HomeMy WebLinkAbout2004-04-06 Planning Board Minutes North Andover Planning Board
Unapproved Minutes
April 6, 2004
Regular Meeting
Members Present: Alberto Angles, Chair, George White,Vice Chair,John Simons
James Phinney,Associate Member, Felipe Schwarz, Clerk
Rick Nardella
Staff Present: Julie Parrino, Town Planner, Debbie Wilson,Planning Assistant
The Chair called the meeting to order at 7:02PM
Informal Discussions:
Endorsement of MacLeod Hanger Mylar
The Planner explained the mylars to the board and the board members endorsed them.
Roadway Acquisitions: Jack Sullivan from DPW addressed and stated he would like a favorable motion
for the following streets: Coachman's Lane, Concord Street,Easy Street, Highland View Avenue,
Morningside Lane, Russet Lane. He stated that he wishes to take these roads my eminent domain and
present these roads at town meeting. He stated the taking of these streets are just the start of this project.
Angles asked why these streets were selected. Sullivan stated that after reviewing all of the streets these
were the ones that DPW felt they could repair. Simons stated that some of these streets should have been
bonded so that it did not incur a cost to the town. Mr. Sullivan stated that these are old non-bonded
streets. Simons made a motion for favorable acquisition of Coachman's Lane, Concord Street,Easy
Street,Highland hland View Ave., Morningside Lane and Russet Lane,second by White.Discussion: none
Motion carries 4-0
The Planner stated she and DPW have been working with the developers to address any outstanding
issues on each of the roadways. DPW has primarily been responsible for the Foxwood acquisition and
roadway and drainage improvements. The Planner stated that Campbell Forest issues have been resolved
with minor improvements to be conducted prior to Town Meeting including minor roadway and shoulder
improvements in addition to securing the weirs within the culverts. Planting of 14 trees must be
conducted at Country Club Circle. Money should be held in retainer for the trees over the next year.
Weyland Circle/Foxwood—Mr. Sullivan stated that the town is looking to proceed with the street
acceptance. There is approximately $50,000 left in this account after the road has been taken care of. Mr.
Sullivan stated the streetlights and the drainage problems have been taken care of. Nardella stated that left
over money should be put in the general fund. Simons makes a motion for Street Acceptance of
Weyland Circle and Foxwood Drive,second by White Discussion none Motion carries 5-0 . _
Avery Park Drive/Webster Woods Lane—The Planner stated that looming and seeding needs to done
to repair the area from the snow plowing this year. Nardella stated that if the road were not complete he
would rather not vote until it is complete. Mr. Sullivan stated that the weather was a factor in regards to
having this complete prior to this meeting. Mr. Russell addressed the board and presented pictures to
show the status and stated that the street work will be done shortly. The Chair stated this should be held
over until the April 201"Planning Board Meeting. He stated if the work were completed he would
see that word got to the Selectman's meeting to let them know since they are also meeting on the
same night.
Country Club Circle---Mr, Sullivan stated that the developer will be planting trees prior to April 201h
and feels everything else at this development has been done. The Chair stated he would like to see that the
Y
trees are planted prior to the April 20"`meeting. The Chair stated this should be held over to the April
201"meeting. He stated if the work were completed he would see that word got to the Selectman's
meeting to let them know since they are also meeting on the same night.
73 Main Street:
The Planner stated that this applicant has decided not to come before the board tonight. Applicant was
seeking to open an ice cream stand business on the property, which was previously an appliance repair
shop.
Site Plan Review Waiver
56-58 Water Street `
The Planner stated that the applicants arc proposing a small eating establishment modeled as a"tea room"
serving teas, small sandwiches and pastries. Small gift items will also be sold. Approximately 8 tables,
serving 2 people each will be in the storefront of the business. The business was formerly "Rosic's Cakes
and more". The back of the business will be used as a kitchen and limited private function area, to host
small birthday and tea parties, bridal showers, etc. This area was currently used as office space. Hours
will be 11:30 am to 5:00 pm, five days per week and will be open on Saturday and Sunday. The
applicant, Dianne O'Brien stated St. Michaels has no objection to the business using the church parking
lot. Nardella would like to see a letter from the church in regards to the parking. White asked if there
would be major renovations to the building. Ms. O'Brien stated that there would only be minor
renovations. She stated that she discussed this with the fire department and they did not see a problem.
Nardella would like a letter from the building inspector in regards to the parking. Ms. O'Brian stated that
her interpretation of the bylaw indicated this type of change would be acceptable for this area. Nardella
stated he would still like to see a letter from the building department in regards to the parking. Motion by
Nardella to waive site plan review for 56-58 Water Street contingent upon a letter from the buildin
department authorizin the parking for the business second by Schwarz. Discussion: none Motion
carries 5-0
Town Meeting Article Discussion updates by the Planner
The Planner briefly discussed the articles and stated this is scheduled for the April 20`'`Planning Board
Meeting.
• Residential Adaptive Re-Use Special Permit-
• Phased Development Bylaw—Nardella stated he will work on this
• Removal of Growth Management
• Flood Plain District
• R-4 Zoning Amendment for 2 Family Dwellings-Nardella stated he will work on this.
