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HomeMy WebLinkAbout2005-02-01 Planning Board Minutes ,may' b EE R yy�� l T�qp the ]p ¢f� p sg,Q g �. �rt 0.��."ag 1YA ��H�'6� '1 �f.V.'L F-85�R, 4s - Kti North ','U over, 0 11345) �lr r;r"i%Iisr I I s, r,E , 1 Fox (IV8)��l!'fh1U�1 ��1!'C'Cit11' (' �'��7�'�1111(' (, Ii}:� � fiCC'i�r{,.�-��) 12 North Andover Planning Board Minutes of the Meeting February 1, 2005 North Andover Town Hall 120 Main Street conference room 2°d floor 7:00 PM Members present: Alberto Angles, Chairman; George White, Vice Chairman; John Simons, Richard Nardella, James Phinney. Members absent: Felipe Schwarz Staffpresent: Heidi Griffin, Director; Mary Ippolito, 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: Jared IV-Bond Reduction-Open Space Discussion A plan of land showing the original filing of 27 lots still has not been obtained. This item will need to be continued until the plan has been found, Neve Associates is looking into their records for the Planning Consultant and will forward a copy of the plan if found.. There was no one present to represent the petitioner(Mr. Janusz) tonight. Board member Nardella stated that there is a plan that recognizes the 27 lots; the applicant needs to come up with a plan to satisfy the Board. The Board was requested to equate the acreage to the total number of lots for tax value. There were 27 lots and Board member Nardella stated that he knows that there is a reduction. The Board agreed to keep this petition on for a continuance until the next meeting. Requesting release from a letter of credit for$10,000.00 as the Equestrian Shop did not go forward with this projectll 812 Turnpike St. The special permit for this item has expired the applicant has also placed in writing that he will not be going forward with the project because of the expiration and is aware that he will need to file a new application if he should later decide to construct the project. The Board needs to vote Itl)11113(31' 11'1'I:_VS64S-`)i.lf 131 U.171\Ci nRS-9'�-t? ("(}\ti112V 11'Ity\:(+�,'.} ;r1 lll `-I-lI1 i�-5,�7�1_Sfh ]'i l� l-.s'..,`2l-9w3> i 1' lli llilll�, lI)(7� Il�fl1'fll!,1.r+.I[t{ it `l to release the letter of credit so the bank can close it. A document for Board's signature has been drafted. The Board asked if anyone was present tonight to represent the petitioner. A representative for Mr. Proulx was present tonight and confirmed that the Equestrian Shop is not planning to reapply in the future. Upon a motion made by Richard Nardella and 2na by George White, the Board voted to release the letter of credit, (letter for the record) the vote is unanimous 4-0. Request for release of Surety Bond $802,486.70 for Peter's Street Realty Trust, a/k/a CVS PhanmacX A request has been made to reduce the amount of surety held for this project. Jack Sullivan, DPW has submitted an updated amount. The Board will need to vote to approve the new amount, later the applicant will come forward with a new surety bond that the Board will need to accept and sign. After the acceptance of the new agreement a vote will need to be taken to release the surety held for $802,486.70. This needs to be a two step process because it is not a cash bond held but a surety agreement that cannot be reduced so a whole new agreement needs to be in place prior to releasing the original. Ms. Griffin stated that DPW did a new calculation of the bond amount and the surety bond won't be released until the cash bond is applied for and posted and all the necessary paperwork is filled out. The Board discussed the request for the surety release and agreed not to release the surety until the issue of the plantings is settled, the plantings need to survive, etc. The Board even discussed that an even larger amount possibly should be held just in case there are problems with any of the plantings. The Board agreed that they would not take further steps to release a bond. Continued Public Hearino: Requested to be heard at Feb. 1't Pl Bd meeting **492 Sutton Street-Airport Site Plan Special Permit/metal hangar, requested to be placed on ,agenda first. The Board needs to determine whether they will grant a waiver to Section 8.3.5.e.vii(Storm Water drainage). The applicant states that site restraints such as high ground water, failed percolation testing and limited leased area do not allow for reduction in peak rates of runoff. VHB has commented that runoff calculations show an increase in flow and does not mitigate to zero for the 2, 10 and 100-year storm event as stated in the bylaw. Please see VHB's email dated January 31, 2005 for additional information regarding this. The Engineer from Andover Consultants Inc, was present tonight and handed to the Board his response review to VHB's review. He stated that there is an impervious site highlighted in gray on the plan tonight. VHB asked to analyze a large wetland located on the right side of the airport and to address the impact on the wetland. Look at 100 year plan for impervious cover. Andover Consultants engineer believes that there is no need for storm water detention. They provided a sedimentation trap to catch drips of oil from vehicles or salt that's used for deicing will get caught in sediment trap it's a 1500 gallon chamber that needs to be maintained on site. All the other items were addressed in prior memo's (memo's for the record). VHB agrees with Andover February 1,2005 Minutes page 2 Consultant's memo that it's impossible to provide for 100% storm water drainage detention on site. Andover Consultants engineer gave the manufacturer's