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HomeMy WebLinkAbout2003-12-16 Planning Board Minutes TOWN OF NORTH ANDOVER PLANNING BOARD Unapproved Minutes December 16,2003 Regular Meeting Members Present: Alberto Angles, Chair, John Simons,Rick Nardella, George White,Vice Chair,James Phinney,Associate Member Members Absent: Felipe Schwarz,Clerk Staff Present: Heidi Griffin,Acting Town Planner,Debbie Wilson,Planning Assistant The Chair called the meeting to order at 7:07pm Endorsement of Plans—0 Stiles Street: Ms. Griffin stated that she reviewed the plans and they are acceptable for endorsement. The board signed the mylars Endorsement of Plans—Carter Crest Ms. Griffin stated that she reviewed the plans and they are acceptable for endorsement. The board signed the mylars. Smolak Farms intent to sell land Tom Zahoruiko addressed the board regarding his intent to purchase the land at Smolak Farms, The Board of Selectmen are requesting input from the Planning Board relative to the Smolak Farms parcel of land that was subject to an agricultural preservation restriction under M.G.L. c. 61A. The Board of Selectmen is entitled to the I"right of refusal to purchase the property when a preservation restriction is being lifted. l do not believe the planning board will have any issues as the parcel in question is the land being developed as the 40B Project entitled"Meetinghouse Commons"with 88 units of townhouse and condominium units. Motion by Nardella that the Planning board recommend to the Selectman that they not avail themselves to purchase the SYnolak Farms land,Meetinghouse Commons relative to a parcel of land that was s"ct to an agricultural preservation restriction under M.G.L. c. 61A second by White Discussion none Motion carries 3-0 Lots A&B Saville Street—Bond Establishment The Department of Public Works has prepared a bond estimate in the amount of$41,750.00 for this roadway. This will include maintenance of sewers,maintenance of water main,maintenance of storm drains,top coat of pavement, sidewalk installation,plantings,bounds,grading and seeding, erosion control, street signs, street conveyance and as-built drawings and guardrails and rip-rap areas. Ms. Griffin stated that this type of bond establishment is not typical and should not be done this way again Motion by Nardella to establish the Saville Street Bond for$41,750,second by White 4-0 Discussion none Motion carries 4-0 Bond Return Request-Delucia Way Ms. Griffin stated that the applicant is requesting both a bond reduction and a release of their site-opening bond in the amount of$5,000. On September 9h$35,170 was released,therefore no additional bond moony can be released. Ms. Griffin recommended a release of the$5,000 site-opening bond after conducting a site inspection. Motion by Nardella to release the 5,000 site opening bond, second by White Discussion none Motion carries 4-0 Bond Return Request-Street Acceptance Leanne Drive Ms. Griffin addressed the board and stated that this project is completed and was approved at Town Meeting. As such, both DPW and Ms. Griffin are requesting a full release of outstanding bond monies. Motion by Nardella to release all bond monies for Leanne Drive second by White Discussion none Motion carries 4-0 Bond return request—Stonewedge Circle,Stonewedge Circle,Berrington Ms. Griffin stated that the applicant is requesting a release of their$15,000 site-opening bond for Stonewedge Circle. They still have a$64,800 surety bond for the subdivision itself. Most of the subdivision has been completed, including top coat, sidewalks,bounds, street trees,grading foaming and seeding, erosion control,guard rails,etc. However,we cannot release the funds in their subdivision account because Condition 10 of the Surety Bond Agreement that Rick Nardella, Town Counsel and myself drafted about 3 years ago will not allow for a subdivision release until the road has received roadway acceptance. Motion by Nardella to release the 10,000& 5,000 site opening bond for Stonewedge Circle second by White Discussion none Simons was not resent Motion carries 3-0 Motion by Nardella that the Dale Street Bond be released on the condition that there is a street opening bond that,is in effect second by White Discussion none Simons returned Motion carries 4-0 Continued Public Hearings 1. 1211 Osgood Street—Site Plan Special Permit Ms. Griffin addressed the board and read the conditions to everyone. The applicant has submitted revised plans that address all of the outstanding issues. The revised plans include plantings in the landscaping island in the parking lot [, a photometric plan denoting lighting has been completed in accordance with our bylaw, snow stockpiling areas are denoted on three locations on the plan, air conditioning units and a gas meter have been placed on the plan and they are located adjacent to the building[sheet 3 of 7]. The applicant has indicated their hours of operation will be from 6 am to 10 p.m. Nardella asked why 6:00am would be needed. Frank addressed the board and indicated that there is the potential for a breakfast place and they would like to open at 6:00am. Phinney asked about the placement of the AC units and Frank presented plans to show the board the location of the units and how they would be located on the side of the building. Four issues remain in VHB's memorandum—Ms. Griffin summarized the outstanding conditions as stated by VHB. 1. Minor plan change should be made on Sheet 3 of 7 to allow for the VB Curb vs, the granite curb/precise cement curb. 2. VI IB recommends as a condition of approval the Proponent must maintain the recharge system in working order in perpetuity or modify the design so that the peak rate of runoff is not increased in the case of a recharge system failure. 