HomeMy WebLinkAbout1996-12-17Planning Board Minutes
Senior Center
December 17, 1996
Members Present:
Joseph V. Mahoney, Chairman, Alison Lescarbeau arrived at 7:02
p.m., Richard Rowen arrived at 7:08 p.m., Richard Nardella
arrived at 7:20 p.m., John Simons arrived at 7:21 p.m. Alberto
Angles was absent Kathleen Bradley Colwell was also present.
The meeting was called to order at 7:10 p.m.
Minutes
November 19, 1996 - No actiOn taken
December 3, 1996 - No action taken
Discussion
Heritage Estates-settlement discussion
Paul Donahue was present along with Jim Senior Esq. to represent
Heritage Estates. In the letter that Paul Donahue wrote it
stated that they agreed to the 100' no build zone, the 50' no cut
zone, the 25' no cut buffer to the edge of the right of way, a
full internal review of revised plans and drainage calculations
will be made by the Town Staff and an outside consultant, and to
have a meeting between the Planning Board and the abutters. They
do not agree to the condition of the 9 buildable lots. There
reasons being that the project is extremely expensive from a
construction point of view, and the applicant cannot accept a
restriction in the number of lots, the applicant believes that
they should have a maximum of 12 buildable lots.
Mr. Mahoney was concerned that there be no effect on the
watershed and it would be protected.
Mr. Mahoney stated that he thought the members should read the
letter that Mr. Donahue wrote and talk about it in Executive
Session.
Subdivision Rules & Regulations update-creation of a subcommittee
Ms. Colwell and Mr. Scott would like to create a subcommittee to
update the rules and regulations. Ms. Colwell has gotten some
sample regulations from other towns. Mr. Rowen volunteered to be
on the subcommittee and the Board volunteered Mr. Angles.
The Crossroads - gate
Ms. Colwell stated that the Traffic Advisory Committee has not
met yet. Mr. Rowen asked who was on the committee if he wanted
to comment. Ms. Colwell stated that George Perna, Chief Dolan,
and Chief Stanley were on the committee. Ms. Colwell stated that
the Zoning Board has final vote.
Coventry I - bond update
Ms. Colwell spoke with Peter Tedesco, who stated that they have
been working with DPW and have completed almost all of the actual
site work and have obtained almost all of the necessary
easements. Ms. Colwell has asked him to provide the Board with a
project update listing what items have been accomplished.
Master Plan Committee - update
Ms. Colwell stated that the Master Plan Committee will be meeting
on Thursday and the neighborhood meetings will be continuing
until January.
Public Hearings (7:30 p.m.):
Old Center Lane-subdivision
Ms. Lescarbeau read the legal notice to open the public hearings.
Ben Osgood of New England Engineering showed the Board some plans
of Old Center Lane a two lot subdivision off of Johnson Street.
The property consists of 3 acres. There are no wetlands on the
site. Town sewer and water will be provided.
Mr. Rowen questioned about having 16' of fill with a 2:1 slope.
Mr. Rowen suggested increasing the road slope to reduce the fill.
Ben Osgood stated that this plan meets all rules and regulations,
and plans to landscape along the Rodriques property. Mr. Osgood
will look at an 8% roadway to see how the fill is reduced.
Mr. Simons stated that they should not build the road but, should
construct a driveway instead.
Mr. Nardella asked if there was an opportunity that they could
connect the cul-de-sac on Heritage Estates to Old Center Lane.
Ben Osgood stated that they could get to the backside of Heritage
Estates however the slopes are too steep to have a road connect
all the way through.
Ms. Colwell stated that a reserve strip is shown on the plan
which separates the Rodriques property from the street. This
would require a waiver from our rules and regulations. The
sidewalk requirement should be waived. There are no major issues
with the drainage per our consultant John Chessia.
Ms. Colwell stated that when she was out at the site with John
Chessia looking at the drainage she noticed that there were a row
of trees and wondered if there was a way to save them. Ben
Osgood stated that there were about seven (7) trees there and the
ones that aren't so great are the ones they will be taking down.
