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HomeMy WebLinkAbout1991-07-23I~REN H.P. NELSON Director BUILDING CONSERVATION PLANNING  Town of NORTH ANDOVER DIVISION OF PLANNING & COMMUNITY DEVELOPMENT 120 Main Street, 01845 (5O8) 682-6483 PLANNING BOARD AGENDA July 23, 1991 7:30 p.m. Discussion Coventry Estates - Remaining work Approval Not Required Vest Way - Lot line change Public Hearinqs Lyons Way - Definitive Subdivision.(9/25/91) Lot 1, Dale Street, October Lane Trust (7/30/91) Decisions Nelson, Penni Lane - Definitive Subdivision Lyons Way - Definitive Subdivision Bonds Establish bond, Hidden Court (10/25/91) DRAFT The North Andover Planning Board held a regular meeting on May 16, 1991, in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at p.m. by the Chairman George Perna, Jr. Also present were John Simons, Richard Nardella, Joseph Mahoney. Discussions Enqlish Circle - Form J Lot Release Christian Huntress, Town Planner, stated that the developer was requesting release of Lots 1,2 and 3. A bond in the amount of $19,0OO has been posted. The binder of the roadway will be done on Friday May 17, 1991 and will be inspected by the Division of Public Works. John Simons read a letter from the Division recommending release of the lots with conditions. available in the files for inspection. Public Works That letter is A motion was made by John Simons to release the lots subject to the conditions mentioned in the letter, completion of paving and shoulder grading. The motion was seconded by Richard Nardella and voted unanimously by those present. Edqewood Life Care - Extension Christian Huntress stated that the applicants have requested an extension on the Special Permit which expires in October, 1991. John Simons read portion of the letter requesting the extension. That letter is available for inspection in the files. A motion was made by ~ to accept the extension request on the Special Permit. The motion was seconded by Richard Nardella and voted unanimously by those present. A letter will be drafted to the applicants notifying them of the Board decision to accept the extension. North Cross Road - Siqn Documents for Triparty Aqreement Christian Huntress, Town Planner, stated that the applicants had requested transfer of the bond. Town Counsel has reviewed the request and made the proper changes. ~ S(~% to sign the agreement. The A motion was made by ___ b motion was seconded by %~>=h ~¢%~ and voted unanimously y those present. Campion Hall - Seize Principal of Bond Christian Huntress Town Planner, stated that~ the Board had previously voted to pull the bond on Campion Hall S'~bdivision. The bank is reluctant to release the interest. Town Counsel has been notified and in their opinion, the interest should be released with ~ ~TM the principal. ~?~ ~,~J~- ~~ a motion was made by ~u~%~-~ to ???????????????????- The motion was seconded by ~;f. and voted unanimously by those present. Approval Not Required Form A Plans Prescott Street - Creatinq One Lot A motion was made by John Draper to approve the Form A Plans. The was by and motion seconded ~~ voted unanimously by those present. ~~ Public Hearings Boat Ramp - Site Plan Review John Simons read the legal notice to open the public hearing. Richard Doucette, Conservation Administrator for the Town of North Andover, introduced Mark Gross, of Kimball Chase, the engineers for the project. Mr. Doucette gave a presentation of the proposed boat ramp facility. This project has been in the works for about 12 to 13 years. The original proposal was to gain emergency access to the Merrimack River. Because funds were received from the Commonwealth of Massachusetts, access to the public was required. There are federal funds remaining from a block grant for design and construction. There are several permits that are required, one of which is Site Plan Review from the Planning Board. Permits are also required from the Conservation Commission, Waterways, and the Army Corp of Engineers. The Greater Lawrence Sanitary District has given the Town a quarter {1/4) acre for the Board Ramp Project. The project is in a Residential District and with a very narrow street. Richard Nardella asked if there were any problems. Richard Doucette stated that there was an on going battle between the residents and the fishermen. George Perna asked for information relating to the site presently and what is proposed. Richard Doucette stated that the site was composed of river sediments and dumping. There will be very little grading of the site, if any. The area will be paved. The Division of Public Works will plow snow during the winter. The Department of Environmental Protection has been asked to look at the site, as old shingles and asbestos was found within the site. George Perna asked about access to the site. Richard Doucette stated there was limited access. There are several small streams coming into a larger stream. There is an underground utility easement which is a secondary power source for the residents of Riverview Street. There are twelve parking spaces shown on the plans. George Perna asked if the site would be accessible to Town resident only. Richard Doucette stated that because funds were from the State, accessibility could not be limited to residents of the Town. John Simons asked if there would be a gate at the entrance. Richard Doucette stated that a gate will be installed. George Perna asked who would have control of the site, which Board. Doucette stated that Conservation would have control of the site. Mark Gross, Kimball Chase Co., spoke on the design of the ramp. Richard Nardella asked about the hours the ramp would be opened. The response was, there will be no set hours. Richard Nardella asked about lighting on the site. Richard Doucette stated that he would like to discuss the lighting with the Board. A site visit will be scheduled for Monday , May 20, 1991 at 7:30 a.m. Richard Doucette explained to the Board the problem between the residents and the fishermen. The residents want limited access, the fishermen want unlimited access and be able to launch larger boats. The Chairman, George Perna asked those in the audience for constructive comments. Diane Blanchette, 49 Riverview Street, expressed her concerns with parking along Riverview Street. George Perna asked