HomeMy WebLinkAbout2001-09-18Planning Board Meeting
September 18, 2001
Members Present:
John Simons, Chairman
Alberto Angles, Vice Chairman (7:30-7:40)
Richard Nardella, Clerk
Richard Rowen
Felipe Schwarz, Associate Member
Staff Present:
Heidi Griffin, Planning Director
Jacki Byerley, Planning Assistant
The Planning Board Meeting of September 18, 2001 was called to order at 7:15 p.m.
Discussions:
Celtic Way-Informal Discussion
Mr. Phil Christiansen of Christiansen & Sergi stated that the owner of the property
located on the corner of Rea Street & Chestnut Street had previously come before the
Planning Board with a preliminary subdivision. Mr. Rea was looking into alternative
plans to build on the site. The lots showing frontage on Chestnut Street were previously
divided by an ANR plan. Mr. Christiansen informed the Planning Board that two
alternatives have been formed. The first being 22 lots which includes the existing
dwelling on Lot 20. The second alternative included 38 lots with two roadways.
Mr. Christiansen indicated to the Board that Mr. Rea would prefer to develop the 22 lots.
By applying for the lesser lots the applicant would require a waiver for the length of the
street and frontage exception special permits for two of the lots.
Mr. Nardella stated that he would like to see the lots reconfigured so that frontage
exception special permits would not be required. Mr. Rowen stated that normally the
board would say lesser is better but with the lesser lots a through road would not be
created. Mr. Rowen felt that a through road with more lots might be the better of the two.
Mr. Christiansen stated that Mr. Rea felt that he was crowding the wetlands with the 38
lots that is why he came up with the aiternative.
Mr. Simons stated that he was concerned with the slope on the proposed lots 5 & 6. Mr.
Simons would like to see the topography and would hope that the developer would show
a rational design to the lots.
Mr. Nardella informed the engineer to not include the ANR lot just what would be part of
the subdivision on the plan.
Decision:
Turnpike Street lot 4N-Merrimack Building-Site Plan Special Permit
Mr. Simons asked the board whether they had any comments on the drafted decision.
Ms. Griffin stated that she had revised condition 14 to have signs approved by the
Building Department.
Mr. Simons wanted to ensure that a provision was placed in the conditions regarding the
final plans submitted to the building department were the plans approved by the Planning
Board. Ms. Griffin stated that she signs off on the Form U and matches the plans to the
approved set.
Mr. Rowen suggested that on 5d to reiterate that this would be prior to occupancy and
add authorized agent.
Under prior to construction add that a schedule must be submitted. In the first paragraph
replace "including" with "in addition to"
Mr. Nardella motioned to APPROVE the Site Plan Special Permit for Turnpike
Street lot 4N-Merrimack Building as amended, 2nd by Mr. Rowen, voted 4-0 in favor of
the motion.
Discussions:
Heritage Estates-Bond Release-Update
Mr. Kindred stated that he as the developer of Heritage Estates was requesting a
reduction from his bond. Mr. Kindred was requested to come before the board to explain
some issues with the retaining walls. Mr. Kindred stated that 50% of the subdivision was
complete with 7 of the 11 lots sold. The shoulders have been graded and landscaped.
There is finished grading and the vegetation is growing. Lots 7 & 8 are the last lots on
the slope site.
Mr. Rowen stated that he had driven on the site and had witnessed water or what looked
like seepage coming through one of the retaining walls. Mr. Kindred stated that what
appeared to be seepage was actually the result of the sprinkler systems.
Mr. Kelloway, the subcontractor for the property, stated that he would meet Mr. Rowen
on site.
Mr. Rowen wanted to know what the cut and fill balance was on the front of the
property? Mr. Kelloway stated that the center was 2 feet above elevation; there was no
cut at the front.
Mr. Kelloway went on to say that two 6" drainpipes going to the catch basins were
installed at the back of the property. These pipes are covered by a foot of stone, septic
sand or bank rain gravel with finger drains installed. Mr. Kelloway stated that in the
morning water coming down the street from side yards with the soil being hard the
sprinkler water runs down the street. Mr. Nardella stated that this would case icing in the
winter. Mr. Kindred stated that there was a grading problem at the shoulder but they
would be re-grading. Mr. Kindred stated that the filter fabric was clogging at the storm
drains but they will keep an eye it.
Mr. Simons requested that they landscape the detention pond. Mr. Kindred stated that the
detention pond was located on a sold lot but he would speak with the homeowner about
landscaping.
