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HomeMy WebLinkAbout1998-02-03 Planning Board Minutes Planning Board Meeting DPW Conference Room February 3, 1998 Members Present: 1 Richard S. Rowen, Chairman, Alberto Angles, Associate Member, Joseph V. Mahoney were present. Richard Nardella arrived at 7:02 p.m., Alison Lescarbeau, Vice Chairman, arrived at 7:20 p.m. and John Simons, Clerk, arrived at 7:25 p.m. Kathleen Bradley Colwell, Town Planner was also present. The meeting was called to order at 7:OOp.m. Minutes: On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to approve the minutes and executive session minutes as amended for January 20, 1998. Discussion: Lot F (Intellisense) -update Ms. Colwell stated that Richelle Martin of the Conservation Department has gone out to monitor the site. The applicant is working to stabilize the site. Mike Seakamp of Seakamp Environmental Consulting, sent a letter to the Planning Department stating that they are taking all precautions to prevent any more erosion on the site. Ms. Colwell stated that the Morasco's of 70 Flagship Drive have not contacted the Planning Department so, she feels that the applicants are making progress to resolve the problems on their site. The applicant will continue to update the Board every two weeks. Proposed Warrant Articles: Rezone lot on Flagship Drive Annaloro Lenny Annaloro and Ken Hyde were present to discuss the rezoning of Willow Street. Ms. Colwell stated that Mr. Annaloro, Mr. Hyde and she met last week to go over the list of uses that they could agree to take out of the GB Zoning. They tried to make the uses resemble the I-1 Zoning District as much as possible. Ms. Colwell went over some uses that she did not feel were appropriate that they could discard out of GB Zoning District, Ms. Colwell stated that she had spoken to Joel Bard, Town Counsel, and requested assistance in drafting an appropriate agreement. Mr. Annaloro stated that he met with Bob Webster of Channel Building, and he stated that he is against anything zoned Residential and would like to see something zoned Industrial. Ken Hyde asked if the Board would be against something like a carpet showroom. Ms. Colwell stated that she needs some direction from the Board if they agree with these uses. Ms. Colwell stated that it would be contract zoning, Mr. Nardella stated that it would be something that would run with the land and be deeded. Mr: Rowen stated that the agreement would have to be recorded prior to the Town Meeting vote. The Board agreed with Ms. Colwell's recommendations for the uses in GB Zoning. Mr. Annaloro asked the Board if they would allow eating and drinking establishments to allow him to construct a restaurant for the people in the Willow Park. The Board agreed. �� 1 The list of uses that they have agreed to be eliminated from GB are: • Auto Service Station • Auto & Vehicle Repair Body Shop • Gas Garage • Car Wash • Funeral Parlor 0 Lumber, Fuel storage or contractors yard • New Car Sales • Taxi Depot • Warehousing &Wholesaling Continued until March 3, 1998. Ms, Colwell went over other proposed Warrant Articles for Town Meeting. Ms. Colwell stated that she is looking into adding a wireless communications section in the bylaw. Ms. Colwell gave information and other bylaws with wireless communication sections to Walter Soule, Vice Chairman of Zoning Board of Appeals, for his review. Ms. Colwell stated that Mr. Soule is going to speak to someone at Lucent Technologies to see they could help him. Ms. Colwell stated that the ZBA would like the Planning Board to make revisions to Section 6, Sub- section 6.6, paragraph D, item 2: the word"temporary" to be replaced with the word "permanent" should read "one(1) permanent ground sign of not more than twenty five (25) square feet etc." Ms. Colwell stated that the ZBA would like the Planning Board to make revisions to Section 10, Sub- section 10.4, first paragraph, first sentence, the word"slope" should be changed to "shape" to conform to the definition of variance in Chapter 40A, Section 10 of the Massachusetts General Laws. Ms. Colwell stated that the Board should revise the Phase Development Bylaw to have the same language as the Growth Management Bylaw. Mr. Rowen stated that he will revise the definition. Mr. Mahoney asked if there had been any input from the developers. Ms. Colwell stated that Settlers Ridge is the only subdivision subject to the Growth Management bylaw thus far and that subdivision received a variance. Ms. Colwell stated that the Board should change the language in Section 2.27 regarding CBA requirements. She suggested that the Board add in detention pond and utility easements to the list of items that are not included in CBA. This is to address the issue of developers proposing detention ponds in backyards. Ms. Colwell stated that the Board should change the language in Section 8.3 (5) (c) so that it restricts the height of mechanical equipment. Ms. Colwell stated that the McCarthy's who live on Rt. 125 adjacent to the Butcher Boy Plaza are looking to rezone their property from R-1 to B-2. Ms. Colwell stated that they need support from the adjacent neighbors. 