Loading...
HomeMy WebLinkAbout1998-11-17 Planning Board Minutes Planning Board Meeting Department of Public Works November 17, 1998 Members Present: Richard S. Rowen, Chairman , and Joseph V. Mahoney were present. Richard Nardella arrived at 7:07 p.m. John Simons, Clerk arrived at 7:30 p.m. Kathleen Bradley Colwell, Town Planner and Tom Urbelis, Town Councel were also present. Alison Lescarbeau, Vice Chairman and Alberto Angles, Associate Member were absent. Minutes: On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to approve the minutes for October 20, 1998 as amended. On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board agreed to convene into Executive Session for the purpose of discussing Forestview Estates subdivision. The vote took place at 7:10 p.m. Roll call vote: Mr. Nardella yes Mr. Mahoney yes Mr. Rowen 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 7:45 p.m.. Roll call vote: Mr. Mahoney yes Mr. Nardella yes Mr. Rowen yes Mr. Simons yes Discussion: Rt. 114 Sewer issues - update Bill Hmurciak, Director of D.P.W., was present to give the Board an update on the west side interceptor. Mr. Hmurciak passed out a compliance schedule to the Board. The Town submitted plans and a schedule to the DEP on May 29, 1998 for constructing a temporary bypass sewer through the City of Lawrence. The bypass system including force main, pumps, meters and telemetry, has been completely installed and tested, Mr. Nardella asked if we would be charged. Mr. Hmurciak stated that we would, at the same rate as if the sewage was coming from North Andover. Mr. Nardella asked if they have had an eruption on Glenwood Street. Mr. Hmurciak stated no, but it is still to early in the season for any major problems. The problem has not gone away but we have made it better. Mr. Nardella asked how much flow they have taken out. Mr. Hmurciak stated 100,760 gpd. Mr. Hmurciak stated that a plan and schedule for the elimination of illegal connections to the sewer was submitted to the DEP on June 26, 1998. Mr. Hmurciak showed the Board the existing sewer line and a new proposed line on the plan. Mr. Simons asked with everything they've done, does that allow everyone who wants to connect to connect. Mr. Hmurciak stated yes, Stop & Shop, two homes on Woodlea Road and the Merrimack College dorms have already hooked in. Ms. Colwell asked if D.E.P. approved all these numbers. Mr. Hmurciak stated that they had approved the numbers in October. Mr. Nardella completmented Mr. Hmurciak on the work he has done to solve this problem. 701 Salem Street - update Mathew Xenakis was present representing 701 Salem Street, Mr. Xenakis stated that there have been a couple of changes made. He stated that they would like to construct a wooden guardrail instead of a fence around the detention area. Mr. Xenakis stated that he spoke to Andy McIanikas at the Fire Department and he said that he could keep the dumpster at the rear of the building but, he would have to install fire sprinklers over it. Mr. Xenakis submitted plans to the Board for the drive up teller. He stated that he has done everything his neighbors have asked him. His neighbor, Mr. Speicer wrote a letter stating that he does not want a fence constructed because his children use that entrance and if it were to be constructed they would have to walk in through the entrance with the cars. Mr. Simons stated that every single commercial project has been required to install a fence. Ms. Colwell stated that the sidewalk that was installed is wider than it is supposed to be and could be cut down to allow room for a fence. Mr. Rowen stated that no one uses the sidewalks. Tim O'Brien stated that he uses the sidewalk when he walks to the mall. Mr. Xenakis stated that after one storm the fence is going to be ruined. Mr. Rowen asked the Board if they would like shrubs or a fence along the front of the property. John Cristofsomo has concerns with the construction of a fence along the front of the property. Linda Capelini, 25 Abbott Street stated that the front of the store is a bus stop and she would like to see the sidewalks stay. Ms. Colwell stated that another feature would be to do a guardrail along the front of the property. Mr. Xenakis stated that the detention pond is not in the right location and feels that the general contractor should come out and explain why it is not built to plan to the Board. Mr. Rowen stated that he feels that the entranceway should be flared out because they have been getting a lot of complaints. �r9 Tim O'Brien stated that he has spoke to Fred Soucy, Safety Officer, about putting up signs because 18-wheelers have been parking along Salem Street. Ms. Colwell stated that, that is really for the Safety Officer. Mr. Rowen stated that they should landscape next to Mr. Cristofsomo and at the entranceway, Mr. Xenakis stated that everything that we've talked about is all right except the front of the property with the fence being installed. Mr. Rowen stated that he should cut the entrance and exit curbing to get a curve affect. Mr. Rowen stated that on Abbott Street he should take down the stop