HomeMy WebLinkAbout1997-02-18!Planning Board Meeting
!Senior Center
~February 18,1997
Members Present:
iJoseph V. Mahoney, Chairman, Alison Lescarbeau, Clerk, Richard
iNardella arrived at 7:05 p.m. and John Simons arrived at 7:10
ip.m. Richard Rowen, Vice Chairman and Alberto Angles, Associate
~eraber was absent . Kathleen Bradley Colwell, Town Planner was
ialso absent.
i~Linutes:
!On a motion by Ms. Lescarbeau, seconded by Mr. Nardella the
minutes of February 4, 1997 were approved as amended.
Discussion:
~Orchard Hill Commerce Park - Preliminary Plan
Tom Zahoruiko was present representing Orchard Hill Commerce
Park. Mr. Zahoruiko stated that there were only 3 issues Ms.
Colwell had with the preliminary plan. The first issue is that
there is section of the ROW that takes an odd jog at the
beginning of his property line. The ROW should be consistent
throughout. The second issue was the roadway width. The rules
and regulations require 40' of pavement and the existing portion
!of the roadway is paved to 26'. Ms. Colwell suggested input from
iBilt Hmurciak, acting Director of DPW. Mr. Zahoruiko stated that
!Mr. Hmurciak stated that the Town has no issue with the roadway
~until it is excepted by the Town if the Board did allow the
waiver. The third issue is the cul-de-sac. The subdivision
rules and regulations require that the roadway be paved to an
outside radius of 100'. The applicant hes requested a waiver to
this section and proposes to build a tur~,around driveway on his'
property instead. Mr. Zahoruiko stated that cul-de-sac will be
eventually torn up when the road is extended. Mr. Zahoruiko
stated that the lot has plenty of space for turn around.
~Ms. Lescarbeau asked if the road should be brought to the end of
ithe property line even though the construction of the cul-de-sac
is waived.
Mr. Mahoney stated that there should be no cul-de-sac but pave to
the end of the property line.
On a motion by Mr. Nardella, seconded by Ms. Lescarbeau the Board
voted unanimously to approve the preliminary plan as submitted
isubject to changes to paving the end of the property line,
!subject to DPW's input and the right of way to be perfected.
iOpen Space Committee - update
iMike Howard, Conservation Administrator, wrote a letter stating
!that he would be happy to come to a Planning Board meeting to
imake a brief presentation about the goals for the Open Space
iCommittee. Mr. Howard stated that the input from the Planning
iBoard is essential.
!The Crossroads - gate
iMr. Mahoney stated that there is no new information. Ms. Colwell
isent a letter to the Zoning Board of Appeals requesting that they
leave the gate open.
iCoventry I - bond update
!Ms. Colwell spoke to Bill Hmurciak and he has been working with
~the project manager to complete the punch list items remaining
!for completion of the subdivision. Ms. Colwell asked for an
~update from Mr. Hmurciak.
Master Plan Committee - update
iThe Master Plan Committee will begin doing the phone surveys next
iweek. The Board was offered a chance to sign up for times to
ivolunteer to help with the survey. Mr. Scott is finishing up
iwith the questionnaire and will show the Board as soon as it is
ifinished.
Public Hearings - New:
201 Sutton Street (Dialysis Center) - site plan review
Richard Kaminski, Attorney George Della Russo Jr., Jerry McNeil,
V.P. of Renex in Dallas, TX and owners, Kenneth and Carrie Crouch
~were present representing Renex Dialysis Center. The
iapplicants went to the Zoning Board of Appeals and received a
ivariance. There will be no work done to the exterior of the
!building with the exception of raising the grade locally at an
!existing loading dock and the painting of parking lines to change
spaces on the existing paved surfaces around the building. The
applicant has filed for a special permit but is requesting a
waiver.
~Mr. Nardella asked how many people would be working there and
lwhat was the square footage. Mr. McNeil stated that there was a
!total of 10 employees and 13,000 SF. Mr. McNeil added that the
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ifirst floor there would be 19 dialysis stations. The second floor
~was planned for administrative functions.
