HomeMy WebLinkAbout2000-09-26Planning Board Meeting
September 26, 2000
Members Present:
John Simons
Richard Nardella
Alberto Angles
Others Present:
Heidi Griffin, Town Planner
Jacki Byerley, phaaning Assistant
The Planning Board meeting was called to order at 7:34 p.m.
Discussions:
Sidewalks along Route 125
Mr. Stephen Sakakeeny residing at Hickory Hill Road spoke to the Planning Board about
his petition to the Mass Highway Department to construct sidewalks along Route 125.
Mr. Sakakeeny then handed the plmaning Board Members a booklet illuming his
petition to the Mass Highway Department. Mr. Sakakeeny then pointed out that in the
booklet were three hundred signatures from residents in support of the proposed petition.
Mr. Sakakeeny then went on to say that with the upcoming Public Hearing for Endicott
Plaza Development that he was hop~g the Planning Board could intervene and see that
with such a large development that they should require other access from business to
business.
Mr. Sakakeeny went on to say that he lives quite close to the Butcher Boy Plaza but with
the set up of today he was unable to walk to the shopping plaza. Mr. Simons asked that
Mr. Sakakeeny work with the Planning Board to make the sidewalk access happen for the
community. Mr. Sakakeeny stated that he would help when he could and would like to
be kept informed of what was happening with his petition.
Mr. Nardella informed Mr. Sakakeeny that they would speak with the developer of
Endicott Plaza about possible sidewalks in the area. Mr. Simons went on to state that the
Planning Board was sympathetic to Mr. Sakakeeny and the eommtmities needs.
Teligent-Preliminary Discussions
Maura Sullivan a representative of Teligem informed the Planning Board that they would
pOssible like to co located at 300 Chestnut Street. Ms. Sullivan went on to say that the
Planning Board had recently approved a Special Permit for Sprint, from that decision she
wasn't sure if she should apply as a modification or as a new special permit application.
Ms. Sullivan then stated that the Zoning By law references wireless services and that
there set up is considered to be a common local exchange. Ms. Sullivan explained that
Teligent's antennae are point to point service they don't transmit like a wireless service
that blankets an area.
Ms. Sullivan also stated that they would be putting the receivers on 790 and 800 Turnpike
Street and questioned who the permitting authority would be.
Mr. Simons directed Ms. Sullivan to speak with Ms. CJrilTm for direction. Ms. Griffin
stated that she would need to look at the approved decision for 300 Chesmut Street to be
able to further assist Ms. Sullivan. Mr. Simons suggests that MS. Sullivan make an
appointment with Ms. C_aSt~m to clear up any confusion on what to apply for.
Forestview-Placement of Fencing
Mr. Pat Cone the developer of Forestview has come before the Planning Board to stated
that he had gone to the Building Department requesting to place a fence along hi,q
approved subdivision. Mr. Cone went on to state that he didn't need the Planning Board
approval because the fencing was going to be placed on the homeowners' property, he
was just here as a courtesy.
Mr. Cone went on to say that the fencing would run the course of Route 114. The
placement of fencing was to prevem children from running into the mad. Homeowners
were requesting the fencing and would be responsible for the maintenance of it.
Mr. Nardella didn't like the idea that the maintenance would be up to the individual
homeowner in case that the individual didn't wish to keep the fencing then it would be
visible from Rome 114 and to have a break in it wouldn't look pleasing.
Mr. Cone explained that he had looked into other placemem of the fencing but with the
no cut zone and the set backs if it were to be moved then the homeowners would have no
lawn.
Mr. Nardella suggested that with the Homeowners' Association something be added in,
to state that the fence would need to be maimained by the Association. Mr. Cone agreed
to look it to adding a provision into the Homeowners' Association.
Mr. Simons asked that Ms. Griffin write a letter to Mr. Cone to deposit $2000.00 into a
security account to insure that the fence would be up kept.
Form A-Thistle Road
Ben Osgood has applied for a Form A plan to an approved subdivision. The Form A plan
consists of 4 new lots created along Thistle Road and 4 lot line changes. Thistle Road in
not a bonded road yet, Mr. Simons asked that Ms. CnSff'm check with Town Counsel on
whether the Planning Board can approve an ANR plan without the mad being bonded.
