HomeMy WebLinkAbout2000-07-11 Planning Board Minutes RECIEIVED
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Planning Board Meeting TOWN U. RK
Department of Public Works NORI'll ANDOVER
July 11, 2000 APPROVED August 15
7iOUG I b P 3: 23
Members Present: Alison Lescarbeau.
Alberto Angles
Richard Rowen
Richard Nardella
William Cunningham
Others Present: Heidi Griffin, Town Planner
The Planning Board meeting was called to order at 7:09 p.m.
Discussion
Bond Establishment-Abbott Villa— Estates
Ms. Griffin stated that the DPW recommended the bond amount be established for
$106,400.00 for Abbott Village Subdivision and to endorse the Form J Lot Release for
Abbott Village for the release of lots 1,2,3,4,18,19,20,21,22,23 on Nutmeg Lane. Ms.
Lescarbeau questioned whether that amount included the sidewalk. Ms. Griffin stated it
does.
Mr. Rowen moved to establish a bond amount of$106,400.00, seconded by Mr. Angles
and VOTED 4-0.
Bond Release-Pe s_Common
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Ms. Grifirm stated that the DPW recommended a bond release of all remaining funds.
Mr. Rowen moved that the Planning Board vote to release all remaining funds for
Phillips Common, seconded by Mr. Angles and VOTED 4-0
Bond Establishment-Rocky Brook II Ogunguit Road
Peter Breen stated that the roads had been hot topped and would like to release to lots,
Lots I I A and 12C. DPW recommends a bond to be established in the amount of
$90,000.00 for remaining work to complete subdivision. Mr. Rowen recommend an
amount of 35,000 be established in order to release Lots 11 A and 12C.
Mr. Rowen moved that the Planning Board vote to establish an amount of$35,00.00 for
Rocky Brook 11 Subdivision and to endorse Form J to release Lots I I A and 12C for
Rocky Brook 11 Subdivision, seconded by Mr. Angles and VOTED 4-0
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Ms. Lescarbeau made an announcement that Boston Ski Hill, 1812 Turnpike St and
AT&T Wireless Facility asked for a continuance to the August 1, 2000 meeting.
Minutes of June 27,200
Mr. Rowen moved that the Planning Board vote to approve the June 27, 2000 minutes as
amended, seconded by Mr. Angles and voted 5-0 with the revisions.
Mr. Nardella stated that he is now a member of the Growth Management Subcommittee
and questioned what the process of tracking how many building permits were issued in
the year and who should do the tracking. Mr. Rowen stated the number of permits issued
is enforced and tracked by the Building Commissioner. Mr. Rowen stated that since this
pian came into effect 4 years ago the Town has never reached the maximum cap of 80
building permits being issued.
Public Hearings
Amendment to the Subdivision Rules&Rejzulations
Ms. Griffin stated that the purpose of the amendment was to lessen staff restraints on the
DPW. By having the developer or builder use an Outside Consultant to perform all road
inspections for subdivisions it would benefit the developer and the Town by getting the
roads inspected in a timely fashion.
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Mr. Rowen made a revision on the last sentence of number 4 and asked that it be deleted.
Also he stated that in the 3"d sentence of number 5 should include accrued interest. The
4th sentence in number 5 should be changed from denial to "stop work order". Mr. Angles
questioned whether the building inspector could issue a stop work order and Mr. Nardella
stated that the Planning Board had voted once before to issue a stop work order.
Mr. Rowen moved that the Planning Board vote to approve the amendment to the
Subdivision Rules &Regulations as amended, seconded by Mr. Nardella and
VOTED 5-0.
Just Mary's Take Out-478 Chickering Road
David Jordan engineer for Salvatore Lupoli presented a plan that displayed the building
to be 1700 square feet. The site is already 100%paved and they would be moving some
existing pavement to accommodate the new site. It would have 9 parking spaces and the
existing entrance on Chickering Road would be closed. Drainage would be reduced and
would be a single catch basin. The engineer submitted revised plans in response to
VHB's comments.
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Ms. Lescarbeau questioned the elevation in relation to the adjacent building Sal's pizza.
