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HomeMy WebLinkAbout1991-02-21DRAFT The North Andover Planning Board held a regular meeting on Thursday evening February 21, 1991 in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at 7,45 p.m. by George Perna, Jr., Chairman. Also present were Joseph Mahone¥ and John Draper. Richard Nardella and John Simons arrived at 7,55 p.m. Lot Release Lot 9 - Dale Street Christian Huntress stated that this lot was part of the Orchard Path Definitive Subdivision. Condition 26 reads, "Lot $9 will not be released from the covenant nor be constructed upon and no work shall be allowed to take place until the developer has reconciled to the Planning Board satisfaction the isolated land subject to flooding under elevation 199 and will remain in tact and not be relocated for the purpose of the removal of existing trees and vegetation and that flood and drainage calculations addressing the 1OO years storm for that area subject to flooding have been submitted and approved by the Planning Board with positive proof that no run off water from that part of the watershed will be caused to flow out and onto Dale Street." Christian Huntress stated that the applicant had filed with the Conservation Commission a Request for Determination to address that specific issue. An Order of Conditions was issued by the Conservation Commission which addressed the issue. George Perna asked Christian Huntress if there was a problem out there at the present time. Christian Huntress stated that there was not a problem now, but, there was a large detention pond on the lot. John Simons arrived at approximately 7,55 p.m. He was asked to leave the meeting as he is an abutter to the parcel. Richard Nardella also arrived. George Perna asked if the drainage calculations were approved. Christian Huntress stated that in the initial approval of the subdivision the calculations were approved and that the conditions have not changed. The Conservation Commission reviewed the calculations and if back-up or additional information was needed the Commission would request such back-up or additional information from the D.P.W. John Draper wanted positive proof that no run-off would occur on Dale Street. Christian Huntress explained to John Draper that the Notice of Intent was the positive proof. John Draper wanted a written statement from the engineer. Christian Huntress stated that the Town's Engineering Department has reviewed the calculations and agrees with the figures. George Perna asked if there should be something written to place in the files. Christian Huntress stated that the Notice of Intent was sufficient proof and a copy will be placed in the file. A motion was made by Joseph Hahone¥ to release the lot as requested. A brief discussion took place on the matter before the Board. Richard Nardella stated that he arrived in the middle of the discussion and asked to be briefed on the matter. John Draper expressed his concern with the calculations and wanted the proof in a written statement. Christian Huntress tried to explain that the Notice of Intent specifically addressed the concerns of the Planning Board. A heated discussion took place between John Draper and Christian Huntress on proof of the calculations. The motion was then seconded by Richard Nardella. In favor of the motion were Joseph Mahoney, Richard Nardella and George Perna. John Draper abstained. John Simons joined the meeting. Public Hearinus Whippoorwill Definitive Subdivision Christian Huntress, Town Planner, gave the Planning Board members copies of a draft decision. Staff had been waiting for Conservation to render their decision on the location of the roadway. George Perna asked if the wetlands had be delineated. Thomas Neve stated that an Order of Conditions has been issued by the Conservation Commission. The roadway has been moved so that it is out of the wetlands. George Perna asked if an agreement had been made on how the conservation land was going to be controlled. Christian Huntress stated there is a restrictive covenant on the property before the lots are deeded out. The final wording of the draft will be approved prior to the endorsement of the plans before the Board. A draft of the restrictive covenant has been sent to Town Counsel for review. Basically there will be no permanent structure, no pools and no tennis courts on the conservation land. There is a 25 foot no-cut line and a 50 foot no construction within the wetlands. Christian Huntress, Town Planner, stated that the location of the house has been approved by the Conservation Commission. The Board of Health has yet to approve the location of the septic system. Conservation has found part of this application jurisdictional which means the septic system will have to be 100 feet away. The