HomeMy WebLinkAbout2003-06-17 Planning Board Minutes 1 � �4
2 TOWN OF NORTH ANDOVER PLANNING BOARD
3 Unapproved Minutes
4 June 17,2003
5 Regular Meeting
6
7 Members Present: John Simons, Chair; Alberto Angles,Vice Chair,
8 Rick Nardella, Clerk; George White,Felipe Schwarz,James Phinney
9 Staff Present: J.Justin Woods,Planning Director,Debbie Wilson,Planning Assistant
10
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11
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12 7:OOPM Meeting called to order by the Chair:
13
14
15 1.) Country Club Estates$5,000
16 Request for release of site opening bond(Marie Walch Loughlin)
17 The Planner addressed the board regarding the release of the site-opening bond in the amount of$5,000
18 on behalf of Ms. Loughlin. Grasso Companies has posted the subdivision bond. The Planner
19 recommend-,release of the site-opening bond. Angles made a motion to release the site-opening
20 bond for$5.000.2"d by White. Discussion none, Motion carries 4-0
21
22 2.)Count Ky Club Estates Bond Reduction
23 The Planner addressed the board regarding the request for Partial bond Reduction(Grasso Companies)
24 The Applicant has submitted an interim as-built plans and requested a partial bond reduction.
25 DPW has reviewed the project, generated a punch list of items remaining, and recommends a
26 release of$38,000 leaving a balance of$48,650. The Planner concurs with this
27 recommendation. The Chair asked how this would sit with Nardella and if the Planner went out
28 to the site. The Planner said that the subdivision regulations allow up to a 50% reduction and
29 that DPW advises that there will be sufficient money in the bond account. The planner has
30 visited the site. The Chair asked the Planner to briefly go over the large dollar items left in the
31 bond accounts. He read the account details to the board. Angles made a motion to release
32 $38,000 leaving a balance of$48,650,2°d by White,Discussion none, Motion carries 4-0
33
34
35 3.)North Andover Business Park Endorsement
36 The applicant has complied with the conditions of the permit related to"Prior to the Endorsement of the
37 Plans,"and the Planner has reviewed the plans for consistency with the approved plans and decisions.
38 Planner recommends endorsement of the plans. The board signed the plans.
39
40 4.)Chatham Crossing
41 The Planner addressed the board regarding Chatham Crossing. The drainage work and tie in are
42 complete. Final grading and landscaping are being worked on. The Planner conducted a site visit and
43 provided a status report. Dan Covage addressed the board regarding the drainage system. Pictures were
44 supplied to the board to show the work that was done. He addressed the no cut zone and indicated that
45 dead trees and brush were cut from the area last year. Nothing was cut this year. Mrs. Brown addressed
46 the board and feels that the landscaping is unsatisfactory. Only three trees were planted behind her home.
47 Mr. Brown said that the area in question is where the lights shine in their home and they need a better
48 buffer, Mrs.Brown indicated that the i
-emaining trees in the no cut zone had their roots hacked off and
49 loom was just dumped on top to cover the roots back up. Per Mrs. Brown,to the right of the Browns and
50 Demers property there are 250 yards were there is no vegetation at all. Mr. Brown feels that the problem
51 has not been taken care of as quickly as possible or thoroughly as possible. Attorney Bornstein feels
52 that there was no requirement for landscaping in the plans. The Chair said that the core problem is the
53 landscaping should just betaken care of
I [Nardella arrived at 7:17PM]
2 Angles stated this is a flagrant disregard for doing the right thing by the abutters and what is our next
3 step? Attorney Bornstein addressed the board regarding the vegetation in the area and he feels that there
4 is proper plantings. He said the applicant planted nine trees. White asked if they have got together with
5 the abutters and work out the deficiencies. The answer was no by Mrs. Brown. Attorney Bornstein only
6 spent 15 minutes in the parking lot. Schwarz asked if the trees could be planted before the next meeting.
7 Nardella said he walked the area and felt there was proper plantings. Mr. Brown said that the only
8 ground cover is what they planted. The Chair asked for the Planers input. He said he would go to the
9 Browns at night and see the head light problem. He said that they could amend the decision to include a
10 privacy screening. The attorney said that he has done everything requested by the plan and he has
11 provided more than what was required. White asked how would he know if he has never met with the
12 abutters. Mr.Demers would like trees planted to block the headlights. The Chair feels that this is willful
13 not to do what is right by the abutters and stop busting everyone's chops. Nardella read the minutes and
14 indicated that more work was supposed to be done. The Chair said the board can go back and amend the
15 decision or the board will take the bond. The Planner said he needs the amendment for the drainage and
16 could open up the decision at the same time. Nardella asked about the trees cut in the no cut zone. The
17 Planner said he verified the no cut zone and you can see a distinct area where it appeared trees once were.
18
19 Nardella would like to make a motion if this issue is not resolved in writing in two weeks that the
20 permit be open again and the decision be amended. Pending town council,2"' by Angles Discussion:
21 Schwarz would like the Planner to contact town counsel. Mrs. Brown suggested a mediator to resolve this
22 problem. The Planner agreed to be a mediator. Motion carries 4.0.
