HomeMy WebLinkAbout2001-06-19 Planning Board Minutes Planning Board Meeting APPROVED 7110101
June 19, 2001
Members Present: Alberto Angles, Vice Chairman
Richard Nardella, Clerk
Alison Lescarbeau
Richard Rowen
Staff Present: Heidi Griffin, Planning Director
Jacki Byerley, Planning Assistant
The Planning Board Meeting of June 19, 2001 was called to order at 7:19 p.m.
Discussions:
Osgood Hill-Kettenback Property Informal Discussion
Mr. Mike Kettencback described the project and how it could be build with the density.
The project has 1100 feet of lake frontage with the possibility of and age restriction with
55 years and older. Mr. Kettenback stated that a condominium association would be
assigned to each lot. The lots are 400 feet from the lake. Mr. Kettenback asked the
Planning Board's opinion in regards to the condominiums.
Mr. Rowen would like to see a Planned Residential Development over a Definitive
Subdivision.
Mr. Kettenback stated that the restriction of 55 years and older would be more of a
marketing issues rather than a Planning Board issue. Sewer would go down to Osgood
Street. The road would be private and maintained by the condominium associations. Mr.
Nardella stated that it keeping the road private may work for the present but there is the
possibility of owners coming to Town Meeting in the future requesting the Town provide
services and maintain the road. Mr. Kettenback stated that he would place a restriction
within the owners deeds stating that the owners could not come before the Town
requesting Town services.
Mr. Nardella questioned the frontage? Mr. Kettenback stated that it would the 150 ft
required.
Mr. Kettenback stated that he had fee ownership of the land to build the roadway into the
condominiums.
Ms. Lescarbeau wanted to know the grade? Mr. Kettenback stated that it would be about
6%.
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Mr. Angles asked whether the project was within the watershed district? Mr. Kettenback
stated that the road would not be located within the watershed district.
Mr. Rowen suggested that the applicant involve the trails committee. Mr. Kettenback
stated that the land was contiguous with Town land and there is access to the possible
open space from Town land.
Mr. Nardella again question the roadway and with the possibility of future complaints to
have the road built to Town specs now rather than run into a problem later. Mr.
Kettenback stated he would look into making the beginning of the road a public way to
allow for the possibility of abutting properties developing their land. Mr. Kettenback
also agreed that the road be build to Town specs.
Ms. Lescarbeau questioned the time frame of a formal filing? Mr. Kettenback hoped to
come in front of the Planning Board sometime in August.
rerad Place-Subdivision Update
Ms. Griffin informed the Planning Board that a letter had been sent out to Mr. Grifoni
regarding the paving of Sunset Rock Road,
Mr. Grifoni stated that he had retained the services of Heffion Asphalt Corp to complete
the paving by August 10, 2001.
Mr. Nardella questioned whether there were sidewalks? Mr. Grifoni believed that part of
the money posted in his bond was released to him and a portion to the sidewalk fund.
Mr. Grifoni also informed the Board that the granite had been waived at the request of
the residents.
Ms. Lescarbeau asked whether there were any major problems or concerns with the
subdivision? Mr. Grifoni stated that he wasn't aware of any but Lot 15 had a drainage
problem, which was not what Mr. Grifoni developed. Mr. Grifoni was the developer of
the roadway not the houses.
Lawrence Airport Industrial Park-Preliminary Industrial Subdivision
Mr, Tim Sheehan representative for Enterprise Commission described the site to the
Planning Board. It is 41 acres; the Enterprise Commission has received 1.75 million
dollars in public funds for the roadway, sewer, and utilities. North Andover and
Lawrence will share the revenue with $62,000 being paid to North Andover for an annual
compensation of cost to the Town.