Conditions 15 and 17b, relating to septic systems, will be amended. George Perna expressed concerns with traffic being tied up during construction, not necessarily on this application, but on any construction within the Town. The blocking of streets is a big concern. Questions were asked about the width of the road. Tom Neve stated that the road would be 22 feet wide, a minor, deed-end road, with 18 inch shoulders and 5 feet of grass on both sides. An example of such a road was given as Cranberry Lane. Christian Huntress pointed out to the Board, that Condition Cg, grants a waiver on sidewalks. Tom Neve had a question on Condition 6, a3king about the $10,OOO bond for As-Built Plans and its relation to Condition 5. Christian Huntress stated that Condition 5 relates to the construction and/or completi~ of the roadway, site screel~lng and other public amenities, an amount to be determined bY the Planning Board. Condition 6 is an additional amount for AS-Built Plans. Tom Neve expressed concerns with Conditi cutting. The Board expressed their feelil were tree cutting was extensive· and did again. A brief discussion took place on open spa, tree cutting. Tom Neve stated that he wo trees for the driveway. A motion was made by Joseph Mahoney to clos take the matter under advisement. The Richard Nardella and voted unanimously by Decision Whippoorwill Definitive Subdivision A motion was made by Richard Nardella to ~ Subdivision as drafted, amended and disc seconded by John Draper and voted unanimo~ ~n 9, relating to tree ~g regarding situations ~ot want this to happen · common driveways and lld only cut 20 feet of · the public hearing and motion was seconded by those present. ~pprove the Whippoorwill ussed. The motion was ~sly by those present. Discussions Hickory Hill PRD George Perna gave a brief history on the Hickory Hill PRD stating that originally plans for 56 connected units were proposed and now the applicant wants to develop individual units, being a substantial change from the original application. A1 Shaboo, Design Engineers, gave additional information on the history of the proposed development. In 1987, preliminary plans and definitive plans were before the Board of a 24 lot subdivision. Prior to a decision being rendered on the definitive subdivision, it was recommended that the applicant look at the possibility of a PRD (Planned Residential Development). The definitive subdivision was then withdrawn and the PRD proposal initiated with 56 units, consisting of 6 triplex and 19 duplex on Parcel B, containing 22 acres. There are easements on the open space deeded to the Town. The applicant is now proposing 40 half acre lots, reducing the density from the previous submission. Questions were raised on the conveyance of the lots. A1 Shaboo was asked why the roadway was private. A1 Shaboo's response was that it was recommended by the Division of Public Works, and that in the approval for the PRD, PVC piping was permitted to be used instead of RCP, (RCP being used for drainage on public ways). The roadway will remain a private way and will be stated in the deeds. The size of the homes will be no more than 2,400 sq.ft, with the price range of $155,OOO to $185,000. The developer reserves the right as to the type of homes that will be built. This will not be affordable housing as defined by the State. The affordability meaning more affordable than other homes within North Andover. A lengthy discussion on roadway, public and private, standards took place between the Board members and A1Shaboo. A public hearing will be set up to review the proposed and divide the lots. Annual Town Meeting 1991 Christian Huntress stated that two property owners have asked him about rezoning and how the Board would like them to proceed. The first property owner is Yameen, on Route 114 and Sullivan Street wanting to rezoning to Village Commercial. George Perna stated that there were new Board members and that it wou!d be a good idea if the Town Planner, Christian Huntress, presented the Board with his presentation on possible Village Commercial Developments. The presentation will be scheduled for the next meeting on March 7, 1991. The second property is located on Flagship Drive which was before the Town two years ago. The owner is looking for support and direction. The Board will address the issues on the March 7, 1991 meeting. Staff ReviewtEndorsement of Approval Not Required Applications (Form A Plans) Christian Huntress stated that a Special Meeting was called for on February 15, 1991 to endorse a Form A Plan. It has been suggested that Karen H.P. Nelson, Director of Planning and Community Development, be authorized by the Board to sign Form A Plans, which is allowed by Mass. General Law. This would eliminate the need for emergency meetings or