Mr. Mahoney asked why site plan review should be waived. Mr.
iKaminski stated that the Zoning Bylaw states that if a project is
not going to have an adverse impact, review can be waived.
iMr. McNeil stated that 30-45% of the patients drive. The rest of
!them have family members drive them or have a van pick them up
ifrom the hospitals because the patients are too weak to drive.
iTwo handicap parking spaces are planned.
Mr. Nardella asked if the applicants had plans to expand. Mr.
~McNeil stated no.
Ms. Lescarbeau stated that the Board should draft a decision
stating that they can not have more than 19 stations and they
ihave an adequate amount of parking.
!Mr. Nardella asked what kind of traffic would be coming through
the property. Mr. McNeil stated that there would be a large
itruck once a month for two hours to off load the materials.
~The variance that was granted allows 37 parking spaces instead of
50. The width of the isles 25' and the minimum is 16 ~'. The
~one condition is that they have to provide landscaping on the
!property.
IMr. Nardella and Mr. Simons stated that they would not waive the
review.
iMr. Nardella stated that they should open the Public Hearing.
The vote was:
Mr. Nardella yes
Mr. Simons yes
Ms. Lescarbeau yes
Mr. Mahoney did not vote
!The Board opened the Public Hearing.
Mr. Nardella asked if there are any other possible uses. Mr.
McNeil stated that they are strictly a dialysis center and do not
plan to do anything but dialysis.
Ms. Lescarbeau asked if they are planning to lease all the
property. Mr. Crouch stated that at the present time h of the
~property is the dialysis center and there is a gymnastics studio
in the rest of the building.
Mr. Simons asked what were the hours of operation. Mr. McNeil
stated that they will be open from 6 a.m. - 6 p.m. Monday -
iFriday. There are two shifts per day each lasting 5 hours. Mr.
iMcNeil stated that when they open the business they will have
!only about 60 patients.
!Mr. Simons asked what kind of exterior lighting does the building
!presently have. Mr. Crouch stated that there is one light facing
ithe driveway and is on a timer and there is one in the front and
lin the back and they stay on a timer all night.
iMr. Simons asked if they had a company to pick up the medical
iwaste. Mr. McNeil stated that they will put non-hazardous waste
iin the dumpster and the hazardous waste would be disposed in a
hazardous waste container inside the building and would be picked
iup by a hazardous waste company.
!Ms. Lescarbeau stated that she thought that they should put a
ifence around the dumpster.
iMs. Lescarbeau asked if the sign was going to change. Mr. McNeil
stated that they will conform to the rules and regulations, but
ihe stated that dialysis centers do not need to advertise so they
ldo not need a huge sign.
iThe Board voted to approve 201 Sutton Street Dialysis Center Site
Plan Review Modification on the terms that there is a maximum of
19 stations in the building subject to ZBAs decision being issued
and having a stockade fence around the dumpster.
On a motion by Ms. Lescarbeau, seconded by Mr. Nardella the board
!voted unanimously to close the public hearing.
~On a motion by Mr. Nardella, seconded by Mr. Simons the Board
~voted unanimously to direct Ms. Colwell to draft a decision.
iContinued:
Pheasant Brook - access
A1 Coulliard was present representing DECM Essex Inc. Mr.
iCoulliard stated that they are requesting a special permit to
fallow access to lot 5 over lot 6 due to the presence of two
vernal pools on the site. Mike Howard, Conservation
Administrator, wrote a letter to the Planning Board explaining
why the Board should allow access over lot 6 and eliminate the
potential alteration of this sensitive wetland resource area.
!Mr. Nardella stated that he is absolutely not in favor of
igranting this special permit.
iMr. Simons asked what benefit the Town would gain by denying it.
!He said he thought the situation was a perfect example of the
ireason for the existence of the special permit provisions. Mr.
~Mahoney concurred with Mr. Simons.
iMr. Nardella suggested that the Board continue this discussion at
!the next meeting because not all the members are present and he
iwould like to stick to his guns about special permits. With 4
iaffirmative votes required and only 4 members present, the
!hearing was continued to March 4, 1997.