2 Endorse Plans: Old Center Lane - covenant Ms. Colwell recommended that the Board sign the covenant. The Board signed the covenant for Old Center Lane. Lot/Bond Releases: Osco Drug - site 121an review Robert Stack of American Store Properties was present to represent Osco Drug. Mr. Stack stated that he had spoke to Brian Sheehy of Chestnut Green and they came to an agreement on the path. Mr. Stack stated that they would pay to construct and maintain insurance for their side of the path and Chestnut Green can pay for their side but the Trustees of Chestnut Green decided that they did not want the responsibilities. Ms. Colwell stated that the applicant is trying to resolve the problem and they can't seem to get any further. Mr. Rowen suggested that they build the pathway on the Osco side only. Mr. Stack stated that they had no problem with that. They will construct the path out of brick to the end of their property. Mr. Stack stated that he would keep Ms. Colwell updated with their progress. The Board will release the remaining bond when the pathway is completed. Continued: St. Michael's Parish& School - site plan review Angelo Petrozelli, Bill McLeod of Andover Consultants and Father Keyes were present to represent St. Michael's Parish& School. Mr. Petrozelli stated that they have spoken to the Fire Chief and they have come to an agreement to put up a traffic light for the crosswalk with a flashing the yellow light. Chief Dolan felt that in case of an emergency, it would be difficult for the fire trucks to slow down at a red light. s. Colwell stated that DPW had comments regarding the net increase of impervious surface. Mr. McLeod stated that they are planning to remove some pavement in the rear of the school so there will be no net increase of impervious surface. Mr. McLeod will get revised plans to DPW as soon as possible for final review. Mr. Rowen asked if the drainage went to the same location for both sites. Mr. McLeod stated that the schools drainage goes out to Main Street where they will be placing another catch basin and the church's drainage goes out to the rear of Water Street, Ms. Colwell asked what their plans were for the chain link gate. Mr. Petrozelli stated that they are not going to put one in but they are going to put up a sign prohibiting the entry of cars during certain hours. Ms. Colwell asked if they had a construction sequence. Mr. Petrozelli went over the construction sequence with the Board. Ms. Colwell stated that the Planning Department received a letter from Bob Nicetta, the Building Inspector, stating that there was a sufficient amount of parking. Ms. Colwell stated that the Board can't close the Public Hearing without DPW `s approval for the drainage. Ms. Colwell stated that she would draft a decision for the next meeting. Continued until February 17, 1998. 4 3 Rocky Brook Estates II - definitive plan John Morin of Neve Associates was present to represent Rocky Brook Estates II. Mr. Morin stated that DPW is looking for a 20' wide utility easement and the applicant is giving them a 46 +/- easement. The Board discussed the need for a 50' easement so that a roadway could be built in the future if Boxford should ever allow a connection. A 50' ROW would eliminate the lot. The easement must be placed so that if a road is ever constructed it will not interfere with the home. Mr. Rowen suggested that they have it documented that the person who buys the lot is aware of the easement. Mr. Morin went over the plans with the Board. Ms. Colwell asked what the applicant is planning on putting in for the easement. Mr. Morin stated that it would be grass with woodchips. Mr. Nardella suggested that Ms. Colwell try to contact the Town of Boxford one more time to see if they will let the Town of North Andover connect to Bennett Road. Continued until February 17, 1998. Walnut Ridge - definitive plan The applicant submitted a letter to the Planning Department requesting a continuance until February 17, 1998. Forest View Estates - definitive tan Mark Gross of MBF Designs, Bruce Taylor Land Planner, Tom Laudani of North Point Realty, Dick Pelletier and Ken Grandstaff of MPG Realty Corp. were present to represent Forest View Estates. Mr, Gross went over the changes he had made to the plan. Mr. Gross stated that they made a path between Amberville Lane and Palomino Drive. Mr. Gross stated that they have designs for the tot-lot and recreational area. They have designs for the cul-de-sac also, it will be 30' of pavement with a 10' grass strip and 24' landscaped circle. Mr. Gross stated that DPW liked this cul-de-sac plan. Mr. Rowen asked if the homeowners association will be responsible for maintaining the cul-de-sac. Ms. Colwell stated