HomeMy WebLinkAbout2003-07-08 Planning Board Minutes 1 North Andover Planning Board
2 Unapproved Minutes
3 July 8, 2003
4 Regular Meeting
5
6 Members Present: John Simons, Chair; Alberto Angles,Vice Chair,
7 George White,James Phinney, Associate Member,
8 Rick Nardella, Clerk, Felipe Schwarz
9 Staff Present: J.Justin Woods,Planning Director,Debbie Wilson,Planning Assistant
10
11
12 7:05 Chair called the meeting to order
13
14 Discussions:
15
16 Organizational Meeting-Nominations and elections of Chair,Vice Chair and Clerk
17 Simons nominated Angles as Chair, second by Nardella Discussion none Motion carries 4-0 (Angles
18 Abstained). Mr. Angles will assume duties as Chair beginning with the July 22,2003 meeting.
19
20 Nardella nominated White as Vice Chair, Schwarz second Discussion none Motion carries 4-0 (White
21 Abstained). Mr. White will assume duties as Vice Chair beginning with the July 22,2003 meeting
22
23 Angles nominated Schwarz as Clerk; second by Nardella Discussion none Motion carries 4-0 (Schwarz
24 Abstained). Mr. Schwarz will assume duties as Clerk beginning with the July 22, 2003 meeting.
25
26 Approval of the Minutes 5/20/03, 613103, 6/18/03-The 5/20 and 6/3 minutes will be approved at the next
27 meeting since none of the edits were completed. Nardella motion to approve the minutes of June 17"' as
28 amended,second by White Discussion none Motion carries 5-0
29
30 Northeast Storage- Tile Planner reviewed the site and stated Ihat most of the trees and plantings have been
31 done, but he would like to see a little more landscaping and provided a memo to the board regarding
32 suggestions for landscaping and plantings by Attorney Scalise. Attorney Scalise informed the board that he
33 has walked the site with the Planner and the hydro seeding has really taken off. He stated there was all issue
34 with the police and fire for security reasons as to putting trees and shrubs up to the entry way as it may block
35 the access, Nardella stated that the board did not do a very good
_job al the meetings determining where the
36 trees should have been planted. Nardella stated that the trees are in the way of the storage facility and may get
37 hit as customers back up. The Chair stated that the Planner should review the area and the board will rely on
38 his good judgment to see that the minor details of this storage facility are dealt with. Nardella would like to
39 see the trees moved to the other side of the berm and plant the trees against the fence to damper the view.
40 Nardella stated that it appears the applicant has done what was required, but would like Attorney Scalise to
41 work with the Planner to complete the project.
42
43 Chai Restaurant- The Planner addressed the board and stated the area has improved dramatically. He stated
44 that in the decision there is a condition allowing the Planner to require more trees for screening. Nardella
45 stated the site looks 100% better. The Planner stated he requested the planting of two ash trees near the
46 entrance and noted that once the as built is complete and the site is in compliance with the special permit, the
47 applicant can attempt to recover some of the bond money being held for the project. Nardella concurred that
48 the area looked much better and he is satisfied with the way the area looks.
49
50 0 Stiles Street—Form A-The Planner addressed the board and stated that DPW and he both declined to sign
51 the Form U and advised the applicant that he needs to file a Definitive Subdivision to lay Out the way. Mr.
