HomeMy WebLinkAbout2013-06-18 Planning Board Meeting Minutes
PLANNING BOARD
Meeting Minutes
Tuesday, June 18, 2013
Town Hall, 120 Main Street
7:00 PM
Present: J. Simons, M. Colantoni, D. Kellogg, L. Rudnicki. L. McSherry, R. Rowen
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Absent:
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Staff Present: J. Tymon, J. Enright
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Meeting began at 7:02pm.
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LOT RELEASE
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2005 Salem Street:
Requested by George Haseltine.
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J. Tymon: This lot is part of an approved three lot subdivision. Two of the lots have been
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released and are occupied. Construction has begun on the third lot. The driveway has been built
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to the binder coat. Bonds for the road and for the site opening have been filed.
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J. Simons: Construction should not have started prior to a Lot Release. If there was sufficient
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bond money the lot should have been released.
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George Haseltine, Developer: Stated that he believed the Lot Release was to be done prior to the
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conveyance of the lot to the home owner.
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J. Simons: A building permit should not have been issued without the lot being released from
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the covenant.
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J. Tymon: We have sufficient bond money and a site visit has been conducted.
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MOTION
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A motion was made by R. Rowen to release all Lots for 2009 Salem Street from protective
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covenants. The motion was seconded by L. McSherry. The vote was unanimous, 6-0 in favor.
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BOND RELEASES
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Woodlea Village: Request for a partial bond release of $2,900.
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J. Tymon: Gene Willis has approved a release of $2,900, leaving a remaining bond amount of
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$14,300. The $2,900 is for the stone bounds. The remaining amount will cover maintenance and
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conveyance.
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MOTION
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A motion was made by R. Rowen to release $2,900 of the performance bond for Woodlea
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Village. The motion was seconded by D. Kellogg. The vote was unanimous, 6-0 in favor.
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Red Gate Lane: Request for release of roadway Surety Bond.
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J. Tymon: This street was accepted at this past Town Meeting. The Town’s attorney has
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recorded the documents. The language for the vote has been provided. A $5,000 slope
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stabilization bond is still being held.
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MOTION
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A motion was made by D. Kellogg that the Planning Board approves the release of the United
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Casualty and Surety Insurance Company Subdivision Performance Bond No. 57180098 which
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was the Performance Security posted by Whispering Pines Realty Trust/Whispering Pines
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Development to ensure the completion of the required Subdivision Improvements at the Red
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Gate Subdivision off Salem Street in North Andover, MA. The motion was seconded by M.
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Colantoni. The vote was unanimous, 6-0 in favor.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 18, 2013
Town Hall, 120 Main Street
7:00 PM
POSTPONEMENT
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CONTINUED PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special
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Permit and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft.
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single story retail bank, parking lot, and stormwater structures within the Non-Discharge Zone
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and Non-Disturbance Zone of the Watershed Protection District.
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PUBLIC HEARINGS
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CONTINUED PUBLIC HEARING, 100 Dale Street: Application for a Watershed Special
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Permit. The project consists of two (2) building lots. Structures on Lot 2 are to be demolished.
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A single family home with associated clearing, grading, utilities and stormwater maintenance
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features is proposed for Lot 1 and Lot 2.
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J. Tymon: L. Eggleston’s review comments have been addressed. An Operations and
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Maintenance document has been received and is referenced in the Decision. Landscaping has
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been added, confirmatory test pits prior to the building permit are conditioned in the Decision,
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the limit of work is to be recorded in the deed as well as a fertilizer restriction.
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MOTION
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A motion was made by R. Rowen to close the public hearing for 100 Dale Street Watershed
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Special Permit. The motion was seconded by D. Kellogg. The vote was unanimous, 6-0 in
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favor.
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A draft Decision was reviewed.
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MOTION
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A motion was made by D. Kellogg to approve the Watershed Special Permit for 100 Dale Street
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as amended this evening. The motion was seconded by L. McSherry. The vote was unanimous,
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6-0 in favor.