Mr. Jordan stated that the elevation would.be the same as Sal's pizza. Mr. Nardella
wanted to know the size of the existing building, Mr. Jordan replied is about 24 x 40 with
a 4ft overhang and that the new building would be twice the size of the existing. Ms.
Lescarbeau wondered whether Just Mary's would be using anything of Sal's Just Pizza
Jordan replied no that there
would b
e a walk way in between
Mr. J
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the two buildings and that they would only share a dumpster. Ms. Lescarbeau questioned
whether seating would be available. Mr. Jordan stated no that it was just for take out. '
Mr. Nardella wanted to know if Handicap Parking Signs would be displayed. Ms.
Lescarbeau questioned Whether the 9 parking spaces included the handicap or would
there be an additional space provided. The 9 included the handicap.
Mr. Nardella expressed concern on whether the sidewalk would be rebuilt, Mr. Jordan
stated yes and that they would use granite curb. Mr, Rowen wanted to know what
materials would be used in the new building. Mr. Jordan replied it would be brick
exterior.
Mr. Nardella wanted to know the placement of signs, Mr. Jordan stated that there would
be an Sft unlit sign on Main St and one on the side of the building. Ms. Griffin stated that
the building shouldbe 12 feet from the right of way on Chickering Road.
Mr. Nardella wanted to know the products to be sold at the new establishment. Mr.
Lupoli responded with pasta, fully prepared meals, completed dinners for people with no
time to cook.
Mr.Nardella wanted to know whether street cutting would be required, Mr. Jordan stated
that a new water service would be brought in and Would affect the sidewalk on Main St
which would be repaired.
Ms Lescarbeau wanted to know when construction was scheduled to begin. Mr. Lupoli
replied as soon as possible pending approval. Ms. Lescarbeau questioned Ms. Griffin on
whether there were any outstanding issues with VHB. Ms. Griffin stated that they had all
been addressed.
Mr. Nardella showed concern of the noise level of the refrigeration and air conditioning
units. Mr. Lupoli claimed that the noise level may be less than Sal's because a smaller
unit would be needed because the food would mainly be fresh. The air units would be
located on the roof and not visible from street level.
Mr. Rowen wanted to know what the lighting would be for the parking lot, Mr. Jordan
stated that the lights would only be directed on the premises. Mr.Nardella wanted to
know the hours of operation, Mr. Lupoli wasn't sure of the hours but believed they would
close around 7:30.
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Mr. Angles questioned what the elevation in the back would be, Mr. Jordan stated that it
would be the same as the existing elevation.
Mr.Nardella wanted to know what would happen with the debris from the existing
building, Mr. Jordan stated that trailers would be made available to move materials away
and some would be used for back filling.
Mr. Nardella wanted dust mitigation to be added to the decision and water to be provided
as needed.
Mr. Nardella moved, seconded by Mr. Angles and VOTED 5-0:
To approve the 478 Chickering Road Site Plan Special Permit as amended
this evening.
Modification to Forestview Estates
Mike Rosati presenter for Pulte Homes stated that Pulte has acquired Forestview
properties from Mesiti-Moore Development and in doing so wanted to modify existing
plans Mr. Rosati stated that they wanted to add 3 new foot prints for houses mix named
Carlton, Chaucer and Concord which added more of a mix in the houses and made some
of them smaller than originally planned. The second modification is to change the
location of play area and relocate it to Lot 55A. Lot 55A was exchanged for Parcel '
make open space Parcel"G". This would increase open space by around 1000 ft. Parcel
"D"would be modified into a new lot.
Mr. Angles questioned why they were changing the existing plan. Mr. Rosati stated that
the existing Parcel"D"wouldn't get the 15 foot set back required to build on the property
so by changing it to the play gre4 it would open up a new lot and make the play area
larger and less hilly.
Mr. Cunningham asked what equipment would be placed in the play area. Mr. Rosati
stated that there would removable soccer goals to make a half court version of a soccer
field.
