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HomeMy WebLinkAbout1998-06-16 Planning Board Minutes Planning Board Meeting DPW Conference Room June 16, 1998 Members Present: Richard S. Rowen, Chairman , Alison Lescarbeau, Vice Chairman, Joseph V. Mahoney and Alberto Angles, Associate Member were present. Richard Nardella arrived at 7:10 p.m. and John Simons, Clerk arrived at 7:45 p.m. Kathleen Bradley Colwell, Town Planner was also present. Minutes: On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted unanimously to approve the minutes for June 2, 1998 as amended. Discussion: Lot F Intellisense - update Peter Shaheen was present to represent Lot F. Mr. Rowen stated that he visited the property this weekend and all the work that was asked to be done since September still has not been completed. Mr. Rowen stated that at the last meeting the Board requested that a contractor be hired permanently to continually work to stabilize the site and that revised drainage plans be submitted for review by the staff. He asked if a contractor had been hired. Mr. Shaheen stated that Jerry Diorio of Channel Building, sent a letter stating that he stabilize the site. Mr. Shaheen stated that the work on the building is expected to start in the first week of July. Mr, Rowen stated that it would take them longer than that to have the plans approved, as they have not been submitted yet. Ms. Colwell stated that the contract with Channel was to stabilize the site one time only and is not an ongoing contract as required by the Board. Mr. Rowen stated that the Board recommends that the Zoning Enforcement Officer start fining the applicant until the conditions voted on at the last meeting be met. Mr. Mahoney stated that he agrees with Mr. Rowen. Mr. Rowen stated that the next step would be to pull the bond and stabilize the site. Mike Seacamp, Seacamp Environmental, stated that the fines from ConCom have been put on hold due to the weather. Mr. Seacamp stated that they had the crew on the site Saturday and they expect the wetland work to be completed by June 25, 1998. Mr. Rowen stated that there are a couple of things that have to be completed on the plan. Ms. Colwell stated that they still have to get a drainage system approved by the Board and consultant, they need to replant and construct a stockade fence and plant evergreen trees. Mr. ,Seacamp stated that Ms. Colwell wrote a letter stating that the deadline for things to be completed is Friday June 19, 1998. Mr. Rowen stated that the Board would give them until Friday to meet the conditions as required at the last meeting prior to sending a letter to the Zoning Enforcement Officer. Endorsement of Plans: Rocky Brook 11 - definitive subdivision Ms. Colwell recommended that the Board endorse the plans. The Board endorsed the plans for the Rocky Brook II Subdivision, Bonds: 1211 Osgood Street McLays Florist) site plan review Ms. Colwell stated that she recommends a partial bond release of$15,000 for 1211 Osgood Street. Ms. Colwell stated that Mr. Terranova has asked that Ms. Colwell be authorized to release the remainder of the bond when the site is completed, Mr. Nardella stated that the Board has never done that before. Bill Scott, Director of Community Development stated that Mr. Terranova feels that the work will be completed before the next meeting. On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to release $15,000 for 1211 Osgood Street and authorize Ms. Colwell to release the remainder balance when the site has been completed and a set of as-built plans have been submitted. Public Hearings 1,7:30 p.m) New: 285 Holt Road - site plan review Dom Scalise was present to represent 285 Holt Road. Mr. Rowen stated the Planning Boards role is to ascertain whether or not this project meets with the Town's Zoning Bylaw. The Board is not reviewing the merits of the retrofit itself. Mr. Rowen stated that the Board has hired an air quality consultant at the applicant's expense to review the technology. All health concerns should be brought up at Board of Health meetings. The Board of Health will make a presentation to the Board on August 4, 1998. Attorney Marty Healy stated that they must meet the Clean Air Act or the site will be shut down. There is no change in the use, there is no increase in the design capacity and there is no work outside the developed area of the site. They are filing for site pian review because the new gross floor area is greater than 2,000 SF. They would like to start construction in November and start the engineering at the beginning of July. Dave Raymond stated that the structure would stay the same. Mr. Raymond stated that this project would have a significant positive impact. Mr. Raymond went over the process on the plans with the Board. The site consists of 14.6 acres. All proposed construction will be within the perimeter of the road. They have shown the wetland lines on the plan. Mr. Raymond stated that the lot coverage will go from 21% to 23% and the floor area ratio will go from 19% to 20%. Jim Connolly of Emcon, stated that they have 52 parking spaces and they presently have only 3 5 employees. Mr. Connolly stated that the Building Inspector asked if they could show future parking spaces if needed. A