that D.P.W. be contacted regarding the street as to public or private. An abutter expressed concerns with the condition of the road. Richard Doucette agreed that the road was in poor condition. Donald Brasseur and Elaine Brasseur expressed their concerns with speeding ion Riverview Street. The Planning Board and staff will work with other departments and Boards to try and resolve the concerns of the neighborhood. A motion was made by John Simons to close the public hearing and take the matter under advisement. The motion was seconded by John Draper and voted unanimously by those present. Waqon Wheels - Definitive Subdivision John Simons read the legal notice to open the public hearing. Christian Huntress stated that last August or September the Board was petitioned to expand the time in which the subdivision was to be completed. The time period had expired. The Board voted not to extend the conditional approval. There were still conditions that needed to be addressed. One of the conditions was that the work would be completed within two years. At the time the Board denied the extension, they encouraged the petitioner to reapply as the zoning had not changed. There were some conditions that needed to be tightened. Harry White, White & Company, represented the Lawrence Savings Bank on the application. Mr White stated that he has been working with Steve Stapenski, the original engineer, on the 21 lot subdivision. The proposed is on 35 acres, more or less. There is an existing order of Conditions from the Conservation Commission which has been extended. Steve Stapenski was also present. John Simons read a letter from the Department of Environmental Management. The Department of Environmental Management asked that the proposed 30 foot wide public access easement from the proposed right-of-way along the rear of Lot 6 be accepted and made a condition of the approval and that a 25 foot no-cut buffer be a condition of approval along the lot lines abutting Harold Parker State Forest, excepting the right-of-way along Lot 6. John Simons gave the new members some background the first application that was before the Board. In the previous application on the same subdivision, concerns were raised on the drainage calculations, the question of the CBA (contiguous buildable area} on one of the lots, and using wetlands from detention area, only to name a few. Steve Stapenski spoke to the Board on the site, specifically, the wetlands and the State Forest access. A lengthy discussion took place on the roadway and the wetlands. John Simons questioned the construction of the roadway, relating the grading and filling and asked if there was any alternative. Steve Stapenski stated that the developer went over the size of the houses he wanted developed and to get that the roadway was laid out as shown. John Simons suggested moving lot lines so some of the driveways would not look so "goofy". A letter will be sent to the applicant listing the concerns of the Board. John Simons will review the files with Christian Huntress. A motion was made by Joseph Mahoney to continue the public hearing to May 30, 1991, seconded by Richard Nardella and voted unanimously by those present. The roadway will be staked out for a site visit. Lot 2 Coventry - Torrisi Special Permit Watershed District Joseph Mahoney did not participate in the discussion nor did he vote on this Special Permit as his name appears on the list of abutters as Trustee of an adjacent lot. John Simons read the legal notice to open the public hearing. Christian Huntress, Town Planner, had concerns with regard to the original subdivision approval granted to Coventry Development Corp. which listed Lot 2 (now 2A) as potentially unbuildable due to the amount of wetlands located on the property. Mr. Huntress went on to say that a wetland is located directly behind the property and that the structure is shown on the plans to be 86 feet away from the wetland line. Hr. Huntress also brought to the Boards attention the fact that an existing culvert is shown on the plans within 86 feet of the proposed structure, but that the wetland line does not extend to the culvert as it should if the area has become vegetated with wetland plants. John Simons questioned why the plan did not show the full extent of the lot, and whether the lot had 75% contiguous buildable area. Mr. Donald Stanley was present on behalf of the applicant. Mr Stanley stated that he has already received a Notice of Intent from the Conservation Commission and a Special Permit from the Zoning Board of Appeals. Mr. Stanley was not aware that a Special Permit would be granted from the Planning Board until he approached Christian Huntress for a sign-off on the Building Permit. George Perna questioned why the applicant is being held to the 1984 Watershed Protection District Regulations rather than the current regs. Christian Huntress stated that this lot was part of the Coventry Estates Definitive Subdivision approval granted by the Planning Board in 1984 and as a result, the property is grandfathered under all regulations and bylaw for a period of eight (8) years. George Perna directed staff to ask Town Counsel if the v~ grandfathering would extend ~o Watershed Regulations. Upon a motion by John Simons, seconded by Richard Nardella, the Board voted to continue the public hearing to the meeting of May 30, 1991 and directed staff to contact the applicant and have the following concerns addressed prior to that hearing: A Form A Plan (ANR) that shows the extent of Lot 2A. Review the existing culvert with the Conservation Commission to determine whether a vegetative connection has been made to the wetland. Have the applicant's engineer certify the CBA and total upland on the property. Review grandfathering with Town Counsel. Joseph Mahoney abstained from the voting. First Calver¥ Baptist Church Approval - deCastro Nelson - Modification on a Site Plan John Simons read the legal notice to open the public hearing. Richard Nardella excused himself from the conversation due to a potential conflict of interest. Christian Huntress, Town Planner, stated that the applicant is requesting a modification to the previous approval, dated August 7, 1990. The reasons for the request of modification are as follows: The Planning Board's original