sign because it is giving mixed signals, Ms. Colwell asked if we feel that we need to hold $20,000 bond still. Mr. Rowen stated that he should come back with an amount on how much it will cost to complete these things and then we will release everything but that amount. Mr. Xenakis must come back to the Board with a plan for the front of the building, which should include either a fence or landscaping. The Board will review the plan and will then make a determination as to the amount of bond money that must be held. Bonds: North Andover Estates and Heights - bond release Bruce Pitts was present to represent North Andover Estates and Heights. Mr. Pitts stated that they have received four out of five certificates of compliance from ConCom. Mr. Simons stated that he remembers that a portion of the hill was removed and that the Board required replanting. Ms. Colwell questioned the location of the 50' buffer and no- cut lines. Mr. Pitts stated that he would have no problem replanting the top and the bottom of the slope. Ms. Colwell went over her punch list for North Andover Estates that the Planning Department still needs to resolve: • access easement documents • open space deeded to the Town and have it cleaned up • entrance on Chestnut Street plantings • stop signs at Wildrose Drive • Tree cutting and no cut line Ms. Colwell went over her punch list for North Andover Heights that the Planning Department still needs to resolve; • 15' access easement • open space deeded to the Town • tree cutting, no cut line Mr. Rowen asked if Rosemont Drive's catch basins were on D.P.W.'s punch list. Mr. Pitts stated that they were on their list. Mr. Nardella stated that he does not want to release any bond money at this time. Mr. Rowen stated that they should get as much of this list done before the end of the year and then come back before the Board. Mr. Pitts stated that they would get 90% of these issued resolved by the end of the year. Mr. Rowen stated that he would not vote to release any bond money either. Diane Ziantarski, Friends of North Andover Estates, had concerns with Ralph Joyce tearing up the road that had already been paved by Toll Brothers. Mr. Pitts stated that he had brought that up to D.P.W. with regards to holding a bond. Ms. Ziantarski stated that she was told by D.P.W. that they are holding a $20,000 bond form Ralph Joyce. Mr. Pitts stated that he did not know that D.P.W. was holding $20,000. Mr. Rowen stated that we'd see you at the end of the year and see what you've completed. Ms. Colwell stated that Toll Brothers and Friends of North Andover Estates have to deal with the issues of the sign and lighting at the entrance. Continued until the January 5, 1999 meeting. Settler's Ridge - bond release Ms. Colwell stated that she received a letter from Tim Willett, DPW stating that the road has been accepted and recommends a total bond release. The final deed for the Open Space must be signed by the Con Com and recorded. On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to release the remainder of the bond for Settler's Ridge subdivision upon receipt the recorded deed for the Open Space. Lot 160 Flagship Drive - bond release Ms. Colwell stated that she recommends a total bond release for this project. All remaining work has been completed. On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to release the remainder balance plus interest for Lot 160 Flagship Drive. Seven Oaks - bond release Ms. Colwell stated that she received a letter from Tim Willett, DPW stating that he recommends a total bond release since the Town has accepted the road. On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to release the remainder balance plus interest for Seven Oaks subdivision. $2,500 to be transferred into the sidewalk fund. Endorse Plans: Country Club Estates- definitive subdivision The Board endorsed the plans for the Country Club Estates subdivision BerEy Street -„Form -A Ms. Colwell stated that part of Berry Street is not an existing way. Ms. Colwell stated that the issue was brought up by D.P.W. This street does not meet the Town's standards. Ms. Colwell stated that in 1985 any lots fronting on this part of Berry Street had to come before the Board showing a subdivision. Ms. Colwell went over the plan with the Board. Mr. Mahoney stated that he has never seen this plan before and he is having a hard time following it. Mr. Mahoney stated that he would like more detail on the plan. Pat Garner stated that they had 5 lots originally and dropped it to 4 lots. Ms. Colwell read Jim Rand's letter on Berry Street. Continued until the December 1, 1998 meeting. 