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HomeMy WebLinkAbout2004-05-18 Planning Board Minutes North Andover Planning Board Minutes May 18, 2004 Regular Meeting Members Present: Alberto Angles, Jr., Chair, George White Vice Chair, and Rick. Nardella. Members Absent: Felipe Schwarz,Clerk,Jahn Simon,and James Phinney F Staff Present: Julie Parrino,Town Planner The Chair called the meeting to order at 7:1.6 PM. Informal Discussions: Ms. Parrino gave a brief update on the site work for the Peachtree Special Kermit. The Vanasse Hangen Brustlin (V1-I13) engineering report said that they are in compliance. The Slope is a hair over the 3:1, not a big issue. Mr. Angles asked Ms. Parrino if she had looked at the excavation? Ms. Parrino said she had; they are filling, not removing. Bond Release: Lyons Way Alan Russell of Mesiti Development Corp., 231 Sutton St.,North Andover, represented the release request. The subdivision roadway has been accepted as a public way and bond monies rernain for surety for tree survival. Currently two cash bonds have been posted of which one was for$5,000 for site opening, and one for$14,500. $12,000 was to be donated to the sidewalk fund and $7,500 was held for tree survival. The tree warden has inspected all trees which appear to be alive and in good shape. DPW has recommended a$7,500 bond release for the street trees, and $12,000 to be transferred to the sidewalk fund. Ms. Parrino said that the $19,500 is not including interest, and she recommended all but the $12,000 be released. White made a motion to approve the bond release of$7,500.00,Nardella 2`1 the motion. No Discussion. Motion carries 3-0. Mr.Nardella asked to return to Lyons Way —How would the $12,000 be transferred to the sidewalk fund? Normally, if we do a swap, we have to release the bond monies, and they hand over a check for the same amount. Ms. Parrino said that she might be able to send it over to the Treasurer's office, and they would re-issue it to the sidewalk fund account. Mr.Nardella said that there should be a paper trail of the transfer. To date, we have been swapping checks as the best way to do it. Ms. Parrino said she would find out how they do it. Mr. Nardella said that if we move monies internally, we would lose control, and have no record of checks received. Mr. Angles suggested putting a rnemo in the file about the transaction. Pulte-Forest View: Form J Garnet Circle Lot Releases Ms. Parrino is reviewing the 3 drawers containing 8 years of files. The Form J is for Garnet Circle which was just bonded at the last mecting. VHB established the bond amount for the small cul-de-sac of 5 lots. The file seems in order and she has done a quick inspection for the Form J to make sure that there are no major problems. There is a significantly sized bridge over the large wetlands for this phase of the project. She had monitored this area carefully as Conservation Administrator for the Conservation Commission. They may have had an interim as built, also. She recommended that the Form J could be signed off. Prior to any building permit signoff, she would look more closely for any further requirements needing to be adhered to. Mr. Nardella asked who signed the Form J for Garnet Circle and was it here? Ms. Parrino said a i majority of Board signs it. The Form J was signed, and notarized by Atty. Donald J. Borenstein. May 18,2004 Page 1 of 4 Bond Reduction: Peachtree Phase 1 Roadway Bond: Brian Darcy represented Peachtree. Decision for Subdivision approval and PRD approval was issued on February 10, 2003. Record decisions and recorded Form I and Form M forms exist in the file. A Letter of Credit in the amount of$206,673 was posted. Two $15,000 site opening bonds were submitted. Upon careful review of the file, it appears several conditions of the Subdivision decision have not been adhered F to. Ms. Parrino gave an overview of the outstanding conditions. 