Mr. Harold Flight of Gale Associates, the consultant for the Enterprise Commission,
stated that the site consisted of 33 acres of upland and 8 wetland. There are 26 acres of
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contiguous building area. Clark Street would be the access road into the site, which
would eliminate the cul-de sac. A deed easement would be required from the airport for
access to the site currently no approval or denial has been received in that regards. The
site is proposed to be four lots with lots 3 &4 being created through an ANR plan. The
rear two lots require frontage. There would be a shared info structure. The site is zoned
Light Industrial District with no overlay district. It meets the requirements of 80,000 SF.
The proposed parking is oversized for what is required. The industrial park would be
10% retail with 90% warehouse. The access is a non-residential street and the applicant
is requesting a waiver to the sidewalk requirements. Sewer would be brought it
separately, the forced main is privately owned. The recharge basins are presently at a
2.5:1 slope but they believe they can get the 3:1 required if not they may ask for a waiver
to the requirement.
Mr. Nardella question whether a set back waiver would be requested in regards to Lot 2?
Mr. Flight stated that on the definitive plan the building would be moved back.
Mr. Nardella questioned who would be providing the services to the site? Mr. Shaheen
stated that the Town Manager and Lawrence Mayor discussed that services would be
provided by the Town of North Andover and that was why the town was compensated
$62,000 plus splitting the tax revenue 50150. Mr. Shaheen informed the Planning Board
that the agreements still needed to be approved by the Department of Revenue.
Ms. Griffin questioned whether a non-airport use would be have to be approved by the
FAA? Mr. Shaheen stated that a release request has been made for the non-airport use.
An agreement needs to be made between the Enterprise Commission and the Airport
Commission regarding a lease.
Mr. Rowell question whether an ramp could be constructed for service from Route 495?
Mr. Shaheen stated that that proposal would not be feasible at this time because the
property is not desirable enough and the extra cost of the ramp would bottom out the
market.
Mr. Nardella questioned what the intended uses were for the subdivision? Mr. Shaheen
stated that the Enterprise Commission, which consisted of official from both Lawrence
and North Andover, had not finalized the uses yet but believed it would be light
industrial.
Mr. Nardella questioned how the Enterprise Commission agreed upon the amount of
$62,000 when they did not know what the uses were? Mr. Shaheen stated that had
figured the amount on a square foot bases for build out of the site. Mr. Nardella
requested that the North Andover Town Manager be present at the next meeting to
discuss the calculation and the intended uses.
Robert Michaud of Vai stated that a traffic study will be done for the project and
presently they were working on meeting the obligation of whether a traffic signal was
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required at the intersection of Holt Road and Route 125. Mr. Shaheen stated that a traffic
signal had been placed in the budget.
Mr. Angles requested that the applicant come to the next Planning Board meeting to
further discuss issues with the site.
Decisions:
740 Turnpike Street-Site Plan Special Permit
Mr. Nardella suggested that the Building Commission memo and the memo form
Michael D Howard be attached to the decision for reference. Ms. Lescarbeau suggested
that 2b "During contruction, the site must be kept clean and swept regularly."be changed
to 19. Mr. Nardella stated that#7 "In an effort to reduce noise levels, the applicant shall
keep in optimum working order..."be made more specific.
Mr. Rowen motioned to APPROVE the Site Plan Special Permit for 740
Turnpike Street as amended, 2nd by Mr. Nardella, voted 4-0 in favor of the motion.
Riverbend Crossing-Greene Street-Planned Development District Special Permit
Attorney Mark Johnson showed the Planning Board a copy of the restriction of use that
would be within the Master Deed. Mr. Nardella suggested that were it is stated
"intended" should be replaced with "shall". Mr. Nardella also stated that(b) "This
community is intended for occupancy by persons 55 years of age and older" should be
deleted from the restriction. Mr. Nardella instructed Ms. Griffin to add the Restriction of
Use to the decision. Mr. Nardella also requested that a mitigation clause be added to the
decision.
Mr. Nardella motioned to APPROVE the Planned Development District Special
Permit as amended, 2r�d by Mr, Rowen, voted 4-0 in favor of the motion.