NOT is not required. They have included an attachment on the lighting with the application. Mr. Connolly stated that an ENF was submitted to NEPA and that they received a certificate. There will be no changes to the utilities and there is no increase in public service. Architectural consistency will be maintained. Mr. Connoly stated that they are in the I-2 zoning district and the use is allowed. The project is consistent with the Town's Master Plan and there is no loss of open space. A noise study was conducted and they will comply with the D.E.P. sound level criteria. Mr. Connolly stated that there are no visual impacts. Mr. Raymond showed the Board some pictures of what the site will look like from different sides of the property. Mr. Connolly stated that we believe that our application will conform with the zoning bylaw and that it is not detrimental on abutting properties and will have minimal impacts on traffic. Mr. Rowen asked how would the plant operate during construction. Mr. Connolly went over the plan for operation during construction. Ed Meaghger, People for the Environment, stated that there will be a meeting regarding this site at the North Parish Church on.July 9, 1998. Ms. Lescarbeau asked that if at the next meeting they were going to speak about on the noise. Mr. Connolly stated that they submitted a noise impact study with the application. The Planning Board will send the noise study out for review by a consultant. Mr. Nardella asked what variances were needed for the site. Ms. Colwell stated that they only need one for the height. The Board scheduled a site walk for 6;00 p.m. on June 24, 1998. Continued until July 7, 1998. The Sanctua - definitive subdivision Paul Hedstrom was present to represent he Sanctuary. Mr. Rowen asked Ms. Colwell if all the requirements for submission had been met. Ms Colwell stated that that have not. Mr. Rowen stated that this was an incomplete application and asked the applicant if they would like to withdraw their application. Mr. Hedstrom stated that he would much prefer that this public hearing stay open and would like to continue and he apologizes for the incompleteness. Mr. Hedstrom stated that they have submitted $8,000 worth of checks for the consultants and feels that they will loose critical time. Mr. Nardella asked if there is a compromise. Mr. Rowen stated that this is far from a straightforward project. DPW has issued a comment letter recommending against the list of waivers requested. The plan does not show a conforming roadway and would not be approved. Mr. Hedstrom stated that he would prefer that the Board take their time reviewing this and continue the hearing until staff and the Board has had time to review it. Mr. Rowen stated that the Board has had several incomplete applications over the year. Mr. Rowen stated that the Board members do not have time to waste reviewing incomplete applications. It is unfair to the abutters to hold open public hearings without complete ..3 plans. Mr. Rowen stated that he recommends that the applicant withdraw a re-submit a complete application. Mr. Hedstrom stated that in his opinion the Board has a complete package. Mr. Simons stated that some information was submitted and questioned if it is still an incomplete filing. Mr. Rowen stated that the Board requires the applicant to submit complete applications on time . Ms. Lescarbeau stated that the Board has now wasted 24 minutes of their time discussing an incomplete application and should move on, Mr. Mahoney stated that there has been plenty of time for the applicant to submit a complete application. He stated that he had met informally a few months ago with Ms. Colwell and Mr. Howard to review draft plans. At that time they informed him of the deficiencies in the plan and stressed that a complete application must be submitted. Mr, Mahoney stated that he relayed this information to Mr. Hedstrom. Mr. Hedstrom stated that legally this application is complete. Ms. Colwell stated that the bottom line is that the plans need work and suggests that they withdraw and work with the staff to create a conforming roadway. Mr. Hedstrom asked about the filing fees. Mr. Rowen stated that the Board would waive the filing fees for 6 months. Mr. Hedstrom stated that he apologizes for this and will withdraw his application and get a complete submittal. On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney the Board voted unanimously to allow the applicants to withdraw without prejudice and waive the filing fees for 6 months for the Sanctuary definitive subdivision. Calf Pasture - definitive subdivision Ralph Joyce and Phil Christiansen were present to represent Calf Pasture. Mr, Rowen asked Ms. Colwell if this was a complete submittal. Ms. Colwell stated that it was not. Ms. Colwell stated that there have been no septic tests done on the property. Ms. Colwell stated that this plan had been before the Board previously. The Board asked the applicant to withdraw and re-file with a subdivision roadway that met Town standards. Ms. Colwell stated that the road shown is not buildable to town standards as it requires a significant bridge. The applicant needs guidance from this Board, Mr. Nardella asked if there is any way to access the