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HomeMy WebLinkAbout1998-10-06 Planning Board Minutes Planning Board Meeting Senior Center October 6, 1998 Members Present: Richard S. Rowen, Chairman, Joseph V. Mahoney and Alberto Angles, Associate Member were present. John Simons arrived at 7:25 p.m. Kathleen Bradley Colwell, Town Planner was also present. Minutes: On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to approve the minutes for September 1, 1998 and the Executive Session minutes for September 1, 1998 as amended. Discussion: Lot F- final update Ms. Colwell stated that the site is stable, the grass is growing and there are no further issues, Ms. Colwell stated that she has not received new plans for the site or a time frame on when they will be starting any work. Ms. Colwell stated that the plans run out in January. Mr. Rowen asked if they are aware of the consequences. Ms. Colwell stated that they were. Shirley Griffin of Seecamp Environmental, submitted pictures to the Board showing the site. Mr. Rowen asked Ms. Griffin if she could recommend to the Board things that they should look out for on the site. Ms. Griffin stated that it would take a disaster to cause a problem on the site. Mr. Rowen asked Ms. Colwell to tell the developer what we are looking for when he starts construction, Settler's Ridge- roadway acceptance recommendation Ms. Colwell stated that Tom Zahoruiko is working hard to get his punch list done for D.P.W. Ms. Colwell stated that she would like to wait until the night of Town Meeting to make a recommendation. Ms. Colwell stated that Tom has done everything related to the Planning Board he is just completing D.P.W's punchlist. Mr. Zahoruiko stated that he is scheduling to have the work completed by the end of this week. Endorse Plans: Osgood Street-Form A Ms. Colwell stated that the Yameen's are looking to create two lots. Ms. Colwell stated that the Zoning Board of Appeals granted them variances on frontage, area, CBA as well as variances from the watershed. Ms. Colwell went over the plans with the Board, Ms. Colwell stated that the entire site is wet. Ms. Colwell stated that they are scheduled to be on the October 20, 1998 meeting for a common drive and special permits. Mr. Rowen stated that the Zoning Board of Appeals wiped out every bylaw in Town, Ms. Colwell stated that you name it they got a variance for it. Mr. Simons stated that he did not want to sign it. Mr. Mahoney asked when these variances were granted. Ms. Colwell stated that it was sometime in March. Mr. Mahoney stated that he would like to see the variances that were granted. Mr. Rowen stated that he would like to see all the variances and then see if they are conforming lots. Ms. Colwell stated that the only thing the Planning Board an look at is the frontage. Mr. Simons asked what the time frame on the Form-A. Ms. Colwell stated that they did not get the application time stamped they dropped it off in her office. Ms, Colwell stated that she will bring the list of variances that were granted to the October 20, 1998 meeting. Continued until October 20, 1998. 350 WinthropAvenue Market Basket addition - site plan review Ms. Colwell recommended that the Board endorse the plans for 350 Winthrop Avenue. The Board endorsed the plans for 350 Winthrop Avenue. Rosemeadow - definitive subdivision Ms. Colwell recommended that the Board endorse the plans for Rosemeadow. The Board endorsed the plans for Rosemeadow. Brook Farm- definitive subdivision Ms. Colwell recommended that the Board endorse the plans for Brook Farm. The Board endorsed the plans for Brook Farm. Bonds: Settler's Ridge - definitive subdivision Ms. Colwell stated that she received a letter from Tim Willett recommending a release of $10,100 and retain $13,600. On a motion by Mahoney, seconded by Mr. Angles, the Board voted unanimously to release $10,100 and retain $13,600 for Settler's Ridge. Old Center lane - lot release/set bond Ms. Colwell stated that D.P.W, recommended that the bond be set at $8,000 and donate$6,300 to the sidewalk fund for the release of the two lots for Old Center Lane. Mr. Rowen asked what they did for landscaping for the Roderiques. Ben Osgood Jr. stated that they planted dogwood trees, maple trees, crab apple trees, burning bush and fresythia. On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to set the bond at $8,000 and donate$6,300 to the sidewalk fund for the release of the two lots for Old Center Lane. Public Hearings (7:30 p.m.) New: Rezoning Rt. 114 and Berry Street - Peter Hingorani Ms. Colwell stated that this zoning article is not going on the Town Meeting warrant. Mr. Rowen stated to the Public that no vote will be taken on this article. Ms. Colwell stated that the Selectmen did not put it on the warrant because they want to allow the Master Plan Committee to figure out what they are planning to do with Rt. 114. Mr. Mahoney excused himself from this Public Hearing due to potential conflict. Mr. Simons stated that assuming this is put on the spring Town Meeting, would there have to be another Public Hearing. Ms. Colwell stated that there would be. Patrick Garner