that he did not see the need. Mr. Stapinski went over comments that Mr. Chessia made in his letter. Albert Movse Sian of 369 Great Pond Road, stated that he is in favor of this and thinks it will be a great improvement to the town. Continued until July 15, 1997 . Lot 1 Saile Way - watershed special permit John Simons read the legal notice to open the Public Hearing. Don Bailey the applicant' s attorney was present and also Dennis Quintel was present to represent Lot 1 Saile Way. The applicant is looking to obtain approval for construction of a 4, 500 SF single family dwelling with grading and associated appurtenances on Lot 1 Saile Way. This lot is in the non--discharge zone of the North Andover Watershed District. Mr. Bailey spoke on the ` background of the subdivision. It is the same planas they 4 J� submitted in 1984 . Mr. Bailey stated that the road is almost complete . Mr. Bailey stated that this subdivision is under 1992 Zoning Bylaw. Mr. Rowen asked if Mike Howard had walked the wetlands yet . Mr. Bailey stated that yes, and they are planning to file a Notice of Intent . Mr. Simons asked when the wetlands were flagged. Mr. Bailey stated that it was a couple of years ago but they are still valid. Mr. Rowen asked if there was special conditions in the decision that regard this property. Mr. Scott stated that they were related to the road construction not on Lot 1 . Dennis Quintel of Civil Construction, spoke about the plan. He stated that they are planning to put a leach trench on the side of the driveway to pick up any runoff. They are planning to put stones down on the entrance temporarily, so when trucks are entering if they drop dirt it won' t affect anything. Mr. Rowen suggested that they take the letter from John Chessia and go over it and come back to the Board. Mr. Simons suggests that they have to follow the Rules & Regulations . Mr. Angles inquired as to what alternatives the applicant considered in order to avoid the need for a special permit . Mr. Bailey stated that the existing contours of the land made the current location of the driveway the best alternative . Mr. Nardella asked if they could give us an idea on when they will be building. Mr. Bailey stated that they don' t know yet . Mr. Scott stated that they will give us a construction schedule. Mr. Bailey stated that they are looking to get the permits so we can sell the lots with the permits . Continued until July 15, 1997 . Continued: Red Gate Pasture - definitive Ben Osgood Jr. was present to represent Red Gate Pasture . Mr. Osgood met with John Chessia the town' s outside consultant . Mr. Osgood stated that they have come to an agreement with issues 5 except on the site drainage. Mr. Osgood stated that they talked about the maintenance of the slope . Mr. Osgood stated that he would agree to a condition that the slope has to be in stable condition for 2 years before they release the bond money. Mr. Osgood stated that Mr. Chessia has concerns with drainage on Mr . Cyr' s property. Mr . Osgood stated that the crest of Mr. Cyr' s roadway is lower than Mr . Cyr' s house . Mr. Osgood stated that they want to run a pipe under Mr. Cyr' s driveway. Mr. Rowen stated that the more we help Mr. Cyr the worse it gets for the people across the street . Mr. Rowen asked if their current scheme is to put a berm in the meadow or not . Mr . Osgood stated that he is looking into it. Mr. Scott stated that the water table could be more of an issue . Mr.- Osgood stated that Mr . Chessia does not want to throw any more water onto Mr. Cyr' s property. Mr . Rowen asked if there is any_. other water entering into the drainage on Summer Street . Mr. Rowen asked what action they are taking with Coler & Colantonio . Mr. Osgood stated that they should get comments back to John Chessia by next week. Mr. Rowen asked if there was anything they could do to avoid a problem if one does arise . He asked Mr. Osgood to provide fleibility in his drainage scheme to allow the rate leaving the property to be adjusted if conditions warranted. Mr. Rowen asked Mr.-, Cyr if his property flooded more or .less than his neighbors . Mr. Cyr stated that he believed his property flooded more. 1 Mr. Scott stated that all offsite issues have been resolved. Mr. Scott suggested that they go out on the site with DPW to discuss the drainage . r Mr. Simons stated that he feels that it is an extremely steep site and would like to see the houses further down towards the road. Mr. Mahoney stated that he has been out there and it is not that steep. Mr. Osgood stated that it is to small to be a PRD. Mr. Rowen stated that if all else fails after the subdivision is in could there be a way at some time to put in a retention pond and drain it slowly. Mr. Mahoney stated, that is what we do not want to do . 6 � Mr. Cyr stated that the water does not have to rise above the road before it goes into his basement . Mr. Cyr stated that his not in favor of having a retention pond behind his house . Mr. Rowen asked if the town' s outside consultant has been out to the property or if he has just seen the plan. Mr. Scott stated that he has been out there once with Kathleen Colwell and Ben Osgood Jr. Mr. Rowen stated that we need a vote of confidence from Mr. Chessia stating that there will, be not be any problems . Mr. Scott stated that it is critical that they meet out there with DPW. Mr. Osgood submitted a letter requesting an extension for 30 days . On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to grant the extension 30 days from tonight . Endorse Plans : 1028 Salem Street - Form A Mr . Scott recommends the Board to sign the Form A plan. The Planning Board signed the Form A plan for 1028 Salem Street . Chestnut Street -- Form A The Board would like the applicant to have his engineer add some details on the mylar and then have Mr. Scott sign the plan once he looked it over. 165 Flagship Drive - site plan review Mr. Scott recommends the Board to sign the plan. The Planning Board signed the plan for 165 Flagship Drive, site plan review. Bonds/Lot Releases : Hitching Post Road - bond The Planning Board discussed the bond release and decided to continue until July 1, 1997 . Therefor the bond was not released. 7 97 Charles Street - bond The Board discussed the bond release and decided to have Mr. Scott check to make sure they have submitted all the information. Therefor the bond was not released. 47 Peters Street (First United Methodist Church) - bond Mr. Scott recommends the release of the bond. On a motion by Mr. Mahoney, seconded by Mr. Simons the Board voted unanimously to release the remaining balance of the bond. New Business : Lyons Way The Board referenced the letter from Bill Scott regarding Lyons Way dated June 23, 1997 . The Board agreed that they were not at fault for not signing the plans . The Planning Board no longer considers the plan of Lyons Way as a valid subdivision plan. The applicant has failed to meet the requirements of item 3 of the "Application for Approval of Definitive Plan "and such failure is not in any way due to actions or lack of action by the Planning Board. Due to the failure by the applicant to meet the requirements of the application the Planning Board hereby denies endorsement as the plan to be endorsed does not and cannot meet the requirements of the original application and is thereby no .longer valid. This denial shall render the decision null and void. On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to deny the signing of Lyons Way plans . Adjournment: On a motion by Mr. Mahoney seconded by Mr. Angles, the Board voted unanimously to adjourn. The meeting adjourned at 10 : 30 p.m.