52 Willis is applying for an ANR to avoid subdivision. The Planner has visited the site with Mr. Willis and does
53 believe it satisfies the standards for ANR approval. Tile Planner stated that a subdivision public ll(-.:aring
54 process is the appropriate method for evaluating a proposed construction of a paper street justified as
55 approving the access to the lots in question, but only after the applicant has clearly demonstrated that they have
Unapproved Planning Board Minutes July 8, 2003
Page 3 of 5
1
2 the legal right to build on the paper right of way. The lot is a pre-subdivision control law right-of-way that has
3 not been accepted by the town. The individual property owners who front on the street may have fee
4 ownership to the centerline and a right of passage over the route. The key question is when and if that right of
5 passage extends to the right to develop without the consent of the other "owners" of the right-of-way. Based
6 on the findings in the case Tattan v Kurlan, 32 Mass App Ct 239, the Planner stated the consent of the other
7 owners is required before the Planning Board can approve a plan to develop a paper street. He stated that he
8 drafted a denial for the board. Gene Willis presented the board with plans of the land in question. He is here
9 to request ANR approval of an existing lot that does not have any frontage except on a paper street. He stated
10 that an NOi was done and no abutters showed up. He stated that if Bob Nicetta signs off then DPW would
11 sign off on it and he is here hoping to have the board honor his ANR request and sign off also. He quoted
12 regulation 2.72 waiver and thinks this is grounds to have his ANR approved. He stated his brother would like
13 to move back in to town and he would like to build on this land. He said it is a private way and the Fire
14 Department has already signed the form U. Nardella asked if they were going to further develop the lot for
15 build more homes and the applicant stated not at this time. Nardella asked how wide the entrance way would
16 be. The response by Mr.Willis is that it narrows to 8 feet. The Chair said that there are two issues. One do we
17 set the precedence of the legal ownership of the road? Secondly, it is a subdivision not a form A if it does not
18 conform to width requirements and have frontage. Nardella stated that this needs a proper subdivision road.
19 The Chair stated that there is not a clear right of way. Nardella asked who owns the right of way. Mr.Willis
20 said he is not sure of the right of way of the paper street and did not feel all of these questions were relevant.
21 The Chair stated the board needs to have questions to these issues answered at this time to explain why a Form
22 A could not be approved. Mr. Willis stated that on March 25a' there was a meeting with Community
23 Development and staff should have told him at that time if he could not follow through with a Form A. The
24 Chair stated they have to create a sub-division and it should be followed through the proper way. Nardella
25 stated that he should lay out a fifty-foot right of way and they could waive the actual work required as long as
26 it was layed out. Nardella said it has to conform to width, grade and construction. Tim Willis said that Mass
27 Electric has a deeded easement. The Planner addressed the applicant regarding the easement requirements.
28 Mr.Willis asked if he could do a preliminary subdivision. The chair said that some things could be waived to
29 expedite this application. Mr.Willis asked if he had to place a public notice in the newspaper and the answer
30 was yes by the Chair. The chair suggested that they meet with the Planner and get the advertisement posted
31 right a way. The chair wants the 50ft lay out done and the 20ft area around the driveway shown on the plans.
32 The Chair states that he could bond the driveway to 150ft. Angles asked for clarification of the plans
33 presented to the board regarding the frontage of the land and Mr. Willis went over them with him.
34
35 Angles Motion to deny the Form A as submitted,second by Nardella Discussion none Motion carries 5-0
36
37 Chatham Crossing — The Planner met on site with the Browns and the Attorney. They agreed to plant the
38 trees today, but the landscaper did not show up. DPW requested that a small surface drain on Mrs. Brown's
39 property to help with the drainage issue. The pipe was extending at the request of Mrs. Brown and it went past
40 the lowest area. Mrs. Brown handed the board some pictures. The trees are supposed to be planted tomorrow
41 morning. Mrs. Brown stated that the landscaper has missed two appointments and she is not confident that
42 this will be taken care of. Phinney asked what is left in regards to the site. Nardella asked who would
43 maintain the grate? The chair said the homeowners association would take care of this. Mr.Brown addressed
44 the board and said he has had professionals look at his yard and stated only a french drain will resolve this
45 issue. He stated that this development has injured them and it is the Planning Boards job to protect their home.
46 White asked about the pond. Mrs. Brown said it has been there for five years. Nardella said he has been out
47 there three times and he did not see the water as presented in the pictures presented. Mr.Brown asked that the
48 bond that is being held be used to install a french drain around their house. The Planner stated that the towns
49 engineer said that a small drain and grading in the area would help reduce the surface water problem. The
50 Planner stated that the towns engineer felt the soil quality is not the best for absorbing the water. Dan
51 Koravos from DK Engineering said that there is not much deviation in the grading. Attorney Don Bornstein
52 addressed the board and indicated that if the property owners, the Browns, are not happy they can sue the
53 builder and this can be worked out in court. He cautioned the Board against becoming the arbitrator of this
54 dispute and stated that they believe that they could never make the Browns happy. Bornstein said they almost
55 declined to continue with this until the Planner agreed to mediate this problem. Mr. Brown said that it is the
56 Planning Board's responsibility to protect the abutters. The Chair asked the Browns to allow the board to talk
I `(
Unapproved Planning,Board Minutes
July 8, 2003
Page 3 of 5
f rather than interrupt them so they can discuss their drainage problems arnongs themselves. The Chair asked
2 the Browns to produce the outside technical information that they claim they have. Mrs. Brown said she
the"
have.
