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HomeMy WebLinkAbout1995-10-17P~ann~ng Bo&fa Xse~ing 8en~or Center October ~7~ 1995 Members Present Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk and Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner, was also present. John Simons arrived at 7:25 p.m. Richard Nardella arrived at 7:40 p.m. Joseph Mahoney, Chairman, was absent. The meeting was called to order at 7:15 p.m. On a motion by Mr. Rowen, seconded by Mr. Angles, October 3, 1995 were approved. Disoussion the minutes of Butcher Boy Market - ATM Machine Doug George, representing Andover Bank was present. The Board took a site walk on October 14, 1995 and the consensus is that the location of the proposed ATM Machine, in the middle of the parking lot, is not the best possible spot. The Board feels it is much too large for the location proposed by Mr. George, and they are concerned about the traffic flow. The Board pointed out on a map a couple of different locations they feel would be better suited for an ATM Machine, near the entrance way. Mr. George will change the location and come back before the Board. Continued to the November 7, 1995 meeting. Butcher Boy Market - abutter concerns/tree Dlantina The Planning Board confirmed discussions at a site visit that two trees must be planted in every other landscaped island on either side of the lamp posts, for a minimum of 6 trees. Mr. Ragonese, Great Pond Road, is an abutter to Butcher Boy Market. He has had his house on the market for 6 months and although there have been many lookers no one has put in an offer. The new Butcher Boy Market towers over his house, and that is what people object to. Mr. Ragonese is asking for trees or hedges to be planted on top of a wall to help block the view. Concern was also expressed about the proposed lighting at the rear of the building. The Board asked Ms. Colwell to speak with the Yameen's to see if a solution could be worked out. The Yameens have agreed to plant 7 to 8 foot trees along his property boundary. Review of CBA interpretation There was no discussion of this issue. Endorsement Abbott Villaae Estates - subdivisioD Atty. Howard Speicher and Peter Ogren from Hayes Engineering were present. The plans and accompanying documentation were presented to the Board. This is a 44 lot subdivision off Salem Street and Abbott Street. The application was originally filed in June 1985 and was approved by the Planning Board in December 1985. An appeal was filed by an abutter and many years of litigation and bankruptcy took place. The subdivision was finally approved in the settlement of the litigation in 1989. Atty. Speicher presented the plan called for in the agreement of judgment; the plan complies with present zoning except for pork chop lots. The plan is for 6 lots less than originally put forward. Mr. Rowen expressed concern regarding the wetland lines. Atty. Speicher stated that they are looking at them. It was pointed out by Ben Osgood, Jr. that Mike Howard walked the site with him and didn't think there were too many concerns with the wetlands. Ms. Colwell pointed out that the applicant will have to come back to the Board for special permits on the common driveways. The Board discussed the sewer work in Salem Street and warned applicant that it may be difficult to deal with all of the traffic. Ms. Colwell will work with the applicant regarding the location of the 3 lots to be left for a park. The Planning Board signed the plans. Lot 9 Boxford Street - Form A No one was present to put forward this plan to the Board. 2 voted unanimously to approve the special permit as drafted. Lot i & 2 Boxford Street - Access/Co~onDrivewav The Board would like more time to review the draft decisions and, therefore, continued their discussions. The Board has 90 days from October 3, 1995 to render a decision. Lot A osqood Street - ~rontaqe exception lot Ms. Colwell to specify clearly the reasons for granting a special permit, i.e. it is such a large lot that the Board is not allowing an extra lot, but is simply providing access. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the special permit as amended. Jerad p15¢~ IV - Subdivision/PRD Lots 1, 14, 16, 17, 18 and 19 need additional testing. If verification from the Board of Health that these lots are buildable within more than a year, then the Board may modify the subdivision to eliminate those lots. On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to approve the definitive subdivision as amended. PRD~ The Board agreed to set a site opening bond at $10,000 and an erosion control bond at $20,000. A walkway must be created, if possible, between Jerad IV and Jerad II. On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to approve the special permit as amended. &d~ourn~ent~ On a motion by Mr. Simons, seconded by Ms. Lescarbeau, voted unanimously to adjourn the meeting. The meeting adjourned at 10:15 p.m. the Board Planning Bo&rd Meeting Sen~or Center November ?, 1995 Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member arrived at 7:10 p.m. Alison Lescarbeau arrived at 7=12 p.m. and Richard Nardella arrived at 7=25 p.m. John Simons was absent. Kathleen Bradley Colwell, Town Planner, was also present. The meeting was called to order at 7:03 p.m. Minutes On a motion by Mr. Rowen, seconded by Mr. Mahoney, the minutes of October 10, 1995 and October 17, 1995 were approved. The minutes of November 1, 1995 were approved as amended. Due to the lack of a quorum at the time, the Planning Board will revisit this issue when more members are present. Discussion Butcher BoY Market - ATM Machin~ Doug George representing Andover Bank presented a revised plan for the location of the ATM Machine. It is now located to the left of the entrance with a separate lane. Ms. Colwell recommends approval of this location. Mr. Rowen asked if the ATM Machine would operate 24 hours. Mr. George replied "yes." Ms. Lescarbeau asked if two cars can drive by at the same time. Mr. George again replied "yes." Mr. George was told by the Planning Board that the ATM must have uniform lettering and wood signs. The lanes in the driveway must be marked clearly to direct the traffic flow. By consensus the Board approved the location of the ATM Machine. Butcher Boy Market - SigD~ Tom and Ken Yameen were present along with their sign designer Phil Picard. They want to install large plexiglass letters directly to the building instead of the wooden sign required in the Planning Board's Site Plan Review decision. The Yameen's argument is that their proposed lettering would not require any maintenance. 1 Ms. Colwellgave an overview: lot 8 Boxford Street is being split up into lots 9 and 10. Lot 8 was a pork chop lot and was created before the new bylaw. The new lot 9 has only 50' of frontage, but it does have 6 acres. The new lot 10 does not have any frontage, but contains over 21 acres and will become part of the Rocky Brook Subdivision. There is a note on the plan stating that lot 10 is not buildable in and of itself. Ms. Colwell to tell the applicant the Board would like him to appear at the November 7, 1995 meeting, and that they would like to see a subdivision plan for this area. The plans as presented were not signed. Publio Hearinas {7~$0 Dm) Continued: Creation of the Planned Commercial Develogment District AND Rezonin~ of land on Turnpike Street to the PCDD There was general discussion regarding the minimum lot size. All members were in agreement that the minimum lot size should be 250,000 square feet. Ms. Colwell stated that the article needs to go to print tomorrow in order to be in the warrant. On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to close the public hearings on the above two warrant articles. On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted to make a favorable recommendation on these warrant articles at town meeting. Avoro DeveloPment - site plan review (ha~qers) The Board had a site walk on October 14, 1995. General consensus is that there don't seem to be any real concerns regarding fires at the location, and there was no opposition to the fact that the location had no water. There will be heat and smoke detectors connected to the master control box. Mr. Rowen asked if there was any news on the drainage calcs. Ms. Colwell stated that drainage calcs seem to be unnecessary in this case. Mr. Martin Allen, Avpro Development, submitted a letter from the Airport Commission authorizing him to go forward with his project. On a motion by Mr. Simons, seconded by Mr. Nardella the Board voted unanimously (with Ms. Lescarbeau abstaining due to a possible conflict of interest) to close the public hearing and directed staff to draft a decision for the November 7, 1995 meeting. Lot A Os~ood street - ~rontaqe exception lot The Board had a site visit on October 14, 1995. Seem to be no issues and Ms. Colwell recommends closing the public hearing and issuing a decision. On a motion byMr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to close the public hearing. Staff to draft a decision for review at the next meeting. Jerad Place IV - Subdivision/pRD Ms. Colwell stated that there is still no resolution of the septic issues on lot 18. The applicant requests that the Board close the public hearings, issue a decision and leave the final resolution of lot 18 up to the Board of Health, and make it very clear to the applicant that no septic systems will be allowed in the fifty foot buffer zone. Ms. Colwell recommends closing the public hearing and issuing a decision. