HomeMy WebLinkAbout1998-09-01 Planning Board Minutes Planning Board Meeting
Senior Center
September 1, 1998
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Members Present:
Richard S. Rowen, Chairman, Joseph V. Mahoney were present. Richard Nardella arrived
at 7:05 p.m. John Simons arrived at 7:26 p.m. Kathleen Bradley Colwell, Town Planner
was also present.
Minutes:
On a motion by Mr. Mahoney, ,seconded by Mr. Nardella, the Board voted unanimously to
approve the minutes for August 18, 1998 as written.
Endorse Plans:
Bradford Street - ANR
Attorney Schiavoni was present to represent the Bradford Street Form -A. Mr. Schiavoni
stated that the locus plan has a small error. Mr. Schiavoni stated that were looking to
correct an existing problem. Mr. Schiavoni stated that he contacted the Planning
Department in March and Ms. Colwell told him that she needed to talk to Town Council.
Mr. Schiavoni stated that the pump station is the problem and when they do these lots
they will redo the pump station. Mr. Schiavoni stated that they filed the application with
the Planning Department on June 9, 1998 and no action has taken place. Mr. Schiavoni
stated that he has no problem with having a covenant stating that we don't want municipal
services. Mr. Rowen asked when they want to start construction. Mr. Schiavoni stated
that they would like to start in the Fall. Mr. Schiavoni showed the Board the plans. Mr.
Rowen stated that we can't sign a Farm-A plan if it doesn't meet the frontage
requirements. Mr. Schiavoni stated that the Board can sign the plan. Mr. Mahoney stated
that we should ask our Town Council. Tom Urbellis, Town Council stated that it wasn't
filed with the Town Clerk Mr. Rowen stated that we will sign the plans if you put on the
plans that the land in North Andover is not buildable. Mr. Rowen asked if they will have
to get a curb cut permit from the DPW to access these lots. Ms. Colwell stated that they
would. Mr. Nardella asked if this had to go to Land Court. Mr. Schiavoni stated no, it
has to go to the Registry of Deeds. W. Schiavoni stated that he would put on the plans
that there will be no municipal services allowed, there is no attending North Andover
schools allowed, there are no builadble lots in North Andover and they will have Haverhill
addresses.
The Board authorized Ms. Colwell to endorse the plans when she receives a revised copy
of the additions made to the plan.
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- Bonds:
Settler's Ridge- definitive subdivision
E Ms. Colwell stated that she received a letter from Tim Willett recommending a release of
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$22,700 and retain $23,700.
On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to
release $22,700 and retain$23,700.
Public Hearings (7:30 p.m.)
New:
Berrington Estates..- repetitive petition
The applicants requested a continuance until October 6, 1998.
Tom Urbellis, Town Council went over the status of Berrington Estates court case with
the Board. Mr. Urbellis stated that we filed a motion to dismiss and we're waiting for a
response. Bill Sullivan, Chairman of Zoning Board of Appeals stated that he needs to
know where they stand for with the applicants. Mr. Rowen stated that you should not
except it until such time after the plans are endorsed and a vote is taken on the repetitive
petition and then the ZBA can vote. Bill Sullivan asked how long they foresee this taking.
Mr. Rowen stated that after the court case is resolved the applicants will go on the next
meeting for the endorsement of plans and then we'll vote on the repetitive petition. Bill
Sullivan stated that they have been continuing on their Board since April. Mr. Simons
stated that they should withdraw their application. Bill Sullivan asked if they don't
withdraw what should they do. Mr. Simons stated that you would have to deny it. Tom
Urbellis stated that they should make it clear that the Planning Board has not made their
decision and the Zoning Board of Appeals can't make a decision until the Planning Board
does. Mr. Rowen stated that Mr. Sullivan could suggest to the applicants to speak to the
Town Planner. Mr. Mahoney stated that he believes that this is improperly before the
Zoning Board of Appeals. Walter Soule, Vice Chairman of the Zoning Board of Appeals
stated that he was the acting Chairman and he offered them every choice to withdraw and
then we denied it. Bill Sullivan stated that these people don't do what is suggested to
them. Bill Sullivan asked if he could tell the applicants that they are improperly before the
Zoning Board of Appeals. Mr. Rowen stated yes.