23
24 5.)Jared IV Subdivision
25 The Planner addressed the board about the Sherwood Drive Subdivision. It has not been completed and
26 the open space has not been conveyed. The Planner gave an outline of recent years' correspondence sent
27 to Mr. Janis and his inactivity and/or responses to these events. The purpose of this to discuss potentially
28 revoking bond monies. The Chair asked how much of a bond was left in the property. The Planner
29 indicated the file shows$20,000. The Planner discussed the open space issue and feels it is separate from
30 the road issue. The Chair asked if there was paperwork related to the open space. There is more
31 construction and Schwarz said that it is the opening for the pipeline. The sidewalk needs to be completed.
32 Elsie Pouliot is an abutter and is on the open space committee. She said it has been over 10 years since
33 this project began. The Planner will get an estimate from Jack at DPW as far as a cost to repair the site.
34 The Chair asked if the$20,000 would be enough to cover the repairs. Nardella asked who owns the
35 street. Ms.Pouliot said there was a letter from 2002 from the town manager and she thinks the original
36 builder owns the street and indicated that Bill Barrett completed the remaining houses. The Planner is
37 still trying to locate full sets of the plans. Heidi Griffin said that she helped the Planner search for the
38 plans also and could not locate them. The Planner will further research the bond paperwork. Ms.Pouliot
39 gave the Planner the address of the original builder. Steve Manning addressed the board and felt the
40 open space meeting should be"driven"better if it was watched properly. The Chair would like this
41 deferred to the next planning board meeting, July 8'h.
42
43 6.)Model Homes--The Chair would like to focus on the facts not opinions. Schwarz asked if there was
44 anything in writing to review regarding model homes.Nardella asked Heidi Griffin if Laudani called the
45 Planning Office. The answer was yes. Mr. Laudani called the Planner to get a one lot released and get a
46 building permit for a model home. The Planner indicated that prior to a lot release the decision did not
47 indicate there was any mention of a lot release for a model home. The Planner said that you could make
48 an amendment to the decision and town counsel said that that was the best recommendation. This could
49 be done by a vote. The Chair said the request does not meet the decision but the board can amend the
50 decision or have the builder meet the conditions. Nardella said Laudani called him about this issue and
51 would like a lot released to build a model home. The Chair asked if Heidi Griffin could recall other
52 developments that had lots released for mode homes. She indicated Forest View, Cobblestone,
53 Marbleridge,Foxwoods were previously done, but the entire appropriate document needed to be done
54 first. The Chair said the roadway bond gets posted first prior to any work being done. Heidi Griffin said
I in the past the building commissioner placed restrictions so that the developer you could not transfer or
2 sell the home until the work is complete. White asked if hey would designate a certain home as a model.
3 Nardella said that this should be included in the decision. Schwarz said the developer was just here three
4 months ago and why did he not mention it then. The Planner does not feel a model home permit should be
5 issued from feedback he has received from his peers. The binder coat needs to be done etc and there are
6 safety issues involved. Nardella said he disagrees with everything the Planner stated. Nardella feels the
7 risk falls on the developer. In every instance the model home was the first home in the development.
8 Nardella said the Planners comments are"specious". In the case of Peachtree a developer worked with
9 the Planning Board to produce a subdivision that was subject to growth management as opposed to a 40B.
