HomeMy WebLinkAbout2001-05-01 Planning Board Minutes Planning Board Meeting APPROVED 7/10/01
May 1, 2001
Members Present: Alison Lescarbeau, Chairman
John Simons, Vice Chairman (7:55)
Alberto Angles, Clerk
Richard Nardella
Richard Rowen (8:10)
Staff Present: Heidi Griffin, Planning Director
Jacki Byerley, Planning Assistant
The Planning Board Meeting of May 1, 2001 was called to order at 7:40 p.m.
Discussions:
Foxwood Subdivision-Update-
Mr.
ubdivision-UpdateMr. Mike O'Neill of O'Neill & Associated stated that he believed he had resolved many
of the issues in the VHB report and had also worked on some problems that Jim Rand of
DPW. Mr. O'Neill went through his memorandum of items dated April 25, 2001. Ms.
Lescarbeau questioned whether Mr. O'Neill's response to VHB review had been
submitted to VHB for their review. Mr. O'Neill had not submitted the memorandum to
VHB. Ms. Lescarbeau stated that the$5100.00 referenced was for street trees not for the
reforestation of the development.
Mr. Devlin a resident of the Foxwood subdivision wanted to know whether Mr. O'Neill
had Work with the differences between the as-builts and the VHB report.
Mr. Nardella questioned the street lighting and how many streetlights needed to be in
place.
Mr. Devlin wanted to know whether Mr. O'Neill had been working with the
Conservation Commission along with the Planning Board at the same time to achieve the
same results.
The Planning Board instructed Mr. O'Neill to put together a street lighting plan, a traffic
island plan and groundwater drainage plan and submit a modification to a'definitive
subdivision plan to the Planning Department as soon as possible. The Planning Board
also instructed Ms. Griffin to maintain a spreadsheet of the modification decision to know
the work was being completed to the satisfaction of the Planning Board before the as-
builts were submitted.
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Article 14-ExTenses Related to the Acceptance of Private Ways
Mr. Hmurciak informed the Planning Board that the propose of the article was to cover
the eminent domain costs for taking of easements.
Mr. Simons motioned to recommend FAVORABLE action regarding Article 14,
2"d by Mr. Rowen voted 5-0 in favor of the motion.
Article 19-Automatic Lane Irrigationy
Mr. Hmurciak informed the Planning Board that the paragraph containing the policing of
the systems was edited out.
Mr. Nardella motioned to recommend FAVORABLE action regarding Article
19, 2"d by Mr. Angles voted 4-1-0 in favor of the motion.
Article 38-Ac uisiton of Land-Third Fire Station
Mr. Angles read a letter into the record.
Mr. Rowen motioned to recommend UNFAVORABLE action regarding Article
38, 2 nd by Mr. Angles voted 4-0 in favor of the motion.
Article 40-Ac uistion of Land-Carter Hill Hawk Ridge Subdivision
Mr. Simons motioned to recommend FAVORABLE action regarding Article 40,
2"d by Mr. Nardella voted 5-0 in favor of the motion.
Bond Release-Merrimack College-Rogers Center
Mr. Simons motioned to RELEASE all remaining funds from Merrimack
College-Rogers Center, 2"d by Mr. Rowen voted 5-0 in favor of the motion.
Street Acceptance-Coventry Estates
Mr. White representative of Coventry Estates stated that the developers were willing to
work with the Town to resolve all outstanding issues. Mr. White informed the Planning
Board that DBT Corp a subsidiary of Fleet Bank has been maintaining the pumping
station but they do not own them. Mr. Nardella stated that years ago negotiations had
been through Shawmut Bank to acquire the pumping stations. Mr. Simons stated that for
the subdivision to be recognized as completed and acceptance the pumping stations
needed to be accepted before hand.
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Mr. Simons motioned to recommend UNFAVORABLE action regarding the
street acceptance of Coventry Estates unless an agreement on disposition of the pumping
stations and other remaining issues with Coventry Estates is made, 2'd by Mr. Nardella,
voted 5-0 in favor of the motion.
