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The "Minutes of the Meeting", May 2, 2000
North Andover Planning Board
Minutes of the Meeting, May 2, 2000
Planning Board
Location: Department of Public Works, 384 Osgood Street,
North Andover, MA 01845
The Planning Board held a regular meeting on Tuesday evening, May 2, 2000 at
the Department of Public Works. The following members were present: Ms.
Alison Lescarbeau, Chairperson; Alberto Angles, Clerk; and William J.
Cunningham; Please note: John Simons arrived at approximately 7:30PM,
Richard Rowen and Richard Nardella arrived at approximately 8:PM. Ms. Heidi
Griffin, Town'Planner; and James Rand, Director of Engineering, were present.
Ms. Alison Lescarbeau, Chairperson called the meeting to order at approximately
7:10PM. Ms. Lescarbeau explained the procedure of the meeting to the public
assembly and stated that agenda items would be taken as follows:
· items under discussion
· public hearings
· continued public hearings.
DISCUSSION ITEM: ·
Abbott Villa.qe, Form A & Modification Plan.
Mr. Benjamin Osgood, Jr., wes present to represent himself and' stated that he
had presented two sets of plans last week tothe Planning Dept., however, one
set of the form A plan had indicated a new easement. Mr. Rand, Engineer,
stated that he looked at the documents and stated that they are "ok". The other
set of plans of a sub-division modification met the requirements of the approval of
the Board and the Board stated that they will sign the plan. Upon a motion made
by John Cunningham and 2nd by Alberto Angles the Board voted to sign Form A
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The "Minutes of the Meeting", May 2, 2000
North Andover Planning Board
for Abbott Village, voting in favor:: Ms. Lescarbeau, Alberto Angles, William J.
Cunningham. ~
DISCUSSION ITEM:
Bond Release, 102 S. Bradford Street.
The petitioner, Scott Talbot, was present to represent himself tonight. The
B°ard had a bdef discussion of the issue of releasing a bond of $500.00 for 102
S. Bradford St. Upon a motion made by Alberto Angles, and 2nd by William J.
Cunningham, the Board voted to release performance guarantee funds
(bond/funds) relative to 102 S. Bradford St., voting in favor: Ms. Lescarbeau,
Alberto Angles, William J. Cunningham.
DISCUSSION ITEM:
Huckelberry Lane.
The Board had a brief discussion regarding Huckelberry Lane and upon a motion
made by Alberto Angles, and 2nd by William Cunningham, the Board voted to
recommend favorable action to accept Huckelberry Lane at the Town Meeting in
May, voting in favor: Ms. Lescarbeau, Alberto Angles, William Cunningham, and
John Simon.
DISCUSSION ITEM:
Out country Fire Station.
William J. Scott, Director, Community Development, made a presentation and
handed out a document relative to a proposal for an "Outcountry' fire station.
The most critical.aspect of Fire/Ambulance Station is the relationship of the
response time to the population being served. Further criteria for.response time
is as follows:
· location of station.
· minimize servicing other communities thru location of station.
· location of safe access and egress from site,
· location of station to provide overlap of service.
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The "Minutes of the Meeting", May 2, 2000
North Andover Planning Board
Mr. Scott presented an overview detailing drawings and elevation plans for the
new fire station. Mr. Scott stated that the Johnson Street fire station does not
service "out country", therefore, another fire station is needed to do so. Mr. Scott
presented a bar chart to show the growth in number of single family homes by
decade built in this community (chart for the record). Mr. Scott stated that there
will be sufficient funds to build the newfire station, and made a request to the
Board to ask the Selectmen to requisition for acquisition of the land to build the
Outcountry fire station upon. Upon a motion made by John Simmons to
aCquisition the land to build an "out country" fire station, 2nd by Alberto Angles,
voting in favor: Ms. Lescarbeau, John Simmons, Alberto Aganles, and'William
Cunningham.
PUBLIC HEARING:
Berrin;Iton Place, North Andover.
Mr. Michael Mederos of Mesiti Development made a presentation to the Board,
Mr. Mederos presented to the Board a breakdown of the sub-division (handout
for the record) and stated that this is a reduction of 2% of impervious area. Much
discussion took place between the Board and Mr. Mederos regarding conflicts
with location and placement of roadways. Mr. Rand, Engineer, stated that he
would like to review any plans regarding any roadways that would require
assistance from the DPW. No one was present in opposition. Ms. Lescarbeau
stated that this plan should go to Con/Corn for review and also for a review by
VHB before any decision is made tonighL Upon the suggestion by Ms.