1 Condition 5d)requires that outside inspectional services(VHB) shall be provided by the Town's consultant due to the size, scale and complexity of the project. The applicant was to request an estimate of inspectional services from the Planner and an escrow account was to be set up. This has not been done. Applicant claims they spoke with former Planner, requesting how this condition needs to be satisfied but appears an escrow account was never set up. DPW has conducted some inspections and Jack Sullivan has submitted copies of his inspection reports. Site inspections have been performed by DPW. It appears the site has been built in accordance with approved plans. Condition 5e)reads that due to steep slopes at the rear of many of the proposed lots,the applicant shall hire a Geotechnical engineer to be present during construction to observe any potential groundwater or slope failures that may occur. Monthly reports were required.This condition was not satisfied. Ms. Parrino has requested that the applicant submit all documentation. Mr.Nardella asked what is needed for inspectional services, 5 or 10 or 15 grand? Ms. Parrino said that all the utilities are in,the roadway is to binder right now,the drainage is in, etc. Not more than $5,000 should be necessary as 90% has been completed. Mr. White said there was public concern about the slope on the backside. There are maybe 2 lots on Lavender Circle that have slopes that have not been disturbed yet. The rest of the lots are flat,that would not warrant a Geotechnical report. Ms. Parrino stated the project has been monitored on a weekly basis by West Environmental (not Geotechnical engineers)and no slope failures or significant erosion has occurred on the site. Mr.Nardella recommended that the Board release only$35,673. Will the applicant give us a new Letter of Credit? Brian Darcy said they would issue a new letter of credit. Mr.Nardella asked when the Letter of Credit expired? Ms. Parrino said it expires December 05. The Board discussed non-compliance with these conditions and considered how they should be applied to Phase II of the roadway. Ms. Parrino said DPW recommended only $40,673. Motion by Nardella to reduce the Letter of Credit for the Peachtree Phase 1 Roadway Bond by $40,673.00, leaving $166,000.00 contingent on the applicant creating an escrow account with an initial $5,000.00 funding in order to comply with Condition 5d),2"`' by White. Discussion none. Motion carries 3-0. Bond Establishment: Peachtree Phase 11 Roadway Bond Ms. Parrino said that DPW has established a roadway bond in the amount of$103,975 for Phase 11 of the Peachtree Development. They haven't done any house construction on Phase II. They have just completed the roadway to binder. Mr.Nardella asked if they were going to give us$103,975.00 and we would give them back $40, 673.00? Motion by Nardella to create a Roadway Bond of $103,975.00 for Peachtree Phase 1I,2"d by White. Discussion none. Motion carries 3-0. Peachtree Access and Utility Easement In February of 2004,the Planning Department endorsed an ANR Plan for Peachtree,which removed land from homeowners on Kara Drive and transferred it to the open space parcel associated with the Peachtree Subdivision. Included on this property were a drainage structure and access and utility easements. The Planning Board must sign a letter authorizing the easement so it could be forwarded over to the Board of Selectman for final approval. Motion by Nardella that the Planning Board vote to accept the utility easement endorsed by an ANR plan for Peachtree and make recommendation to the May 18,2004 Page 2 of 4 Selectmen to accept such utility easement,2"`' by White. Discussion none. Motion carries 3- 0. Bond Reduction: Carter Fields Subdivision A Planned Residential Development Special Permit, a Watershed Special Permit and a Definitive Subdivision permit was issued on December 27,2002 for development of a 17-lot subdivision. The original posted roadway bond amounted to $480,866. A release of$211,866 was issued on 9/23/03 and a release of 95,500 was released on 1/20/04 leaving a balance of approximately $173,500. The applicant is eligible for one more bond release, not to exceed $86,750. The applicant has submitted a Bond Reduction Request in the total amount of$83,107 with requested itemized returns. DPW has reviewed the bond release request and site and has recommended a release of$74,300. Motion by Nardella to release $79,300.00; $5,000.00 more than DPW suggested,based on good faith shown by the developer; 2nd by White. Discussion: Mr.Nardella said that the Board is still holding$81,000. Motion carries 3-0. ANR Plans: Campion Hall Ms. Parrino described the equal area land swaps that Campion Hall proposed to do with abutters. There is one problem: the R-1 and R-2 boundary, There will not be any increase in non-conformity as to area and street frontage. The abutters are looking for more buffers from the 40B. Mr, Angles asked if there would be any wetlands issues. Mr. White said there was a better configuration