Public Hearings:
Definitive PDD-Riverbend Crossing Greene St-43 Dwelling Unit
Mr. Doan. Scalise representative for the project informed the Planning Board that the
project was located at 350 Greene Street on a 3 acre parcel, 370.9 frontage on Greene
Street. The back area was surrounded by wetlands. They had received 3 variances from
the ZBA for the side, front and driveway. Landscaping had been agreed upon with the
Housing Authority along the abutting property line. A turn around with an open culvert
is proposed on Greene Street. Some parking was proposed in the lot across the street.
The parcel is 111,769 SF, 22,000 SF is being set aside as open space.
Mr. Joseph LaGrasse the architect on the project stated that lot 28 is 9000 SF, lot 29 5000
SF. The paving is proposed to 26ft wide which the fire department gave dimension for.
Most of the parking is to be under the building. The open space parcel is to be deeded
over to the Conservation Commission. There are 63 parking spaces proposed about 1.5
for each unit.
Mr. Rowen wanted to know whether lots 28 & 29 could be used for additional parking
beyond the 10 spaces proposed. Mr. LaGrasse stated that the federal regulations,because
of the proximity to the river, would prevent additional parking in the lots.
Ms. Gina Allen of 369 Waverly Road stated that she had not been notified of the public
hearing. Ms. Lescarbeau informed her that the applicant obtains the list from the
assessor's office and that Ms. Allen should check with them to see if she is listed there.
Ms. Allen stated that the Planning Board should be looking into the following issues;
does the project take away from the livability of the neighborhood, the concern with the
55 and older age group and the number of parking spaces provided, flooding. Ms. Allen
read a petition into the record regarding the neighboring concerns with the project.
Mr. LaGrasse informed the Planning Board that the structure was made up of steel frame
in character, using brick dormers, four stories high with four sides. The parking would be
semi-covered under the building
Ms. Theo Trambern of Glenwood Street was concerned with the sewer tie in. Mr.
Hmurciak stated that the line would be connecting into the current sewer line not the new
relief sewer construction. Presently the DPW was modifying Waverly and Greene Street
upstream connector and will not be abandoning the old pump.
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Ms. Susan Dileo of 369 Waverly Road wanted to know the construction time line? Mr.
LaGrasse stated that ideally they would like to start this building season June &July and
should be an 8-month process.
The Planning Board instructed the applicant to look into the width of the roadway at the
start of Waverly Road, whether they can only sell to 55 and older, were more parking can
be placed, and to submit a traffic study to VHB.
Mr. Nardella motioned to CONTINUE the Public Hearing for Definitive PDD-
Riverbend Crossing Greene Street, 2"d by Mr. Rowen voted 5-0 in favor of the motion.
Warrant Article 32-Rezone Map 24 Parcel 44-Citizen Petition
Mr. John Markey owner of the property located at 246 Turnpike Street would like his
property rezoned from Residential 4 to Business 1. Mr. Markey stated that with the
current zoning of R4 the building could be used as a business but he would have to live
there. By rezoning the property to B 1 the building could be utilized as an office only.
Mr. Simons stated that by rezoning the lot it would then be non-conforming. Mr. Rowen
stated that the rezoning would cause a spot zoning issue.
Mr. Scott Hajjar an abutter to the property read a petition into the record in protest of the
rezoning. Mr. Hajjar stated that he had concerns with the 12 homes that would be
impacted by the rezoning. It would decrease the value of the homes and increase traffic.
Mr. Simons motioned to recommend UNFAVORABLE action regarding
Warrant Article 32-Rezone Map 24 Parcel 44, 2ndby Mr. Angles, voted 5-0 in favor of
the motion.
740 Turnpike Street-Site Plan Special Permit-Car Wash
Mr. Dom Scalise representative for the project stated Mr. Dermot Kelly had applied for a
Mass Highway Permit. The water used on the site will be recycled. The Planning Board
instructed the applicant to show a plan with the wetlands, look into the past drainage
issues, show the elevation from the street, respond to the DPW memo dated May 1, 2001,
add the planning list to the plans and satisfy the queuing.
Mr. Simons motioned to CONTINUE the Public Hearing for 740 Turnpike
Street-Site Plan Special Permit until the May 22, 2001 meeting, 2®d by Mr. Angles, voted
5-0 in favor of the motion.