was present to represent Rt. 114 and Berry Street, Mr. Garner stated that they were here 6 months ago and the general conceptions of the Board was to hold off until fall and that didn't work. The section on Rt. 114 is zoned VR. To the Eats of the property is three office buildings and to the West is homes and the equestrian shop. Mr. Garner stated that they are proposing to rezone to (1-1) Industrial -Ito allow office space use. Mr. Garner stated that they have talked to the other industrial building owners and they are in support of this. Mr. Garner stated that they have spoken to Mr. Heggarty the property owner adjacent to the property and he is in favor also, Mr. Garner stated that they are proposing a 50,000 SF office building and the parking already meets the requirements. Mr. Garner state that they were planning on making a parking lot on the property on Berry Street but, the Conservation Commission stated that they would have to cross a wetland. Mr. Garner stated that they will do three hones on Berry Street instead. Mr. Garner stated that they submitted an NOI with Conservation for the three homes. Mr. Garner stated that he does not feel that this is spot zoning and would like the Boards support. Mr. Simons questioned the rezoning property shown on the plan. Mr. Rowen asked if they were still going forward with the Form-A plan for Berry Street. Mr. Garner stated that they are they just have a few things to fix on the plan but, they have filed with Conservation for them. Ms. Colwell stated that currently there are seven approved lots there. Mr. Simons asked what the lots sizes are. Mr. garner stated that they are I acre and 1 acre (+). Mr. Rowen asked why they are including Mr. Heggarty's property. Mr. Garner stated that he can't tell you their personal reasons for it. Mr. Simons questioned why they are rezoning Mr. Heggarty's property when it is non- conforming. Mr. Rowen asked Ms. Colwell since she has been involved with the master Plan Committee if she had any input. Ms. Colwell stated that they are meeting for the first time Thursday night since their Chairman passed away. Mr. Simons stated that we need to ensure that the rezoning enhances the property and where the closest homes are before we make a decision. Mr. Angles stated that we were waiting for the Master Plan Committee to come forward their recommendation and is still valid. Frank Fiore 16 berry Street, stated that everything is not as simple as they are proposing. The property has been rezoned several times. Mr. Fiore stated that across the street there is 90 homes proposed and next to the gas station there is 80 new homes. Mr. Fiore stated that this is not an Industrial area these people have home here and investments made. �Sr� Adelina McGlaughlin 23 Ash Street, stated that she has been living in her home for twenty five years in a very wooded area. There are young families with children that have moved in. Ms. McGlaughlin stated that there is a lot of industrial buildings in the area that aren't even filled. Danielle Swiniarski 326 Campbell Road, stated that she has wildlife in her backyard and she also has a well and is concerned with what is going to be put in. Mr. Rowen stated that all that is premature because they have not filed with us yet. Ms. Colwell read the allowed uses for (I-1)form the zoning bylaw. A resident of 36 Windsor Lane, stated that when he bought his property this Board approved four bedroom homes and if they rezone this he will move and believes that a lot of other people will too. Mr. Rowen stated that this Board isn't changing anything town Meeting would change it. Caroline Buchta 111 Campbell road, stated that there is 32 homes going in also and is concerned with the access of this building. Mr. Rowen stated that until there is a real proposal we won't know this. Peter Hingorani stated that the Master Plan Committee told him to keep the homes on Berry Street and put the office building on Rt. 114 based on the comments of the Master Plan Committee. Mr. Hingorani stated that his other choice is to build more houses. Mr. Rowen stated that we do want to hear from the Master Plan Committee and we will take their input and then make our decision. Adelina McGlaughlin 23 Ash Street, asked if there was any input she could give the Master Plan Committee. Ms. Colwell stated that Rt. 114 is a priority but, I can't tell you when we will be talking about Rt. 114 but, you can call Bill Scott, Director of Community Development, and ask him to inform you when it will be talked about. Debbie Zompa, Administrative Assistantto the Town Planner in North Reading, stated that she is a resident in this Town but, she has worked with Peter Hingorani in North Reading and it took him 8 years to finish a subdivision and we had to hold his hands. Ms. Zompa stated that this scares me that Mr. Hingorani is doing work in this Town. Ms. Zompa stated that she applauds the selectmen for not putting this on the warrant. Bradford Street -watershedspecial permit Dom Scalise was present to represent Bradford Street. Mr. Mahoney stated that he has potential conflict and asked Mr. Brown if he would like him