of lots. Ms. Parrino said the 40B would not lose frontage and that VHB got the revision on Friday. Mr. White asked if any or the changes would result in a conforming lot? Ms. Parrino said no, Mr. Nardella said that since the revised lot lines would not make anything more non-conforming,why not swap. Continued Public Hearings: 1789 Great Pond Road -Arnone(Cont. from 1/6/04) Ms. Parrino presented an overview of the project history. The hearing has been continued for many months. Mr.Nardella said he was questioning the previous Town Planner as to why no one noticed that the common driveway would now be servicing three lots. Ms. Parrino said that the lot had been discussed at the'rectinieal Review Committee, and no one was aware of the 2 houses, that this would be a third house on the driveway. Mr. Nardella guessed that the plan did not show the two houses. Mr. Angles said that the first time the applicant came to discuss the project,the Planning Board told him to take it back and apply for relief for common driveway permit from the IBA. Ms. Parrino said that it was her understanding that the Planning Board advised the applicant but the applicant chose not to try for a variance from the Zoning Board. Mr. Angles said that a common driveway Would be less intrusive, less impervious, would have made best use of the land topography because it is a Watershed Special Permit. He chose not to do that. Ms. Parrino suggested that there was a time constraint. Mr.Nardella said that the Planning Board can not vote on the hearing as there is no quorLurt. New Public Hearings: No new Public Hearings were opened. 316 Johnson Street—Watershed Special Permit Judith W. and Eugene F. Reilly represented the petition. Applicant is proposing to construct a garage, house addition, terraces, reconfiguration of driveway area, and extensive landscaping within the 100' Non-Disturbance Zone. Project will result in the increase of over 7,000 s.f. of impervious area. Stormwater Management has been provided. At the last hearing, outstanding issues were identified and the Board requested that the applicant look into reducing impervious areas on site. VHB and Department review comments were forwarded to the applicant's engineer. May 18,2004 Page 3 of 4 Ms. Parrino said that VHB's comments have not yet been received,therefore new changes may be necessary. Ms. Parrino asked that the hearing be continued to June I in order to address comments from VHB. She could forward responses to the applicants upon receipt. She has reviewed everything to date, such as the organic fertilizer. She doesn't expect much back from VHB.No action taken due to lack of quorum. p F Decisions: E Ms. Parrino said that the Board did not have a quorum for decisions. 54 Spring Hill Ms. Parrino said that the reason that the applicant doesn't like the covenant is that their intention is to sign over a portion of the land to the state forest. Mr.Nardella read no porion of Lot 3 shall be transferred or conveyed to any current or future owner of any lot abutting for the purpose of creating a buildable lot. Ms. Parrino said that they feel it might prevent them from transferring over to the state forest. Mr. Nardella said that his recommendation was to have any covenant reviewed by Town Counsel. For now, leave things as is. When they do want to convey it, they can come back with a very specific language change to this covenant at which time the Planning Board could endorse the very specific change, i.e. to the Town Forest. It will force them to come in when they want the change. Mr. Angles asked if that is the mechanism that they can change any covenants? Mr. Nardella said yes, it is entirely within the Planning Board's purview to do so. ANR Plans: Waverly Oaks Ms. Parrino said that there are problems. It is off of Waverley Road, behind the shopping center. Clay Mitchell endorced the ANR last year. There are now duplexes on Hawthorne Street. The developer is coming back with a 16 unit 40B which includes area associated with Marengo Street, a paper street. The plans do not show sufficient detail Motion by White to deny the request because there is not enough information provided by the applicant,2"" by Nardella. Discussion none. Motion carries 3-0. The Board thanked Julie Parrino for the hard work presenting the Planning Board issues to the 2004Town Meeting. Motion by White to adjourn the meeting at 8:30PM,2"" by Nardella. Discussion none. Motion carries 3-0. May 18,2004 Page 4 of 4