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HomeMy WebLinkAbout1998-01-06 Planning Board Minutes Planning Board Meeting DPW Conference Room January 6, 1998 Members Present: Richard S. Rowen, Chairman, Alberto Angles, Associate Member, Joseph V. Mahoney were present. Richard Nardella arrived at 7:15 p.m. John Simons, Clerk, arrived at 7:25 p.m. Kathleen Bradley Colwell, Town Planner was also present. Alison Lescarbeau, Vice Chairman was absent. The meeting was called to order at 7:OOp.m. Minutes: On a motion by Mr. Angles, seconded by Mr. Mahoney, the Board voted unanimously to approve the minutes as amended for December 16, 1997. Discussion: Old Cart Way....-..Form -A Paul Maus, Old Cart Way, was,-present to discuss the FORM A application. Mr. Maus went over the Form- A plan with the Board. Mr. Rowen asked where we stood as of now. Ms. Colwell stated according to MGL c. 41 sec 81 Q any easement in a turnaround shalt terminate: upon the approval and recording of a plan showing extension of said way, and the recording of a certificate by the Planning Board of the construction of such extension. The recorded subdivision plan for Wagon Wheel Estates shows the extension of the subdivision and it has been constructed Mr. Howard stated that he thought that the Town owned the parcel. Ms. Colwell stated that the Town did not own the land as the land was never deeded over to the Town.. George Lepke of Lot 3 Old Cart Way had some concerns with the drainage on his property. Bruce Patterson asked if the Town doesn't own the street, if a problem should occur who would fix it. Ms. Colwell stated that the Town has accepted the street therefore the Town has the responsibility to maintain it. The DPW is responsible. Mr. Rowen stated that he knows that the abutters have had some problems but, the Board is obligated to sign this Form -A plan. The Board authorized Ms. Colwell to sign the Form -A plan. 50 Fla shi Drive Lot F - sitelan review Atty. Peter Shaheen, Dr. Masseh and Laura Huber from Intellisense, were present to represent 50 Flagship Drive, Ms. Colwell stated that nothing has been done to get the site incompliance. Ms. Colwell stated that Mike Howard, Conservation Administrator, stated that a toad of stone was dropped off on the property today. 1 �`� Dr. Masseh updated the Board with their progress. He stated that he had signed a contract with the contractor on December 23, 1997. Because of the holidays they could not get the manpower. Dr. Masseh stated that the contractor has met with Ms. Colwell and Mr. Howard. The contractor attempted to start work today but the soil was too wet. They will have to wait for 4-5 days of dry weather to complete the work. The Board was not very sympathetic as this has been going on since September. Ms. Colwell went over the amount of work that has to be done so that the site is incompliance, The Board asked Ms. Colwell what their options are. Ms. Colwell stated that they can make a recommendation to the Building Inspector to fine them $300 per day, take there $20,000 bond or give them until the next meeting. Mr. Nardella asked if there will be a resolution by the next meeting. Mr. Shaheen stated that hopefully all of it will be completed. Dr. Masseh stated that they might make the problem worse if they try to get the machines through all of the mud. Mr. Mahoney recommended that the deadline for the work to be complete be extended to January 20, 1998. The work must be complete by this date or the Board will make a recommendation to the Building Inspector to start fining $300 per day. The Board agreed with this direction Continued until January 20, 1998. 1211 Osgood Street - site plan review Frank Terranova was present to discuss 1211 Osgood Street. Mr. Terranova stated that he is trying to get a temporary occupancy permit from the Building Inspector. Mr. Terranova stated that they have to be out of their present location by January 19, 1998. Ms. Colwell suggested that they put the fence in and the majority of the lights before they move in. Mr. Rowen stated that the lighting should be put in and the curb cut before they move in. Ms. Colwell stated that they will have to block off the entrance that they are not planning to use. The Board stated that the applicant should get everything done except the paving. If the electrician or fenceman cannot get the work completed have them write a letter to the Board why they can't have it completed. And the bond will be raised in the commensurate amount. 