• Definition article
• Section 9 amendments
• PCDD-The Planner gave the board changes on the PCDD
• Rezoning of Waverly Road/Route 114 to GB
• Rezoning of Waverly Road/Route 1.14 to PCDD
• Amendments to section 8.8
• Rezoning of 1060 Turnpike Street
• Planning Board study-
Continued Public Hearings:
1789 Great Pond Road
The Planner stated that this has been continued to the May 3'd Planning Board Meeting. The 3
3
Planner stated that the Planning Department has not yet received revised plans as of April 2,
2004.
CVS - Site Plan Special Permit
Mr. Manzi addressed the board and stated that the applicant has met all of requirements from
the board. The Planner stated revised plans dated March 24, 2004 have been submitted to the
Planning Department. A copy of the Mass Highway Permit application has been submitted and a
minor change to the roadway width in front the Peters Street entrance was submitted on a revised
plan. Conditions regarding signage and casements from the church should be included in the
decision. VHB has no further comment. Schwarz asked Mr. Taylor from VHB to explain the
landscape plan to the board. Schwarz asked how the height of the trees are measured, are the
measured from the base of the bulb? Mr. Taylor explained that he was not the landscape
engineer and presented the plans to Schwarz for clarification. Schwarz would like to see the
height of the plantings on the plans. Simons stated we could close the public hearing and request
the tree heights be noted on the plans. Simons would like to have ample time to review the
decision before he votes. The Planner asked Mr. Manzi if he has obtained information regarding
maintenance of the sidewalks. Mr. Manzi stated that he would grant an easement to access the
sidewalks as a public access/easement. The decision was discussed with the board members.
Nardella made a motion to close the public he ring for CVS• second b Phinne_y, Discussion
none Motion carries 6-0
New Public Hearings
a
121 Carter Field Road-Watershed Special Permit
The Planner stated the applicant submitted a Watershed Special Permit for construction of an
inground pool in the Non-Discharge Zone. This home was previously approved under a
Watershed Special Permit and PRD. The Planner stated that the house is complete and the pool
will be located within previously permitted cleared areas. The Planner stated the French-drain
system would be installed along the edge of the pool patio to provide for infiltration. The review
by VHB was waived on the basis that the plans are stamped by an engineer, drainage
calculations and drainage mitigation be designed by an engineer. The Planner stated the pool
filter information was received by the Planning Department today. Mr. Zahoruiko explained the
filter system to the board. Nardella asked where the back- wash goes. Mr. Zahoruiko stated
that the back- wash water is recycled back into the pool and the solids go into a separation tank .
Mr. Zahoruiko stated all the lot grading and alterations have been done. The Chair instructed
the Planner to draft a decision for the next meeting. Motion by Schwarz to close the Public
hearing for 121 Carter Field Road, Watershed Special Permit,second by Simons.
Discussion none Motion carries 5-0 E
i
54 Spring Hill Road-Frontage Exception Special Permit
Mr. Christian addressed the board regarding 54 Spring Hill Road. He stated the applicant wants
to create three lots by obtaining a Frontage Exception Special Permit. He stated that if he
improved Molly Town Road he could build 5 homes, but his intention is to just build two homes
and add some land to the Gillian's lot. Nardella stated that something would have to be added to
the decision so that lot three could not be built further out. Nardella stated that it is highly likely
that someone will build out Molly Town Road and he wants to be sure he knows what the
applicant is building. Mr. Gillian addressed the board and stated he wants to keep the land as
stated on the plans, but does not want a restriction on his lot. The Planner stated the proposed
lots would include two with frontage on Summer Street and one with frontage on Spring Hill
Road. Mr. Benuncisa addressed the board and stated he supports the applicant. Tom Cargell
asked about the easement that goes across the lot. Mr. Christianson showed the board where
the easement is located on the plans. Suzanne Joslow addressed the board and asked if the
owner on lot 2 could put up a fence. Mr. Schwarz stated that the Planning Board does not
regulate fences. Nardella stated that the reason for this special permit is to issue their decision
under special circumstances. Nardella would like to see this decision conditioned top revent
additional building on lot 3. Simons stated that it may be better to have something such as this
where by Lot 3 may not be built upon for five plus years. Simons would like to see the frontage
staked on Summer Street and rear property corners staked on Molly Towne Road. Mr.
Christianson stated he would come back to the next meeting with a build-out plan for Lot 3.
Nardella asked if the applicant intended to create easements on lot 2 or lot 3. Mr. Christianson
stated no. Angles requested that the applicant put stakes on Summer Street and Molly Town
Road for the board to review by the next Planning Board Meeting. The Chair stated this has
been continued to the April 20t" Planning Board meeting.