Peter Rodriques, 128 Johnson Street has some concerns about the
plan and has hired an engineer to review the plans.
Robert Gill of Gill & Associates, 418 Bridge Street, Lowell was
present to represent the Rodriques. He stated that there was an
18' differential between the front and the rear of the site. He
had concerns about the grade in the cul-de-sac and if they put
16' of fill for the cul-de-sac, it would be unsightly for
neighbors, also that if they put 16' of fill they made need a
retaining wall. There were concerns about the detention pond
being 22' lower than the cul-de-sac and thinks it will be too
deep, that it should have a 3:1 slope. Mr. Gill also stated that
guard rails may to be required. Mr. Gill had some concerns about
creating wetlands in the future at the outlet of the detention
pond, also about hydrology of the detention pond.
Bill Crawford, 144 Johnson Street has concerns about whether the
roadway would be accepted by the town and would prefer that it be
a public road. Mr. Simons stated that the choice may be between a
24' road or a driveway.
Garwood Platt, 74 Johnson Street stated that the plan is a
stretch to make it buildable and wants to know why the Board
would approve it.
Mary Armitage, 12 Sutton Hill Road has concerns about the
drainage in the area and problems with water in her basement.
Phil Nyman, Esq., Mr. Rodriques lawyer stated that they have not
seen a plan without a reserve strip and they don't know what an
alternative is and are against the whole subdivision. They also
oppose the reserve strip and do not want anything waived until
this issue is reviewed.
Mrs. Crocker, 145 Johnson Street has a concern about having a
street at the end of her driveway, and was concerned about the
more traffic. Ben Osgood stated that there would be about 20
vehicles per day. Ben Osgood also stated that the plan meets all
safety factors.
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Mr. Mahoney stated that the Board does not have control over
house location or design under subdivisions.
Ben Osgood stated that they will build a quality home of at least
3,000 SF.
Ben Osgood stated that they could make a larger right of way to
deal with the reserve strip issue. Mr. Osgood asked if Attn.
Nyman could put his concerns in writing.
Mr. Nardella asked Ben Osgood to look at the change in the grade
of the roadway and a future connection to Heritage Estates.
Mr. Rowen asked to look at a plan with the amount of fill up to
8% - 9% grade to see the effect on the grade.
Martha Rodriques asked who was going to develop the property.
Ben Osgood stated that it is unknown at this time.
Mr. Simons stated that the Planning Board can only turndown a
subdivision for three (3) reasons: if it doesn't comply with the
Zoning Bylaw, if it doesn't comply to the Rules & Regulations of
the Planning Board and Board of Health.
Garwood Platt, 144 Johnson Street has concerns about the Town's
Rules & Regulations.
Mary Armitage, 12 Sutton Hill Road is concerned about the house
style and design in the neighborhood.
Continued to January 7, 1997 meeting.
Continued:
476 Chickering Road (Sal's Pizza) - Site Plan Review
Jeff Brem was present representing Sal's Pizza. Mr. Brem stated
that the issue at the last meeting was to change the exit and
entrances so that the vehicles would enter on Park Street and
they would exit onto Main Street so they would have the lights to
make traffic a little better. Mr. Brem agreed to that. Mr.
Mahoney stated that he drove by the Salem, NH Sal's Pizza to see
how the building was set up.
Mr. Mahoney thought that looked very nice. Mr. Mahoney
questioned why they could not connect the two parking lots.
Mr. Nardella asked where the sign was going to be put and where
the dumpster was going to be put. Mr. Brem stated that the sign
is going to be put in the parking lot on Main Street and the
dumpster is going to be put behind the building were it is now.
Mr. Nardella had concerns about the parking and the number of
seats in the building. Mr. Brem stated that they have 28 parking
spaces and that makes about 56 seats inside for customers.