3 would provide it to the board. The Chair asked Nardella how he feels about thi and what he thinks should be
j _ jn
4 done? Nardella deferred to the board. White stated this that was causing nega ive impact to the abutters and
5 he stated that an Outside e�Igincer should review this problem to work this matte-out. Angles asked what the
6 capacity of tl 9drainage*44ld-be? Mr.Koravos addressed the board and shove the board how the slopes of
Ahz--pI'jFe�"Tif'6 currently located oil the plans. He statestated
ththere is a I Omillimum Nardella
asked where the drainage area was tied to, It was stated by Mr. K(ravos that it was the catch basin and
9 Nardella asked if lie could look in the catch basin to verify it was not blocked. Phinney asked if the poor soil
10 quality is the reason that it is taking ground water away slower than it should. Mr. Koravos stated that it was a
11 contributing factor, The Chair recommends that the Town Engineer meet with the applicants engineer and the
12 planner with the technical information that Mrs. Brown says she has and defer this until next meeting. Mrs.
13 Brown would like stated for the record that she requests the board should put in to process and access the bond
14 money for use to resolve the Browns water problem.
15
16 Saville Street Subdivision —The Planner stated that the plans, form M and form I look fine, The Planner
17 recommends the board endorsing the plans since the $10,000 site opening and Growth Management form be
18 signed or authorize the Planner to sign. Angles made a motion to sign the plans and authorize the planner
19 to sign the growth management form,second by Schwarz Discussion none Motion carries 5-0
20
21 Peachtree- The Planner addressed the board regarding three requests made by Mr. Laudani. The first request
22 was to ask for a determination as to the town homes adherence to certain aspects of the subdivision decision.
23 Second, to release the Model Home from the covenants and sign the Form U. The third is to change the hours
24 of construction from 8:00arn to 7:00am. The submitted Form I did not include a bond and the Planner stated it t.)a;
1)IZ eta fd7
rim a both The Planner stated that it was his opinion that a bond should be required. The Planner
Tstate drat it opinion that the Form U did not meet the requirements of the decision. The Chair asked if
tate
a
't'
2anything has changed since last meeting. The Planner indicated that he had a recommendation by town council
on the model home issue. Tom Laudani addressed the board regarding his requests. He does not feel he
9 needs to post a bond since the townhomes are on a driveway and not on a public way. The sewer and water
30 will be tied in to the subdivision. He therefore requests a permit to construct the town homes and release a lot
31 for the model home for marketing purposes since he has a considerable investment in this town. The Chair
32 asked Mr. Laudani to please keep his discussion directly related his requests, Mr. Laudani stated that he wants
33 to move forward to construct these structures. He further requests to change the construction time to 7:00am
34 instead of 8:00am because it gets hotter later in the day and he does not know how he missed that in the
35 decision. Mr. Laudani stated that town council made two suggestions and it is his opinion that board can
36 allow him these requests based on Town Council' suggestions, one of which was to continue on as in
37 previously approved model home approvals. Phinney asked what the site-opening bond was used for?
38 Nardella said it is to protect the town frorn a builder going belly up. The chair said the practice of obtaining
39 site opening bond money has been happening for over 12 years. The Planner indicated that there was $30,000
40 posted in bond money. Mr. Laudani stated that the building inspector would be reviewing the construction
41 and if he did not do something right he would hold up the construction, The Chair said that this is the first
42 time we have mixed houses with town homes on the same decision. The chair asked when paving will begin?
43 Phase I will take place in about two months. Limited pavement for the driveway will take place in two weeks,
44 He is going to ask for release from covenants in phases, The Chair asked when the water and sewer would be
45 in? Mr. Laudani said within two to three months. Nardella asked when he would provide as-bUiltS. Mr.