Mr. Osgood suggested that a covenant be put on the 4 new lots being created so that they
can't be sold or released until he got a Bond Release, he could add this to his existing
covenant. Ms. GrilTm stated that a Form A could not be conditioned.
Mr. Angles wanted to know whether it would be considered to be a Modification to a
Definitive Subdivision or an ANR plan. Mr. Nardella agreed with the possibility of it
being a modificatior~
Mr. Osgood disagreed with it being a modification because the roadway was already
created and wouldn't be changing.
Mr. Simons wanted Ms. Griffin to go out on a site visit and speak with Town Counsel
and have the Fo[m A brought back in front of the Planning Board before an approval
could be made.
Public Hearings:
Revision of Subdivision Rules & Regulations:
Heidi Griffin, Town Planner opened the Public Hearing explaining the chronology and
revision made to the Subdivisions. Over the past year the Planning Board conducted
workshops. Within the past few weeks she had met with Town Counsel and other
Departments to get their input on the revisions. Sections 14 Ms. G-riff'm had drafted, the
second half of the construction specs Ms. Griffin had worked with Jim Rand of the DPW
and Ben Kruser of VHB.
Ms. Griff'm went on to say that Town Counsel had made a few comments about the
continu_a_nce of new streets and some towns are now requiring that two cul de sacs be
separate to aid the Police and Fire Departments. Also Town Coun~l suggested tb~at the
language be adjusted in the Section regarding Form A for Lot requirements referenced on
Page 14.
Ms. Griff'm went on to say that Mr. Jim Rand of DPW had some comments about the
detention basins and retention basins. Ms. Cndffin suggested having the retention basins
maintained by a Homeowners Association and add that to the Subdivision Rules and
Regulations. Also being added to the Sub Regs was when revision are made to the
proposed plans that a chart be added to any revised plans showing who requested the
revision, what they were, and the date made.
Mr. Nardella spoke about the 26 foot pavement width and keep that as a constant in the
Sub Regs but the Planning Board will always have the right to come down on the width.
Mr. Simons agreed that in some instances a 26 foot roadway would be too much and that
the Planning Board should have the right to come dorm. Mr. Kruser of VHB commented
that with a 22 foot roadway it would prevent people from parking on the sides of the
street because it would not be wide enough.
Ms. Griffin was going to be speak with Town Counsel on the section on Slopes to see
what was allowed by law to put in the Sub Regs. Mr. Jack Devlin question why there
was no angle of slopes mentioned. Mr. Kmser stated that angles weren't inthe section
Mr. Devlin was reading but the angles were mentioned.
Mr. Devlin went on to say that other Town Departments such as the School Department
should start receiving copies of plans so they could comment on the busing. Ms. CnSffin
informed Mr. Devlin that on page 14 Section 4.4 requests that the applicant get a sign off
from other departments stating that they had received the plans. Mr. Ben Osgood a
developer stated that Section 4.4 goes against the statute that states only the Town Clerk
needs to receive a copy of the application.
Mr. Osgood went on to say that the Planning Board cannot require the applicant to
deliver plans to other departments. Mr. Osgood wanted the wording changed so that it
did not read that the Planning Departmem would not accept the application without other
departments signatures. Mr. Osgood went on to say that some times it was too hard to
get in touch with the department head and didn't want to be held responsible for making
sure the plan.q were reviewed by them. Ms. Gfiff'm informed him that the intent was to
deliver the plans to the department and get a signature from a representative of the
department whether it be the department head or secretary. Ms. Griffin went on to say
that the applicant didn't have to make sure the department reviewed the plan.~ but that
they had received a copy of them. Ms. Cjfiffin stated that stale law requires applicants to
file a copy of the plans with the Town Clerk, but that doesn't mean the Town can't
require through their regulations that the applicant file a copy of their plans with other
departments.
Mr. Kruser moved the discussion over to the traffic study Section 6.7.2. Mr. Nardella
wanted to know if the Section reads whether the traffic study was discretionary or if the
Planning Board had the ability to change if they disagreed with what the traffic study
said. Ms. Griffin was going to look into a change to the Section.
Mr. Kruser stated that he had consolidated different streets into three types now. Mr.
Km.wr also spoke about the granite edging and vertical granite curbing stating that that
had been placed in at the request of DPW. Mr. Kmser stated that the vertical curbing
would be over 6% at the street comers.