Continued Public Hearings:
Delucia Way-Definitive Subdivision
Attorney Johnson stated that at the last Planning Board meeting the Board was concerned
with the Building Commissioners letter regarding the parking of the existing structure.
Attorney Johnson claimed that according to the Zoning Bylaw the use would still be non-
conforming.
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Ms. Lescarbeau questioned that taking land away from the structure would not make the
lot more non-conforming? Attorney Johnson stated that taking land away does not
trigger a change in the conformity according to the Zoning Bylaw.
Mr. Nardella questioned whether sidewalks were to be constructed? Mr. Christiansen
stated yes.
Ms. Lescarbeau suggested that the Planning Board requested that the parking possibly
change while the opportunity presents itself. Mr. Christiansen stated that if the Planning
Board wanted more parking there was the capability to place more parking if that is what
the Planning Board wanted. Ms. Lescarbeau stated that she wasn't sure whether more
parking was needed but wanted the option left open at the moment. Ms. Lescarbeau
stated that she would drive by the site to have a better idea of what could be needed.
Ms. Griffin stated that she had received an email from John Simons requesting that the
hearing be left open until he was present.
Mr. Nardella motioned to CONTINUE the Public Hearing for Delucia Way
Definitive Subdivision, 2"d by Mr. Rowen, voted 4-0 in favor of the motion.
Decision:
1070 Osgood Street-Chao Praya Restaurant-Site Plan Special Permit
Mr. Nardella instructed Ms. Griffin to add under Findings of Facts in the decision that the
basement shall only be used for storage purposes. Ms. Lescarbeau stated that# 3 in
Finding of Facts should only read the first line. Mr. Nardella instructed Ms. Griffin to
specify the reducing of noise levels.
Mr. Nardella motioned to APPROVE the Site Plan Special Permit for 1070
Osgood Street as amended, 2nd by Ms. Lescarbeau, voted 4-0 in favor of the motion.
Continued Public Hearings:
Lot F Flagship Drive-Site Plan Special Permit
Mr. Chris Huntress of Huntress Associates stated that he had provided the Planing Board
with the height, lighting, cross section to residential and industrial. Mr. Huntress stated
that VHB's recent comments show they are satisfied with the plans.
Mr. Mark Gross of MHF Design showed the Planning Board that the tree massing will be
a better buffer to the residential units and a portion of the tree buffer would be to the
industrial abutters also. Mr. Gross also reassured the Board that no HVAC units would
be placed on the roof.
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Mr. Nardella questioned whether cutting and leveling of the site would need to be done?
Mr. Gross stated that the site would need to be brought down to level with the street
grade. Mr. Nardella question how much material would be removed? Mr. Gross said
that it should be about 6-8foot cut.
Mr. Gross stated that the retaining walls in the back would be maintained with the
existing tree buffer. The foundation would be first then grading and paving with the
retaining wall as the high point. Mr, Gross stated that they would be using the best
management practice with haybales, etc.
Mr, Nardella stated that if construction happens in the rain it would be a difficult site to
work with. Mr. Gross stated that three catch basins are proposed with rip rap.
Mr. Nardella instructed Ms. Griffin to look over the old decision and possible incorporate
some of that information into this decision.
Mr. Rowen motioned to CLOSE the Public Hearing for Lot F Flagship Drive Site
Plan Special Permit and instructed Ms. Griffin to draft a decision for the July 10, 2001
meeting, 2"d by Ms. Lescarbeau, voted 4-0 in favor of the motion.
Discussions:
Lot 1 Dale Street-Watershed Special Permit Extension
Mr. Nardella commented from a letter received by the applicant that the letter stated that
substantial work had been done on the site, which should nullify the need for an
extension but the applicant preferred to have on record an extension.
Mr. Rowen motioned to GRANT a one-year extension to Lot 1 Dale Street
Watershed Special Permit to expire on July 14, 2002 with the acknowledgement from the
Planning Board that they believed that substantial work had been done to the site, 2"d by
Ms. Lescarbeau, voted 4-0 in favor of the motion.