property other than what is proposed. Mr. Christiansen stated that no; there is no other frontage. Mr. Rowen asked if the road met the subdivision rules and regulations but required significant wetland filling could the applicant then go to ConCom to have them place restrictions on the size and location of the road. Ms. Colwell stated that the ConCom would not approve what was shown on the plan, as there would be extensive wetland filling and disturbance to the riverfront area. Mr. Nardella asked if there were one or two new homes proposed, Mr. Christiansen stated that it is one new home. Mr. Nardella stated that they need to create frontage. /6� Mr. Rand, DPW, stated that if he designed this to town standards it would fill in the brook and then ConCom would not allow that. Ms. Colwell stated that the biggest issue is with ConCom and D.P.W. because there is a major bridge proposed. 1 Mr. Rowen suggested a frontage exception lot with variances. Ms. Colwell stated that a frontage exception lot would require a lot of waivers and variances. Mr. Mahoney asked if the applicant could go before ZBA and obtain the appropriate variances. This lot meets the test for a variance due to lot shape. There are eight acres, which should allow for two homes in the R-2 zoning district. Mr. Joyce requested that the Board continue the public hearing until he can prepare a FORM A plan and create a list of the variances required. Joe Averka, an abutter stated that he does not know how Mr. Joyce has this lot. Mr. Averka stated that the lot does not have adequate width. Continued until July 21, 1998. 33 Johnson Street Youth Center - site plan review Steve Foster of Dutton& Garfield was present to represent 33 Johnson Street. Mr. Foster stated that they have received money and are in the process of fund raising. Mr. Foster stated that they have met with the Historical Society and compromised with them and scaled down. Mr. Foster stated that they had Mike Howard, Conservation Administrator, on the site and that they are on ConCom's agenda for approval. Mr. Foster stated that this is a dream come true for the kids, Joel Boardman, architect, showed the Board pictures of present buildings on the property. Mr. Boardman stated that this is all town property. Mr. Boardman went over the future plans with the Board, They are planning on a putting in a 6500 SF gym, a game room, weight room and there will be seating for 100 people in the gym. There are 61 parking spaces. Mr. Nardella had concerns with the parking and asked if there was any way to construct more. Mr. Boardman stated that they are going from 44 spaces to 61. Ms. Colwell asked if the access to the Masonic Temple would change. Mr. Boardman stated that it was going to stay the way it is right now. Mr. Nardella asked who owned the lot adjacent to the field. Mr. Foster stated the he believed it was the Avery's. Mr. Boardman stated that this is a modern building with an older look to it. 1W Simoms asked if the existing building would be torn down. Mr. Foster stated that it would be. Mr. Rowen asked what their time frame was for the drainage review. Mr. Foster stated that it would be taken care of by the next meeting. i 3 y Continued until July 7, 1998, Brook Farm -definitive subdivision Mr. Rowen stated that the subdivision was approved in the mid 80's but the applicants never started construction, The zoning since then has changed from one acre to two acre. o'. p: The applicants went to court with the Town and they agreed that the old zoning would continue to be a one acre site but under new Rules&Regulations. Alexander Sands and Marty Halloran were present to represent Brook Farm, Mr. Halloran stated that this is a 7-lot subdivision off Christian Way that consists of 9.6 acres, which is surrounded by Essex County Greenbelt on three sides. Mr. Halloran stated that this is an 11-year-old subdivision that was approved for 8 lots. They have done a preliminary plan and feel that they have addressed past comments. They are supplying the subdivision with town water and sprinkler systems. There will be private septic systems for each home, Mr. Halloran stated that the length of the road is 510' long and the width is 26. Mr. Halloran stated that they would be providing street trees and will be providing an access to Essex County Greenbelt, Mr. Mahoney asked where the access to the Essex County land would be. Mr. Halloran showed the Board the location of the access on the plan. Mr. Nardella asked what the access would be made of. Mr. Halloran stated that it is up to the Board. Mr. Nardella asked if they need any variances. Mr. Halloran stated that they didn't. Mr. Rowen asked if all these sites have been perked. Mr. Halloran stated that they have but they will need to do more tests. Ms. Colwell stated that more tests need to be completed however the Board received a letter from Sandra Starr, Health Administrator, stating that all lots are buildable with the possible exception of lot #7. Mr. Halloran stated that they have scheduled to do more tests out on the site. Mr. Nardella stated that he would like to see a construction on the road specifically addressing the removal of the cul-de-sac, Mr. Nardella asked when the applicant would start construction. Attn. Sands