the lack there of, causing approvals for not acting within the required time frame. John Simons read a letter to the Board from Karen Nelson. George Perna asked if this procedure would be for all Form A Plans. Christian Huntress, Town Planner, stated that this would be for simple Form A Plans, land swaps, lot line change and anything questionable or creating a large amount of lots would still be handled by the Planning Board. Any Form A Plans which would cause a Special Permit or Variance would also be brought to the Board for their approval. Any denial would be brought before the Board. John Draper expressed his concerns about what is going on within the Town. Christian Huntress stated that he had discussed a policy being drawn up for Form A Plan endorsement. Concerns were raised by Board members on both sides of the situation, having Planning Board endorsing Form A Plans or giving some of that authority to staff. Members of the Board expressed concerns with the possibility of staff changing and what would happen in that event. Christian Huntress explained that it was necessary to send a letter notifying the registry of deeds and land court of those persons whose are authorized by the Planning Board to sign off on any plans that have to be recorded. Merrimack Vallev planning Commission Christian Huntress stated that the Director of Planning and Community Development, Karen Nelson, would like a monthly report from the Merrimack Valley Planning Commission. John Draper is the representative for North Andover. He stated that there was a proposal before the Commission regarding an alternative to Logan International Airport. That proposal has been dropped. The major problem is funding. There is a bus study going in North Andover in connection with the Merrimack Valley Transit Authority. The Commission is looking for work and funding. Christian Huntress stated that Governor Weld is cutting budgets in the Community Development Department at the State level. Scheduled Meetinq A motion was made by John Simons to cancel the regularly scheduled meeting for February 28, 1991. The motion was seconded by Joseph Mahoney and voted unanimously by those present. The Board will meet March 7, 1991 and March 28, 1991. A motion was made by John Simons to adjourn the meeting. The motion was seconded by Richard Nardella and voted unanimously by those present. The meeting adjourned at approximately 10~30 p.m. The North Andover Planning Board held a regular meeting on Thursday evening February 21, 1991 in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at 7~45 p.m. by George Perna, Jr., Chairman. Also present were Joseph Mahoney and John Draper. Richard Nardella and John Simons arrived at 7~55 p.m. Lot Release Lot 9 - Dale Street Christian Huntress stated that this lot was part of the Orchard Path Definitive Subdivision. Condition 26 reads~ "Lot #9 will not be released from the covenant nor be constructed upon and no work shall be allowed to take place until the developer has reconciled to the Planning Board satisfaction the isolated land subject to flooding under elevation 199 and will remain in tact and not be relocated for the purpose of the removal of existing trees and vegetation and that flood and drainage calculations addressing the 1OO years storm for that area subject to flooding have been submitted and approved by the Planning Board with positive proof that no run off water from that part of the watershed will be caused to flow out and onto Dale Street." Christian Huntress stated that the applicant had filed with the Conservation Commission a Request for Determination to address that specific issue. An Order of Conditions was issued by the Conservation Commission which addressed the issue. George Perna asked Christian Huntress if there was a problem out there at the present time. Christian Huntress stated that there was not a problem now, but, there was a large detention pond on the lot. John Simons arrived at approximately 7~55 p,m. He was asked to leave the meeting as he is an abutter to the parcel. Richard Nardella also arrived. George Perna asked if the drainage calculations were approved. Christian Huntress stated that in the initial approval of the subdivision the calculations were approved and that the conditions have not changed. The Conservation Commission reviewed the calculations and if back-up or additional information was needed the Commission would request such back-up or additional information from the D.P.W. John Draper wanted positive proof that no run-off would occur on Dale Street. Christian Huntress explained to John Draper that the Notice of Intent was the positive proof. John Draper wanted a written statement from the engineer. Christian Huntress stated that the Town's Engineering Department has reviewed the