Old Salem Village--Preliminary Subdivision
The Planner stated this must be acted upon 45 days from filing which was March 4,therefore
approval with conditions or denial must be rendered by April 14,2004
The Planner addressed the board and stated the applicant has submitted a preliminary plan
displaying a cul-de-sac roadway and proposed location for storm water BMP's on an
undeveloped parcel of land containing two lots located in the Village Residential District. The
proposed plan did not display the future development of the lot. Upon meeting with the
applicant, he presented a plan for a 53-condominium unit complex. Permitting of the
development will be according to the requirements of Section 8.5 (PRD) and will be approved
under a Site Plan Review Special Permit. Angles asked if the applicant presented a complete
application. The Planner stated that a detailed drainage was not included as part of the
application for this site. She stated the board should review the VHB comments. Howard
Speicher introduced himself to the board and stated a separate site plan review would be
presented to the board for a multi family development. The actual development would be 53
units. Chris Huntress addressed the board and presented plans that proposed the 53 units on
seventeen acres. White asked if there was more than one form of egress. Mr. Huntress stated
currently there is one egress. Steve Delmarco asked Mr. Huntress how traffic would be
affected. Mr. Huntress stated a traffic study has not been done at this time. Tim Jakes asked to
see the plans for clarification of the building location. Simons stated that Village Residential
requires one unit per acre. The Chair instructed the Planner to get clarification of the zoning for
this project. Nardella asked why the applicant was proposing a two-lot subdivision. It was stated
they are locking in zoning under chapter 40A. Nardella asked what else is required for a
completed application. The Planner stated that more detailed drainage calculations would be
needed. Nardella stated that he would like to see the drainage calculations. Mr. Speicher stated
he felt he complied with all of the requirements. He stated that buildings are not stated on the
plans and he feels he should not have to provide the drainage calculations. Mr. Speicher
requests that the board approve it subject to additional drainage information be submitted under
the Definitive filing. The Chair stated this would be continued to the April 20"' hearing. The
applicant has provided a written authorization letter allowing a continuance to the April 30'2004
meeting.
Lot 2,3, & 4 Great Pond Road—Watershed Special Permit
The Planner stated all three lots have separate filings. The application is a rfiling of previously
approved Watershed Permits, which have expired. The Planning Board previously issued a common
gravel driveway permit to service lots 3 and 4. The Planner stated that lot 2 was serviced by a separate y
driveway directly adjacent to the common driveway with only a 3 foot grass strip separating the two. The
driveways are completed and the Planner is currently reviewing the driveway for compliance, however
many problems currently exist. One driveway is currently servicing three homes. The three-foot strip is
not present. The Driveway lights and stone indicating the lots need to be in compliance. Development of
Lots 2, 3 &4 will be located in the Non-Discharge Zone associated with wetland resource areas. Limited
clearing has been conducted on the lots. Review by VHB has been waived as the filing is exactly as that
reviewed and approved previously. The Planner stated that the permit expired over two years ago. The
Planner requested that detailed information be submitted regarding the engineering calculations for the
sizing of the groundwater recharge systems. In addition,clearing associated the installation of the sewer
should be clarified and minimized to the extent possible. The Planner stated that there is no bond money
in place. Jim Demetri stated that he is the new owner and would have no problem posting a$5,000 bond.
Attorney Bornstein stated that this should be covered under the original permit since work has been done
on this lot. Mr.Bornstein handed out information from the zoning manual in regards to his interpretation
of the law. He feels since substantial completion has occurred, the project may go forward under the
original special permits. The Planner explained that substantial has occurred under the Special Permit for
the roadway but substantial work has not commenced for the individual lot developments which had
separate permits. Mr. Bergeron presented pians to the board. He stated that he is addressing the
questions presented by the Town Planner. He indicated a three-foot grass strip would be put back in place.
Nardella would like to see a more solid divider between the driveways. The Planner stated that the fire
department may have a problem accessing over the driveway and plantings were installed in the medium
strip. Angles stated he would like to see the previous plans and permits from. 1999. The Planner provided
the information to the board.Nardella asked if wetlands have moved on the lots. Mr.Demetri stated that
he is currently working with conservation under the enforcement order. The Planner stated the wetland
line should be re-staked on the lots since the markers are probably missing. Simons requested that the
Planner review the old plans/permits. Mr.Bergeron stated the front of the lot will be improved by adding
lights and stone markers as requested. Nardella asked for clarification of the location of the lights on the
property.Nardella would like a determination of which lot would be responsible for maintaining the lights
for the subject properties. The Chair stated this would be continued to the April 20`x'Planning Board
Meeting.
Decisions:
CVS—Site Plan Special Permit
Angles took a pole of the board members and the conclusion is that the vote will not be taken tonight.
Brooks School - 1160 Great Pong Road—Watershed Special Permit
Motion by Nardella to approve the 1160 Great Pond Road Watershed Special Permit as amended
this evening,second-by Schwarz 5-0 Discussion None Motion carries 5-0
16 Mile Hill CPA Project
Schwarz explained the board the details of the 1/z mile hill CPA project and asked for their support.
Motion by Nardella to support the 1/i mile hill second by Phinney Discussion none Motion
carries 6-0
Motion by Nardella to adjourn at 10:42,second by Schwarz Discussion none Motion carries 5-0