to excuse himself out of the Public Hearing. Mr. Brown stated that he did not mind if he stayed. Mr. Scalise stated that this is a one lot parcel that consists of 5.6 acres. Mr. Scalise stated that they have had a number of meetings with the Town and this plan before the Board is the end result. Mr. Scalise stated that they have also brought a botanist if the Board had any questions. Ms. Colwell stated that there are a couple of comments from John Chessia. Mr. Rowen asked if they have met all the requirements for a complete submittal. Ms. Colwell stated that they did and that this project has had a lot of staff review. Mr. Rowen asked if the lot next to it going to tie into the forced main. Jeannette Heinze stated that everyone is on sewer there, they are just adding Mr. Brown's property. Ms. Colwell stated that Mr. Chessia's comments need to be addressed. Ms. Heinze stated that she never received a copy of Mr. Chessia's letter. Ms. Colwell stated that they did a good job and spent a significant amount of time with them, Ms. Colwell stated that we did have an incomplete file and then they re-submitted and this is a complete file. Mr. Rowen questioned the trenches on each side of the driveway. Jim O'Day stated that they should hold up to a 100 year flood and after 24 hours it will infiltrate into the soil. Mr. O'Day went over the plans with the Board. Ms. Colwell stated that she would like to keep the Public Hearing open until the next meeting so they can address Mr. Chessia's comments. Ms. Colwell stated that she will have a draft decision for the next meeting. Continued until October 20, 1998. Continued: Lot 1 Dale Street - repetitive petition The applicants submitted a letter requesting to withdraw without prejudice for Lot 1 Dale Street. Lyons Wa - definitive subdivision Paul Marchionda of Marchionda& Associates, was present to represent Lyons Way. Mr. Marchionda stated that the grading plan has changed for lot 6 and the amount of tree clearing. Ms. Colwell stated that the drainage has been reviewed and approved by John Chessia. Dermit Kelly if DJK Associates, was present to speak on behalf of the traffic. Mr. Kelly stated that Paul Hajec and himself were out to the property on September 18, 1998. Mr. Kelly went over the site distances for removing trees and not removing trees. Mr. Rowen stated that he would prefer to see them keep the trees and if push came to shove and there were accidents they could take them down if necessary. Mr. Simons stated that he agreed. Mr. Kelly went over the plans with the Board. Mr. Rowen asked where the right of way was. Mr. Marchionda showed the Board the location of the right of way on the plans, Robert Acciacca 168 Campbell Road, stated that he and his wife have almost been killed trying to get out of their driveway. Mr. Rowen asked if they would like to tie their driveway in with Lyons Way. Mr. Acciacva stated that he would not like to do that but, he would like to know why they can't use the paper street. Mr. Marchionda stated that they can't use the paper street because they would have to cross a wetland, Mr. Simons questioned the sewer tie in issues. Ken Grandstaff stated that the sewer has been approved. Mr. Grandstaff went over the sewer line with the Board. Ms. Colwell stated that they can start construction but, they won't get any lots released, Mr. Simons stated that he wants to make sure that there is not going to be a problem tieing into the sewer line. Debra Acciacca 168 Campbell Road, questioned the tree cutting line on the plans. Mrs. Acciacca stated that they have a swimming pool in the back of their yard and wondered if they could save some trees where the pool is so they could have some privacy, Mr. Simons asked if they were grading the right of way because they have to or because it is there. Mr. Marchionda stated that they are only grading where they have to. Mrs. Acciacca showed the Board where her swimming pool is on the plan. Mr. Rowen suggested that they plant trees if needed for the Acciacca's privacy. On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted unanimously to close the Public Hearing and have staff draft a decision for the next meeting. Executive Quarters (Hillside and Rt. 125 bypass)- site plan review Paul Marchionda was present to represent Executive Quarters, Mr. Rowen stated that Ms. Lescarbeau, Mr. Nardella and himself met with the developer. Mr. Rowen stated that the issues were the mass and the scale of the building. Tony Mesiti showed the Board a revised copy of the architecture of the building. Mr. Mesiti stated that they added pointed peaks, pillars and smaller windows to the building. Mr. Mesiti stated that they did not color the plan because we wanted the Boards input first. Mr. Simons stated that this is better in some respects but, still has some issues because it doesn't fit in with the other buildings. Mr. Rowen stated that Ms. Colwell suggested maybe removing the garage underneath. Ms. Colwell stated that they could try to get the Zoning Board of Appeals to give them a variance for less parking spaces so they could knock off the first floor. Mr. Mahoney stated that