Lescarbeau to the Board, the agreement was unanimous to continue until the
applicant received a review from VHB and DPVV.
PUBLIC HEARING:
814 Osgood Street.
Mr. Kurt Young was present to present tonight. Mr. Young stated that this is a
project to expand the home at 814 Osgood St., and the project is a 2 story
addition and a screened porch located on Foulds Terrace and Osgood Street. A
letter was submitted by Mr. Rand, Engineer, regarding a wetland issue and the
type of flow and runoff of water (letter for the record). No one was present in
opposition. Ms. Lescarbeau asked if the petitioner needed a Title 5 inspection?
Ms. Griffin stated that a previous submittal was on file with the Health Dept.
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The "Minutes of the Meeting", May 2, 2000
North Andover Planning Board
Upon a motion made by John Simons to close the public hearing and 2nd by
Alberto Angles, voting in favor: Ms.. Lescarbeau, John Simons, Alberto Angles,
William Cunnningham.
Ms. Lescarabeau stated some conditions when drafting the decision regarding
and rewrite and editing is required such as: Strike the word "sewed and keep lA
and say that the septic is "ok" and that prior certification is on file, the increase
run off will be treated by best management practices, and that the hay bales will
be on mature soil and any impurities will be bleached out.
PUBLIC HEARING:
357 Dale Street.
Mr. Benjamin Osgood, Jr. was present to represent Mr. Fred McCarthy, resident
of 357 Dale Street. Mr. Osgood made a presentation stating that the garage was
located on the back of the property and has been torn down. The previous
garage will be replaced with a more modern garage. The previous garage which
is about 30' from the edge of the wetland will be replaced by the new garage
which will be 51' from the wetland. Mr. Osgood stated that Con/Com has
approved the plan that Mr. Osgood is presenting tonight. Mr. Osgood stated that
a Farmer's porch will also be added to the structure and that a septic system is
located on the property.
Mr. Rand, Engineer, stated that the DPW reviewed the site and is in favor and
has no opposition to the plan.
Ms. Lescarbeau stated that some conditions and revision and editing should be
made to the decision such as: look at section'nC" on the document and make
sure that the foot pdnt is smaller and review erosion control and indicate that
double hay bales are required. No opposition was present.
Upon a motion made by John Simons to close the public hearing, and to approve
a Special Permit with the amendments stated tonight, 2nd by Williarr}
Cunningham, voting in favor: Ms. Lescarbeau, John Simons, Willliam
Cunningham, Richard Nardella, Richard Rowen.
CONTINUATION from last months Planning Board meeting: A brief update
on Form A Plan of Campbell Forest subdivision was presented. Mr. Ahem was
present tonight to present a plan to the Board for the Board's signature. The plan
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The "Minutes of the Meeting", May 2, 2000
North Andover Planning Board
contains new 10t lines which are indicated on the plan. Mr. Rand, Engineer,
submitted a report dated: 5/2/2000, from the DPW to Ms Griffin, Town Planner,
subject: Eagle Tdbune addition (report for the record), Mr. Joe Hanlon, of VHB
presented a request to extend the public headng for the Eagle Tribune until June
20, 2000. At this time the Planning Board meeting resumed and heard the
following public headng petitions.
PUBLIC HEARING:
Proposed re-zoning of Forgetta Land.
Mr. Michael Howard was present to represent the Forgetta family and submitted
a request for a warrant article to re-zone a portion of the Forgetta farm. Mr.
Howard pointed out a type-o on the warrant article stating that the B-ldistdct
should have read the B-3 district. Mr. Enrica Silva was present to make a
presentation and to state the rationalization that was behind the request to
rezone from I-2 to B-1 and B-3. Mr. Silva stated that he wanted to consolidate
many businesses because he wished to locate them in a convenient area and
utilize the appropriate use of this land in this town in order to do so.