Mr. Kruser went on about the Appendices and had added some figures. Also the utility
location had change so that the whole street wouldn't have to be dug up for repairs.
Mr. Devlin wanted the Appendices to have something stating the requiremems of Fim
Sprinklers. Mr. Kruser informed Mr. Devlin that Fire Sprinklers were a building
requirement not a subdivision requirement.
Mr. Tom Zahoruiko a developer stated that it was a large document and would like more
time to review the changes and the financial impact it would have on the developers and
the homeowners. Mr. Zahomiko pointed out a few of the changes stating that the way it
was written now 86% more asphalt per foot would be added by increasing the road
thickness to 5 IA inches. Mr. Kruser informed Mr. Zahomiko by increasing the roadway
and the binder coat to 2 in. this would enable the consh~action vehicles to travel on the
road and would last throughout the construction course.
Mr. Zahomiko then pointed out the granite curbing and suggested that by making it all
granite it would make the area look mom like a city instead of rural setting that he
pictures North Andover to look like. Also Mr. Zahoruiko commented that with granite
vertical curbing this would increase the expense. Mr. Kruser informed Mr. Zahomiko
that veriteal curbing wasn't throughout and there was transition edging to the curb not
the driveways and this would help the snow plows.
Mr. Zahorulko complained that the price of developing an area would increase
substantially. Ms. Crrift'm questioned the reasoning behind the increase stating that the
developer would mm the price over to the home owners and the increase from the
average home of $330,000.00 to $350,000.00 would benefit the home owner by making
the roads last longer.
Mr. Osgood pointed out that in the narrative it states gravel back fill and the cross section
states something different. Mr. Osgood informed the Planning Board that putting the
requirements into the Subdivision Rules and Regulations that the Town would have to
adhere to the same standards.
Mr. Nardella went on to say that the requirements are changing to make the Town last
with as little repairs as possible. Mr. Nardella explained to the developers that the
problems are with the specs not with the developers and the adjustment had to be made to
them to make the Town better. Mr. Devlin agreed that the he wanted the Town to last for
his children and that the Plannin~g Board was acting on behalf of the furore and existing
residents.
Mr. Zahoruiko also agreed that he would like the Town to last but was hoping them could
be a middle ground to please all involved.
Mr. Osgood commented that with the revised regs it give all the power to an outside
consultant and not the Planning Board. Ms. Caiffin informed Mr. Osgood that the outside
consultant was there to advise not to enforce.
5
Ms. Griffin suggested that with the time already spent at the Public Hearing that another
meeting be set up that would be more productive with representatives from the Planning
Board, Developers, Residents, DPW and Town Counsel get together to speak in more
detail about certain poims. The Planning Board wanted the meeting to happen as quickly
as possible because the Subdivision Rules and Regulations had been through numerous
workshops within the past few years and that they wanted to adopted them in at one of
the upcoming m~ings.
A meeting date was set for October 4 at 10:00 a.m. at the DPW conference roon~ Mr.
Zahomiko and Mr. Osgood agreed to represent the developers. Mr. Nardella and Ms.
Lesearbeau would be there for the Planning Board along with Town Counsel, the Town
Planner and Assistant and Ben Kruser from VHB. Mr. Devlin would represent the
residems and Jim Rand for DPW.
Mr. Angles motioned to CONTINUED the Public Hearing on Revision of
Subdivision Rules and Regulations until October 17, 2aa by Mr. Nardelia. Voted in favor
of 3-0.
Bond Releases
Mr. Nardella motioned to RELEASE all remaining funds from Lost Pond Lane
totaling 13,600.00, 2~ by Mr. Angles. Voted in favor of 3-0.
Mr. Nardella motioned to RELEASE all remaining funds from East Pasture
Circle totaling $3000.00, 2nd by Mr. Angles. Voted in favor of 3-0.
Mr. Nardella suggested holding over the release of partial funds from Woodland
Estates. Mr. Nardella wanted Ms. CnSffin to speak with Tim Willett of DPW to find out
why such high amount were going to be released.
Mr. Nardella motioned to ADJOURN the Planning Board meeting, 2~ by Mr.
Angles. Voted in favor of 3-0.
Respectfully submitted:
Alberto Angles,~le~k-