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HomeMy WebLinkAbout2001-09-18 Planning Board Minutes Planning Board Meeting September 18, 2001 Members Present: John Simons, Chairman Alberto Angles, Vice Chairman (7:30-7:40) Richard Nardella, Clerk Richard Rowen Felipe Schwarz, Associate Member Staff Present: Heidi Griffin, Planning Director Jacki Byerley, Planning Assistant The Planning Board Meeting of September 18, 2001 was called to order at 7:15 p.m. Discussions: Celtic Way-Informal Discussion Mr. Phil Christiansen of Christiansen & Sergi stated that the owner of the property located on the corner of Rea Street & Chestnut Street had previously come before the Planning Board with a preliminary subdivision. Mr. Rea was looking into alternative plans to build on the site. The lots showing frontage on Chestnut Street were previously divided by an ANR plan. Mr. Christiansen informed the Planning Board that two alternatives have been formed. The first being 22 lots which includes the existing dwelling on Lot 20. The second alternative included 38 lots with two roadways. Mr. Christiansen indicated to the Board that Mr. Rea would prefer to develop the 22 lots. By applying for the lesser lots the applicant would require a waiver for the length of the street and frontage exception special permits for two of the lots. Mr. Nardella stated that be would like to see the lots reconfigured so that frontage exception special permits would not be required. Mr. Rowen stated that normally the board would say lesser is better but with the lesser lots a through road would not be created. Mr. Rowen felt that a through road with more lots might be the better of the two. Mr. Christiansen stated that Mr. Rea felt that he was crowding the wetlands with the 38 lots that is why he carne up with the alternative. Mr. Simons stated that he was concerned with the slope on the proposed lots 5 & 6. Mr. Simons would like to see the topography and would hope that the developer would show a rational design to the lots. Mr. Nardella informed the engineer to not include the ANR lot just what would be part of the subdivision on the plan. 1 �r� Decision: Turnpike Street lot 4N-Merrimack Building-Site Plan Special Permit Mr. Simons asked the board whether they had any comments on the drafted decision. Ms. Griffin stated that she had revised condition 14 to have signs approved by the Building Department. Mr. Simons wanted to ensure that a provision was placed in the conditions regarding the final plans submitted to the building department were the plans approved by the PIanning Board. Ms. Griffin stated that she signs off on the Form U and matches the plans to the approved set. Mr. Rowen suggested that on 5d to reiterate that this would be prior to occupancy and add authorized agent. Under prior to construction add that a schedule must be submitted. In the first paragraph replace "including" with "in addition to" Mr. Nardella motioned to APPROVE the Site Plan Special Permit for Turnpike Street lot 4N-Merrimack Building as amended, 2"d by Mr. Rowen, voted 4-0 in favor of the motion. Discussions: Heritage Estates-Bond Release_Update Mr. Kindred stated that he as the developer of Heritage Estates was requesting a reduction from his bond. Mr. Kindred was requested to come before the board to explain some issues with the retaining walls. Mr. Kindred stated that 50% of the subdivision was complete with 7 of the 11 lots sold. The shoulders have been graded and landscaped. There is finished grading and the vegetation is growing. Lots 7 & S are the last lots on the slope site. Mr. Rowen stated that he had driven on the site and had witnessed water or what looked like seepage coming through one of the retaining walls. Mr. Kindred stated that what appeared to be seepage was actually the result of the sprinkler systems. Mr. Kelloway, the subcontractor for the property, stated that he would meet Mr. Rowen on site. Mr. Rowen wanted to know what the cut and fill balance was on the front of the property? Mr. Kelloway stated that the center was 2 feet above elevation; there was no cut at the front. 