46 Laudani said when he goes for his occupancy permits he would then have to provide them. Schwarz asked
47 about the Form U. The Chair said that the form U is for the building permit for the town homes and model
48 home. The Planner read the decision to the board, which clearly states the town homes are included in the
49 subdivision. The Chair discussed the issue of bonds and the reason the board requires them. Nardella stated
50 that the site-opening bond covers this issue. Mr.Laudani stated he has legal frontage on Chestnut Street and
51 he could have come in for an ANR and just put the driveway in. The Planner said lie reviewed other files and
52 found one case where a developer posted model home bond money and rolled it over to a site-opening bond.
53 The Planner explained that for the Jared Subdivision there was a model home bond posted. Mr. Nardella
54 explained the particular situation concerning Jared Place and the decision to use an initial model home bond to
55 reduce the amount of cash required by the developer on the specific project. The chair stated the risk is with
56 the applicant and that is the best security. Mr. Nardella stated that there are no
Unapproved Planning Board Minutes (,Ovve July 8, 2003
Vk 4 of 5
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2 public issues of safety or loss associated with the model home. All risk is with the developer. Angles said he
is concerned with the water and sewer comiections. Mr. Laudani said they are not being accessed from Rea
Street. Angles stated if the board has done this beft)re he does not have a problem with the way it is being
done now. Angles stated that the issue of mixed use on one decision needs to be clarified for the future. All
other members agreed that the issue of model homes should be tightened LIP in the future decisions. Tom
Zahoruiko addressed the board and be stated that it would make it easier to have model home issues stated in
the decision.
.111,111--111-11" ","'," ----------
10 Nardella motion to sign the Form J and release Lot 29 from the Covenant for the purpose of
11 constructing a model home without meeting all of the requirements of Condition 5 of the Definitive
12 Subdivision decision with the condition that the house will not be issued a certificate of occupancy until
13 the road has been constructed to a minimum of binder coat and the subdivision bond is posted, second
14 by Schwarz Discussion: Angles wants to clarify if the board will require road construction
15 Motion carries 5-0
16
17 Nardella motion to grant a building permit for Lot 29 for the purpose of constructing a model home
18 without meeting all of the requirements of Condition 6 of the Definitive Subdivision decision and direct
19 staff to sign the Form U,second by Angles Discussion none Motion carries 5-0
20
21 Nardella motion to grant a building permit for the townhouse lot with the understanding that the
22 $30,000 site opening bonds will be held until such time that the Board deems that the planning board is
23 satisfied with the townhouse work efforts and directed staff to sign the Form U, second by Schwarz
24Discussion: Schwarz asked for town council to give his opinion. Simons said it has already been given and the
25 Planner has read his recommendation. Motion carries 4-0 Schwarz abstained
26
27 The Planner asked that the Planning Board sign the Form Us in lieu of the Planner signing the forms.
28 Nardella and the chair both reviewed the forms and concluded that the Planner is supposed to sign them and
29 directed him to do so. The Planner refused to sign the Form U's.1 The Board will discuss the issue with the
30 Director of Community Develop in the morning,
32 Schwarz motion to modify the hours of operation from 8 a.m. to 5 p.m.Monday through Saturdav to 7
33 a.m. to 5 p.m., Monday through Fridav and 8 a.m. - 5 p.m. on Saturdays, second by Nardella.
34 Discussion none Motion Carries 5-0.
35
36 Carter Fields - The Planner addressed the board about setting bonds for the fields and stated that he
37 recommends bonding the entire project including the recreational fields. Mr. Zahoruiko addressed the board
38 regarding the fields as part of the Carter Field project. He stated that tire fields would be graded and seeded
39 this fall if he doesn't have to post security for the construction of the fields. He stated that if lie posts these
40 bonds lie would not have the money to complete the fields. Nardella proposed having the bond value include
41 only in the house lots, but not reduce the bond beyond the amounts required to complete the fields until the
42 fields are complete. Mr.Zahoruiko said how about not releasing the bond money until the fields are complete.