1430 Great Pond Road - remediation work in the watershed Curt Young of Wetland Preservations and Bill Simmons of Simmons Environmental were present to represent the homeowners at 1430 Great Pond Road. Mr. Simmons stated that two 275 gallon oil tanks have leaked and are trapped under the slab of the home. Mr. Simmons stated that the property is in the watershed. They have stopped the sump pump from discharging. Mr. Simmons stated that they have spoke to ConCom and Health and are trying to get this problem resolved as soon as possible. Ms. Colwell stated that they are planning to come up with an immediate plan and then they are going to file for a watershed special permit. On a motion by Mr. Nardella, seconded by Mr. Angles the Board voted unanimously to allow the applicant to perform emergency work at 1430 and 1420 Great Pond Road regarding the release of heating oil pending receipt and approval by the Planning Department of a written work plan. 2 Endorse Plans: Evergreen Estates -From A The Form -A application requests a revision of three lot lines and the creation of new lot. Ms. Colwell told the Board that this subdivision is grandfathered under the former ZBL and therefore is not subject to the current lot shape requirements. The Board felt that the this plan is a modification to a subdivision and not an ANR plan as the plan creates a new lot. The Board determined that the plan shows a subdivision and did not endorse the plan. Lot/Bond Releases: High Street (North Andover Mills Realty) - bond release Mr. Nardella stated that they have taken so long to come back for their bond because they did not perfect their imperfections. Mr. Nardella believes that the loading dock is in the right of way of the Sutton Pond Condominiums Complex next door. Ms. Colwell stated that the Board is holding the bond for the landscaping only. The Board would like Ms. Colwell to write a letter to Marty Spagat, Director of Operations for the North Andover Mills, for an update on the transfer of property and/or and easement to the Sutton Pond Condominium Complex. Lots 8 & 9 Sharpeners Pond Road - bond release Ms. Colwell went out to the site and all remaining work has been completed. Ms. Colwell recommends the Board release the remaining funds. On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to release all remaining funds plus interest. Town Meeting -Proposed Articles Proposed Rezoning : Rt. 114 Lenny Annaloro and Ken Hyde were present to speak about rezoning of his property on Willow Street, Mr. Rowen asked if the Master Plan Committee had any issues. Mr. Annaloro stated that he did not know of any however he would bring his request before the Matser Plan Committee for a recommendation. Ms. Colwell stated that if the property is rezoned from R-6 to I-1, they would need a variance for CBA. They could build a small office building fronting on Willow Street. If the property is zoned GB no variances will be required. Ken Hyde stated that they have an RDA from ConCom confirming the wetland line. Mr. Simons stated that he thinks Mr. Annaloro should prepare a plan demonstrating what he would like to do on the property. Mr. Simons stated that he would like to go through the GB list and strike out any uses that the Board would not want on the property. Mr. Annaloro stated that he would have no problem with that because he would like to put a small office building in anyway. Continued until February 3, 1998. r 3 � � Public Hearings (7:30 p.m.) New: Calf Pasture - definitive subdivision John Simons read the legal notice to open the Public Hearing. Curt Young, of Wetlands Preservation and Atty. Ralph Joyce were present to represent Calf Pasture. The proposed 2 lot subdivision is on Rea Street in the Residential -2 Zoning District. Mr. Joyce gave the Board an overview of how the plan as developed. The plan currently shows a 50' ROW outlined with plans for a driveway engineered within it. The Board stated that the roadway itself must be engineered to meet the subdivision rules and regulations then the Board would determine if those regulations could be waived. Mr. Joyce stated that he went before ConCom and received an Order of Conditions for the driveway. The Board looked over the plans with Mr. Joyce, Mr. Joyce explained several different ways he could do the subdivision and where he could place the road. Mr. Rowen suggested that Mr. Joyce withdraw and come back before the Board when he knows where he wants to put the road. Mr. Joyce stated that he will have Curt Young and Phil Christiensen look over the plans and then decide whether or not to withdraw. The Board wants to review a firm approvable plan. After determining viability the Board will consider waivers, Continued until February 17, 1998. continued: Red Gate Pasture - definitive subdivision Ben Osgood Jr. and Atty. Howard Speicher were present to represent Red Gate Pasture. Ms. Colwell stated that the Planning Department received the new drainage information on January 2, 1998 and the deadline was December 23, 1997. Mr. Speicher stated that they have a very good drainage system for a 4 lot subdivision and requests that the Board grant Mr. Osgood another extension until they receive Mr. Chessia's comments. Mr. Rowen stated that the Board does not want to stop the project if there is a good design. If Coler & Colantonio have the reports let Mr. Chessia review them and if it is deficient then, the Board will vote. The Board stated that Mr. Osgood has had all the chances he is going to get. The Board felt that if Mr. Chessia comes back and says that there are a few things that need to be changed but the neighbors are protected they will vote accordingly. Mr. Rowen stated to the abutters that the Board has looked at their concerns. On a motion by Mr. Simons, seconded by Mr, Nardella, the Board voted unanimously to grant Ben Osgood Jr. and extension until January 23, 1998 for the Board to render a decision. Adjournment: On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to adjourn. The meeting adjourned at 10;00 p.m. 4