Forest View Estates - subdivision
The applicant requested a 90 day extension.
iOn a motion by Ms. Lescarbeau, seconded by Mr. Simons the Board
,voted unanimously to grant a 90 day extension.
~Old Center Lane - subdivision
Ben Osgood Jr. was present representing Old Center Lane, a
iproposed 2-lot subdivision. John Chessia, consultant to the
iPlanning Board, had 26 comments to the subdivision. Mr. Osgood
stated that he had some minor issues left with Mr. Chessia's
comments. Mr. Osgood stated that that he should have revised
[plans within 2 days and give them to Mr. Chessia. Mr. Osgood
stated that he would like a waiver of the construction
requirements for the roadway.
!Mr. Osgood stated that the proposed subdivision layouts were sent
to DPW, Police Chief and Fire Chief and they support this
~configuration.
iMr. Osgood stated that a slender parcel between the roadway and
ithe abutting Roderiques property would be given to the Roderiques
ito do what ever they want to it. Mr. Nardella asked if the
iRoderiques had enough land to build another house on the
!property.
'Ms. Lescarbeau stated that a common driveway can serve only 2
houses.
iMr. Nardella asked if they were taking land that would be part of
the road. Mr. Osgood stated that the road is a private way with
the two houses owning it. Mr. Nardella stated that it would be a
paper street.
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!Mr. Mahoney asked if the Roderiques had any intentions of
ibuilding. Mr. Roderiques stated that it is like an insurance
ipolicy, if they want to build they have a chance to.
iMr. Mahoney stated that we require subdivision roads to connect
ito the abutting property. Mr. Nardella asked if the Roderiques
!get the sliver of land would they get a waiver of construction
ifor 2 lots.
!Mr. Nardella stated that it looked like the Planning Board had
created another developable piece of land. Mr. Mahoney said that
!if Mr. Osgood can meet the requirements he has a subdivision.
iBill Crocker, 145 Johnson Street, asked why the Board would allow
iMr. Osgood get away with this. Mr. Simons stated that the Board
iwould rather see a driveway then a huge cul-de-sac for 2 houses.
iMr. Nardella asked what the number of acres is with the sliver of
!land and the Roderiques property. Mr. Roderiques stated that it
iwas 1.98 acres. Mr. Nardella stated that it was enough to build
a home.
Mr. Osgood stated he was proposing only 2 houses.
iOn a motion by Ms. Lescarbeau, seconded by Mr. Nardella the Board
voted unanimously to grant a 60 day extension.
Continued until March 4, 1997.
!Red Gate Pasture- subdivision
iBen Osgood Jr. requested a continuance until March 4, 1997.
:The Board agreed to extend the deadline for Red Gate Pasture for
90 days.
!Brookview Estates - subdivision/PRD
iDave Kindred and Mike Rosati were present representing Brookview
iEstates. They have filed with ConCom. They are dealing with a
inumber of issues with Conservation Committee. One of the issues
is proposing to extend the water from Duncan Drive. Mr. Rosati
stated that they have a letter from John Chessia, the town's
outside consultant, stating that they can continue to drain into
the wetland resource area. Mr. Rosati seated that their biggest
concern is getting water to the subdivision. ConCom suggested
inot to alter the wetlands to get the water through, he said.
!Mr. Rosati stated that an option is to burrow a sleeve under the
iwetlands. Ms. Lescarbeau asked what it would cost for them to do
isomething like this. Mr. Rosati stated about $25,000 - $50,000.
!Mr. Nardella stated that he thought that would be ludicrous to
!make a developer spend that to avoid disturbing a small wetland
ifor a brief time.
iMr. Rosati stated that they wanted to create a path to Duncan
Drive and put a Boardwalk over the wetlands as an alteration.
Hr. Nardella asked if you need the boardwalk to get access. Mr.
iRosati stated yes.
Ms. Lescarbeau stated that she thought that the Planning Board
should write a letter to the Conservation Committee stating that
!the Planning Board endorsed a water line tie-in and pedestrian
~access from Duncan Drive. Mr. Rosati stated that the Seallys,
abutters, have the problem with the boardwalk because they feel
ithat when the boardwalk is flooded people will cut across their
iproperty to get to Duncan Drive.