43
44 Nardella motion that the bond be set at the 480,866 which cannot be reduced below 117,000 until such
45 time as the recreation fields are deemed completed by DPW and the previous site opening and
46 watershed bond be rolled over to the regular bond.Second�y Schwarz Discussion AMIcs asked how they
47 would reduce the bond money? Nardella said that clause would be that the bond money would never go tinder
48 117,000 until the fields are complete.Motion carries 5-0
49
50 Angles motion to sign the Form J and instruct staff hold such forms until the bond monies are received,
51 second by White Discussion none Motion carries 5-0
Unapproved Planning Board Minutes July 8, 2003
1 ,
Page 5 of 5
2 Jared IV Subdivision Bonds- The Planner addressed the board regarding the bond monies posted and the
3 option of seizing the bond. The Planner asked the board to read the email and punch list from Bob Beshera.
4 Also, the Bond agreement states that the completion date is October 24,1997. The Planner has not been able to
5 track down the developer. The Board suggests contacting Neve Associates who did the engineering work on
6 the site. The Planner stated that he has tried at all of the location he is aware of and further has contacted town
7 council as to the additional process to seize the bonds. Bill and Ron Duffy were present to hear the status of
8 Jared W. Mr.Duffy asked how long the process would be to resolve the catch basin that is caving in the front
9 of their house. Nardella said once the bonds are confiscated the work can be completed, but it may take some
10 time to legally seize the bond. The Chair would like the Planner to work with town council and begin the
11 process to take the bond.
12
13 Eaglewood
14 The Planner addressed the board about some memo's and IinkS he provide to the board to review. Angles stated
15 that it is the board's job to comment on the MEPA process. Nardella asked what MEPA does. Schwarz said
16 their role is to take in all the comment letters and make a MEPA scope, They are required to do an ERI and
17 address all the items requested by MEPA. Angles asked why they are involved and Schwarz said it is traffic
18 and how it is impacted. The Mass Advisory has requested a bus stop at this development. Nardella asked if
19 they could be involved with parking and Schwarz said yes. Schwarz also said that MEPA could be used as a
20 mediator. Simons also indicated that they would have to go for a variance and that might give the Planning
21 Board leverage. Schwarz said that the applicant has to respond to all continents sent to MEPA. The Planner
22 said that there are some things the applicant could do to make this area more pedestrian friendly, The Chair
23 asked if Schwarz would draft a letter and see how he makes out with this. Schwarz has visited the site in
24 Acton, MA and it is similar to the one proposed in North Andover. Schwarz asked if a traffic light was
25 included in this project. The Planner said it was noted in their plans. Schwarz read the Mass Highway
26 proposal and said that lights and maintenance would be included. Northmark bank is in the process of
27 conducting their own traffic study. The Planner stated that the left hand traffic turn needs to be addressed
28 since it may hold up traffic in that area,
29
30 Schwarz presented the plans from the 40B project in Andover Mass. that abuts the Eaglewood project. The
31 board discussed the project and the impact to the new proposed development.
32
33 New Public Hearings
34 Brooks School Site Plan Special Permit— The Planner addressed the board to indicate that the applicant has
9 Y co„ until June 22, 2003
35 requested a continuance until Jul 22 2003. Nardella motion to continue the hearing
36 second by White Discussion none Motion carries 5-0
37
38 Continued Public Hearing
39 500 Great Pond Road, NACC Watershed & Site Plan Special Permits The Planner addressed the board to
40 indicated that the applicant has requested a continuance until July 22, 2003. Nardella motion to continue the
41 hearing until June 22,2003 second by White Discussion none Motion carries 5-0
42
43 Nardella motion to ad'ourn the meeting at 10:10pm second by White Discussion none Motion carries
44 5-0
45
46
47
e
Una provO-?'lanfttrrg- and 1Vlirrute5,.---_.',�� �� ` _ July$,2003
r' �t'age 4 o
1
2 public, issues of safety or loss associated with the model 'home. All risk is with the developer. Angles
4- l l k connections. Mr. Laudant Deleted:said he
3 x iacssarl concerned with 6a rvira saga c caaatc^dc�r�duaa� tiar tiro sire water and sewer Donne � is
said they are not being accessed from Rea Street. r�riptGes attlowawew�ledgcd that tlw p�i,k p,i" ww kh the d(welop�q
5 and deep& lie sloes nw h ave a pirohlon ewkh dlo win the c nstmclion of the townhouses can the prk,alc"_way.