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CONTINUED PUBLIC HEARING, Adjacent to 1665 Great Pond Road: Application for a
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Watershed Special Permit. Applicant seeks to construct a single family home with associated
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clearing, grading, utilities, and stormwater maintenance features within the Non-Discharge and
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Non-Disturbance Zone of Lake Cochichewick and the 100 foot buffer zone of an adjacent
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bordering vegetated wetland resource within the Watershed Protection Overlay District in the
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Residential 1 (R-1) Zoning District.
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J. Tymon: This public hearing was continued from the last meeting due to a problem with the
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notice in the newspaper. There is a cleared, flat area with lawn in the rear of the lot where the
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house location is proposed. L. Eggleston has reviewed the project and her comments have been
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addressed by the applicant. The building is outside the Non-Disturb Zone.
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Bill MacLeod: Andover Consultants, Inc.: The lot was created by a variance in the 1960s.
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Reviewed the lot configuration, wetland delineation, and distances from the wetlands. There is a
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20’ rise from Great Pond Road to the top of foundation elevation. The 300’ driveway
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accommodates that slope. Over the first 40’ of the driveway there is only a 1’ difference in
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elevation from the roadway. The driveway will be graded to pitch to an infiltration trench on the
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west side of the driveway. The trench will be 2’ wide and 10” deep. The proposed house is
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shown as a 32’ x 66’ rectangular box that meets the zoning setback requirements. This is an
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expected house size. The lot owner will likely sell the lot to someone who will build the house.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 18, 2013
Town Hall, 120 Main Street
7:00 PM
R. Rowen: Where will the runoff go from square section of the top area of the driveway? Will
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icing be an issue near the top of the hill?
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B. MacLeod: The driveway pitches from the garage to the far left side of that section of
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driveway, down the driveway, and then across the driveway to the trench. If any runoff reaches
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the bottom of the driveway there is an additional infiltration trench that runs off the end of the
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driveway along the frontage. The square section of driveway is 30’ x 30’ and the only water will
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be the water that falls on it. The driveway is on the south facing slope and will get the maximum
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solar heat. Does not believe there will be an icing issue.
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J. Tymon: L. Eggleston does not have any remaining open issues.
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ABUTTERS
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Nick Daher, 1675 Great Pond Road: Questioned what will happen with the existing house and
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which buffer zone they are interfering with.
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R. Rowen: That house is on a separate lot; however, there is a shed that crosses the lot lines that
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will be taken down. The buffer zone is from the lake. They have to cross the buffer zone to get
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from Great Pond Road to the house.
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Maureen Daher, 1675 Great Pond Road: Does the project abide by the Conservation rules?
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J. Simons: They have to comply with all the Conservation and Zoning rules. They require a
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Watershed Special Permit from the Planning Board and that is what this hearing is for.
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D. Kellogg: The project has been reviewed by the Town’s consultant for all the Conservation
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issues.
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B. MacLeod: The project was filed with Conservation and the hearing has been opened. They
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did not request any amendments to the Plan. They won’t issue the Order of Conditions until this
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Special Permit is complete. The house will be connected to Town sewer.
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J. Simons: We will keep the hearing open until the next meeting.
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NEW PUBLIC HEARING, 0 Great Pond Road (Map 35 Lot 4): Application for a Watershed
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Special Permit. Applicant seeks to construct a single family dwelling with appurtenances on a
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presently undeveloped, buildable lot.
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J. Tymon: This lot abuts the Scuito property that was recently approved for a Watershed Special
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Permit. This project has not gone before the Zoning Board of Appeals (ZBA) yet. That Board
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does not meet in July. The applicant applied for the Watershed Special Permit and would like to
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provide an overview and then will likely request a continuance until September.
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J. Simons: The bulk of the deliberation will occur if the ZBA grants the variance.
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William Holt, Representing the applicant, Stephen Dehullu: Discussed an alternative analysis of
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two potential locations on the lot for the single family home that will be presented to the ZBA.
