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HomeMy WebLinkAbout2004-11-16 Planning Board Minutes North Andover Planning Board Minutes of the Meeting November 16, 2004 . Department of Public Works Members present: Alberto Angles, Chairman; George White, Vice Chairman; Richard Nardella; John Simons; and James Phinney. Member absent: Felipe Schwarz, Clerk Staff present: Heidi Griffin, Director CDS, Mary 1ppolito, Recording Secretary Chairman Angles called the meeting to order at approximately 7:00 PM. Chairman Angles explained the procedure to the assembly present and stated that he would hear the discussion items first. Discussion Items: No Andover CountIl Club waiver request from Watershed. 500 Great Pond Road, through Thomas Childs has submitted a waiver request from the Watershed Protection District. A copy of the plan dated September 21, 2004 does show the areas where erosion control will be placed along with construction access. The applicant has agreed in writing to allow the Planner to perform inspections with the right to stop construction if proper erosion is not in place. An existing deed restriction is in place that prevents the use of pesticides, fertilizers or chemicals. The zoning bylaw allows for this waiver request through section 4.136(8)when construction proposed on an existing structure within the Watershed Protection District will not expand the existing footprint and will not disturb the existing topography and is a proposal on town sewer. Each of these requirements have been met, the determination needs to be made by the Planning Board that a special permit is not required. Mr. Childs is present tonight to represent the country club. Mr. Childs stated that this project is a renovation of the existing barn at North Andover Country Club. The structure is used for functions and gatherings of the membership. After the renovation, its use will remain the same, The footprint of the existing building will not be changed and all work will be within that footprint. The scope of the work will include rebuilding the roof and walls of the barn as well as the cart shed. A 20'x20' storage room will be added above the existing cart shed. This will require the replacement of three existing piers as well as construction of a new footing and concrete wall to support the existing fieldstone wall. This earthwork will take place within the existing cart barn. The barn will receive new HVAC, electric, and plumbing systems as well as new doors and windows. The number of plumbing fixtures will remain the same. The entire structure will be brought up to building code and the barn area will have sprinklers. A silt fence and hay bales will be Planning Board Minutes of the Meeting November 16,2004 Page 1 placed as shown on the drawings to protect the wetland area. All construction supplies and equipment will get access to the building through the existing parking lot bordering the building. There will be no disturbance to permeable surfaces or plantings and the asphalt parking lot will remain as is. Mr. Childs of Country Club would like to start the work this spring. The addition is within the footprint. The Board wants drywell specification for down spouts from the applicant, and submit a construction schedule, when to do plantings, and erosion control as well. When will Mr. Childs put this schedule into the works,as it will be approved by Con/Com. The Board directed that this verbiage be put into writing for our records. Upon a motion by Board member Simons, subject to the conditions of Site Plan Review, 2"d by Board member Nardella, the board voted to GRANT a waiver from the Watershed. Vote was unanimous. Discussion Items: Roadway located behind N.A high school. Board member Nardella stated that he is distressed that the roadway behind North Andover High School was not open in anticipation of voting day for the presidential election. The heavy traffic volume was due to the fact that there was only one entry exit roadway currently existing which simultaneously also had to handle election day vehicle traffic as well as regular vehicle school traffic conditions. The Planning Department did previously approve an emergency access road with the site plan special permit. The road is constructed to binder coat and currently being used for construction access. This was a condition of the building of the school set forth by the Planning Board. The school will be redoing the fields and they may not be done by the opening of school in September 2005. The Police Dept. wanted this to be a second means of egress for the school. Planning Board wanted access maintained on Rte. 125, however, it could not be and was not approved for Rte. 125 access. Mrs. Griffin did a site visit last week and stated that the road has a binder cote. A letter was not submitted to the School Committee yet. Chief Dolan stated that he originally wanted access across from McDonald's, but this did not happen. There was a Town Meeting and an article stating that a donation of one acre of land would be provided for this purpose. Although this roadway was originally to be used exclusively for public safety it somehow never happened. Maybe there will be some alternate access back to Rte 125. The Planning Board agreed they should revisit the public safety committee and talk w/them. The bottom line is there is an intrusion onto the town playing field, because the road had been widened. Chief Dolan asked that this problem be presented to Town Counsel before the roadway is finished. Mrs. Griffin to write a letter to school committee