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HomeMy WebLinkAbout2001-06-19Planning Board Meeting June 19, 2001 APPROVED 7/10/01 Members Present: Alberto Angles, Vice Chairman Richard Nardella, Clerk Alison Lescarbeau Richard Rowen Staff Present: Heidi Griffin, Planning Director Jacki Bye?ley, Planning Assistant The Planning Board Meeting of June 19, 2001 was called to order at 7:19 p.m. Discussions: Osgood Hill-Kettenback Property Inlbmml Discussion Mr. Mike Kettencback described the project and how it could be build with the density. The project has 1100 feet of lake frontage with the possibility of and age restriction with 55 years and older. Mr. Kettenback stated that a condominium association would be assigned to each lot. The lots are 400 feet from the lake. Mr. Kettenback asked the Planning Board's opinion in regards to the condominiums. Mr. Rowen would like to see a Planned Residential Development over a Definitive Subdivision. Mr. Kettenback stated that the restriction of 55 years and older would be more of a marketing issues rather than a Planning Board issue. Sewer would go down to Osgood Street. The road would he private and maintained by the condominium associations. Mr. Nardella stated that it keeping the road private may work for the present but there is the possibility of owners coming to Town Meeting in the future requesting the Town provide services and maintain the road. Mr. Kettenback stated that he would place a restriction within the owners deeds stating that the owners could not come before the Town requesting Town services. Mr. Nardella questioned the frontage? Mr. Kettenback stated that it would the 150 ft required. Mr. Kettenback stated that he had fee ownership of the land to build the roadway into the condominiums. Ms. Lescarbeau wanted to know the grade? Mr. Kettenback stated that it would be about 6%. Mr. Angles asked whether the project was within the watershed district? Mr. Kettenback stated that the road would not be located within the watershed district. Mr. Rowen suggested that the applicant involve the trails committee. Mr. Kettenback stated that the land was contiguous with Town land and there is access to the possible open space from Town land. Mr. Nardella again question the roadway and with the possibility of future complaints to have the road built to Town specs now rather than mn into a problem later. Mr. Kettenback stated he would look into making the beginning of the road a public way to allow for the possibility of abutting properties developing their land. Mr. Kettenback also agreed that the road be build to Town specs. Ms. Lescarbeau questioned the time frame of a formal filing? Mr. Kettenback hoped to come in front of the Planning Board sometime in August. Jerad Place-Subdivision Update Ms. Griffin informed the Planning Board that a letter had been sent out to Mr. Grifoni regarding the paving of Sunset Rock Road. Mr. Grifoni stated that he had retained the services of Heffron Asphalt Corp to complete the paving by August 10, 2001. Mr. Nardella questioned whether there were sidewalks? Mr. Grifoni believed that part of the money posted in his bond was released to him and a portion to the sidewalk fund. Mr. Grifoni also informed the Board that the granite had been waived at the request of the residents. Ms. Lescarbeau asked whether there were any major problems or concems with the subdivision? Mr. Grifoni stated that he wasn't aware of any but Lot 15 had a drainage problem, which was not what Mr. Grifoni developed. Mr. Grifoni was the developer of the roadway not the houses. Lawrence Airport Industrial Park-Preliminary Industrial Subdivision Mr. Tim Sheehan representative for Enterprise Commission described the site to the Planning Board. It is 41 acres; the Enterprise Commission has received 1.75 million dollars in public funds for the roadway, sewer, and utilities. North Andover and Lawrence will share the revenue with $62,000 being paid to North Andover for an annual compensation of cost to the Town. Mr. Harold Flight of Gale Associates, the consultant for the Enterprise Commission, stated that the site consisted of 33 acres of upland and 8 wetland. There are 26 acres of contiguous building area. Clark Street would be the aCcess road into the site, which would eliminate the cul-de sac. A deed easement would be required from the airport for access to the site currently no approval or denial has been received in that regards. The site is proposed to be four lots with lots 3 & 4 being created through an ANR plan. The rear two lots require frontage. There would be a shared info structure. The site is zoned Light Industrial District with no overlay district. It meets the requirements of 80,000 SF. The proposed parking is oversized for what is required. The industrial park would be 10% retail with 90% warehouse. The access is a non-residential street and the applicant is requesting a waiver to the sidewalk requirements. Sewer would be brought it separately, the forced main is privately owned. The recharge basins are presently at a 2.5:1 slope but they believe they can get the 3:1 required if not they may ask for a waiver to the requirement. Mr. Nardella question whether a set back waiver would be requested in regards to