200 Chickering Road -Form -A The Board authorized Ms. Colwell to endorse the Form A plan for 200 Chickering Road. Forestview Estates - definitive subdivision The Board endorsed the plans for Forestview Estates. Continued: 69 South Bradford Street- watershedspecial permit Julie Parrino of Hancock Engineering was present representing 69 South Bradford Street. Ms. Parrino stated that they have received an Order of Conditions from ConCom. Ms. Parrino also stated that they were granted variances on area and front setbacks. Ms. Parrino stated that John Chessia had an issue with the drywell on the property. She requested that this be placed as a condition of the decision. Ms. Parrino gave the Board a recap of the past filings on this property. A settlement of a lawsuit in 1990created 3 lots and allowed the existing home to be refurbished. This lot falls under the pre-1994 buffer zones. Mr. Simons asked how close to the wetlands they are. Ms. Parrino stated that they are 54' away from the edge of the wetlands. Ms, Colwell stated that they needed a variance to build within 100', which they have received. Ms. Parrino stated that there is a fire hydrant right out front of the property and wondered if the sprinkler system is necessary. Ms. Colwell stated that it is part of the settlement. Mr. Rowen felt that they should put the sprinkler system in. On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to close the Public Hearing. Executive Quarters -(Hillside Road and Rt. 125 bypass) - site plan review Dave Willett of Marchionda Associates and Mike Madderos ofMesiti Development were present to represent Executive Quarters. Mr. Willett stated that the proposed sign is 145 SF free standing and is 250' away from the homes. Mr. Madderos stated that there would only be two lights on at night for security reasons. There is one on opposite side of the building away from the homes and one in the far parking lot, which will be facing down on the parking lot so that none of the homes will see the light. Ms. Colwell had questions regarding the ventilation of the parking garage. Mr. Madderos stated that they would be installing anodized aluminum louvers, which look like siding. Mr. Mahoney asked if it will be an all year round garage. Mr. Madderos stated that they would be but they will not be heated. Masoud Rahgozar 15 Bucklin Road had questions regarding the sign. Mr. Rowen stated that it if meets the sign bylaw requirements it can be put in. Mr, Nardella asked if it is the same sign as they did at Crossroads and if it is lit from the ground up. Mr. Madderos stated that it was. Mr. Rahgozar questioned what the building was made of. Mr. Nardella stated that the developer made a lot of movement from the first plans submitted and has worked a lot with the Town. Mr. Madderros stated that the columns will be made of limestone and the building will be made of brick. The bottom of the building will be made of clapboard and it will have a shingle or shingle affect roof. Mr, Rahgozar had concerns with the no left turn sign going on Hillside Road. Ms. Colwell stated that Sgt. Soucy is taking that to the Selectmen. On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to close the public Hearing. Decisions: Executive Quarters - (Hillside Road and.Rt. 125 bypass,) ---site plan review On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to approve the site plan review known as Executive Quarters - (HilIside Road and Rt. 125 bypass). 69 South Bradford Street- watershedspecial permit On a motion by Mr, Nardella, seconded by Mr. Mahoney, the Board voted unanimously to approve the site plan review known as 69 South Bradford Street watershed special permit as amended. Boston Ski Hill Even though this was not on the agenda the Board had a brief discussion on Boston Ski Hill. Tony Mesiti and Ken GrandstafTof Mesiti Development were present. The issue involves an interpretation of the Zoning Bylaw regarding the Village Residential Zone and the Growth Management Bylaw. Ms. Colwell stated that the Planning Board does not have the authority to grant waivers from the zoning bylaw. The Village Residential Zone requires the preservation of 50% of the site as open space in order to construct multi-family homes. The Growth Management Bylaw allows a project to become exempt if the density is reduced by 40% and at least 10 acres of land is preserved. The two bylaws together require 50% plus 10 acres as Open Space. Mr. Rowen stated that the Planning Board must live with the Zoning Bylaws and enforce them as written. The Zoning Board of Appeals is the only Board that can grant a i variance. Mr. Nardella stated that this is a development the Board wants in the Town. Tony Mesiti stated that he wants to work with the Town. Mr. Simons stated that he does not think that the Zoning Board of Appeals can give a variance. The plan should be based on the topography of the site. Mr. Rowen stated that if Mesiti went to the Zoning Board of Appeals he wouldn't object to the variance. Ms Colwell suggested that the additional 10 acres may be able to be preserved elsewhere in Town. The Planning Board and the Master Plan Committee met last week to discuss transfer of development rights. This may be the perfect solution for the problem. The Board had discussed allowing exemptions from the Growth Management Bylaw through the purchase of open space for the last town meeting. Mr. Nardella supported this idea. Mr. Mahoney left at 10:15 p.m. Adjournment: On a motion by Nardella, seconded by Mr. Simons, the Board voted unanimously to adjourn. The meeting adjourned at 10:20 p.m. i