Ms. Lescarbeau asked what the dimensions of the building were
going to be. Mr. Brem stated that they were 46' x 50'
Mr. Rowen suggested that they extend the sidewalk out to the
street and that they need to landscape on the Main Street side.
Mr. Nardella asked what kind of use the basement would have. Mr.
Brem stated that it would only be used for storage.
Mr. Simons asked what color and what style of brick was going to
be used on the building. Mr. Brem stated that it was going to be
red, square brick.
On a motion by Mr. Rowen, seconded by Ms. Lescarbeau the Board
voted unanimously to close the Public Hearing.
Lot F FlagshiP Drive- site plan review
Frank Iebba was present to represent Lot F. Mr. Iebba stated
that they did tests on Sunday after the site walk on Saturday and
they were inconclusive. Mr. Iebba stated that he would provide
underground storage tanks.
Mr. Nardella asked if the property owner would give them an
extension on purchasing the property. Mr. Shaheen stated that he
would mention it to the property owner to see if they could get
an extension on purchasing the property.
Ms. Colwell stated that the town has never used an underground
system before and that she is not aware of how they work.
Mr. Rowen stated that there are two issues that have not been
cleared one is on the drainage, he saw no problem provided if we
get feedback from our consultant that the problem is solvable and
the town is protected and the risk is borne by the applicant.
The second issue is the how high the retaining wall is.
Ms. Colwell stated that there is always a way to maintain
drainage it is just a matter of money and building location.
Mr. Iebba stated that to put in the underground tank would cost
about $25,000 and to put in the drywell it would cost about
$20,000 but, with more labor. He is confident that it will work.
He will submit a plan for the retaining wall stamped by a
structural engineer.
On a motion by Mr. Rowen, seconded by Ms. Lescarbeau the Board
voted unanimously to close the public hearing.
701 Salem Street-site plan review
Steve Stapinski of Merrimack Engineering was present representing
701 Salem Street, Bob Daley also of Merrimack Engineering was
present. Matthew Xenakis, owner of 701 Salem Street was also
present. Steve Stapinski addressed the Board stating that they
will have a drive up area, their sign will be a wooden
contemporary. Their handicap ramps are going to be relocated so
they're closer to the doors. They have also added an additional
catch basin in Salem Street.
Mr. Mahoney is concerned about how they will connect the catch
basins. Mr. Stapinski stated that they will connect the pipe
from Summer Street and two (2) basins will be added.
Ms. Colwell stated that the entrance to Abbott Street was to be
one way.
Mr. Nardella stated that there was an issue of having a traffic
light put in. Ms. Colwell stated that the Police Dept. wanted to
put in a flashing blinking yellow light but the Planning Board
felt that it was excessive. Sidewalks will be provided.
Mr. Nardella is concerned about how the numbers were calculated
on the parking spaces. Mr. Stapinski stated that the Building
Inspector calculated the figures by putting in a bank and
restaurant. Mr. Stapinski added that the retail business would
need 25 parking, if they added a restaurant and a bank they would
need an additional 14 spaces extra.
Ms. Colwell stated that the newly drafted plans were brought into
her at 2:30 p.m. Tuesday afternoon. Therefor she has not
reviewed them nor has any other town staff.
Mr. Simons stated that he thought they should put in picket
fences along the front of the building.
John Depippo of 695 Salem Street has been working with Matthew
Xenakis. Mr. Depippo is concerned with his side of the property
and with the type of fence that will be put up. They have talked
about having an 8' fence but would have to get a variance from
Zoning Board of Appeals. The Board had no problem with this, but
wants the fence to slope down at the ends 4-5 feet. They will
determine the style with the fence company. Mr. Depippo has gone
to the nursery and they have suggested a Canadian Hemlock. Ms.
Colwell stated that as long as they agreed there was no problem.
On a motion made by Ms. Lescarbeau, seconded by Mr. Rowen the
Board voted unanimously to close the public hearing.