10 Nardella said that Mr. Zahoruiko comes in trying to do the right things, and that he also builds a model
11 home just as many others have in the past. Schwarz would like to see something in writing. The Chair
12 said he would just come in and carve off a Form A if we do not comply with his request. If he comes in
13 with the proper paperwork he should be given the model home permit. Heidi asked The Planner what the
14 conversation was between he and Mr. Laudani. The Planner said that Mr. Laudani called late on a Friday
15 afternoon just after the office had closed and was looking for a building permit to construct a model
16 home. The Planner opened up the decision and read the information to him. Nardella stated that we
17 should let him build his model home even if the decision did not indicate one. This process has been
18 followed over the last 10 or more years. Angles said that is what the Planner had to go on. The Chair
19 feels that Mr. Laudani should come before the board and have it put in writing. White stated that he
20 agrees. Simons feel that good staff work highlighted the issue. Heidi Griffin said that anyone wanting to
21 be put on an agenda should be as long as they put their request in wring. She said it is their right to be
22 placed on the agenda if they disagree with staff as long as they request it in writing, as they need to know
23 they have an avenue to discuss their issue similar to other land use boards in town [i.e. conservation,
24 zoning, health, etc.] White said that he does not understand why Laudani did not come foreword in the
25 correct way. Phinney agreed that the applicant should have gone through the proper channels. Schwarz
26 feels that they should put items in writing and give proper time not just Monday night prior to the
27 meeting. The Chair said that Laudani called him and he did not return his calls.
28
29 The Chair said if Mr. Laudani would like to request a model home lot release he needs to put his request
30 in writing and request to be placed on the next planning board agenda. Brian Darcy of Northpoint
31 Development was in the audience and said he would relay the message to Mr. Laudani.
32
33 7.)Eaglewood Project
34 The Planner indicated he sent out a memo earlier in the week describing the possibility of mixed use. The
35 Chair suggested discussing some of the points and seeing if there is consensus on the board for any of the
36 issues raised. The Chair feels that the issues should be put on the table so that issues can be discussed
37 prior to the applicant coming before the board. The Planner addressed the board about the memo that was
38 distributed. The Chair said ideas would help with the abutters in the area. The Chair said that the master
39 plan could be taken two ways. The planner read some information to the board. Nardella said he had a
40 brief discussion with the Planner and he felt that the master plan was not speaking from Burger King to
41 the Chicken place. The Planner said he spoke with the Andover Planner and she felt that the path could
42 be continued to the YWCA. The Planner felt it would be a nice area for mixed use. The Chair asked if
43 there were any examples where this was done in this area. White suggested that the Planner check out
44 Mashpce Commons. The Chair would like to see a model that was done closer than Florida. The Planner
45 feels that there is a housing shortage in Massachusetts and this would create diversity in this area. The
46 Chair would like the Planner to locate more models. Schwarz asked about what leverage we have to get
47 the applicant to consider the mix use idea. The Chair said that the applicant is about 99%sure he will not
48 change his mind. Schwarz would like to see the development more user friendly with parking not in front
49 of the building. Nardella stated that retail developers would not build anything with parking in the back.
50 Nardella also stated that he would like to see the roofline broken up more. The Planner said that it would
51 be nice to have a landscape island in the middle. Phinney said that if the building was rotated to bring the
52 entire area together. Nardella said you would not want to position the building so that any are can be seen
53 from the back. White said we need to get creative with this plan. Nardella feels nobody in retail would
54 want to be put parking in the back of a building. Nardella said they rezoned 114 fifteen years ago to
1 Village Commercial and nobody did anything with it. The Chair said to make a list of things to discuss
2 with the builder. The Planner would like to enhance the design ideas from what the builder already has.
3 The Chair said the applicant strikes him as someone who is comfortable into what he knows, but they
4 maybe able to make some suggestions.Nardella asked what the height restrictions and the Planner
5 indicated 45ft. The Planner will give the board some additional information from the TRC meeting.
6 The Chair addressed the proposed Staples building and the "box"appearance. Phinney asked when they
7 can make some design suggestions. The Chair said prior to his plans being complete. Nardella used
8 Brooks as an example of a better design. The Planner said the design engineer is receptive but ultimately
9 Ross writes the checks. He said we should keep the town manager in the loop. Schwarz asked about the
10 detention pond and the applicant said it meets the requirements and they could make it work. The parking
11 lot area would have to be graded. Heidi Griffin suggested that DPW might require the detention pond be
12 above the ground for maintenance reasons. Angles would like to see where the 40b sits. He was also
13 concerned about the area of the restaurant. White suggested that the Staples and Restaurant be switched
14 around.Nardella asked about the grade of the land. Heidi Griffin said that Pulte was lower and there was
15 a slope in this area. The Chair feels that there needs to be a provision for people to walk in the area.
16 Nardella asked how many employees would be in this development. Heidi Griffm said less than 100
17 employees. She indicated they would indicate an area for employee parking. The Planner said that
18 possibly leaving room for living space above the stores might be an option. Simons would like things
19 provided in a list form for the Planning Board to review. White said that we are a planning board and he
20 would like to "plant seeds for the future". Angles does not want to shy a way from the mixed-use
21 concept. Nardella asked why they would want it. Phinney said that it provides additional housing.
