HomeMy WebLinkAbout1998-07-21 Planning Board Minutes Planning Board Meeting
DPW Conference Room
July 21, 1998
Members Present:
Alberto Angles, Associate Member was present. Richard Nardella arrived at 7:07 p.m. John Simons,
Clerk arrived at 7:25p.m. Alison Lescarbeau arrived at 7:30 p.m. Kathleen Bradley Colwell, Town
Planner was also present.
Minutes:
On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted unanimously to approve the
minutes for July 7, 1998.
Discussion:
Laurel Heights -preIiminary subdivision
Steve Stapinski and John Soucy of Merrimack Engineering were present to represent Laurel Heights.
Mr. Stapinski stated that they developed a finished grading plan to 40' scale. Mr. Stapinski went over
the plans with the Board. Mr. Stapinski stated that the houses are set at the roadway grade and then
they have walkout garages. The proposed homes that they drew on the plans are the same size as the
ones on Ridgeway. Mr. Stapinski stated that behind some of the homes there will be an intercepting
swale to pick any runoff. Mr. Stapinski stated that they could make a roadway off of Johnson Street
and an emergency vehicle could make it up the road. Mr. Stapinski stated that there is a 6-8% slope
then up to 18.9 % slope. Ms. Colwell stated that the soil there is silting and is hard to control the
drainage. Ms. Colwell stated that she and Jim Rand met with some abutters who have current
problems. Ms. Colwell stated that the emergency access might be O.K. now but, the road is not
maintained by the Town in the winter. Jim Rand of D.P.W stated that there are pro's and con's with
having a cul-de-sac and we need to tell the applicant which plan we want. John Chessia of Coler and
Colantonio went over what he would be looking for in a definitive submission. Mr. Nardella asked
how steep the backs of the homes are. Mr. Stapinski stated that they are about 15-18%. Mr.
Nardella asked if they would look like the homes on Rosemont Drive. Mr. Stapinski stated that they
would look like the homes on Skyview. Mr. Nardella asked that if there were 9% grades is there a
way to mitigate the drainage. Mr. Chessia stated that they could make a bucket at the bottom of the
hill. W. Stapinski stated that if we were to remove the emergency access we could tear up the gravel
and replace it with grass. Mr. Nardella asked what the cul-de-sac size was. Mr. Stapinski stated that
it was 120' in diameter. Ms. Lescarbeau asked what the roadway width was. Mr. Stapinski stated
that it was 26' wide. Mr. Nardella asked what sewerline this was tied into. Mr. Stapinski stated that
it is in the west side interceptor. Mr. Simons stated that the lots on the downhill side will not be able
to keep their vegetation. Mr. Simons stated that 80% of the lots on the uphill look like they will have
to be re-graded. Mr. Simon stated that he does not feel that they are showing them anything different
from the last meeting. Mr. Stapinski stated that if they eliminated a couple of lots it wouldn't change
because the disturbance would still be the same. Mr. Angles stated that it appears to be a difficult
site and would be willing to entertain street grading. Ms. Lescarbeau stated that she always likes to
see streets connect.
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Ken Golan of Johnson Street, asked if they could guarantee in writing that they will not have any
more problems so they know who to sue. Ms. Lescarbeau stated that the Town has an outside
consultant to look over all the drainage that is submitted.
Pat White of Johnson Street, asked where the retaining wall is and how high it will be. Mr. Stapinski
stated that it will be along Ridgeway.
John Cocoa, stated that he has a lot of runoff and would like some assurance.
Jennis Lamm, stated that her inground pool has been destroyed since the last development and does
not think that by putting a bobcat back there to put a 2' wide ditch will solve her problems. Mr.
Stapinski stated that the ditch will not pick up all the roadway but, 213 of the drainage will be picked
up by the detention area.
Stephanie Wassermann asked what the provisions are going to be during construction. Mr. Stapinski
stated that the Planning Board and Conservation Commission now require construction schedules that
outlines all the items of work that would have a negative impact.
On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to grant an
extension until August 30, 1998 for the Board to grant a decision.
Continued until August 18, 1998.