Continued:
200 Chickering Road Rennes) site plan.review
Mark Gross of MHF Design was present to represent Scott Construction. Mr. Gross
stated that he received a letter from John Chessia of Coler& Colantonio and he had a
discussion with Ms. Colwell and she stated that they were all set. Ms. Colwell stated that
the ponds will not contain no more than 9" of water. Ms. Colwell stated that another test
pit should be done by the leaching area. Mr. Gross went over the parking space issue.
Mr. Rowen stated that he would like to come up with language that is used by the building
inspector for the number of parking spaces. Mr. Gross went over his theory on the
number if parking spaces. Mr. Nardella stated that the zoning bylaw states that for
- residential area the parking spaces required are greater than retail area. Mr. Gross stated
that all these tenants need to submit building plans to the building inspector so he will be
able to enforce if they try to put in tables or booths. Mr. Nardella stated that he wants to
see this succeed. The Board went over the number of parking spaces for residential and
for retail. Mr. Rowen stated that right now they are set up for retail. Mr. Mahoney stated
that we have a building inspector to enforce this. Mr. Nardella stated that 701 Salem
Street has a table in there and they're not supposed to. Mr. Gross stated that this is an
enforcement and not part of the approval. Mr. Gross stated that if there is a tenant that
would be brought in they would have to go to the building inspector anyway. Mr.
Nardella stated that they don't have enough parking to get a restaurant. Dave Rennie
asked if they have enough parking for any seating. Mr. Rowen stated that they don't have
enough parking. Mr. Gross stated that they are not going to build the building with out
tenants sot hey will have to come back before the Board if they need more parking spaces.
Mrs. Rennie asked if this is affected with a coffee shop. Mr. Nardella stated that no, as
long as there are no seats. Bill Sullivan, Chairman of Zoning Board of Appeals stated that
if there are counters that customers can serve themselves that is considered a'seat. Mr.
Rowen stated that we just want to make sure that your eyes are open. Ms. Colwell went
over her wording for the parking spaces.
On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to
close the Public Hearing.
Decisions:
350 WinthropAvenuearket Basket - site plan review
The Board went over the decision.
On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to
approve the site plan review decision for 350 Winthrop Avenue (Market Basket) as
amended.
200 Chickering Road Rennes site plan review
On motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to
approve site plan review decision for 200 Chickering Road as amended.
Abbott Village - common drivewa
Ms. Colwell stated that the Planning Board denied and they went to court. The judge
didn't buy our decision because it wasn't written in our zoning bylaw. Ms. Colwell stated
that judge approved the common driveway.
On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to
approve the common drive as amended.
Executive Session:
Heritage Estates
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On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board agreed to convene
into Executive Session for the purpose of discussing Heritage Estates subdivision. The
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vote took place at 8:25 p.m.
Roll call vote:
Mr. Nardella yes
Mr. Mahoney yes
Mr. Rowen yes
Mr. Simons yes
On a motion by Mahoney, seconded by Mr. Nardella, the Board agreed to come out of
executive Session and reconvene in open session. The vote took place at 9:15 p.m..
Roll call vote:
Mr. Mahoney yes
Mr. Nardella yes
Mr. Rowen yes
Mr. Simons yes
Mr. Mahoney stated that he would like to have Mr. Rowen write a letter to Mrs. Kulash
to be published in the local press, correcting her own published misstatements of fact and
her so-called public apology for the Board's action with respect to the hearing and
discussion of MRI site plan review, and our dismay that in her excess of zeal as an activist
she urged the Planning Board to disregard the statute, zoning bylaws and the Board's own
rules and regulations.
Adjournment:
On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to
adjourn. The meeting adjourned at 9:15 p.m.