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Frontage Exception Special Permit-Lott Bradford Street
Frontage Exception Special Permit-Lott Bradford Street
Mr. Zahoruiko applicant for the Frontage Exception Special Permit stated that the lot is
located in both North Andover and Boxford. Currently he is looking into whether the
address will be in Boxford and placing a covenant on the property to allow the Boxford
address. Mr. Zahoruiko stated that the same four lots would be created in Boxford also.
The Frontage Exception Special Permit will help establish density and he may possibly
apply for a Planned Residential Development at a later date.
Mr. Simons motioned to CLOSE the Public Hearing for Lot t Bradford Street
Frontage Exception Special Permit, 2nd by Mr. Rowen, voted 5-0 in favor of the motion.
Mr. Simons motioned to CLOSE the Public Hearing for Lot 1 Bradford Street
Frontage Exception Special Permit, 2nd by Mr. Rowen, voted 5-0 in favor of the motion.
25 Carria e Chase Road-Watershed Special Permit
Ms. Griffin informed the Planning Board that certification from the engineer was
received.
Mr. Rowen motioned to CLOSE the Public Hearing for 25 Carriage Chase Road-
Watershed Special Permit, 2nd Mr. Angles, voted 5-0 in favor of the motion.
Mr. Rowen motioned to APPROVE the Watershed Special Permit for 25
Carriage Chase Road, 2'd by Mr. Nardella, voted 5-0 in favor of the motion.
257 Bridle Path-Watershed Special Permit
Mr. Osgood engineer for the project requested that the Planning Board allow VHB to
witness the test pit instead of the Board of Health.
Mr. Rowen motioned to GRANT the request for VHB to witness the test pit for
257 Bridle Path, 2"d by Mr. Nardella, voted 5-0 in favor of the motion.
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Warrant Article 31-Amend Zoning.Map 98D Parcels 6 &7
Mr. Joe Peilich representative for the applicant stated that the applicant did not want to
place any restriction of the properties if they were to be rezoned to General Business. In
past years the properties tried to be zoned to Village Commercial but there is not enough
square footage to allow that.
Mr. Simons stated that some uses that are allowed in the General Business district could
create problems for the town in the future.
Mr. Peilich stated that the present owner had no plans for developing the properties.
Mr. McGregor owner of the properties stated that he had been there for 26 years and
presently has no plans to leave,
Mr. Simons stated that with the present owners a General Business Zone would not be a
problem but he was looking to the future and if the property were to be sold a number of
issues could arise later with the added uses.
Mr. Simons motioned to recommend UNFAVORABLE action for Warrant
Article 31-Amend Zoning Map 98D Parcels 6 &7 from B 1 to GB, 2nd Mr. Nardella,
voted 5-0 in favor of the motion.
Warrant Article 30-Create Section 8.10 Slope Bylaw
Mr. Nardella motioned to recommend FAVORABLE action regarding Warrant
Article 30-Create Section 8.10 Slope Bylaw, 2nd by Mr. Simons, voted 5-0 in favor of the
motion.
Warrant Article 24-Amend Zoning Map 28 Parcel 19
Ms. Griffin informed the Planning Board that the letter regarding the lot becoming non-
conforming and the restrictive covenant has not been received yet.
Decisions:
North Andover High School-Site Plan Special Permit
Mr. Nardella stated that the Planning Board should reword the language regarding the
security condition placed in the decision. Mr. Nardella stated that by placing a bond
amount the Town would be posting the money to a Town account. Mr. Nardella
informed the Planning Board that he would speak with the Town Manager to find an
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alternative to posting a cash bond. Mr. Nardella also requested that the gated access be
placed in the decision.
Mr. Nardella motioned to APPROVE the Site Plan Special Permit for the North
Andover High School pending the discussions with the Town Manager regarding the
posting of a bond for the project and as amended, 2"d by Mr. Simons, voted 5-0 in favor
of the motion.
Mr. Nardella motioned to ADJOURN the Planning Board meeting of May 1,
2001, 2"d by Mr. Simons, voted 5-0 in favor of the motion.
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