Lot F Intellisense —u date
Dr. Masseh was present to represent Lot F. Mr. Masseh stated that he is over-burdened with this site
and will loam and seed it until he can get a general contractor. Mr. Masseh stated that it is impossible
to get the deadline met. Mr. Masseh stated that they have hired Wildwood Nurseries to get the site
stabilized. Mr. Nardella asked what the fine was. Ms. Colwell stated that it was $300.00 per
violation. Ms. Colwell stated that in June we asked the applicant to have the site permanently
stabilized. Dr. Masseh stated that the site is stabilized, all they have to do is loam it and seed it. Mr.
Nardella stated that we have given you a lot of time, when do you think the contractor will start
work. Dr. Masseh stated next week but, he has no control over these contractors. Mr. Nardella
stated that he has lost his patients. Dr. Masseh stated that he believes that they can be finished by
August 18, 1998. Mr. Nardella stated that his recommendation would be that when we get a third
member we vote to make a deadline date. Dr. Masseh stated that he is in a non-negotiation situation
and he does not know what to do. Ms. Colwell stated that we have asked you to have a report to us
by tonight which you did but, work should have started. Ms. Colwell stated that we have August 18,
1998 as a final deadline. Mr. Angles stated that we should wait until August 18, 1998 and have the
site completed. Mr. Simons stated that our plan is that if the site isn't complete we fine. Dr. Masseh
stated that, that was acceptable to him. Mr. Nardella stated that the fine will be $3 00.00 per day if it
is not complete by August 18, 1998.
Endorsement of Plans:
Crossroads Medical Office Building - site plan review
u Ms. Colwell recommended that the Board endorse the plans. The Board endorsed the plans for the
Crossroads Medical Office Building.
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Bonds:
Foxwood — definitive subdivision
Ms, Colwell stated that there are some issues remaining for this site. Ms. Colwell stated that there
has been a lot of discussion with the D.P.W. and the applicant. Ms. Colwell stated that Jim Rand has
been working closely with them. Tom Hurley of Evergreen Management stated that there are several
procedures that we have overlooked and they are looking for waivers on a few things. Mr. Hurley
stated that they can't resolve the Open Space issues until their violation with ConCom is resolved,
Mr. Hurley had questions regarding the Open Space markers. Ms. Colwell stated that they need to
speak to Mr. Howard. Mr. Hurley went over the list of waivers they are looking for. Street Lighting
-Mr. Hurley stated that they got this subdivision 1/2 way through the project and they thought that the
lighting was submitted to the Board. Mr. Hurley stated that they would like them waived. Mr.
Nardella stated that we should move forward on this if we have to excavate the property and shame
on us for not finding this before. Pedestrian access to Open Space- Mr. Hurley stated that they have
to talk to Mike Howard for that. No cut line-Ms. Colwell stated that they highlighted the areas on
the plan that were cut down that were not supposed to be cut. Ms. Lescarbeau asked what we need
to do to resolve this. Mr. Hurley stated that we have proposed plantings in the Open Space. Mr.
Simon stated that he thinks they need to do some work and thinks they should ask the homeowners
what they want. Mr. Nardella asked if they can look at this and prioritize in terms of replanting. Mr.
Rand stated that the he does not think that the homeowners want them there. Ms. Colwell asked
where they wanted to replant the trees. Mr. Hurley stated that they will submit a landscape plan. Ms.
Colwell stated that he should work with Mike Howard and herself. Catch Basins -Mr. Hurley stated
that there are 3 catch basins in the driveways and they have informed D.P.W. and are waiting for
D.PW. to review them.
Sign at the entrance - Jim Rand stated that the sign is there and D.P.W. is not going to maintain it but,
if the homeowners want it they can maintain it. Ms. Colwell stated that if the sign is to come down
the walls can stay. Mr. Nardella stated that we should give the homeowners a chance to maintain it
and if they fail to maintain it we will tear it down. Abutter in Foxwood, stated that we will accept to
maintain it but, we don't want the liability. Ms. Lescarbeau asked why don't we tear down the side
of the wall that no one owns and leave the one that is on the homeowners property. Ms. Colwell
stated that she thinks the wall should stay. Mr. Rand stated that he thinks the wall should stay but, if
they need to get to the drain pipe behind it, it will come down. Mr. Nardella feels that the wall should
stay. Mr. Simons would like the wall to stay, Mr. Angles would like the wall to stay. Ms. Colwell
stated that before the road is accepted they have to form a homeowners association to have a
maintenance agreement written up for the wall. Abutter, would like to know why the homeowners
can't split the maintenance fee with the builder. Mr, Rand stated that they need to talk to the builder.