that DPW prefers that the homeowners maintain it. Mr. Gross stated that there are 6 open space parcels. Mr. Gross stated that 5 of the parcels will be the homeowners and the other one will go to the State and if they don't want it, it will go to the Town. Mr. Gross went over the locations of the open space parcels. Bruce Taylor a Land Planner that MPG Realty Corp. has hired to do the land planning for Forest View was present to go over the tot-lot, recreational area and the pump house. Tot-lot: Mr. Taylor showed the Board the plans for the tot-lot. They showed parallel parking in the front and have preserved trees in the rear, Mr. Nardella asked what was on the ground of the tot-lot. Mr. Taylor stated that it would be sand with a stone dust walkway. They plan to keep the edges natural and have cedar wood climbing toys. Recreational Area: Mr. Taylor showed the Board the plans for the recreational area. There will be a soccer field that is about 50' x 90' with a volley ball or badminton field along the other side. Mr. Simons asked how close is the end of the goal to Rt. 114. Mr. Taylor stated that it is about 150' away. Mr. Gross stated that they could extend the chainlink fence from the detention pond to bring it up to the playing field. W. Simons suggested that they put shrubs in front of the fence. Mr. Taylor stated that they could put forsythia around the fence. 4 �`�� Pump House: The pump station is going to be 12' x 20' with a green roof: There will be forsythia that will cover the front of the station. Mr. Nardella stated that we're creating a lot of maintenance issues in this development. Dick Pelletier of MPG Realty stated that they are planning to set up a non-profit corporation so that when homeowners purchase the house they will put down money to maintain the property. Mr. Angles asked if there would be emergency generators in the station. Mr. Gross stated that there would be. Mr. Taylor went over the lots for the house shapes and how they would be proportioned on the property. Mr. Taylor put in an American Border Garden at the walkway to connect both roadways, The garden would consist of perennials so they come back every year and are less maintenance. Mr. Rowen asked if there are going to be any benches in the garden area. Mr. Taylor stated that they could be provided. Mr. Simons stated that he thinks the walkway is a little small. Mr. Taylor stated that there are so many trails that lead to the forest that we did not feel that this had to be very large, Mr. Rowen stated that the applicant has done everything that the Board has asked them to and this walkway is fine, Mr. Taylor went over different landscape designs for upland lots and downland lots for different houses. Ms. Lescarbeau asked what the walkways were made of, Mr. Taylor stated that they were 5'-6' wide concrete walkways. Mr. Nardella stated that he would rahter see lamp posts on the house lots like at Foxwood than street lights. The Board went over the Growth Management Bylaw and the Phased Development Bylaw with the applicant and how many building permits they would get. Ms. Colwell stated that at this point both bylaws apply to this subdivision. Mr. Simons asked what kind of testing was done at the chemical plant that is currently on the property. Mr. Laudani stated that Simmons Environmental did a 21E 1 year ago and the site was completely clean. Mr. Laudani stated that they also did a soil and water evaluation, Mr. Nardella asked if the stormwater detention basin would be wet. Mr. Gross stated that it would be wet. Ms. Colwell stated that the plan has not received final approval from John Chessia, drainage consultant. Mr. Gross stated that he had spoke to Mr. Chessia and he said that the majority of Planning issues are resolved but, still have ConCom issues, Mr. Rowen stated that all onsite issues are resolved. Joe Walsh, 56 Glenwood Street, stated that he has owned his property for 30 years and over the 30 years the sewer problem has been getting worse. The sewer cover comes off and smells awful. Mr, Walsh stated that the raw sewerage is running directly into the Shawsheen River and nobody seems to be addressing the problem. Mr. Walsh submitted pictures to the Board showing the sewerage coming up out of the manholes into the street. Mr. Walsh stated that the sewer blew up into Mr, Ciampa's cellar and it is not healthy, Ms. Colwell stated that the Conservation Department and the Health Department were not aware of this until recently. Ms. Colwell stated that this problem would not be ignored anymore. Mr. Walsh also stated that he met with the Town Manager 6 months ago and �O 5 showed him these pictures. 1W. Rowen stated that this subdivision would not be approved until there are plans for this problem to be resolved. Continued until February 17, 1998. Adjournment: On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted unanimously to adjourn. The meeting adjourned at 10:00 p.m. 6 p7