stated as soon as possible. Mr. Simons stated that he would like to see the location of the homes and the trees that they would be saving. Mr. Halloran showed the Board the area of land that they would be cutting down trees. Ms. Colwell stated that the Board did require a replanting plan for Walnut Ridge. Mr. Halloran stated that he shows grading for the worst scenario. Children from the neighborhood in the audience stated that they have forts in the property that they are cutting down and they don't want to loose their forts. W. Rowen stated that you might want to keep your forts but that is telling the people that they can't build on their property. Bruce Drawbridge, 57 Christian Way, stated that this is one of the nicest neighborhoods in Town and would like the Board to assure them that there is no impact and would like the Board to go out to the site to see it. Mr. Drawbridge also wanted to know when the last perk tests were done. Mr. Halloran stated that they were done in 1983, Mr. Drawbridge asked what happens if the tests don't come out all right. Mr. Halloran stated that they would have to re-design the system. W. Chessia went over some issues with Mr. Halloran. Mr. Halloran stated that they need to redo the calcs and eliminate roof top infiltration. Gary Hager, 116 Christian Way, stated that he has had to have someone come and pump out his driveway and has had drainage problems. Mr. Halloran stated that they are providing a swale to direct the drainage to the back of the property. Mr. Halloran went over the existing road conditions with the Board. Robert Kurk, of Christian Way, asked if there was going to be any blasting. Mr. Halloran stated that there might be for a foundation and they won't know until they dig it up but the road is going to need fill. Kristen Hollenbeck, had concerns as to how this development could not impact wetlands. Mr. Chessia stated that ConCom looks at the quality of storm water and Planning looks at the quantity of storm water. Mr. Halloran went over the regulations regarding the drainage. Ellen Parker of Christian Way, asked if these were the only options for the driveways for each home. Mr. Halloran stated no. Mr. Rowen stated that he thinks it is more important to look at the tree cutting and the drainage. Kevin Hanley stated that the property is flooded and they must have done the perks in the summer. Mr. Hanley also has great concern for the safety of his children during construction. Continued until July 7, 1998. Rose Meadow - definitive subdivision& Winter Street -watershed special permit The Board discussed these public hearings together because they are the same property. Joe Serwatka was present to represent Rose Meadow and Winter Street. Mr. Rand stated that they will be extending the water main and that the Fire Department finds the hammerhead turn acceptable. Mr.Rand also stated that the Fire Department has required them to put sprinkler systems in the house. W. Simons stated that there would be a future right of way easement. The Board went over the plans. Kristen Hollanbeck, an abutter stated that the property is very wooded and has concerns with cutting down all the trees when the Town puts in the sewer in. Mr. Rand stated that when they are out there they would go over it prior to cutting in front of her property. Ms. Hollanbeck asked how wide the road is. Mr. Rand stated that it is 22' wide. Mr. Nardella stated that maybe we could require the applicant to do some plantings. Ms. Colwell stated that there are no more major issues. On a motion by W. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing for Rose Meadow definitive plan and Winter Street watershed special permit. Continued: Walnut Ridge - definitive subdivision John Soucy of Merrimack.Engineering was present to represent Walnut Ridge. Mr. Rowen asked Mr. Rand what is the cost for the maintenance for the Vortech chambers. Mr. Rand stated that we have had some good feedback. Mr. Rand stated that we would require the applicant to submit copies of their monthly inspections to the DPW to see how they are maintained. W. Rand stated that he would have the applicants submit money for an escrow to pay for the maintenance until DPW maintains them. Mr. Rand stated that it a seems like we might have to utilize this system eventually and is strongly favored by the state. Mr. Rand stated that we had a meeting with the developer and the engineer and DPW finds this expectable. Mr. Rowen stated that he is glad they worked together with the developer to resolve any issues. John Chessia, Towns Outside Consultant, went over a few comments with Mr. Soucy. On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to close the public Hearing. Country Club Estates definitive subdivision The applicants requested a continuance until July 7, 1998. 465 Great Pond Estates -watershed special permit The applicants requested a continuance until July 7, 1998. Decisions: Walnut Ridge - definitive subdivision On a motion by Ms. Lescarbeau, seconded by Mr. Nardella, the Board voted 3-1 to approve the Walnut Ridge definitive subdivision. Mr. Mahoney voted against the project. Adjournment: On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to adjourn. The meeting adjourned at 11:00 p.m.