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
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Absent: R. Rowen
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Staff Present: J. Tymon, J. Enright
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Meeting began at 7:00pm.
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BOND RELEASE
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254 Great Pond Road: Nancy Leland requests release of a $4,000 performance bond.
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J. Tymon: This project was for a Watershed Special Permit to construct a new home. The
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project is complete, a site visit has been conducted, and an as-built has been submitted.
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Recommend release of all remaining performance bond funds for 254 Great Pond Road.
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MOTION
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A motion was made by L. Rudnicki to release the $4,000 performance bond with the accrued
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interest for 254 Great Pond Road. The motion was seconded by M. Colantoni. The vote was
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unanimous, 5-0.
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POSTPONEMENTS
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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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CONTINUED PUBLIC HEARING, 0 Great Pond Road (Map 35 Lot 4): Application for a
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Watershed Special Permit. Applicant seeks to construct a single family dwelling with
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appurtenances on a presently undeveloped, buildable lot.
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PUBLIC HEARINGS
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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: There are no open issues. L. Eggleston’s review is complete and all comments have
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been responded to and resolved.
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J. Simons: Confirmed that the topography is not like the last lot that was recently reviewed and
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that there will not be much cutting and filling required or land clearing.
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Bill MacLeod: Reviewed the topography of the lot with the Board. The shed that crosses the
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property line will be removed. The utility lines will be run adjacent to the driveway to limit the
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clearing.
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MOTION
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A motion was made by D. Kellogg to close the public hearing for 1665 Great Pond Road. The
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motion was seconded by L. McSherry. The vote was unanimous, 5-0.
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A draft Notice of Decision was reviewed.
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MOTION
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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
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Pond Road as outlined in the Notice of Decision as amended this evening. The motion was
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seconded by M. Colantoni. The vote was unanimous, 5-0.
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DISCUSSION
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Ricardo Dube, 7 Abby Lane: Requests relief from 50 ft. setback for construction of an in-ground
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pool with landscaped screening.
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J. Tymon: Seven Abby Lane is part of Autumn Chase subdivision. This is a Planned Residential
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Development which requires a 50’ buffer from the parcel boundary. The owners would like to
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install an in-ground pool 36’ from the rear lot line. There is a reference in the subdivision
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Decision to the 50’ buffer. The reference is related to a waiver granted for Lot 16. The 50’
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buffer is not shown on the plan. The Open Space is behind the lots on the other side of the street.
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Abby Lane does not abut the Open Space. There would be added landscaping and screening to
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the property as well.
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J. Simons: We have to decide if this compromises the whole concept of the buffer zone which is
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in the Bylaw. If this exemption was requested prior to the subdivision approval the answer
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would be no. Stated he was not sure the Board has the authority to waive the 50’ buffer and that
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the neighbor has no idea this is being requested.
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Ricardo and Paula Dube, 7 Abby Lane: Reviewed a plot plan with proposed added screening
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and pictures of the existing property with the Board. Stated that if the 50’ buffer was maintained
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the pool would be approximately five feet off the deck steps and that he did not want the pool
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that close to the deck steps because he has small children. The builder had told him that a pool
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would not be a problem prior to his home purchase and the 50’ buffer zone was not mentioned.
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L. Rudnicki: The request is even more than just the pool because of the surrounding paving and
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fence that will be installed.
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J. Simons: Discussion items are usually meant to deal with small, diminutive things that are
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more technical than substantive. It is not clear that this can be waived. The Bylaw says 50’.
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The sense of the Board is that the homeowners should discuss the issue with the Building
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Commissioner and that this may have to go before the Zoning Board of Appeals.
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MEETING MINUTES:
Approval of June 18, 2013 meeting minutes.
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MOTION
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A motion was made by L. Rudnicki to approve the June 18, 2013 meeting minutes as amended.
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The motion was seconded by D. Kellogg. The vote was unanimous, 5-0 in favor.
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ADJOURNMENT
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MOTION
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A motion was made by M. Colantoni to adjourn the meeting. The motion was seconded by D.
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Kellogg. The vote was unanimous, 5-0 in favor.
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The meeting adjourned at 7:35pm.
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MEETING MATERIALS: Agenda, Draft Decision ‘adjacent to’ 1665 Great Pond Road, 7 Abby
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Lane: Page 2 of 6 from the Autumn Chase Notice of Decision, Plan Cover Sheet Autumn Chase
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North Andover, MA, Plan of Lot 1 Autumn Chase North Andover, MA, Aerial view picture of 7
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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
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Andover, Mass. Dated May 10, 2013, Urbelis & Fieldsteel, LLP letter dated June 20, 2013 RE:
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North Andover Land Corp. v. Louis Napoli, et al, 6/18/2013 draft meeting minutes.
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