calculations and agrees with the figures. George Perna asked if there should be something written to place in the files. Christian Huntress stated that the Notice of Intent was sufficient proof and a copy will be placed in the file. A motion was made by Joseph Mahoney to release the lot as requested. A brief discussion took place on the matter before the Board. Richard Nardella stated that he arrived in the middle of the discussion and asked to be briefed on the matter. John Draper expressed his concern with the calculations and wanted the proof in a written statement. Christian Huntress tried to explain that the Notice of Intent specifically addressed the concerns of the Planning Board. A heated discussion took place between John Draper and Christian Huntress on proof of the calculations. The motion was then seconded by Richard Nardella. In favor of the motion were Joseph Hahoney, Richard Nardella and George Perna. John Draper abstained. John Simons Joined the meeting. Public Hearings Whippoorwill Definitive Subdivision Christian Huntress, Town Planner, gave the Planning Board members copies of a draft decision. Staff had been waiting for Conservation to render their decision on the location of the roadway. George Perna asked if the wetlands had be delineated. Thomas Neve stated that an Order of Conditions has been issued by the Conservation Commission. The roadway has been moved so that it is out of the wetlands. George Perna asked if an agreement had been made on how the conservation land was going to be controlled. Christian Huntress stated there is a restrictive covenant on the property before the lots are deeded out. The final wording of the draft will be approved prior to the endorsement of the plans before the Board. A draft of the restrictive covenant has been sent to Town Counsel for review. Basically there will be no permanent structure, no pools and no tennis courts on the conservation land. There is a 25 foot no-cut line and a 50 foot no construction within the wetlands. Christian Huntress, Town Planner, stated that the location of the house has been approved by the Conservation Commission. The Board of Health has yet to approve the location of the septic system. Conservation has found part of this application jurisdictional which means the septic system will have to be 1OO feet away. The Conditions 15 and 17b, relating to septic systems, will be amended. George Perna expressed concerns with traffic being tied up during construction, not necessarily on this application, but on any construction within the Town. The blocking of streets is a big concern. Questions were asked about the width of the road. Tom Neve stated that the road would be 22 feet wide, a minor, deed-end road, with 18 inch shoulders and § feet of grass on both sides. An example of such a road was given as Cranberry Lane. Christian Huntress pointed out to the Board, that Condition 4g, grants a waiver on sidewalks. Tom Neve had a question on Condition 6, asking about the $10,OOO bond for As-Built Plans and its relation to Condition 5. Christian Huntress stated that Condition 5 relates to the construction and/or completion of the roadway, site screening and other public amenities, an amount to be determined by the Planning Board. Condition 6 is an additional amount for As-Built Plans. Tom Neve expressed concerns with Condition 9, relating to tree cutting. The Board expressed their feeling regarding situations were tree cutting was extensive, and did not want this to happen again. A brief discussion took place on open space, common driveways and tree cutting. Tom Neve stated that he would only cut 20 feet of trees for the driveway. A motion was made by Joseph Mahoney to close the public hearing and take the matter under advisement. The motion was seconded by Richard Nardella and voted unanimously by those present. Decision Whippoorwill Definitive Subdivision I motion was made by Richard Nardella to approve the Whippoorwill Subdivision as drafted, amended and discussed. The motion was seconded by John Draper and voted unanimously:.bY those present. Discussions Hickory Hill PRD George Perna gave a brief history on the Hickory Hill PRD stating that originally plans for 56 connected units were proposed and now the applicant wants to develop individual units, being a substantial change from the original application. A1 Shaboo, Design Engineers, gave additional information on the history of the proposed development. In 1987, preliminary plans and definitive plans were before the Board of a 24 lot subdivision. Prior to a decision being rendered on the definitive subdivision, it was recommended that the applicant look at the possibility of a PRD (Planned Residential Development). The definitive subdivision was then withdrawn and the PRD proposal initiated