22 Angles said that Minicucci offered a different use and this idea could be a creative concept. The Chair
23 said it used to be done many years ago and we have got away from it. Heidi Griffin said that the good
24 thing about the memo is that it gets people thinking, but it was just timing of the application and the fact
25 that it was rezoned at town meeting based on a specific proposal that prohibits incorporations some of the
26 idea's. Ms. Griffin stated that mixed-use development would be a great planning tool to use for the
27 downtown area of North Andover, and that she and Mr. Woods will be working on drafting inclusionary
28 bylaw as part of the long-range housing goals of the town. The Chair feels that if you push the mixed use
29 to hard he may turn off his thinking about other ideas. The Chair would like the Planner to make4-li
30 construct a memo for the board and the town manger to review. Heidi stated t thehas control
31 over the site plan itself and she feels he may be rete tiy_eJo_reasmWb1Ffdeas for the site plan itself, such
32 as reconfiguring the layout of t 4fiigr660guration of parking as those are site plan issues.
33 Nardella said New England Development and hem he is comfortable
34 with a project like this. Schwarz asked about the traffic and how it bottle necks heading toward Lawrence
35 and does the board have any control in the area. The Chair said that it is too far from the site. AnglesG.
36 said they couldn't grant the curb cuts unless they widen the road. The Planner asked that the board
37 forward notes to him so he can incorporate them in to his memo.
38
39 Ms. Griffin asked if Mr. Woods submitted to the Planning Board the revised memorandum requested
40 earlier in the day on this project. Mr. Woods replied that he did not; he has an outline drafted in his
41 vehicle that he inadvertently forgot to bring to the meeting.
42
43 Continued Public Hearings:
44
45 8.)500 Great Pond Road,North Andover Country Club Watershed & Site Plan Special Permits
46
47 Tam Childs representing NACC addressed the board. Firstly they would like to build a lean two shed,
48 secondly, install on the premises a building to store pesticides,the third part install a bathroom in the
49 corner of the garage. He feels that all of the issues have been complied with. John Bresnahan is here
50 representing the NACC. The survey site plans are in their packets.Nardella asked where the 100ft buffer
51 was located. The shed is in both 100ft buffers. The Planner said he has met with the applicant and Julie
52 from conversation and many improvements have been made. The Planner read the federal and state
53 guidelines to the board. Nardella asked what this all means. Bresnahan said they floor is all steel with
54 locking doors with a 3-ft gravel pad. Heidi Griffin suggested that the fire prevention person be involved.
� o
I Nardella wants to know if it is self-contained. Angles would like to see more paperwork, The applicant
2 is currently before conservation at the same time as planning. The Planner indicated that Sections
3 4.136a,iii.21 would need a waiver since storage is not allowed in the area now. The applicants have
4 agreed to go for a certification from the Audubon for a green golf course. Angles asked how they came
5 up with the location of the storage shed. The applicant said it was the best location for all of the needs.
6 Integrated Pest Management Plan booklet was distributed to the board members.Nardella asked about the
7 chemicals that are being used to manage the golf course. Bresnahan said the chemicals are incorporated
8 in to one book. Heidi Griffin asked who reviewed this booklet and the Planner said conservation and
9 planning. The Chair asked about open issues with VHB. Angles asked why they picked this location and
10 it was stated that it was addressed with VHB since they also asked the question. The Planner said the
11 applicant needs to request two waivers. Nardella asked about the machines with the sprayers and how
12 they manage and dump the pesticide equipment. Bresnahan said you never dump it in to the woods and it
13 produces a diluted project. Schwarz asked about the shed and the area along the stonewall. The
14 applicant is trying to keep it away from the fairway and propane tanks. Angles asked about the lines and
15 the Planer said he wanted it on the plans to show the buffer. Mrs.Phink asked how long before it rusts
17 to continue the public hearin s until Jul8th 2°d b Schwarz Discussion none Motion car "es tion
16 away? The applicant will et back to the board on the longevity of the building. Angles made a _
y Pp g g ty g r�
5-0
18
19 9.)Approval of the Minutes 5/20&6103—Nardella did not feel the minutes adequately reflected what
20 he said and would like the planning department to review them. The Chair would like the minutes edited
21 and they will vote next time. The Planner requested that each board member send their proposed changes
22 to him so he can revise the minutes accordingly.
23
24 10.)Adjournment
25 Motion to ad"ourn by White 2" b-Y Schwarz at 9:55pm Discussion none Motion carries 5-0