literature regarding lighting (literature for the record). The issue is the drainage runoff and how to treat the airport differently because it's a large property with a number of large leased parcels. Set backs from lease lines are a concern; Andover Consultant's engineer discussed his calculations regarding the worse case situation over 100 years and stated that there is no substantial drainage from storms. The a Board discussed a condition regarding a waiver from storm water drainage, and requested the lighting requirement be placed in the conditions. Upon a motion made by Richard Nardella and 2nd by John Simons the Board voted to close the public hearing on this petition. Vote was unanimous 5-0. Upon a motion made by Richard Nardella and 2"d by George White to approve the Site Plan Review Special Permit for 492 Sutton Street, as amended this evening. Vote was unanimous 5- 0. Continued public hearings: 1211 Osgood Street-Modification for Site Plan Special Permit, Frank Terranova. At the last meeting the Board requested the engineer submit a new plan with signs located on the plan of land indicating restricted access, this new plan has not been received or reviewed, Frank Terranova, applicant was present tonight and asked if he could request a continuance until the next Planning Board meeting of February 15, 2005. He stated that the plan was not ready on time. Upon a motion made by Richard Nardella and 2"d by George White, the Board voted to continue the petition until the February 15d'Planning Board meeting. Vote was unanimous. MollyTown Road-PRD Special Permit & Definitive Subdivision/Minieucci „ No new information has been received Chris Huntress, Engineer was present to represent Molly Town Rd. The Board scheduled a site walk for last Saturday. Mr. Huntress did a presentation again tonight and stated that lot# 16 is pushed back because of a wetland and will request a waiver for a setback. The open space will be wrapped around the back of this lot. Put in a sign for a trail to the State Forest. Board member Nardella will take a look at the site. The property located in between the two streets would make a nice common area. There are a lot of existing trees on the site. The grading plain is a natural one. An entranceway sign will probably be designed the same as Peachtree farm. Discovered ledge put ejector pumps in the last 5 houses for a gravity system. Get DPW opinion on this situation for sewerage. Mr. Huntress stated that he needs a waiver from the 50 foot premiter to move the very last house on the lot a little closer to the rest of the homes. School buses will not come into the project. A small shelter for children will be located at the lower right hand side of the subdivision, as the school buses will only be stopping at Summer St. Still working on final elevations and will be ready by the next meeting. This project will be a public street laid out according to the public street policy and built according to the Boards specifications,the street cannot be less than 50feet. Mr. Huntress will list the waivers he needs. The proposed road is 815 feet, from beginning to subdivision to the end of subdivision. Mr. Huntress should highlight the wetland areas on the conventional plan and submit the plan for the February 1,2005 Minutes Page 3 7" } file, to satisfy the requirements of the bylaw, and stamp the plan for the file. No one was present in opposition tonight. Requested continuance until Feb. 15t" PI Bd meeting Lot 4 Willow Street Site Plan Special Permit office buildin Engineer's plans were not ready. Upon a motion made by Richard Nardella and 2nd by George White, the Board voted to allow a continuance until the Feb. 15'l Pl Bd. meeting. Vote was unanamous 5-0. • 0 Methuen Street-Definitive._Subdivision/duplex, Engineer's plans were not ready. Upon a motion made by Richard Nardella and 2"d by George White, the Board voted to allow a continuance until the Feb. 15Ib Pl. Bd. meeting. Vote was unanamous 5-0. Requested Extension until April 8, 2005 PI Bd meeting • Old Salem Village Definitive Subdivision • Old Salem Village-Site Plan Review Special Permit PUBLIC HEARING: 1025 Osgood Street, Watershed Special Permit, Hearthstone Realty Corp./ice cream parlor (Phase 1) Engineer for the project was present tonight. Board member Simons asked why is this petition being presented separate as phase 1 tonight. The Engineer stated that the 2,000 s.£ rule and less than 5 parking spaces is why he went with two separate phases. This project is now a restaurant instead of just an ice-cream parlor. He is renovating and removing a shed and freezer and glass enclosure. This should allow for more space for people to stand around outside. The Board wants the petitioner to speak with Mr. Nicetta regarding the parking spaces. Concerned that this will turn into a restaurant and not have enough required parking spaces. There is no seating located on top of the open patio roof area. Restriping the existing spaces in parking lot, Mark Gross, Engineer was present tonight and stated that phase 2 is more complicated and will take a longer time to go thou process, owners wanted to get phase 1 going, in case phase 2 doesn't happen. The Board asked the petitioner'to advertise a legal notice for a site plan review special permit in time for the March 1'Planning Board meeting this will be advertised along with the request for a watershed special permit which was dropped off last week. The petitioner is looking to increase the existing addition by 25%, no work being done in buffer. By increasing the size of