with 56 units, consisting of 6 triplex and 19 duplex on Parcel B, containing 22 acres. There are easements on the open space deeded to the Town. The applicant is now proposing 40 half acre lots, reducing the density from the previous submission. Questions were raised on the conveyance of the lots. A1Shaboo was asked why the roadway was private. A1 Shaboo's response wa-s that it was recommended by the Division of Public Works, and that in the approval for the PRD, PVC piping was permitted to be used instead of RCP, (RCP being used for drainage on public ways). The roadway will remain a private way and will be stated in the deeds. The size of the homes will be no more than 2,400 sq.ft, with the price range of $155,OOO to $185,O00. The developer reserves the right as to the type of homes that will be built. This will not be affordable housing as defined by the State. The affordabilit¥ meaning more affordable than other homes within North Andover. A lengthy discussion on roadway, public and private, standards took place between the Board members and A1 Shaboo. A public bearing will be set up to review the proposed and divide the lots. Annual Town Heetinq 1991 Christian Huntress stated that two property owners have asked him about rezoning and how the Board would like them to proceed. The first property owner is Yameen, on Route 114 and Sullivan Street wanting to rezoning to Village Commercial. George Perna stated that there were new Board members and that it would be a good idea if the Town Planner, Christian Huntress, presented the Board with his presentation on possible Village Commercial Developments. The presentation will be scheduled for the next meeting on March 7, 1991. The second property is located on Flagship Drive which was before the Town two years ago. The owner is looking for support and direction. The Board will address the issues on the March 7, 1991 meeting. Staff Review/Endorsement of Approval Not Required Applications {Form A Plans) Christian Huntress stated that a Special Meeting was called for on February 15, 1991 to endorse a Form A Plan. It has been suggested that Karen H.P. Nelson, Director of Planning and Community Development, be authorized by the Board to sign Form A Plans, which is allowed by Mass. General Law. This would eliminate the need for emergency meetings or the lack there of, causing approvals for not acting within the required time frame. John Simons read a letter to the Board from Karen Nelson. George Perna asked if this procedure would be for all Form A Plans. Christian Huntress, Town Planner, stated that this would be for simple Form A Plans, land swaps, lot line change and anything questionable or creating a large amount of lots would still be handled by the Planning Board. Any Form A Plans which would cause a Special Permit or Variance would also be brought to the Board for their approval. Any denial would be brought before the Board. John Draper expressed his concerns about what is going on within the Town. Christian Huntress stated that he had discussed a policy being drawn up for Form A Plan endorsement. Concerns were raised by Board members on both sides of the situation, having Planning Board endorsing Form A Plans or giving some of that authority to staff. Members of the Board expressed concerns with the possibility of staff changing and what would happen in that event. Christian Huntress explained that it was necessary to send a letter notifying the registry of deeds and land court of those persons whose are authorized by the Planning Board to sign off on any plans that have to be recorded. Merrimack Valley Planninq Commission Christian Huntress stated that the Director of Planning and Community Development, Karen Nelson, would like a monthly report from the Merrimack Valley Planning Commission. John Draper is the representative for North Andover. He stated that there was a proposal before the Commission regarding an alternative to Logan International Airport. That proposal has been dropped. The major problem is funding. There is a bus study going in North Andover in connection with the Merrimack Valley Transit Authority. The Commission is looking for work and funding. Christian Huntress stated that Governor Weld is cutting budgets in the Community Development Department at the State level. Scheduled Meetinq A motion was made by John Simons to cancel the regularly scheduled meeting for February 28, 1991. The motion was seconded by Joseph Mahoney and voted unanimously by those present. The Board will meet March 7, 1991 and March 28, 1991. A motion was made by John Simons to adjourn the meeting. The motion was seconded by Richard Nardella and voted unanimously by those present. The meeting adjourned at approximately 10~30 p.m. George D. Perna, Jr., CHairman et L. Eaton, Secretary