3. The Cap should be eliminated on the Grading and Utilities Drawing [minor change to previous plan design accidentally not revised]. 4. VHB recommends the Town condition the approval to have the applicant monitor traffic at the intersection of Barker Street/Route 125 every three months and submit data to the town until the signal is constructed at that location [part of the Forgetta Farm Approval]. Occupancy permits should be withheld to monitor the traffic conditions. Ms. Griffin stated that separate bonds be established so that the traffic issue can be addressed. Nardella and Simons stated that it would not be fair to condition#4 for this applicant since there is already an existing business in place at this location. The potential traffic issue will be dealt with if the site is improved across the street and therefore should not be,attached to this decision. The other board lav members concurred. Motion by Nardella to close the public hearing on 1211. Osgood Street second Phinney Discussion none Motion carries 5-0 Motion by Nardella to approve the site plan special permit for 1211 Osgood Street proposed retail facili • second by Simons 5-0 Discussion none Motion carries 5-0 2. Eaglewood—Site Plan Special Permit Mr. Manzi addressed the board and is hoping to close the public hearing tonight. Ira Beline addressed the board and presented a plan that shows a street layout of the development. The elevations were discussed and plans were presented to show the various elevations of the buildings. Nardella asked to clarify the location of the 12ft fence. Mr. Beline showed the location of the fence on the plans. Nardella asked Ms. Griffin if the building inspector allowed a 12-foot fence. Ms. Griffin stated that the building inspector would allow a 12-foot fence. Phinney asked if there was a lift in the rear of the building. Mr. Beline stated yes. Phinney asked if an alcove could be added to buffer the side of the Royals. Mr. Royal addressed the board and noticed that the plan direction was mislabeled. Angles asked if there were any changes to site elevations and Mr. Beline stated yes. Mr. Beline stated that the board had mentioned breaking up the fagade of the building and he did not feel it was necessary. Nardella asked what agreements have been put in place with the bank. Mr. Manzi stated that a settlement agreement has been reached with the bank and he stated that everything is in place. Phinney addressed the issue of the letter from the bank. Mr. Manzi stated there are no additional issues with the bank and indicated that the settlement had been reached after the letter was distributed to the board. Simons indicated that he was not comfortable with the Staples end of the project. Mr. Beline presented plans and clarified the Staples end to the board. Angles asked if there were any public comments. Melissa from Pulte Hoines asked to see the plans that the board had before them. She stated that an access to the applicants building connecting her project in the rear of the building was not necessary. Simons stated that it would be proactive to have the access in place. Simons would like to find the most reasonable access and add it to the site plans. Ross Hamlin addressed the board and stated that he is not comfortable putting in an access to the site. Simons would like to see an access to the site put in place on paper, but may not make them put it in. Simons would like to see where on the plans it could be located. Simons would like to see a list of retaining walls and where they are located. A brochure was distributed to the board by John Stevenson indicating the material the walls would be made of and he further clarified the location of the retaining walls. Nardella asked about the parking spaces and John Stevenson stated that the parking was all worked out for this project. Simons would like as a condition that there would be enough landscaping on the side of the Royals. Nardella asked about the truck access. John Stevenson stated that there would be a truck access that would flow around the building. Pat Dunford,VHB addressed the board and explained the traffic flow around the building. He stated that all deliveries would be in the rear of the building. Simons asked if there are any outstanding drainage issues. Ms. Griffin stated that there are some minor issues and the applicant indicated that they would address the issues. She stated that she discussed the outstanding traffic issues with Ken Cram and Karl Dubay and feels that the traffic issues have been addressed. Public comment: Mr. Royal addressed the board and stated that be is representing his Mom and still feels that the restaurant is too close to the property line. Ms. Griffin stated that the side of the Royals is not the back of the property and therefore has different set back. Ms. Griffin would like to have positive letters from the abutters to attach to the decision. Motion by Simons to close the public hearing for Ea lewood Site Plan Special Permit second by NardeBa Discussion none Motion carries 5-0 Motion to adjourn by Nardella,second by White at 9:58pm i�?