Lot 2? Mr. Flight stated that on the definitive plan the building would be moved back. Mr. Nardella questioned who would be providing the services to the site? Mr. Shaheen stated that the Town Manager and Lawrence Mayor discussed that services would be provided by the Town of North Andover and that was why the town was compensated $62,000 plus splitting the tax revenue 50/50. Mr. Shaheen informed the Planning Board that the agreements still needed to be approved by the Department of Revenue. Ms. Griffin questioned whether a non-airport use would be have to be approved by the FAA? Mr. Shaheen stated that a release request has been made for the non-airport use. An agreement needs to be made between the Enterprise Commission and the Airport Commission regarding a lease. Mr. Rowen question whether an ramp could be constructed for service from Route 495? Mr. Shabeen stated that that proposal would not be feasible at this time because the property is not desirable enough and the extra cost of the ramp would bottom out the market. Mr. Nardella questioned what the intended uses were for the subdivision? Mr. Shaheen stated that the Enterprise Commission, which consisted of official from both Lawrence and North Andover, had not finalized the uses yet but believed it would be light industrial. Mr. Nardella questioned how the Enterprise Commission agreed upon the amount of $62,000 when they did not know what the uses were? Mr. Shaheen stated that had figured the amount on a square foot bases for build out of the site. Mr. Nardella requested that the North Andover Town Manager be present at the next meeting to discuss the calculation and the intended uses. Robert Michaud of Vai stated that a traffic study will be done for the project and presently they were working on meeting the obligation of whether a traffic signal was required at the intersection of Holt Road and Route 125. Mr. Shaheen stated that a traffic signal had been placed in the budget. Mr. Angles requested that the applicant come to the next Planning Board meeting to further discuss issues with the site. Decisions: 740 Turnpike Street-Site Plan Special Permit Mr. Nardella suggested that the Building Commission memo and the memo fom~ Michael D Howard be attached to the decision for reference. Ms. Lescarbeau suggested that 2b "During contruction, the site must be kept clean and swept regularly." be changed to 19. Mr. Nardella stated that #7 "In an effort to reduce noise levels, the applicant shall keep in opt'unum working order..." be made more specific. Mr. Rowen motioned to APPROVE the Site Plan Special Permit for 740 Turnpike Street as amended, 2aa by Mr. Nardella, voted 4-0 in favor of the motion. Riverbend Crossing-Greene Street-Planned Development District Special Peru-alt Attorney Mark Johnson showed the Planning Board a copy of the restriction of use that would be within the Master Deed. Mr. Nardella suggested that were it is stated "intended" should be replaced with "shall". Mr. Nardella also stated that (b) "This community is intended for occupancy by persons 55 years of age and older" should be deleted from the restriction. Mr. Nardella instructed Ms. Griffin to add the Restriction of Use to the decision. Mr. Nardella also requested that a mitigation clause be added to the decision. Mr. Nardella motioned to APPROVE the Planned Development District Special Pem~it as amended, 2nd by Mr. Rowen, voted 4-0 in favor of the motion.. Continued Public Hearings: Delucia Wa¥-Def'mitive Subdivision Attomey Johnson stated that at the last Planning Board meeting the Board was concerned with the Building Commissioners letter regarding the parking of the existing structure. Attorney Johnson claimed that according to the Zoning Bylaw the use would still be non- conforming. 4 Ms. Lescarbeau questioned that taking land away from the structure would not make the lot more non-conforming? Attorney Johnson stated that taking land away does not trigger a change in the conformity according to the Zoning Bylaw. Mr. Nardella questioned whether sidewalks were to be constructed? Mr. Chfistiansen stated yes. Ms. Lescarbeau suggested that the Planning Board requested that the parking possibly change while the opportunity presents itself. Mr. Ctu'istiansen stated that if the Planning Board wanted more parking there was the capability to place more parking if that is what the Planning Board wanted. Ms. Lescarbeau stated that she wasn't sure whether more parking was needed but wanted the option left open at the moment. Ms. Lescarbeau stated that she would drive by the site to have a better idea of what could be needed. Ms. Griffin stated that she had received an email from John Simons requesting that the hearing be left open until he was present. Mr. Nardella motioned to CONTINUE the Public Hearing for Delucia Way Definitive Subdivision, 2na by Mr. Rowen, voted 4-0 in favor of the motion. Decision: 1070 Osgood Street-Chao Praya Restaurant-Site Plan Special Permit Mr. Nardella instructed Ms. Griffin to add under Findings of Facts in the decision that the basement shall only be used for storage purposes. Ms. Lescarbeau stated that # 3 in Finding of Facts should only read the first line. Mr. Nardella instructed Ms. Griffin to specify the reducing