Ms. Lescarbeau excused herself from the Planning Board Meeting at 9:30 p.m.
Berrington Estates-Definitive Subdivision
Mr. Rowen motioned to GRANT a one-year extension for Berrington Estates-
Definitive Subdivision to expire on July 14, 2002, 2"d by Mr. Nardella, and voted 3-0 in
favor of the motion.
Continued Public Hearings:
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Red Gate Pasture-Definitive Subdivision Court Remand
Mr. Ben Osgood Jr. informed the Planning Board that an agreement was made between
himself and Jim Rand regarding the stabilization of the slope.
Mr. Rand stated that the trees would clog and a rip rap swale would be on the surface
with a catch basin at the top of the slope.
Mr. Rowen questioned who would do the cleaning and maintaining? Mr. Rand stated
that it would be cleaned and maintained through the standard maintenance policy.
Mr. Rand stated that a blanket of rip rap covered with loon and seed would help hold the
hill and would help prevent the break out of water. Mr. Rand stated that this was an older
method of controlling the weepage but it works sufficiently.
Mr. Rand stated that on the hill something with roots would need to be planted to add
friction to hold the slope.
Mr. Osgood Jr. stated that swales would be at the base and the overflow would be
directed offsite of into the drain. Sub-drains would not be going over the roadway.
Mr. Rowen does not want to see water crossing over driveways. Mr. Rowen suggested
that extra catch basins be placed to prevent water crossing driveways.
Mr. Osgood Jr. stated that the sub-drains would prevent bleed out.
Mr. Angles question the placing of the detention pond out front? Mr. Osgood Jr. stated
that vegetation and meshing would be placed to mask the detention pond.
Mr. Nardella questioned whether something would be placed to prevent debris from the
street from blowing into the detention pond? Mr. Osgood Jr. stated that the different size
planting would be placed in the front to help catch the debris. Mr. Nardella suggested
that Mr. Osgood Jr. work with Ms. Griffin for cover of the detention pond.
Mr. Rowen suggested that the roadway be built more as a driveway so the detention pond
could be made smaller. Mr. Rand stated that was no possible because of the plow trucks
would need a larger roadway to turn around. Mr. Osgood Jr. stated that the proposed
roadway was 24 ft. Mr. Osgood Jr. stated that a waiver will be requested for the sidewalk
requirements. Mr. Nardella stated that a donation would need to be made to the sidewalk
fund if the waiver were granted,
Mr. Steven Cyr an abutter to the development question whether it was common to have
the detention pond higher than the road level? Mr. Rowen stated that yes it has happened
before.
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Mr. Cyr questioned the elevation to his basement? Mr. Osgood Jr. stated that with larger
storms it discharges out. The berm would be designed as a dam being 8 feet wide and 3:1
on the side. No clay barrier will be in place, the design is to recharge.
Mr. Cyr stated that there is a drainage problem in the neighborhood creating swales
would case rapid water movement in the dam. Natural storage will bring the water over
the street. Mr. Cyr stated that he would have his own engineer review the plan but he
didn't see how it could work. Mr. Cyr stated that it may work on paper but when an
actual storm happens he didn't think it would work.
Mr. Osgood Jr. stated that the drainage would work and has at the Abbot Village
Subdivision. Mr. Osgood Jr. stated that the waterquality pond is 2 feet above the water
table for the pond to stay dry and 2 feet of soil will treat the septic. It would then collect
the water then drain out, which would enable it to be mowed like at the Rocky Brook
Subdivision.
Mr. Mekel an abutter to the development questioned whether he would get less water run
off from the hill? Mr. Rand stated that the surface water is to be directed to the ground
and the volume is showing lower except in the 100-year storm.
Mr. Nardella motioned to CLOSE the Public Hearing for Red Gate Pasture
Definitive Subdivision Court Remand and instructed Ms. Griffin to draft a decision for
July 10, 2001, 2nd by Mr. Rowen, and voted 3-0 in favor of the motion.