laying out this problem, and that the Planning Board sees this as a problem and that the road has been permitted as an access road, fix it with a letter stating that there absolutely needs to be another means of access. Planning Board Minutes of the Meeting November 16,2004 Page 2 Re uest for bond release for NorthEast Storage, - 492 Sutton Street. Attorney Domenic I Scalise has submitted a request for a bond release for Northeast Storage Corp., for premises located at 492 Sutton Street (airport). Attorney Scalise submitted 3 copies of an as-built plan dated March 16, 2004 signed by Christiansen& Sergi, Professional Engineers. The Planning Assistant currently has a request into the Treasurer's office to verify the current remaining amount of the bond. A plan of land from Northeast storage was presented to the Board. The Board noted that the trees are located on the inside of the lot. The Board stated that the decision indicated that no vehicles are to be stored on site. The Board would like to discuss issues with Atty. Scalise and requested that he be in attendance at the next Planning Board meeting (December 7, 2004). The Board requested that Mrs. Griffin do a site visit first, then have Attorney Scalise meet w/Mrs. Griffin.. Discussion Issues: Anniversary Date. The Board agreed that no discussion of the issue relative to the "Anniversary Date"would take place this evening. The Board agreed to take the discussion of the Anniversary Date off the agenda. Continued Public Hearings: 1789 Great Pond Road, Mr. Arnone seeks construction of single-family home, driveway and associated storm water management to be accessed off a common driveway within the Watershed. VHB has completed a final review of the project. The Planning Board needs to determine whether the concerns of the Fire Chief can be addressed. Atty. Donald Borenstein, 12 Chestnut Street,Andover, MA is present tonight to speak on behalf of his client Mr. Arnone. A letter from Chief Dolan,North Andover Fire Department was read tonight. Chief Dolan stated he met with the applicant previously, and the grade of the road is very steep for fire vehicles to be able to negotiate. Chief Dolan did discuss the possibility of putting in sprinklers. The driveway probably could not be designed to be less than 10% in grading height. There is a grade standard for our roadways; however, there is not a grade standard for a driveway. Mr. William Needem from McKenzie Engineering Co. was present and made a presentation regarding the driveway. He stated that there is a small section in the middle of the driveway that is at a 12% grade, they tried to minimize the cut to generate more velocity for storm water, this is the least steep slope presented. The fire truck is 32' long, the driveway run is 50'. The problems that will arise will be in the winter conditions as the fire and ambulance vehicles are going to struggle to get up to the top of the driveway, the summer is not a problem. The Board discussed the matter of the driveway in length with Chief Dolan, Atty. Borenstein, and engineers who were present on Mr. Arnone's behalf The Board asked that the notes from the TRC meeting of Oct. 2003, be drafted into the decision relative to 1789 Great Pond Road. The Board advised that the decision contain a direct Planning Board Minutes of the Meeting November 16,2004 Page 3 6 quote of Chief Dolan's letter, (letter for the record). The Board asked that a copy of Atty. Borenstein's notes be submitted as he read the conditions tonight from TRC meeting. Obtain the Carter Fields decision regarding vegetation and use it for this decision. Chairman Angles stated that he would ask that a decision be drafted ASAP and would this be agreeable with Mr. Arnone and Attorney Borenstein. Both gentlemen agreed. Upon a motion made by Board member Nardella and 2nd by Board member White to close tonight's meeting in order to draft a decision, and file decision with the Town Clerk's office, and present the decision at the next scheduled Planning Board meeting. Vote was unanimous. Continued Public Hearines: Wheelabrator,.Halt Road. Mrs. Griffin read a letter she had drafted regarding Wheelabrator testing schedule. The Board discussed the testing procedure with Scott Emerson, of Wheelabrator who was present this evening. Board member Nardella requested that Mrs. Griffin fax a copy of Ken Kimmell's terminology to Board member Nardella so he will reword it and then send it back to Mrs. Griffin. The board agrees that the testing will run from commending Jan 1, 2005,to the end of June, therefore test in the first and third quarter. Wheelabrator to fax Mrs. Griffin their testing schedule and the Board will work it out. Strike the previous sentenance the bottom line is Wheelabrator needs to fax Heidi their testing schedule so the Board can agree to work in the 9 month testing period within Wheelabrator's testing time lines. Susan from the audience asked why does the town of North Andover want to reduce the testing from 6 months to 9 months? Mrs. Griffin stated that Wheelabrator's testing results were significantly lower than the required level, and the testing schedule now being done is significantly higher in frequency than any other testing scheduled. Wheelabrator has been in front of the board many times previously. Board member Nardella stated that he will write the decision. Should read 6 months over next 12 months, then every 9 months thereafter. Upon a motion made by Board member Nardella and 2°d by Board member Phinney to close the public hearing on the reduction of emission testing