6 Angles stated4tint the board has4-q, „ for r_ _ talo:before and he sloes not have a roblem with eleted:if
7 _.� now. Angles stated that the Issue c P
yt1 t nes :a,�trfl,faer a rtt,oi6epl_liaa�tac ria ¢saal_w VgwP a uareac�cll..
f g >t mixed use ern one decision��ltcaulVld be Deleted done this
clarified for the future, and wording should he w1hil d to- fill isle decisions rvl?e�rI and il`an ,ap�aplic aai wwislic" an
9 c 11
aarE la>t rc Ic;�wc pear sa modcl lass,w, All other members agreed that the issue of model homes should be � at is heiarsdonc
10 tightened up in the future decisions.Tom Zahoruiko addressed the board and lie stated that it would make it Deleted:rniceds�to �
11 per to have model home issues stated in the decision.
13 Nardelfa motion to sign the !arm J and release Lot 29 from the Covenant for the Durpose of
14 constructing a model home without meeting all of the requirements of Condition 5 of the Definitive
15 subdivision decision with the condition that the house will not be issued a certificate of occupancy until
16 the road has been constructed to a minimum of binder coat and the subdivision bond is posted,second
17 by Schwarz Discussion: angles wants to clarify if the board will require road construction
1$ Motion carries 5-0
19
20 Nardella motion to grant a building permit for Lot 29 for the purpose of constructing a model hone
21 without meeting all of the reguirencnts of Condition 6 of the Definitive Subdivision decision and direct
22 staff to sign the Corm U second by Angles Discussion none Motion carries 5-0
23
24 Nardella motion to grant a building permit for the townhouse lot with the understanding that the
25 $30,000 site opening bonds will be held until Stich time that the Board deems that the planning board is
26 satisfied with the townhouse work efforts and directed staff to sign the Corm U, second by Schwarz
27 Discussion: Schwarz asked for town council to give[its opinion,__Simons said it has already beenigiven and the
28 Planner has read his recommendation.Motion carries 4-0 Schwarz abstained
29
30 The Planner asked that the Planning Board sign the form U's in lieu of tire Plattner signing the forms.
31 Nardella and the chair both reviewed the fc>rins and concluded that the Planner is supposed to sign them and
_.
32 directed him to do so. The Planner refused to sign the 1°arnr U's. l lad, l D tita.aCc:._arlL,a°e„lulCnpNy_tarOt tNta_lbp•ons
33 m a`a real t � al thein _ Deleted:The Board will discuss the
_...._.Gp ._.�`-.. ..._..
34 issue with are Director atCamtnunity
modify the hours of operation from 8 a.m.to 5 .m,Monday through Saturday to 7 Develop its site manrutg
35 Schwarz mutton to adv p py i_ v .
36 a.m. to 5 p.m. Monday through Friday and 8 a.m. — 5 p.m. on Saturdays, second by Nardella.
37 Discussion none Motion Carries 5-0.
3$
39 Carter Fields - The Planner addressed the board about setting bonds for the fields and stated that Ire
40 recommends bonding the entire project including the recreational fields. Mr. Zahoruiko addressed the board.
41 regarding the fields as part of the Carter Field project. He stated that the fields would be graded and seeded
42 this fall if he doesn't have to post security for the construction of the fields. He stated that if lie posts these
43 bonds he would not have the money to complete the fields. Nardella proposed having the bond value include
44 only in the house lots,but not reduce the band beyond the amounts require(] to complete the fields until the
45 fields are complete. Mr.Zahoruiko said how about not releasing the bond money until the fields are complete.
46
47 Nardella motion that the bond be set at the 480,866 which cannot be reduced below 117,000 until such
4$ time as the recreation fields are deemed completed by DPW and the previous site opening and
49 watershed bond be rolled over to the regular bond,Second by Schwarz Discussion Ani asked..hpw they
50 would reduce the bond money?-Nardella said that clause would be that the bond money would never co under
51 117,000 until the fields are complete.Motion_carries 5-0
52
53 Angles motion to sign the Form J and instruct staff hold such forms until the bond monies are received,
54 second by White Discussion none Motion carries 5-0