Discussions:
Pond Street/Bradford Street Informal Discussions ANR Plan
Mr. Robert Griffin of Griffin Engineering Group,LLC informed that Planning Board that
as the plans are laid out at the moment it is 15 lots, which are split into two zoning
districts. The lots proposed on Pond Street are 1 acre and 2 acres on Bradford Street.
Four of the lots are proposed to be pork chop lots. Mr. Griffin stated that special permits
would need to be issued for common driveways and 4 frontage exceptions to lessen the
disturbance of the land, A permit from the state would be required for curb cuts to install
driveways on Pond Street. A portion of the lots is in both North Andover and Boxford.
Both towns require a 100-foot buffer zone. Mr. Griffin stated the grade is showing at a
3:1 through aerial maps. Single-family homes are proposed. Sewer would be along Pond
Street, forced main up Bradford and they would be working with Conservation and Mass
Highway.
Mr. Nardella questioned whether it met the contiguous building area? Mr. Griffin
answered yes. Mr. Nardella whether the placement of the driveway? Mr. Griffin stated
that they would need to disturb the slopes so a special permit would be required and that
the driveway would be 75 feet from the wetlands.
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Mr. Nardella informed Mr. Griffin that a special permit is not granted by right a need has
to be demonstrated to receive a special permit.
Mr. Griffin stated that lots 1-5 are on a sharp curve and some grading will need to be
done for the site. Mr. Griffin stated that there is no way to access some lots from
Boxford.
Mr. Nardella questioned which town the property taxes would be paid to? Mr. Bellimeau
of Town and Country Homes stated that he would look into the tax situation.
Mr. Rand questioned if the proposal was located within the watershed district? Mr.
Griffin answered yes.
Mr. Rand questioned whether the sewerage pumping station would be public or private
and where the service area would be located? Mr. Griffin stated that it would be a public
station located on one of the proposed lots.
Mr. Nardella stated that applying for a definitive subdivision and creating the roadway
might be a better option. Mr. Nardella questioned whether wetlands would need to be
crossed? Mr. Griffin stated no. Ms. Griffin informed Mr. Griffin that crossing wetlands
was one of the reasons why special permits were granted.
Mr. Rowen stated that there can not be more than two contiguous lots created. Mr.
Griffin stated that lot 10 could be extended to the rear to prevent the contiguous lots.
Mr. Nardella stated that whom ever gets the revenue from taxes would supply services to
the lots.
Mr. Rowen suggested that a road be built for access to lots 14, 15, & 17,possibly
something other than a full spec roadway.
Ms. Griffin suggested that the applicant come up through lot 15, make the upper portion
3 lots as a subdivision and sacrifice lot 6.
The Planning Board suggested that the applicant lessen the lot amount to require less
special permits and look into a subdivision instead.
Hawk Ridge-PDR Special Permit-Bond Release
Mr. Nardella motioned to RELEASE all remaining bond money held for Hawk
Ridge PRD Special Permit, 2'd by Mr. Rowen, voted 3-0 in favor of the motion.
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Hawk Ridge-Subdivision-Bond Release
Mr. Nardella motioned to RELEASE all remaining bond money held for Hawk
Ridge-Subdivision, 2nd by Mr. Rowen, voted 3-0 in favor of the motion.
Salem Forest IV-Partial Bond Release
Mr. Nardella motioned to a partial bond release for Salem Forest IV Subdivision
of$50,000.00 leaving a balance of$30,700.00, 2nd by Mr. Rowen, voted 3-0 in favor of
the motion.
The Planning Board endorsed lots 2,3,4,5,6,7,8 for Long Pasture Subdivision.
Mr. Nardella motioned to ADJOURN the Planning Board meeting of June 19,
2001 at 10:55 p.m., 2"d by Mr. Rowen, voted 3-0 in favor of the motion.
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