of noise levels. Mr. Nardella motioned to APPROVE the Site Plan Special Permit for 1070 Osgood Street as amended, 2na by Ms. Lescarbeau, voted 4-0 in favor of the motion. Continued Public Hearings: Lot F Flagship Drive-Site Plan Special Permit Mr. Chris Huntress of Huntress Associates stated that he had provided the Planing Board with the height, lighting, cross section to residential and industrial. Mr. Huntress stated that VHB's recent comments show they are satisfied with the plans. Mr. Mark Gross of MHF Design showed the Planning Board that the tree massing will be a better buffer to the residential units and a portion of the tree buffer would be to the industrial abutters also. Mr. Gross also reassured the Board that no HVAC units would be placed on the roof. Mr. Nardella questioned whether cutting and leveling of the site would need to be done? Mr. Gross stated that the site would need to be brought down to level with the street grade. Mr. Nardella question how much material would be removed? Mr. Gross said that it should be about 6-8foot cut. Mr. Gross stated that the retaining walls in the back would be maintained with the existing tree buffer. The foundation would be first then grading and paving with the retaining wall as the high point. Mr. Gross stated that they would be using the best management practice with haybales, etc. Mr. Nardella stated that if construction happens in the rain it would be a difficult site to work with. Mr. Gross stated that three catch basins are proposed with rip rap. Mr. Nardella instructed Ms. Griffin to look over the old decision and possible incorporate some of that infomlation into this decision. Mr. Rowen motioned to CLOSE the Public Hearing for Lot F Flagship Drive Site Plan Special Permit and instructed Ms. Griffin to draft a decision for the July 10, 2001 meeting, 2nd by Ms. Lescarbeau, voted 4-0 in favor of the motion. Discussions: Lot 1 Dale Street-Watershed Special Permit Extension Mr. Nardella commented from a letter received by the applicant that the letter stated that substantial work had been done on the site, which should nullify the need for an extension but the applicant preferred to have on record an extension. Mr. Rowen motioned to GRANT a one-year extension to Lot 1 Dale Street Watershed Special Permit to expire on July 14, 2002 with the acknowledgement from the Planning Board that they believed that substantial work had been done to the site, 2ncl by Ms. Lescarbeau, voted 4-0 in favor of the motion. Ms. Lescarbeau excused herself from the Planning Board Meeting at 9:30 p.m. Berdngton Estates-Definitive Subdivision Mr. Rowen motioned to GRANT a one-year extension for Berrington Estates- Definitive Subdivision to expire on July 14, 2002, 2~d by Mr. Nardella, and voted 3-0 in favor of the motion. Continued Public Hearings: Red Gate Pasture-Definitive Subdivision Court Remand Mr. Ben Osgood Jr. informed the Planning Board that an agreement was made between himself and Jim Rand regarding the stabilization of the slope. Mr. Rand stated that the trees would clog and a rip rap swale would be on the surface with a catch basin at the top of the slope. Mr. Rowen questioned who would do the cleaning and maintaining? Mr. Rand stated that it would be cleaned and maintained through the standard maintenance policy. Mr. Rand stated that a blanket of rip rap covered with loon and seed would help hold the hill and would help prevent the break out of water. Mr. Rand stated that this was an older method of controlling the weepage but it works sufficiently. Mr. Rand stated that on the hill something with roots would need to be planted to add friction to hold the slope. Mr. Osgood Jr. stated that swales would be at the base and the overflow would be directed offsite of into the drain. Sub-drains would not be going over the roadway. Mr. Rowen does not want to see water crossing over driveways. Mr. Rowen suggested that extra catch basins be placed to prevent water crossing driveways. Mr. Osgood Jr. stated that the sub-drains would prevent bleed out. Mr. Angles question the placing of the detention pond out front? Mr. Osgood Jr. stated that vegetation and meshing would be placed to mask the detention pond. Mr. Nardella questioned whether something would be placed to prevent debris from the street from blowing into the detention pond? Mr. Osgood jn stated that the different size planting would be placed in the front to help catch the debris. Mr. Nardella suggested that Mr. Osgood Jr. work with Ms. Griffin for cover of the detention pond. Mr. Rowen suggested that the roadway be built more as a driveway so the detention pond could be made smaller. Mr. Rand stated that was no possible because of the plow trucks would need a larger roadway to turn around. Mr. Osgood Jr. stated that the proposed roadway was 24 ft. Mr. Osgood Jr. stated that a waiver will be requested for the sidewalk requirements. Mr. Nardella stated that a donation would need to be made to the sidewalk fund if the waiver were granted. Mr. Steven Cyr an abutter to the development question whether it was common to have the detention pond higher than the road level? Mr. Rowen stated that yes it has happened before. Mr. Cyr questioned the elevation to his basement? Mr. Osgood