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HomeMy WebLinkAbout2013-07-02 Planning Board Meeting Minutes PLANNING BOARD Meeting Minutes Tuesday, July 2, 2013 Town Hall, 120 Main Street 7:00 PM Present: J. Simons, M. Colantoni, D. Kellogg, L. Rudnicki. L. McSherry 1 Absent: R. Rowen 2 Staff Present: J. Tymon, J. Enright 3 4 Meeting began at 7:00pm. 5 6 BOND RELEASE 7 254 Great Pond Road: Nancy Leland requests release of a $4,000 performance bond. 8 J. Tymon: This project was for a Watershed Special Permit to construct a new home. The 9 project is complete, a site visit has been conducted, and an as-built has been submitted. 10 Recommend release of all remaining performance bond funds for 254 Great Pond Road. 11 MOTION 12 A motion was made by L. Rudnicki to release the $4,000 performance bond with the accrued 13 interest for 254 Great Pond Road. The motion was seconded by M. Colantoni. The vote was 14 unanimous, 5-0. 15 16 POSTPONEMENTS 17 CONTINUED PUBLIC HEARING, 1077 Osgood Street: Application for a Watershed Special 18 Permit and Site Plan Review Special Permit. Applicant proposes to construct a 3,672 sq. ft. 19 single story retail bank, parking lot, and stormwater structures within the Non-Discharge Zone 20 and Non-Disturbance Zone of the Watershed Protection District. 21 22 CONTINUED PUBLIC HEARING, 0 Great Pond Road (Map 35 Lot 4): Application for a 23 Watershed Special Permit. Applicant seeks to construct a single family dwelling with 24 appurtenances on a presently undeveloped, buildable lot. 25 26 PUBLIC HEARINGS 27 CONTINUED PUBLIC HEARING, Adjacent to 1665 Great Pond Road: Application for a 28 Watershed Special Permit. Applicant seeks to construct a single family home with associated 29 clearing, grading, utilities, and stormwater maintenance features within the Non-Discharge and 30 Non-Disturbance Zone of Lake Cochichewick and the 100 foot buffer zone of an adjacent 31 bordering vegetated wetland resource within the Watershed Protection Overlay District in the 32 Residential 1 (R-1) Zoning District. 33 J. Tymon: There are no open issues. L. Eggleston’s review is complete and all comments have 34 been responded to and resolved. 35 J. Simons: Confirmed that the topography is not like the last lot that was recently reviewed and 36 that there will not be much cutting and filling required or land clearing. 37 Bill MacLeod: Reviewed the topography of the lot with the Board. The shed that crosses the 38 property line will be removed. The utility lines will be run adjacent to the driveway to limit the 39 clearing. 40 MOTION 41 A motion was made by D. Kellogg to close the public hearing for 1665 Great Pond Road. The 42 motion was seconded by L. McSherry. The vote was unanimous, 5-0. 43 A draft Notice of Decision was reviewed. 44 MOTION 45 1 PLANNING BOARD Meeting Minutes Tuesday, July 2, 2013 Town Hall, 120 Main Street 7:00 PM A motion was made by D. Kellogg to approve the Watershed Special Permit for 1665 Great 46 Pond Road as outlined in the Notice of Decision as amended this evening. The motion was 47 seconded by M. Colantoni. The vote was unanimous, 5-0. 48 49 DISCUSSION 50 Ricardo Dube, 7 Abby Lane: Requests relief from 50 ft. setback for construction of an in-ground 51 pool with landscaped screening. 52 J. Tymon: Seven Abby Lane is part of Autumn Chase subdivision. This is a Planned Residential 53 Development which requires a 50’ buffer from the parcel boundary. The owners would like to 54 install an in-ground pool 36’ from the rear lot line. There is a reference in the subdivision 55 Decision to the 50’ buffer. The reference is related to a waiver granted for Lot 16. The 50’ 56 buffer is not shown on the plan. The Open Space is behind the lots on the other side of the street. 57 Abby Lane does not abut the Open Space. There would be added landscaping and screening to 58 the property as well. 59 J. Simons: We have to decide if this compromises the whole concept of the buffer zone which is 60 in the Bylaw. If this exemption was requested prior to the subdivision approval the answer 61 would be no. Stated he was not sure the Board has the authority to waive the 50’ buffer and that 62 the neighbor has no idea this is being requested. 63 Ricardo and Paula Dube, 7 Abby Lane: Reviewed a plot plan with proposed added screening 64 and pictures of the existing property with the Board. Stated that if the 50’ buffer was maintained 65 the pool would be approximately five feet off the deck steps and that he did not want the pool 66 that close to the deck steps because he has small children. The builder had told him that a pool 67 would not be a problem prior to his home purchase and the 50’ buffer zone was not mentioned. 68 L. Rudnicki: The request is even more than just the pool because of the surrounding paving and 69 fence that will be installed. 70 J. Simons: Discussion items are usually meant to deal with small, diminutive things that are 71 more technical than substantive. It is not clear that this can be waived. The Bylaw says 50’. 72 The sense of the Board is that the homeowners should discuss the issue with the Building 73 Commissioner and that this may have to go before the Zoning Board of Appeals. 74 75 MEETING MINUTES: Approval of June 18, 2013 meeting minutes. 76 MOTION 77 A motion was made by L. Rudnicki to approve the June 18, 2013 meeting minutes as amended. 78 The motion was seconded by D. Kellogg. The vote was unanimous, 5-0 in favor. 79 80 ADJOURNMENT 81 MOTION : 82 A motion was made by M. Colantoni to adjourn the meeting. The motion was seconded by D. 83 Kellogg. The vote was unanimous, 5-0 in favor. 84 85 The meeting adjourned at 7:35pm. 86 87 MEETING MATERIALS: Agenda, Draft Decision ‘adjacent to’ 1665 Great Pond Road, 7 Abby 88 Lane: Page 2 of 6 from the Autumn Chase Notice of Decision, Plan Cover Sheet Autumn Chase 89 North Andover, MA, Plan of Lot 1 Autumn Chase North Andover, MA, Aerial view picture of 7 90 2 PLANNING BOARD Meeting Minutes Tuesday, July 2, 2013 Town Hall, 120 Main Street 7:00 PM Abbey Lane, Plot Plan for Proposed Swimming Pool Alternative B at 7 Abby Lane in North 91 Andover, Mass. Dated May 10, 2013, Urbelis & Fieldsteel, LLP letter dated June 20, 2013 RE: 92 North Andover Land Corp. v. Louis Napoli, et al, 6/18/2013 draft meeting minutes. 93 3