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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. 3 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. 9