Jr. stated that with larger storms it discharges out. The berm would be designed as a dam being 8 feet wide and 3:1 on the side. No clay barrier will be in place, the design is to recharge. Mr. Cyr stated that there is a drainage problem in the neighborhood creating swales would case rapid water movement in the dam. Natural storage will bring the water over the street. Mr. Cyr stated that he would have his own engineer review the plan but he didn't see how it could work. Mr. Cyr stated that it may work on paper but when an actual storm happens he didn't think it would work. Mr. Osgood Jr. stated that the draihage would work and has at the Abbot Village Subdivision. Mr. Osgood Jr. stated that the waterquality pond is 2 feet above the water table for the pond to stay dry and 2 feet of soil will treat the septic. It would then collect the water then drain out, which would enable it to be mowed like at the Rocky Brook Subdivision. Mr. Mekel an abutter to the development questioned whether he would get less water mn off from the hill? Mr. Rand stated that the surface water is to be directed to the ground and the volume is showing lower except in the 100-year storm. Mr. Nardella motioned to CLOSE the Public Hearing for Red Gate Pasture Definitive Subdivision Court Remand and instructed Ms. Griffin to draft a decision for July 10, 2001, 2nd by Mr. Rowen, and voted 3-0 in favor of the motion. Discussions: Pond Street/Bradford Street Informal Discussions ANR Plan Mr. Robert Griffin of Griffin Engineering Group, LLC informed that Planning Board that as the plans are laid out at the moment it is 15 lots, which are split into two zoning districts. The lots proposed on Pond Street are 1 acre and 2 acres on Bradford Street. Four of the lots are proposed to be pork chop lots. Mr. Griffin stated that special perm/ts would need to be issued for common driveways and 4 frontage exceptions to lessen the disturbance of the land. A permit from the state would be required for curb cuts to install driveways on Pond Street. A portion of the lots is in both North Andover and Boxford. Both towns require a 100-foot buffer zone. Mr. Griffin stated the grade is showing at a 3:1 through aerial maps. Single-family homes are proposed. Sewer would be along Pond Street, forced main up Bradford and they would be working with Conservation and Mass Highway. Mr. Nardella questioned whether it met the contiguous building area? Mr. Griffin answered yes. Mr. Nardella whether the placement of the driveway? Mr. Griffin stated that they would need to disturb the slopes so a special permit would be required and that the driveway would be 75 feet from the wetlands. Mr. Nardella informed Mr. Griffin that a special permit is not granted by right a need has to be demonstrated to receive a speCial permit. Mr. Griffin stated that lots 1-5 are on a sharp curve and some grading will need to be done for the site. Mr. Griffin stated that there is no way to access some lots from Boxford. Mr. Nardella questioned which town the property taxes would be paid to? Mr. Bellimeau of Town and Country Homes stated that he would look into the tax situation. Mr. Rand questioned if the proposal was located within the watershed district? Mr. Griffin answered yes. Mr. Rand questioned whether the sewerage pumping station would be public or private and where the service area would be located? Mr. Griff'm stated that it would be a public station located on one of the proposed lots. Mr. Nardella stated that applying for a definitive subdivision and creating the roadway might be a better option. Mr. Nardella questioned whether wetlands would need to be crossed? Mr. Griffin stated no. Ms. Griffin informed Mr. Griffin that crossing wetlands was one of the reasons why special pemfits were granted. Mr. Rowen stated that there can not be more than two contiguous lots created. Mr. Griffin stated that lot 10 could be extended to the rear to prevent the contiguous lots. Mr. Nardella stated that whom ever gets the revenue from taxes would supply services to the lots. Mr. Rowen suggested that a road be built for access to lots 14, 15, & 17, possibly something other than a full spec roadway. Ms, Griffin suggested that the applicant come up through lot 15, make the upper portion 3 lots as a subdivision and sacrifice lot 6. The Planning BOard suggested that the applicant lessen the lot amount to require less special permits and look into a subdivision instead. Hawk Ridge-PDR Special Permit-Bond Release Mr. Nardella motioned to RELEASE all remaining bond money held for Hawk Ridge PRD Special Permit, 2nd by Mr. Rowen, voted 3-0 in favor of the motion. 9 Hawk Ridge-Subdivision-Bond Release Mr. Nardella motioned to RELEASE all remaining bond money held for Hawk Ridge-Subdivision, 2nd by Mr. Rowen, voted 3-0 in favor of the motion. Salem Forest W-Partial Bond Release Mr. Nardella motioned to a partial bond release for Salem Forest IV Subdivision of $50,000.00 leaving a balance of $30,700.00, 2nd by Mr. Rowen, voted 3-0 in favor of the motion. The Planning Board endorsed lots 2,3,4,5,6,7,8 for Long Pasture Subdivision. Mr. Nardella motioned to ADJOURN the Planning Board meeting of June 19, 2001 at 10:55 p.m., 2na by Mr. Rowen, voted 3-0 in favor of the motion. 10