Endorse Plans
Lot 1-5 Rosemont Drive-FORM A
Ralph Joyce was present representing Rosemont Drive. There was a
discussion as to whether or not this land was included in the
original lot calculations. Ms. Colwell stated that the 50'
buffer zone could remain as shown on the subdivision plans with
all of the homes behind the zone on the newly added property.
After reviewing the plans and the historical data the Board
determined that the buffer zone could be moved to the rear of the
new property and the homes located appropriately.
Mr. Nardella made a motion to have Ms. Colwell endorse the plans
when they are revised, seconded by Mr. Simons.
Boxford Street - FORM A
Scott Giles submitted a revised plan showing the property
boundary of the remaining land. Ms. Colwell recommends the Board
endorse the plans. The Planning Board endorsed the plans for
Boxford Street.
Lots l&2 Salem Turnpike - FORM A
Lou Kmiec was present representing Salem Turnpike. Mr. Kmiec
stated that the piece of property was zoned for industrial use
and is 90,000 SF of land and would like to make 2 industrial
lots. All of the lots conform to zoning and the lot is on a
public way. There are no impediments to access as both lots
already have a curb cut. Ms. Colwell recommends endorsing the
plans. The Planning Board authorized Ms. Colwell to endorse the
plans.
Ms. Lescarbeau left the meeting at 10:05 p.m.
Lots A,B, CI,C2 and D Academy Road -FORM A
Robert Stevens and Samuel Stevens would like to divide their
property east of Academy Road by creating lots A and B and shift
the lot Tine between lots C and D to the west. Ms. Colwell
recommends endorsing the plans. The Planning Board authorized
Ms. Colwell to endorse the plans.
Campbell Road - FORM A
The owner of Lyons Way subdivision is filing a plan to eliminate
lot lines and have it viewed as one lot for tax purposes. Joel
Bard, Esq. stated that the Board could sign it however it doesn't
eliminate the subdivision approval it simply adds another layer
of bureaucracy. The Planning Board authorized Ms. Colwell to
endorse the plans.
Lot/Bond R~leases
Wagon Wheel Estates - subdivision
Ms. Colwell received a letter from DPW. Mr. Rowen read the
letter from DPW stating that they can release $57,000 and retain
$17,580.
On a motion by Mr. Nardella, seconded by Mr. Simons the Board
voted unanimously to release $57,000 and retain $17,580.
White Birch I - PRD
Mr. Rowen read the letter received from DPW stating that they
could release part of the bond money. Mr. Rowen stated that the
figures did not look right and suggested that the Board should
not release the money. MS Colwell is to ask for revised
calculations.
Cherise Circle - PRD
Ms. Colwell received a letter from DPW. Mr. Rowen read the
letter from DPW stating that they could release $16,700 and
retain $18,300.
On a motion by Mr. Rowen, seconded by Mr. Nardella the Board
voted unanimously to release $16,700 and retain $18,300.
Jerad IV - PRD
DPW sent over no information for this release.
Lot 25 (1092) Great Pond Road - Watershed special Permit
Ms. Colwell received a letter from Mrs. French stating that in
1990 the Planning Board granted a special permit to allow
construction of a single family dwelling in the non-disturbance
zone. The French's posted a $10,000 bond until they hooked up to
town sewer. They have now hooked up to town sewer and have
requested the release of their bond. Ms. Colwell suggested to
release their bond.
On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board
voted unanimously to release the $10,000 bond.
Executive Session
On a roll call vote, the Board agreed to move into Executive
Session for the purpose of discussing the Heritage Estates
subdivision. The Board will reconvene in open session. The vote
took place at 10:15 p.m.
Roll call vote:
Mr. Mahoney yes
Mr. Rowen yes
Mr. Simons yes
Mr. Nardella 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
10:35 p.m.
Roll call vote:
Mr. Mahoney yes.
Mr. Rowen yes
Mr. Simons yes
Mr. Nardella yes
Adjournment
On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board
voted unanimously to adjourn. The meeting adjourned at 10:40
p.m.
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