2 10 Mr. Kelloway went on to say that two 6" drainpipes going to the catch basins were installed at the back of the property. These pipes are covered by a foot of stone, septic sand or bank rain gravel with finger drains installed. Mr. Kelloway stated that in the morning water coming down the street from side yards with the soil being hard the sprinkler water runs down the street. Mr. Nardella stated that this would case icing in the winter. Mr. Kindred stated that there was a grading problem at the shoulder but they would be re-grading. Mr. Kindred stated that the filter fabric was clogging at the storm drains but they will keep an eye it. Mr. Simons requested that they landscape the detention pond. Mr. Kindred stated that the detention pond was located on a sold lot but he would speak with the homeowner about landscaping. Berrington._Estates Mr. Jay Willis, attorney for North Andover Realty Corp, informed the Planning Board that his client had purchase the definitive subdivision. Presently, the approved four lot Planning Board subdivision modification was in litigation. Mr. Willis stated that the modification is not the legal decision because it is under litigation, and has never been recorded at the Registry of Deeds. Mr. Willis went on to say that the former developer applied for the modification because he wanted to use one of the lots as his own home, but neither the definitive subdivision plan or the subdivision modification plan were impacting the community. The zoning has not changed on the property. Mr. Willis requested that the Planning Board allow North Andover Realty Corp to build the definitive subdivision because it was the only plan recorded. Mr. Rowen stated that the parcel of land approved originally is larger than the parcel purchased by North Andover Realty Corp. Mr. Willis stated that the developer is aware of the ANR plan and what land is required to be deeded. Mr. Willis stated that by the Planning Board approving the modification it did not negate the approval of the definitive. Mr. Willis stated no harm would come to the community with either one of the approvals. Ms. Griffin questioned Mr. Willis whether his client was aware of the approved modification when he purchased the definitive subdivision. Mr. Carroll, owner, stated that he had spoken with Ms. Griffin and was informed of the modification subsequently approved by the Planning Board. Mr. Carroll stated that he paid 2.1 million for the property and to sell the homes if he could only build three lots would be impossible to sell. Foxwood-Update by Town Planner. Ms. Griffin stated that she had gone on site with Tim McIntosh of VHB, Tim Willett of DPW, Mike O'Neill, engineer for the developer and Ed Cardoza, resident of Foxwood 3 and they came to an agreement with the drainage and the traffic island. The swale will be extended to before the property on lot 7. At the traffic island two rumble strips will be placed. Ms. Griffin stated that the changes agreed on site need to be reflected on the plans and approved by VHB before any work could commence. Ms. Griffin stated that the sink holes in the street were briefly discussed but they go through private property so an easement would be required to fix them. The ponding in the wintertime in the road was discussed and the solution was to extend the swale with cross infiltration and tree removal to create the swale. Ms. Griffin informed the Planning Board that Mike Phillips is not the developer of this project, Stan Davis is. However, Mr. Phillips is acting as the agent for the developer. Mr. Simons stated that he wanted to see progress made, then a discussion can take place with the release of bond money. Mr. Simons wanted to see work progress and make sure the town would have enough money left over to finish work if the developer should stop. Rosemeadow Subdivision-Bond Release Mr. Nardella motioned to RELEASE all remaining funds from Rosemeadow Subdivision, 2"d by Mr. Rowen,voted 4-0 in favor of the motion. Mr. Nardella motioned to RELEASE all remaining funds from the Watershed Special Permit held for Anne Messina, 2"d by Mr. Rowen, voted 4-0 in favor of the motion. Mr. Nardella motioned to convene into Executive Session, 2"d by Mr. Rowen, voted 4-0 in favor of the motion. Public Hearings: AT&T-Stevens Estate-Wireless Facility Mr. Nardella motioned to CONTINUE the Public Hearing for AT&T-Stevens Estate-Wireless Facility, 2"d by Mr. Rowen, voted 4-0 in favor of the motion. Sprint PCS-Stevens Estate-Wireless Facility Mr. Nardella motioned to CONTINUE the Public Hearing for Sprint PCS-- Stevens Estate--Wireless Facility, 2"d by Mr. Rowen, voted 4-0 in favor of the motion. 4 lq Lawrence Industrial Airport-Industrial Subdivision Mr. Nardella motioned to CONTINUE the Public Hearing for Lawrence Industrial Airport-Industrial Subdivision, 211d by Mr. Rowen, voted 4-0 in favor of the motion. Continued Public Hearings: Boston Hill Condominiums-Site Plan Special Permit Mr. Nardella motioned to CONTINUE the Public Hearing for Boston Hill Condominiums-Site Plan Special Permit, 2' by Mr. Rowen, voted 4-0 in favor of the motion. 65 Flagship Drive-Site Plan Special Permit Mr. Nardella motioned to CONTINUE the Public Hearing for 65 Flagship Drive- Site Plan Special Permit, 2nd by Mr. Rowen, voted 4-0 in favor of the motion. Mr. Nardella motioned to ADJOURN the Planning Board meeting of September 18, 2001, 2 nd by Mr. Rowen, voted 4-0 in favor of the motion. 5 /J