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One location could be on the upper portion and one on the lower portion. The applicant will go
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before the ZBA requesting to build on the lower portion. The constraints are similar to the
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constraints on the abutting lot. There is considerably more land disturbance if the house was to
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be built on the upper portion of the lot. The driveway would be approximately 533’ to the top of
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the lot. The driveway alone would actually create more impervious area than the entire project,
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house and the driveway, on the lower portion of the lot. The proposed house is approximately
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180’ away from the lake. All of the impervious area would be treated and the runoff would be
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PLANNING BOARD
Meeting Minutes
Tuesday, June 18, 2013
Town Hall, 120 Main Street
7:00 PM
managed in the stormwater design. The lot was created in 1984. There was an ANR Plan
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approved that altered the lot lines in 2001. The lot conforms to zoning.
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J. Simons: The general sense of the Board is that less disturbance is better than further away.
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The ZBA may want to hire the Town’s consultant to evaluate and report on the potential
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environmental impact of the two alternatives. Requested the Town Planner suggest that to the
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ZBA.
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J. Tymon: We should continue the public hearing until September.
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DISCUSSION
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1679 Osgood Street: Introduction of new owners and development timetable.
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J. Tymon: Six out of the nine septic/wells have been approved by the Board of Health. The
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other three will likely be approved by the end of the week. The project required the developer to
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come back to the Board if there were any changes to the septic/well system design.
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Phillip Christiansen, Christiansen and Sergi, Inc.: Introduced Michael Green as the new owner
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of the project and Attorney, John Smolak. All nine of the septic/wells reviewed by the Board of
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Health. Based on the review some minor changes were made on six of the plans. The remaining
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three plans are being finalized. The stormwater systems and roadway have not changed. The
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new owner would like to start the project as soon as the plan is endorsed and recorded.
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MISCELLANEOUS
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J. Tymon: There have been a few occasions where there has been more than an acre of land
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disturbed but no remedy required by the property owner. As the Board’s agent I can make the
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decision to approve a Land Disturbance Permit administratively; however, it requires a majority
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vote at a Public Meeting to delegate any of the responsibilities for administration of this Bylaw
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to the Town Planner.
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MOTION
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A motion was made by R. Rowen to delegate any of the responsibilities for the administration of
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the Stormwater Bylaw to the Town Planner. The motion was seconded by D. Kellogg. The vote
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was unanimous, 6-0 in favor.
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:
MEETING MINUTES
Approval of June 4, 2013 meeting minutes.
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MOTION
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A motion was made by L. Rudnicki to approve the June 4, 2013 meeting minutes. The motion
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was seconded by M. Colantoni. The vote was unanimous, 6-0 in favor.
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ADJOURNMENT
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MOTION
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A motion was made by R. Rowen to adjourn the meeting. The motion was seconded by D.
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Kellogg. The vote was unanimous, 6-0 in favor.
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The meeting adjourned at 8:20 pm.
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PLANNING BOARD
Meeting Minutes
Tuesday, June 18, 2013
Town Hall, 120 Main Street
7:00 PM
MEETING MATERIALS: Agenda, Language for vote to release Red Gate Lane Surety Bond
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dated June 18, 2013, 100 Dale Street: email from Judy Tymon dated June 11, 2013 to Phil
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Christiansen, Draft Notice of Decision dated June 18, 2013, Stormwater O&M Plan dated18,
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2013, 1665 Great Pond Road: Eggleston Environmental review letter dated May 20, 2013,
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Andover Consultants, Inc. response to Eggleston Environmental review letter dated June 10,
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2013, Site Plan Great Pond Road North Andover, MA dated June 3, 2013, email from L.
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Eggleston date 6/18/2013, 0 Great Pond Road: Variance and Watershed Special Permit Site Plan
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located in North Andover , MA dated 8/12/12, 1679 Osgood Street: Notice of Decision-
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Subdivision Plan dated September 20, 2011, 6/4/2013 draft meeting minutes.
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