these buildings don't have to fit in with others and I think Watts Regulator Building is awful looking. Mr. Mesiti stated that they have taken a Iook at Merrimack College and took a look at the buildings next door. Mr. Mesiti stated that the trees are very high in the area and it will be difficult to see the buildings behind. Mr. Rowen questioned the landscape strip in the front of the building. A representative of Meehan Architects stated that the strip will be filled with trees. Mr. Simons asked what the material of the building was. A representative of Meehan Architects stated that it was brick, granite and limestone. Mr. Rowen asked what the roof was made of. W. Mesiti stated that they are flexible and can go with shingles. An abutter asked what is the necessity for having an underground garage. Mr. Marchionda stated that it is due to zoning. An abutter of 10 Peterson Road asked how the building is going to be accessed. Mr. Rowen stated that the brick is an improvement and a soft red color would be nice. Ms. Colwell stated that as long as the roof is not of shinny metal material, Mr. Rowen recommended that they uniform the roof to go with the building. Ms. Colwell passed out a letter that Jim Towle wrote asking for a traffic light to be installed. Dermit Kelly stated that they drew up a new alternative right turn out onto Rt. 125 on the plan. Mr. Kelly stated that he sent the letter to Boston to find out if it was feesable and how they go about doing it. Mr. Kelly went over the plans, Irene Catalano 37 Bucklin Road, stated that she does appreciate the no left turn but, she was behind a elder bus while it was waiting to take a left turn. Mr. Rowen stated that any input the homeowners have would be appreciated. Ms. Colwell stated that Osco Drug already had a curb cut with the church that owned it prior. An abutter stated that he met with Sgt. Soucy, Sa1tey Officer and he recommends an entrance and exit and entrance on Rt. 125. The abutter asked if the safety officers comment would impact the states decision. The abutter asked if they could use Sgt. ,Soucy to propose this to the state. The abutter stated that when they met with Sgt. Soucy he stated that he would be against a traffic light because it would cause cars to back up onto Hillside Road. Mr. Towle stated that Hillside Road and Rt. 125 are the most heavily used than any other intersection. Mr. Rowen stated that we are trying to make it a workable intersection. Mr. Towle stated that they are not solving existing traffic. They are not doing anything with Rt. 125 and Hillside Road. Mr. Towle stated that he waits 5-7 minutes sometimes to get out of his road. Mr. Rowen asked if the state wants to put in a traffic light would you recommend it. Mr. Kelly stated that he would not recommend it. Mr. Towle asked if Mr. Kelly is saying that because the applicant will have to pay for it. Mr. Kelly went over the numbers of cars that travel on Rt. 125 and Hillside Road and he does not think it would beat the warrants for a traffic light for this location. An abutter stated that he is not sure that he is in favor of a traffic light but, he would like city and the safety officer to be involved. Mr. Rowen stated that the town has hired a traffic consultant. Paul Hajec of Hajec Associates, stated that he agrees with Mr. Kelly and believes this is the best plan for this development. Mr. Hajec stated that he does not think that the state would approve a right turn onto Rt. 125. Mr. Hajec went over the number of cars needed for a warrant. Mr. Kelly went over reasons why the states would not approve an exit on Rt. 125. Mr. Rowen stated that he does not see a problem of having cars being backed up on 100' of Hillside Road. An abutter stated that your affecting the complexity of the intersection. An abutter stated that his only request would be to have the traffic consultant and the safety officer to influence the state. Mr. Angles asked since there was an existingfoundation on the property could there be a curb cut already there, Mr, Kelly stated that there wasn't. An abutter asked if they could are the island onto Rt. 125 so that cars can't enter from Chestnut Green, Mike Madderas stated that the Fire Department would not allow that. Mr. Marchionda went over the landscaping plans with the Board. Mr. Simons asked if they could lift the berm up and have a picket fence. Mr. Mesiti stated that they will be shielding the homes from the building. Continued until October 20, 1998, Executive Session: Heritage Session On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board agreed to convene into Executive Session for the purpose of discussing Heritage Estates subdivision. The vote took place at 10:00 p.m. Roll call vote: Mr. Simons yes Mr. Angles yes Mr. Rowen yes Mr. Mahoney yes On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board agreed to come out of executive Session and reconvene in open session. The vote took place at 10:10 p.m.. Roll call vote: I Mr. Simons yes Mr. Angles yes Mr. Rowen yes Mr. Mahoney yes Adjournment: On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to adjourn. The meeting adjourned at 10:10 p.m.