Ms. Colwell stated that none of these issues revolve around bond money, this meeting was just to
discuss about what issues had to be resolved.
Public Hearings (7:30 p.m.)
New:
350 WinthropAvenue Market Basket, — site plan review
John Soucy of Merrimack Engineering was present to represent 3 50 Winthrop Avenue. Ms.
Lescarbeau stated that they promised us that they were going to re-pave the parking lot and they did
talk about increasing the security. Mr. Soucy stated that the property abuts Rt.114 and Waverly
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Road. Mr. Soucy stated that this is the same permit they asked for a couple of years ago. Mr. Soucy
stated that they are looking to replace a 5,619 SF space for Market Basket. Mr. Soucy stated that
there will be zero impact and all work is on the opposite side of the homes. Mr. Soucy stated that the
applicant would like to re work the parking spaces but, can't say that they will repave. Ms. Colwell
stated that the Planning Board previously waived the parking. Mr. Nardella stated that since the
parking spaces have changed we might want to look at that. Mr. Soucy stated that they are going to
add spaces in the clearing and put in barriers. Ms. Colwell asked if there is going to be more lighting.
Mr. Soucy stated no. Ms. Colwell asked if they will maintain the 25' travel lane. W. Soucy stated
that they will. Mr. Angles asked if there are any more zoning regulations that we have changed since
1994. Ms. Colwell stated that she believes that it is only the parking spaces.
Lori Goodwin of Waverly Road, stated that she has concerns with the noise from the trucks and if
there will be an increase. Ms. Lescarbeau asked if there are restricted delivery times. Mr. Goodwin
stated that they have written several letters and have called the police several times because of the
noise from the delivery trucks and because of the times they are coming in.
Tony Cain of Waverly Road stated that his house is directly behind the loading dock at Bradlees and
he has cracks in his walls. Ms. Lescarbeau stated that they need to repave the whole site.
Ms. Lescarbeau stated that she would like to continue to check the hours of delivery ,what our rights
are for Market Basket vs. The Plaza and the parking spaces.
Tony Cain asked why they can't close the exit next to the Mobil Station and just widen the other exit.
Ms. Lescarbeau stated that they wanted that exit so that the trucks could access the highway easier
and not go down Waverly Road.
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Continued until August 18, 1998.
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200 Chickering Road ftnnies) - site plan review
Peter Shaheen, Mark Gross of MFW Design and Dermit Kelly of DJK Associates were present to
represent 200 Chickering Road. Mr. Shaheen stated that they reoriented the site due to Town
Meeting. Mr. Shaheen stated that the old plan was running perpendicular to Chickering Road and
now it is running parallel to Chickering Road. Mr. Gross stated that the rezoning line is 300' from
Chickering Road. Mr. Gross stated that the proposed building is going to be utilized with the same
footprint. Mr. Gross stated that the 13`floor of the building will be 16,500 SF of retail space and the
2nd floor will be 7,500 SF of office space and the parking spaces will be 9 x 18. Mr. Gross stated that
to enter the main entrance there is going to be stairs and an elevator. Mr. Gross stated that the storm
water plan is much more simplified. Mr. Gross stated that the dumpster is going to be set away from
the building with a fence around it. Mr. Gross stated that they are putting up a stockade fence along
Farrwood Drive with a gate for residents in the condo to access the stores easily. Mr. Gross stated
that the back parcel will be given to the Town or to the Trustees of Reservations. The driveway will
be 13' further away from Farrwood Drive. Mr. Gross stated that the display area will be used by
Rennies and there will be a 360 degree turn around the building. Mr. Gross stated that the site will be
serviced with town sewer. Mr. Gross showed the Board what type of lighting they are planning on
using. Mr. Nardella asked where the dumpster will be located. Mr. Gross stated that it will be
adjacent to the fence on Farrwood Drive. Ms, Lescarbeau asked where the lights are going to be
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placed. Mr. Gross showed the Board the location of the lights on the plan. Mr. Simons asked if there
was a loading dock. Mr. Gross stated that there is one in the rear for just box trucks. Mr. Nardella
asked what the original size of the other building. Mr. Gross stated that it was 16,900 SF of just
retail.