existing bldg. does this mean that there will be a cafe there now? Continue the idea of ice cream shop; introduce a 4-season sandwich place, light lunch etc. There maybe a requirement from the Health Dept. because milk and water will not be the only line utilized if the menu becomes extended to a lunch cafe, engineer to check with Health Dept. Parking lot will be repaved in phase 2. Engineer will do an overlay to show the repair and restriping of parking lot, and will make a berm if there is supposed to be a berm. Ask DPW if there is a drainage problem now. The Board discussed VHB's review. Upon a motion made by February 1,2005 Minutes page 4 �f Richard Nardella and 2nd by George White, the Board voted to continue this petition until the March 15t Planning Board meeting. Vote was unanimous 5-0. The Board announced that they would conduct an Executive Session. No notes were taken by the Recording Secretary regarding the Executive Session. Chairman Angles attempted to make a motion to approve the Minutes of the January 18th Planning Board meeting, at this point, Attorney Speicher took the podium and addressed the Board regarding the following: Atty Speicher now took the podium and he stated that he wants to continue the hearing for Old Salem Village tonight. He stated that he agreed to a continuance because the Board needed more time. His position is that this is an"as of right project"the Board should go forward and discuss the petition tonight. The Board stated that they wanted to consult with Town Counsel for advice then the Board would decide what direction they were headed in this matter. The Board stated that there is an extension to continue until April 8th. The Board has nothing to add regarding the petition. The extension that was granted by Atty. Speicher is sufficient time for the Board to make their decision. Atty. Speicher stated that by extending the time for the Board to act doesn't ]Wean that the Board would only wait unlit April 8t"to discuss the petition. Board didn't want to spend their time discussing the petition when they were not clear regarding the bylaw issue. Atty. Speicher feels that doing nothing until April 8th isn't going to accomplish anything. Atty. Speicher would like to go forward with the subdivision plan and schedule another separate meeting to do so, and address VHB comments regarding same. Board member Simons stated that the Board should get Town Counsel's advice regarding the litigation and regarding the next steps the Board shall take. Board member Simons will not make a statement regarding the subdivision meeting because Board member Simons wants to talk with Town Counsel. The existence of the lawsuit now presently stated that the Board is named in the litigation. Atty. Speicher wants to plan a date to discuss subdivision plazas. The Board will take this matter under advisement and consider the request for a meeting to discuss the subdivision. Ms. Griffin stated that she would not be able to schedule the meeting date until Attty. Speicher has had a chance to respond back to VHB's comments, as this is the standard office procedure. The engineering review will take a couple of weeks to do. Atty. Speicher expects to hear from Ms. Griffin regarding the issue. The applicant was instructed to respond to VHB's review. Upon a motion made by Richard Nardella and 2"d by George White,the Board voted to adjourn the meeting tonight, vote was unanamous 5-0. The meeting adjourned at approximately 9:30 PM. By order of the Planning Board approved The Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. mildesktapFeb I Minutes February 1,2005 Minutes page 5 Town of North Andover 0ice of the Ar c il.o�rail.(l services r� e , �t1t1 C)ar[x�fl `s�Y['CL ' N :ol lh : lldov t, (W"13 ae[ius� olephom, (978) 1 ,1 {£ 6,118,A)542 i>:ai.�rr�r1 ilrrtrcl�r, IIc'ii0 (;1,If n February 2, 2005 Mr. Jean Paul Proulx the Equestrian Shop 1812 Turnpike Street Rte. 114 North Andover, MA 01845 SUBJECT: Close out Surety Bond for premises at 1812 Turnpike Street. Dear Mr. Proulx, At the Planning Board meeting of February 1, 2005 the Planning Board voted to close out the Irrevocable Standby Letter of Credit No. 2004121 in the amount of$10,000.00 in favor of the Town of North Andover on behalf of Jean Paul Proulx as it was stated at the Planning Board meeting of February 1, 2005 "that the Equestrian Shop is not planning to reapply in the future". Upon a motion made by Richard Nardella and 2"a by George White,the Planning Board voted to release the obligation of the surety bond(Letter of Credit No. 2004121) as Mr. Proulx stated in his letter to the Board "I am requesting a release of the letter of credit for $10,000.00 at Northmark Bank because I did not go on with my project and my permits have expired" (attached is letter for the record). The vote was unanimous 5-0. Sincerely, Heidi rifPsn, Director, Community Development& Services cc: Jack Sullivan, DPW Roberta McGowan, Treasury Dept. Attachment mi/desklopAcuerRobedaRelease ;ci1111)of -V'PI .11 �t,�� 4-11 [[ 11i)P�'Gr>x )5tj r,°[1�y1d121 llli>Nz,�S-) 31) I!1 ,1i;1lios8 3 .411 1'I..1',�ll [cr,XN s� (r y . 74ry. the JPv Equestrian Pl_l,NNINC'� •• shop Paul Proulx �r C)C, if� d I 1.812 Turnpike Street Rte. 114 • North Andover, MA 01845 978-686-7722 www.aauestrians�son.com F-ttf"L�J'"'C1�� 11 1G •••' •,' '. Jjyct FAX :, . 'Tj{ :� ,r• ,f_ . A Sq w Meeting of the Planning Board 'I'1NlE: 11 AM PLACE; Sezrior Canter DATE: Febwary 5,2005 By order of the Planning Board. PLEASE POST ON THE BULLETIN BOARD OF THE'TOWN CLERK'S OFFICE. mi/post A TOTAL P.02