approval stipulated that the applicant receive a legal easement from the School Committee for parking and access on the property of the Atkinson School. This easement was to be recorded with the Northern Essex Registry of Deeds. The applicant has approached the School Committee and they are reluctant to grant an easement to the church for fear that this easement may restrict future expansion plans for the school. Due to this discrepancy the applicant is requesting that the Planning Board reconsider their original condition that a bridge be built to connect the property of the church to the Atkinson School. The original plans approved by the Planning Board showed the exterior construction of the church to be of masonry block, slate roofing shingles and other material which will incur additional cost. Due to uncollected revenues, the applicant would like to construct the proposed structure of clapboard/wooden shingles and asphalt roofing shingles. Mr. deCastro, of deCastro Nelson Associates was present on behalf of the First Calvery Baptist Church. Mr. deCastro stated that the church's Building Committee had petitioned the School Committee on several occasions for the easement and had been unsuccessful. Mr. deCastro went on to say that in light of the applicants inability to secure the easement as required by the Planning Board the Church had no alternative but to apply to the Planning Board for a modification of the original approval. George Perna asked how the original conditioned read with regard to requiring that a legal easement be recorded. Christian Huntress read the following condition from the original approval: 18. The applicant shall receive approval from the North Andover School Department for construction of the proposed connection between the Atkinson School and the church. Any changes to the plans approved by the Planning Board shall be reviewed by the Town Planner. Any changes which the Town Planner may deem as major shall be approved by the Planning Board. 19. Upon receiving approval from the School Department, and prior to receiving a Building Permit, the applicant shall furnish and cause to be recorded with the Northern Essex Registry of Deeds easement documents. These documents shall allow reciprocal access to both the property of the Church and the Atkinson School. Reverend Dickerson of the First Calvery Baptist Church was present. Reverend Dickerson stated that the Church was willing to cooperate in any way possible, but that they had been unable to satisfy the conditions of the original approval through no fault of their own. Reverend Dickerson asked if there was any other way to facilitate the wishes of the Planning Board without requiring the recording of an easement. George Perna asked staff if an easement would be required to allow access to the school's property. Christian Huntress replied by saying that this was a legal issue that could be addressed to Counsel. Mr. deCastro continued his presentation and reviewed the proposed changes to the exterior construction of the proposed structure. John Simons stated that the change to clapboard and other less expensive material sounded acceptable due to the nature of the surrounding residential neighborhood which is similar in character to the building now being proposed. George Perna asked if anyone from the audience would like to speak. Mr. Paul Connors of Autran Avenue was present and expressed his concern with regard to traffic circulation and the material to be used in construction of the church. George Perna stated that the change in material seemed to make the building appear more residential in character which should better fit the surrounding neighborhood. Mr. Perna went on to say that staff would review the legal opinion with Counsel and the Board is still considering conditioning the construction of a connecting bridge to the property of the Atkinson School. Upon a motion made by John Simons, and seconded by Joseph Mahoney, the Board voted to continue the public hearing to May 30, 1991 and to further, direct staff to contact Town Counsel with regard to the issues discussed, and prepare a draft decision for review on Hay 30, 1991. The vote was unanimous. Beechwood Hill - Definitive Subdivision NOTHING ON TAPES - NO NOTES - Dale Street - Special Permit Watershed District - Mahone¥ NOTHING ON TAPES - NO NOTES Great Pond Road - Nieburqer - Special Permit Watershed District Special Permit - Common Driveway Copies of draft decisions were given to the Board members. John Simons expressed his feeling about being consistent with Special permits within the Watershed District. He stated that in this case there would not be any building within the Watershed, only grading which is for a future sewer. Members of the planning Board were in agreement and expressed the need for sewers within the Watershed Protection District. Mr. Nleburger is trying to obtain an easement from his neighbor. A motion was made by John Simons to approve the Special Permit for regrading within the Watershed Protection District for the property at 476 Great Pond Road, Lots 5 and 6. The motion was seconded by Joseph Mahoney and voted unanimously by those present. A motion was made by John Simons to approve the Common Driveway Special Permit for Lots 5 and 6 at 476 Great Pond Road. Christian Huntress brought the Board's attention to the Fire Chief's recommendations on the size of the stone bounds being 8"x8" and not 12"x12" The motion was seconded by Richard Nardella and voted unanimously by those present. Bond Issues Tiffany Lane - Bond Request A motion was made by John Draper not to release funds at this time. The motion was seconded by Richard Nardella and voted unanimously by those present. Winterqreen Drive - Final Bond Release Tanqlewood Lane - Final Bond Release A motion was made by John Simons to release all the funds for Wintergreen Drive and Tanglewood Lane. The motion was seconded by Richard Nardella and voted unanimously by those present. Hawkins Lane Bond Reduction Request A motion was made by John Draper not to release funds at this time. The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by Joseph Mahoney to adjourn the meeting. The motion was seconded by Richard Nardella and voted unanimously by those present. The meeting adjourned at 11:22 p.m.