Ms. Lescarbeau commented that Forestview Estates was one of the largest subdivisions
to be built in North Andover with 90 Lots. Mr. Cunningham questioned the average
square footage of the homes. Mr. Rosati stated that it would be about 3450 sq. ft. on a
acre lot.
Mr. Rowen questioned what would be happening to the pumping station, Mr. Rosati
stated that it was part of the landscaping plan.
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Ms. Grf[in questioned Pat Cone about whether a wooden fence could be used instead of
the normal chain link around the play area, Mr. Cone stated that it is negotiable.
Ms. Griffin informed Pulte Homes that the applicant on file was Mesiti-Moore
Development and that they would be receiving notice of decision. She then advised them
that they should have their lawyer draft a notice to put in the file stating the ownership
change.
Mr. Rowen moved, seconded by Mr. Angles and VOTED 5-0:
To close public hearing.
Mr. Rowen moved, seconded by Mr. Angles and VOTED 5-0:
To APPROVE the modification to definitive subdivision.
Omni oint-Pro osed Antennas to Existing Wireless Facilit
Randy Jones engineer for Media One-Omnipoint stated that the purpose of the hearing
was to add an antenna to the existing tower located behind North Andover Estates, by
Route 114 and Johnson St. The tree line is at 46 feet the existing site is covered in
vegetation. White's back yard hides antenna, there is a cabinet sitting at the base and
Omnipoint is willing to paint it any color desired. Ms. Lescarbeau stated that painting
would require maintenance and that the existing tower was the manufacture color and
maintenance free.
Mr. Cunningham questioned what happened to the committee for antennas. Ms
Lescarbeau answered that it was to difficult to get a committee together and that the
Zoning By Laws covered wireless facilities.
Ms. Lescarbeau questioned what would the noise generation be, Mr. Jones stated that at
the base of the fence it is 49 decibels. Ms. Lescarbeau questioned what the Radio
Frequency Emissions (RFE)were. Dr. Hayes is a certified PHD for radiation protection
performed measurements at 18 different locations and showed that there was less than
2%of RFE. He then calculated that the additional antenna would add .01%to existing
RFE. Mr.Nardella questioned whether there was testing done to show long term effects
from the RFA's. Dr. Hayes stated that the waves were intermittent and he conducted his
tests using the worst case scenario of full time exposure.
Mr. Jones stated that he had been out on the site taking pictures for the presentation and
neighbors had commented to him that they would prefer a tower to be there rather that a
subdivision. (No abutters showed at the Public Hearing to comment on proposed antenna)
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Ms. Lescarbeau questioned Ms. Griffin about compliance with VHB. Ms. Griffin
commented that she has yet to receive the letter from Department of Public Health. Mr.
Jones said that they would wait to apply for building permit until the letter is received.
Ms. Bernice pink asked Dr. Hayes with another tower located at Boston Hill and the two
within such a short distance how does it affect the homes located in the middle of the two
sites with the RFA's. Dr. Hayes stated that his tests were done with the existing
Omnipoint Tower and existing Boston Hill Tower.
Mr. Rowen moved, seconded by Mr. Angles and VOTED 5-0:
To Close the Public Hearing and continue until August 15, 2000.
A decision will be made when the letter is received from Mass Health.
Continued Public Hearings
Berrington Place-Modification to a Definitive Subdivision
Mr. Angles recused himself from the decision.
Mr. Rowen stated he was unable to make an unbiased decision because he was personally
being sued by the applicant.
Mr. Nardella stated that Associate Member William Cunningham is unable to vote on a
modification and can only vote on Special Permits.
Mr. Cunningham agrees with Mr. Angles and Mr. Rowen about being unable to have an
unbiased decision because of the suit against the board members personally.
Mr. Nardella states that on the modification is a good thing because it reduces the lots
from 8 to 4 and that the Board should look at the larger issue of lessening the amount of
lots and put aside personal issues.
Ms. Lescarbeau stated that she will table action on this plan until enough Board Members
are present to vote. She questioned the dead line that the Board has to make a decision
on a modification.
W. Lescarbeau moved to adjourn, seconded by Mr. Nardella.
APPR4)VED August 15, 2000
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