Mr. Nardella asked why B-3 is better than B-27 Mr. Silva stated that the
neighborhood needs to be id'd to allow to consolidate all businesses together
and allow for a particular kind of development to be developed at once, and set
backs are further back from the street in B-3. Much discussion took place
between the Board and Mr. William Barrett, Barrett Homes, regarding why B-3 is
better suited for the area than B-2. Mr. John Simons stated that he had a
problem with approving a new B-3 district because he has not been told what will
be actually placed on the land. Mr. Thomas Zahoruiko a former contractor,
stated that the people who live in the Forgetta farm area offof Rte. 125, in town,
need and want the services offered in that particular area of town and he and
they feel that B-3 is the correct zone to obtain these services.
Ms. Lescarbeau made a motion to the Board to take a look at the B-3 district and
familiarize themselves with the permitted zones, therefore, advising the Board
that they will have to make their vote before the Town Meeting takes place.
Mr. Howard stated that he is willing to make a list of things permitted in the B-3
district and will submit via fax the list to Heidi Gdffin for Heidi's perusal. The
Board accepted Mr. Howard's offer of the list.
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The i'Minutes of the Meeting", May 2, 2000
North Andover Planning Board
PUBLIC HEARING:
Zoning propoSal to Section 7.1.2 of the Zoning Bylaw.
Mr. Ken Ahearn was present to represent Mr. Lou Minicucci. Mr. Ahem
explained the curb line located on the plan of land drawn by Mesiti Development.
The Board discussed minimum width and that the petition by Mr. Minicucci,
should be submitted to change the minimum width from the 100' wide, to 80'
wide. Mr. Minicucci and Mesiti Development would like to state that they would
like something done legally to change Section 7.1.2 of the bylaw regarding the
minimum width from 100' to 80'. The following was suggested to the Board: This
requirement shall apply in all zones except Residence 4 (R-4) and Village
Residential (VR) for zone R4, said minimum width of the lot shall be a distance of
80 feet and for zone VR, said minimum width of the lot shall be a distance of 80'
or to take any other action relative thereto. No opposition was present.
Mr. Ahem agreed to submit a letter to the Planning Board pdor to Town Meeting
guaranteeing that no more lots would be subdivided at the Forestview
Subdivision if this zoning amendment was approved at Town Meeting. The
Board stated they would make a recommendation on this proposal prior to Town
Meeting.
PUBLIC HEARING:
Lot 2, Milk Street.
Mr. Chris Huntress, Landscape Architect, was present to represent the
petitioners Pamela and Thomas Burkardt. Mr. Huntress made a presentation of
a plan of land for Lot 2, Milk Street and explained that the parcel contained a
barn that will be raised from the property ASAP. Lot 2, Milk St., has 3 times the
area needed to meet the required lot size for the R-3 Zoning District. The plan
for Mr. & Mrs. Burkardt is to develop a single family home on the property with an
in ground pool. A fence will be provided to the abutters on the Milk St. side of the
property. Mr. Huntress stated that the bylaws are vague regarding the screening
on the lot. Mr. Huntress stated that the lot has a contiguous street frontage of
50.33' and a width of not less than 50' at any point between the street and the
side of the proposed dwelling.
Mr. Nardella stated that he needs some language as to why the Board will
approve this request. Mr. Burkardt stated that he would like to know if this
request will be approved tonight because of the costs incurred by the Burkardt's
relative to Architect and building costs. Mr. & Mrs. Thomas Lamson, of 92 Heath
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The "Minutes of the Meeting", May 2, 2000
North Andover Planning Board
Road, were present and in favor of the Burkardt's petition. No opposition was
present.
Ms. Lescarbeau stated that Heidi Griffin will fax to Mr. Huntress her decision in
time for the next Planning Board meeting which is on May 16, 2000.
PUBLIC HEARING:
Boston Hill.
Paul Marchionda, Marchionda & AsSociates was present on behalf of the
petitioner. Mr. Marchionda presented an overviewof how the homes would be
laid out and how the roads would be laid out on the slopes of the Boston Hill
property.
Mr. Nardella asked if there is a construction plan as Mr. Nardella Would like
Marchionda & Associates to explain what will be build on first, the bottom of the
hill or the top of the hill. How is the hill protected from erosion control, etc? Much
discussion took place between the Board and Mr: Marchionda about erosion
control, the tension base area, and which will be established first.
Mr. Elmer Pease, developer, was present and stated that a construction
sequence plan will be submitted to the Board ASAP. Ms. Lescarbeau stated that
she would like the detention area to be kept away from the road because is looks
so bad.