!Elsie Pouliot, Boxford Street, stated that a lot of this negative
input is coming from the abutters because there is a stream that
runs behind the Seallys property and it increases flooding.
iMr. Rosati stated that Mr. Kindred spoke to the Seallys and they
have agreed to put the waterline on their property jacked under
the wetlands. The Seallys are willing to allow an easement to
their property but Mr. Seally does not want to see the boardwalk.
iMr. Nardella asked how long the boardwalk was. Mr. Rosati stated
!it was 4' x 10' going from edge of the stream to edge of stream.
Mr. Rosati stated that they have offered the Seallys a fence
around their property so people would not cut through their
property if the boardwalk did flood.
Mr. Rosati stated that Mike Howard, Conservation Commissioner is
!agreeing with boardwalk.
!Mr. Mahoney said he would send a letter to the Conservation
iCommission with respect to the water main and pedestrian access
in time for the Commission's meeting on Wednesday.
Mr. Rosati stated that at this point in time all issues are fine
!with John Chessia, Town's Consultant. Mr. Rosati asked if the
Board could put the Boardwalk in their decision.
Mr. Simons asked if the Conservation Committee is voting on the
Order of Conditions or on the drainage issues.
!Mr. Nardella asked what the total number of houses that they are
iplanning to get. Mr. Rosati stated that 15 as a part of this
iprocess. Mr. Rosati stated that Sandra Starr, Health
iAdministrator stated that there are 15 lots.
!Mr. Simons asked that if the commission was giving the applicant
isuch a hard time what makes you think that they will give you 15
ilots. Mr. Rosati stated that all the lots are out of the buffer
Izone.
!Mr. Nardella asked if there was ever talk about an access to
Duncan Drive. Mr. Rosati stated that there was no incentive to
put it through because it would be a large wetland crossing.
Mr. Mahoney stated that ConCom and Planning are doing two
Parallel things based on each others conclusions.
iOn a motion by Mr. Nardella, seconded by Mr. Simons the Board
ivoted unanimously to extend the deadline for Brookview Estates
iuntil April 30, 1997
Rocky Brook II - subdivision
Peter Breen requested a continuance until March 4, 1997.
On a motion by Mr. Nardella, seconded by Mr. Simons the Board
voted unanimously to grant an extension until April 18, 1997.
iMr. MahoneY stated that if the applicant did not submit the plans
ion time to Ms. Colwell for the staff to review it will be denied.
iDecisions:
Sal's Pizza - site plan review
The Board continued its discussion of the decision. Sal Lupoli
was present representing Sal's Pizza. At the last meeting there
:were some changes that some members of the Board wanted Mr.
iLupoli to make. He changed columns from brick to wood. He also
ifaced the building on Main Street to accent the store. There is
ia sidewalk that comes out onto Main Street with picnic tables out
ifront. There is going to be a dumpster on the side of the
ibuilding enclosed with a brick wall. There are going to be wood
signs with lights facing them to accent the building.
Mr. Simons stated that he thought the planned signage was an
overkill.
iMr. Nardella stated that as long as it is in accordance with the
iBylaw he has no problem.
~Mr. Simons suggested that the 3 parts on the sign should be
combined and it will pull it in together. Mr. Simons also stated
!that he would like to see a picture of the light fixtures.
iMr. Nardella expressed the thought that construction during the
!school's summer vacation would be helpful, and it would not
affect the nearby Middle School.
Mr. Lupoli stated that he was planning on putting up a fence
around the property during construction to keep children from
!getting injured.
The Board instructed Ms. Colwell to have a draft decision for the
next meeting.
iLot/Bond Releases:
!Parcel B Rosemont Drive - lot release
!The applicant is requesting the release of parcel B from the
icovenant originally put on record by North Andover Estates.
On a motion by Mr. Nardella, seconded by Mr. Simons the Board
voted to release Parcel B Rosemont Drive.
Adjournment:
~On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the
!Board voted unanimously to adjourn. The meeting adjourned at
~9:50 p.m.
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