Berrington Estates
Mr. Jay Willis, attorney for North Andover Realty Corp, informed the Planning Board
that his client had purchase the definitive subdivision. Presently, the approved four lot
Planning Board subdivision modification was in litigation. Mr. Willis stated that the
modification is not the legal decision because it is under litigation, and has never been
recorded at the Registry of Deeds. Mr. Willis went on to say that the former developer
applied for the modification because he wanted to use one of the lots as his own home,
but neither the definitive subdivision plan or the subdivision modification plan were
impacting the community. The zoning has not changed on the property. Mr. Willis
requested that the Planning Board allow North Andover Realty Corp to build the
definitive subdivision because it was the only plan recorded.
Mr. Rowen stated that the parcel of land approved originally is larger than the parcel
purchased by North Andover Realty Corp. Mr. Willis stated that the developer is aware
of the ANR plan and what land is required to be deeded.
Mr. Willis stated that by the Planning Board approving the modification it did not negate
the approval of the definitive. Mr. Willis stated no harm would come to the community
with either one of the approvals.
Ms. Griffin questioned Mr. Willis whether his client was aware of the approved
modification when he purchased the definitive subdivision. Mr. Carroll, owner, stated
that he had spoken with Ms. Griffin and was informed of the modification subsequently
approved by the Planning Board. Mr. Carroll stated that he paid 2.1 million for the
property and to sell the homes if he could only build three lots would be impossible to
sell.
Foxwood-Update by Town Planner
Ms. Griffin stated that she had gone on site with Tim Mclntosh of VHB, Tim Willett of
DPW, Mike O'Neill, engineer for the developer and Ed Cardoza, resident of Foxwood
and they came to an agreement with the drainage and the traffic island. The swale will be
extended to before the property on lot 7. At the traffic island two ramble strips will be
placed. Ms. Griffin stated that the changes agreed on site need to be reflected on the
plans and approved by VHB before any work could commence.
Ms. Griffin stated that the sink holes in the street were briefly discussed but they go
through private property so an easement would be required to fix them.
The ponding in the wintertime in the road was discussed and the solution was to extend
the swale with cross infiltration and tree removal to create the swale.
Ms. Griffin informed the Planning Board that Mike Phillips is not the developer of this
project, Stan Davis is. However, Mr. Phillips is acting as the agent for the developer.
Mr. Simons stated that he wanted to see progress made, then a discussion can take place
with the release of bond money. Mr. Simons wanted to see work progress and make sure
the town would have enough money left over to finish work if the developer should stop.
Rosemeadow Subdivision-Bond Release
Mr. Nardella motioned to RELEASE all remaining funds from Rosemeadow
Subdivision, 2nd by Mr. Rowen, voted 4-0 in favor of the motion.
Mr. Nardella motioned to RELEASE all remaining funds from the Watershed
Special Permit held for Anne Messina, 2nd by Mr. Rowen, voted 4-0 in favor of the
motion.
Mr. Nardella motioned to convene into Executive Session, 2nd by Mr. Rowen, voted 4-0
in favor of the motion.
Public Hearings:
AT&T-Stevens Estate-Wireless Facility
Mr. Nardella motioned to CONTINUE the Public Hearing for AT&T-Stevens
Estate-Wireless Facility, 2nd by Mr. Rowen, voted 4-0 in favor of the motion.
Sprint PCS-Stevens Estate-Wireless Facility
Mr. Nardella motioned to CONTINUE the Public Hearing for Sprint PCS-
Stevens Estate-Wireless Facility, 2nd by Mr. Rowen, voted 4-0 in favor of the motion.
4
Lawrence Industrial Airport-Industrial Subdivision
Mr. Nardella motioned to CONTINUE the Public Hearing for Lawrence
Industrial Airport-Industrial Subdivision, 2nd by Mr. Rowen, voted 4-0 in favor of the
motion.
Continued Public Hearings:
Boston Hill Condominiums-Site Plan Special Permit
Mr. Nardella motioned to CONTINUE the Public Hearing for Boston Hill
Condominiums-Site Plan Special Permit, 2nd by Mr. Rowen, voted 4-0 in favor of the
motion.
65 Flagship Drive-Site Plan Special Permit
Mr. Nardella motioned to CONTINUE the Public Hearing for 65 Flagship Drive-
Site Plan Special Permit, 2"d by Mr. Rowen, voted 4-0 in favor of the motion.
Mr. Nardella motioned to ADJOURN the Planning Board meeting of September
18, 2001, 2nd by Mr. Rowen, voted 4-0 in favor of the motion.