Mr. Reiner the Architect, stated that the highest point of the building is 33'. Mr. Reiner went over
the plans with the Board. Mr. Reiner stated that they are planning on putting rails on the roof to hide
the HVAC units. Mr. Reiner stated that the building will be made of clapboard siding with divided
windows and utility steel doors. There will be some brick at the entrance and with a asphalt roof.
Mr. Simons asked if there is anything they could do architecturally to the back of the building. Mr.
Reiner stated that they could do something in the back. Mr. Simon stated that this is the first time we
have ever mixed commercial with retail and he thinks it is a good thing. Mr. Nardella asked what are
they doing with regards to noise because of the HVAC units. Mr. Reiner stated that the railings are
walls that look like railings. Mr. Nardella asked if there is going to be a covenant so that the renters
signs are all the same. Mr. Shaheen stated that we will go by the sign bylaw. Mr. Nardella told the
applicants to think about delivery times.
Dermit Kelly ofDJK Associates, stated that the original study was based on 17,500 SF of retail and
the new one is 16,500 SF of retail and 7,500 SF of office. Mr. Kelly stated that the impact will be
the same. Ms. Colwell asked if they will have to go back to the state. Mr. Kelly stated they do. Mr.
Gross stated that they have to re-file with ConCom and will be doing that within the next week or so.
Mr. Gross stated that we are collecting runoff and are providing storm water treatment structure.
Mr. Chessia stated that the drainage was looked at extensively at the last submittal and he would
recommend a test pit be done.
Mr. Simons stated that he likes the plan and thinks they did a nice job. Mr. Simons asked if they
thought of moving the house instead of tearing it down. Mr. Simons also stated that he still has a
personal preference about moving the building up closer to the front and put the parking in the rear.
Paul Hajec ofHajec Associates stated that would suggest that they re-submit a curb cut to the state
but, they already did and the movement of the driveway was also better. Chris Rodstrom of the
Trustees of the Reservations asked if there was any assessment going to be done, Mr. Shaheen stated
no. Mr. Nardella asked if the condo association has seen this plan. Mr. Shaheen stated yes, and J
think they are pleased.
Continued until August 18, 1998.
115 S. Bradford Street - watershed special permit
Jim Carney was present to represent his property. Mr. Carney stated that he is looking to put on a
672 SF addition onto his ranch home. Mr. Carney stated that the proposed addition on the plan is
bigger than they will probably do. Mr. Carney stated that they are planning to install roof drains for
the runoff. Mr. Simons asked if they are hooked up to sewer. Mr. Carney stated that they were. Ms.
Colwell stated they are in the 325' non-discharge and it is a very small addition.
On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted unanimously to close the
Public Hearing.
315 Turnpike Street Merrimack College Cultural Arts Center - site lan review
Doug Hartnet& John Hollywood of Sasaki and David Breen of Merrimack College were present to
represent 315 Turnpike Street. Mr. Hartnet stated that this is for the Cultural Arts Center which will
contain 600 seats and is 28,000 SF. Mr. Hartnet stated that this site is to create an academic core.
Mr. Hartnet stated that all utilities will be connected to the utility corridor and they are looking to tie
into Andover's sewer. Mr. Simons had questions in regards to the parking. Ms, Lescarbeau asked
where people will park for this building. Mr. Hartnet stated that they will park in the upper Volpe lot.
Ms. Lescarbeau asked what the total number of parking spaces are. Mr. Hartnet stated that there are
1363 with some additional. Mr. Nardella questioned why they are hooking up to Andover's sewer
line. Mr. Breen explained why they are hooking up to Andover's sewer. Mr. Angles asked what they
are doing for lighting. Mr. Hartnet stated that there will be a canopy lighting and they also have a
lighting plan but, it is not completed yet. Ms. Lescarbeau asked if they had an elevation plan. Mr.