Mr. Rand, Engineer, stated that there was a site review meeting with some of the
Planning Dept. and he stated they would like to also have an outside review
done. It was stated that Chief Dolan, N.A. fire dept. was concerned about Why
the roads located on the slopes did not connect to one another.
Mrs. Fink, abutter, was present and read a letter in opposition to this petition
(letter for the record). Mrs. Fink is in opposition because the Town voted in 1997
to divide this property into 3 sub-parcels and that a sub-division plan has existed
from 9 years previously.
Ms. Lescarbeau stated that the Board should do a site visit on a Saturday
morning, however, the Board would not be available on Saturday. Mr. Scott
asked for Mr. Marchionda to put stakes showing the final grade of the road, and
the Board agreed to do a site visit on May 17, 2000 (VVednesday) at 6:00PM.
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The "Minutes of the Meeting", May 2, 2000
North Andover Planning Board
Mr. Dermot Kelly, presented a traffic study to the Board and much discussion
took place as to weather the routing of the traffic entering Rte. 114 was a
reasonable assessment to ensure a safe traffic route.
Mr. VVillis, a resident of North Andover, was present and asked what the
standard was used for the traffic study? The Board asked if an extra lane could
be added from each direction on Rte. 114 to handle heavy traffic issues. Mr.
Willis asked the Board to deny this petition for a special permit because of the
unsafe traffic issue and was in opposition of this petition.
Mr. Peter Cardello, Johnson St. and Mr. Henry Fink, abuffer, stated that they
would like to know if the State was notified as the State is an abutter to Boston
Hill. Mr. Fink stated that he would like the contractor to have the road widened
by 10' or 14' in order to widen an increase the width Rte 114.
Heidi Griffin addressed some vadous issues raised by Mr. Fink and also raised
some issues regarding safety issues relative to road way turn around issues, and
safety issues regarding ice covered roads relative to fire and ambulance calls
relative to Boston Hill. Ms. Gdffin stated she would like VHB to explore the
feasibility of connecting some of the inner roads and the Board and Mr. Rand
agreed this would be prudent.
Ms. Lescarbeau stated that she will continue this meeting to the next Planning
Board meeting.
PUBLIC HEARING:
Zoning Amend to Sec. Of Zoning Bylaw (Berry St.).
Mr. Scott, Director of CDS, gave a presentation regarding the parcel to be
rezoned, (hand out for the record). This parcel is relative to Peter Hingorani,
Trustee of One Hundred Fourteen Trust, 51 Mount Joy Ddve, Tewksubry, MA,
Mr. Hingorani was present to speak on his own behalf tonight,
The Board stated that they wanted to have minimal design standards in relation
to Mr. Hingorani's plan. The Board asked Mr. Hingorani to eliminate 60 parking
spaces and eliminate another level of office floor going up in order to eliminate a
height elevation problem.
Mr. Hingorani presented a plan showing structures on the plan of land and
explained that he would arrange for parking to be placed on the lowest level of
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The "Minutes of the Meeting", May 2, 2000
North Andover Planning Board
the structure, therefore, reducing the height of the building in order to keep to
minimal design standards. No opposition was present. Upon a motion made by
Richard Rowan and 2nd by Richard Nardella, the Board voted to recommend
favorable action to rezone the V-R district to the B-4 District, the vote was
unanimous.
PUBLIC HEARING:
Zoning Bylaw (Amendment to Watershed Protection District).
Heidi Gdffin, Town Planner, made a recommendation to the Board relative to the
following: Ms. Gdffin stated this is the zoning proposal the Planning Board
drafted so that the Planning Board is able to waive the requirement of obtaining a
watershed special permit if an applicant 1. Does not go beyond the existing
footprint of the structure 2. Is on town sewer and 3. Will not change topography
of the land. Upon a motion made by Richard Nardella and2nd by Richard Rowan
the Board voted to approve Ms. Griffin's recommendations, the vote was
unanimous.
Upon a motion made by Richard Nardella and 2nd by Richard Rowan the Board
voted to adjourn the meeting, vote was unanimous, the meeting was adjourned
at approximately 11:30 PM.
By order of the Planning Board
ApProved by: Ms. Alison Lescarbeau, Chairperson
MIIPlanninq minutes
ORIGINAL