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously to close the public hearings. Lot 2A Halifax Street - access other than over street frontage Ms. Colwell to specify clearly reasons for issuing the special permit: wetlands and public safety. No bond is required. On a motion by Mr. Nardella, seconded by Msl Lescarbeau, the Board voted unanimously to approve the special permit as amended. 80 Flagship Drive (Central Metal Finishinq) - Site Plan Review Ms. Colwell had a draft decision ready for the Board. Issues from Coler & Colantonio to be itemized. The Board agreed upon a $10,000 bond for the purpose of insuring that a final as-built plan is submitted. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board Mr. Mahoney, Mr. Rowen and Mr. Angles stated that they feel the decision for wooden signs should stand. Mr. Ragonese, abutter to the project, informed the Board that the Yameents have not yet landscaped the boundary of his property as required bythe Special Permit, nor have they adjusted the lighting to direct it off of his property. Ms. Colwell to inform the Y~eents that they must attend to these issues immediately. Route 114 - DrODOSed rezoning from VR to mixed use Tom Laudani was present to talk to the Board on this subject. There is an eighty acre parcel located on Route 114 near the Middleton line that is zoned VR. Tom Laudani and Jim Grifoni are looking for support to rezone the area to some new mixed use zone. They are willing to provide (within reason) whatever information the Board may need. There is no sewer line that far out on Route 114 at present. Given that, Mr. Laudani could build 44 houses now, if DPW were to extend the sewer line 12,000 feet, 145 single family homes or 320 condominium units (based on a density of 4 units per acre) could be constructed. He is also interested in incorporating business and maybe a retail center into this proposed mixed use zone. Mr. Laudani and Mr. Grifoni would like some direction from the Board as to what type of development they would like to see out there. They also would like the Board to propose the rezoning at the Spring town meeting. Mr. Laudani is afraid that if he, as a developer, proposes the rezoning it will fail. Mr. Rowen stated that he likes the mixed use concept, but is not in a position to propose rezoning now. With the exception of Mr. Nardella, the Planning Board seems in agreement in that they would not propose any rezoning given the fact that rezoning another section of Route 114 was just defeated at the Special Town Meeting, however, they would review and comment on anything Mr. Laudani would like to submit. Mr. Nardella stated that that should not deter the Board, some you win, some you lose, but you perservere! Ms. Colwell stated that we need to look at Route 114 as a whole. Discussion to be continued at a workshop meeting in the Library Conference Room of Town Hall on November 14, 1995. Review of CBA interpretation This topic was not discussed. Bonds/Lot Releases Brooks School Site Plan (Library) - release bond Everything is in order and the office has received the as-built plans. Ms. Colwell recommends release of the $5,000 bond. On a motion by Ms. Lescarbeau, seconded by Mr. Rowen, the Board voted unanimously to release the $5,000 bond. Phase III Foxwood - release lots/set bond The applicant has requested the release of lots 18 through 38 on Weyland Circle, phase III of Foxwood. The roadway is in place and the site is stable. Ms. Lescarbeau read a letter from DPW recommending the posting of a $79,240 roadway bond. On a motion by Mr. Nardella, seconded by Mr. Rowen, the Board voted unanimously to release lots 18 thru 38 upon the posting of a $79,240 roadway bond. The Planning Board authorized the applicant to begin grubbing and grading lots 19, 20, 21, 27, 28, 29 and 30 once the erosion control for those lots is in place and Ms. Colwell has reviewed the tree clearing. MaDlewood I - bond release The one house subdivision on Rosedale Street that Tom Zahoruiko built is now complete. Ms. Colwell recommends the release of the $2,000 roadway bond. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously to release the $2,000 bond. Endorsement of Plan. Lot 9 Boxford Street - FORM A The applicant has granted the Planning Board an extension until November 22, 1995. Publ~o Hearinqs (7:30 Dm) New: Modification to Meadowood III - subdivision/R-6 and Lot 1M & 2M Route 125 - common drive/access and LOt 3M & 4M Route 125 - common drive/acces~ 3 Ms. Lescarbeau read the legal notices to open the public hearings. Steve Stapinski was present to present the plan. The site is a 40,000 sq. ft. parcel owned by the Gallants. It is the last house in the R-6 zone to be developed. The property is located in between Meadowood III and Nadine Lane on Route 125. Three new lots front on Route 125, one lot fronts on the roadway connection between Nadine and Meadowood III (Peterson Road). The Gallant property is less than 3 acres in size, therefore, it is coming through the process as a modification to Meadowood III. The biggest concern is lot 3M which fronts on Peterson Road. Mr. Stapinski is looking for the Planning Board to allow access to lot 3M, however, a large wetland exists between Peterson Road and the buildable portion of the lot. The applicant is asking to access lot 3M across lot 4M with a common driveway off of Route 125. The Conservation Commission will not allow access to the lot over the wetlands, therefore, there is no danger that wetlands will be filled if the access is denied. Tom Laudani was also present and stated that when Meadowood III was developed the Planning Board and Conservation Commission had to be somewhat flexible. If this request doesn't receive approval, it almost doesn't do justice to the development as a whole. Jim Towle, an abutter, asked if it was a sure thing that the state would approve a curb cut on Route 125, and does the Planning Board have to approve the curb cut before the state does? Mr. Towle is very concerned about 4 houses being built on 2 lots. Ms. Colwell stated that a building permit wouldn't be granted if the state doesn't give approval for a curb cut. A site walk is scheduled for November 11, 1995 at 8 a.m. Discussion of this item is continued until November 21, 1995. M~utes When enough members were present for a quorum, the Board revoted the minutes. On a motion byMr. Rowen, seconded by Ms. Lescarbeau, the minutes of October 10, 1995 and October 17, 1995 were approved, and the minutes of November 1, 1995 were approved as amended. Decisions~ Lot i & 2 Boxford Street - Access Across Street Frontaae On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to DENY the special permit as amended. Lot 1 & 2 Boxford Street - Common Driveway On a motion byMr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to DENY the special permit as amended. AVDrO Development fHanaers) - site plan review Due to a possible conflict of interest, Mr. Mahoney, chairman, abstained from discussion and voting on this special pek~mit. On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted to approve the special permit as amended. Bxecutive Bession On a roll call vote, the Board agreed to move into Executive Session for the purpose of discussing strategy with respect to the litigation involving the roadway bond for Nadine Lane. The Board will then reconvene in open session. The vote took place at 9:00 p.m. Roll call: Alison Lescarbeau yes Joseph Mahoney yes Richard Rowen yes Richard Nardella yes Alberto Angles yes On a roll call vote, the Board agreed to move out of Executive Session and reconvene in open session. The vote took place at 9:10 p.m. Roll call: Alison Lescarbeau yes Joseph Mahoney yes Richard Rowen yes Richard Nardella yes Alberto Angles yes Lot 15 Carriaae Chase - Abandonment of Easement The Board discussed the request from Atty. Howard Speicher to endorse an abandonment of two temporary drainage easements located on lots 14, 15 and 16 Carriage Chase. The easements are shown on the subdivision plan, however, there was never a separate document deeding the easements to the Town. Therefore, this abandonment is not technically required, but will clear up any potential issues in the future. The Planning Board, by consensus, agreed to endorse the abandonment of easement. 5