Hartnet showed the Board the elevation plans. Mr. Nardella asked if the college has a formal and
informal relationship with the Town. Mr. Breen stated that it is informal. Mr. Breen stated that we
have had the Town Meeting before. Mr. Simons asked what the top of the building is made of. Mr.
Breen stated that it was made of concrete.
On a motion by Ms. Lescarbeau, seconded by Mr. ,Simons, the Board voted unanimously to close the
Public Hearing and have staff draft a decision.
Continued:
Brook Farm -definitive subdivision
Tom Manetta of Atlantic Engineering was present to represent Brook Farm. Ms. Colwell stated that
she and Jim Rand went out to Ironwood Drive and measured the cul-de-sac. Ms. Colwell stated that
j they will flag off the tree cutting line and have her look at it and do a construction sequence. Mr.
j Rand stated that the cul-de-sac looked fine and it's measurement is 30-45-40. Ms. Colwell stated that
j she had just received the revised plans and has not had time to review them nor has John Chessia, so
she can't recommend the closing of the Public Hearing. Ms. Colwell would recommend continuing
until the August 4, 1998 meeting and the decision could be decided on that night. Attorney Terry
asked if the decision could be conditional per the results of the revised plans. Ms. Colwell stated that
she can recommend closure but, not until the August 4, 1998 meeting. Mr. Simons stated that the
drainage is one of the core things. Mr. Rand stated that D.P.W. is pretty much all set and are pleased
with what they have done.
Continued until August 4, 1998.
Count1y Club Estates - definitive subdivision & 465 Great Pond Estates -watershed sl2ecial ermit
Tom Neve of Neve Associates was present to represent Country Club Estates & 465 Great Pond
Estates. Ms. Colwell stated that the Board needs an extension to issue a decision. Mr. Neve stated
that he did not want to put any drainage on Great Pond Road. Mr. Chessia stated that he would like
them to do a test pit. Mr. Neve stated that they did do permeability tests and they are at the lab and
are waiting for results. Mr. Chessia stated that we don't want the water to stay there. Jim Rand of
D.P.W stated that the 22' pavement with an island will be a problem and D.P.W. would like all catch
basins within the pavement. Mr. Neve stated that they would like to have an island and will take any
comments from D.P.W. and Planning. Dermit Kelly of DJK Associates stated that the speed limit
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changes frequently through the area. Mr. Kelly went over the traffic study with the Board. Mr, Kelly
stated that they would like to place extra speed limit signs in the area. Mr, Neve stated that they need
to cut back some brush at the entrance of the road to see better. Ms. Lescarbeau asked if that is the
applicants property. Mr. Neve stated yes. Mr. Simons stated that it is in the right of way and that is
the Town's property. Paul Hajec ofHajec Associates stated that Dermit Kelly pretty much summed it
up but, in his opinion would tike to change the location of the entrance of the road. Mr. Neve stated
that we can't with respects to drainage. Mr. Simons asked where the closest impact on the watershed
is. Mr. Neve stated it is about 150', Mr, Neve stated that he would like to close the Public Hearing
and accept an extension until August 31, 1998.
On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to close the
Public Hearing and except an extension until August 31, 1998.
Calf Pasture- definitive subdivision
Ms. Colwell stated that Ralph Joyce submitted a letter to withdraw his application. Ms. Colwell
stated that Mr. Joyce is going to file with the Zoning Board of Appeals and then come back to the
Planning Board for a special permit.
On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted unanimously to allow the
applicant to withdraw his definitive subdivision plan known as Calf Pasture.
Decisions:
115 S. Bradford Street - watershed special permit
On a motion by Nardella, seconded by Angles, the Board voted unanimously to approve the
watershed special permit for 115 S. Bradford Street,
33 Johnson Street Youth Center -site-plan review
Continued until August 4, 1998,
350 WinthLoa Avenue (Market Basket - site plan review
Continued until August 18, 1998.
Brook Farm- definitive subdivision
Continued until August 4, 1998.
Adjournment:
On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to adjourn.
The meeting adjourned at 11:40 p.m.
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