for Wheelabrator, Holt Road,North Andover, MA. Vote was unanimous. Continued Public Hearings: 15 Timber Lane, - H. David & Alyson Fournier, Watershed Special Permit. The petitioner submitted a letter requesting a continuance until the Dec. 71h meeting. Upon a motion made by Board member Nardella and 2nd by Board member White, the Board voted to agree to continue 15 Timber Lane until the next scheduled Planning Board meeting. Vote was unanimous. Planning Board Minutes of the Meeting November 16,2004 Page 4 6 Public Hearing: Old Salem Village,Definitive Subdivision, Rte. 114, request of a four-lot subdivision. Attorney Howard P. Speicher, was present to speak on behalf of his clients: Mr. Ben Osgood, and Mr. Jay Burke who are the two principals of Key Lime, Inc. Mr. Chris Huntress, is a landscaping engineer who was also present tonight. (please note the time a now is 8:45pm)Atty. Speicher stated that in April of last year they filed a preliminary subdivision filing to take advantage of the zoning freeze Chapter 40A, Chapter 6. If tonight's submittal of the site plan review proposal is approved then they will not go forward with the definitive subdivision plan. The land is located in V-R district, which allows multi family zoning as a matter of right. Allows 3 or more units in one building, with a maximum of 5 units in one building. Town House is on a separate building lot. This will be developed as a condominium 56 units town house style. Maximum of 5 units per building. Atty. Speicher presented basically the dimensional requirements per the bylaw see the numbers on the plan of land. Board member Simons stated that he disagrees w/attorney Speicher. Table 2 of the bylaw says if you go into Village Residential district that there is maximum density of one unit. Simons stated that it is one unit per acre for V-R subject to maximum density. Chris Huntress,Engineer, made a presentation of the site plan: it's approx. 18 acres, contains 50 plus units, 50% open space, 50' between buildings, and provided setback of wetlands. The 18 acres had entrance at Rte 114. There is a 50' premiter buffer surrounding the entire property. The open space is everthing that doesn't have building, paving on it. The board took exception to Mr. Huntress' explanation of open space. Board member Nardella stated that the board never included decks, nor people's back yard, nor private spaces, as their definition of"open space". Open space are areas that are not excluded from people to use them. Susan from the audience asked if this abutts conservation land or state forest? If this project does then the Master Plan states that trails should be built into the project. Are there any family friendly parts to the open space project? A representative of Hayes engineering stated that the State land is across the street on Rte. 114, therefore, there is no conservation land or state forest land. David Sullivan, Architect, made a presentation, Mr. Sullivan explained the unit type, it is 1900 sq. ft., it's 2 bedroom, 2 %a bath unit, one car garage, loft and bed and bath upstairs, geared toward an older market. Units have a deck off the back, does comply with height regulation of 30feet. Asphalt shingles, vinyl siding, vinyl windows, etc. The board required he give height in elevation of the gables on the units. Peter of Hayes Engineering made another presentation. He stated Epsilon flagged the wetland required from Con/Com. The roads are rolling and about 9% grade. Chief Dolan, North Andover Fire dept. reviewed the project and stated hydrants are needed on site. A gravity sewer would need to be placed going downward and then pumped back to sewer manhole. Board member Simons questioned slopes; point out where the slopes are. Hayes stated the slopes to remain undisturbed are in excess of 3 to 1 slopes, and excess of 30 feet long. A question came from the audience inquiring if a 100 foot buffer of wetlands was Planning Board Minutes of the Meeting November l6,2004 Page 5 included on the subdivision plan, nothing was included in the 100 year flood plan on this plan of land. There was no ANl7AD done on this site plan with Con/Com. Dermit Kelly traffic engineer was present to speak regarding a traffic study. He stated that his company was p on site and counted traffic,had machine in front of site for 48 hours, counted number of vehicles and speed of vehicles. Added traffic of proposed development and included level of service of vehicles. Sent this traffic study to VHB and are awaiting VHB's comments. Chairman Angles stated he would like to know what is proposed for stop signs to be placed within the project. A member of the audience, Susan, abutter stated that she would like to suggest that the applicants turn this project into a 40B project in order for the Town to make their 10%.quota. Atty. Speicher stated he would like to meet w/VHB to address their engineering comments. The Engineer for the subdivision wants to sit down w/Town Planner to discuss issues of zoning. Hayes engineering stated to agree with the DPW regarding connecting to the pumping station. Mrs, Griffin to send a copy of the letter regarding pumping station to Hayes Engineering. Also, acquire Attorney Thomas Urbehs' comments and opinion, and respond back to the Board. Upon a motion made by Board member Nardella, and 2"d by Board member White, the Board voted to adjourn tonight's meeting at approximately 10:30 pm. Vote was unanimous, meeting adjourned. By order of the Planning Board approved mi/Novl 6Minutes Planning Board Minutes of the Meeting November l6,2004 Page 6