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HomeMy WebLinkAbout1997-03-04,Planning Board Meeting iSenior Center March 4,1997 Men. ers Present: iJoseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman and iAlberto Angles, Associate Member. Alison Lescarbeau, Clerk ~arrived 7:15, John Simons arrived at 7:25 p.m. Kathleen Bradley Colwell, Town Planner was also present. Richard Nardella was absent. iMinutes: !On a motion by Ms. Lescarbeau, seconded by Mr. Rowen iof February 18, 1997 were approved. !Discussion: the minutes The Crossroads - gate Ms. Colwell stated that there is no new information. We are istill waiting for a response from the ZBA. The Board suggested ithat Ms. Colwell contact the Chairman of the ZBA. Coventry I - bond update Ms. Colwell stated that she asked Mr. Hmurciak, Assistant Director of DPW, to get the Board an update. iMaster Plan Committee - update iMs. Colwell stated that the volunteers took home the surveys to ldo at their leisure. Mr. Mahoney stated that while doing the isurvey he noticed that a lot of residents did not know what a PRD iwas and he did not view this as a big issue. iPublic Hearings - New: 154/164 Johnson Street - watershed special permit The Planning Board opened the public hearing. Mr. Mahoney read a letter from the applicant, Ben Osgood Jr. requesting a !continuance to the March 18, 1997 meeting. The Board granted the continuance. iContinued: !200 Chickering Road - site plan review iAtty. Peter Shaheen was present representing 200 Chickering Road. iMark Gross, MHF Design Inc. the site engineer stated that the Conservation Commission has also requested review of the drainage ifrom John Chessia, the Town's consultant therefore he will ~respond to both the Planning and Conservation drainage issues at ithe same time. iDermit Kelley of DJK Association conducted traffic counts while iMerrimack College was in session as requested by the Town's !traffic consultant and the counts were less than the original !ones. Mr. Kelley stated that he received a copy of all the ,accidents that occurred in North Andover from Mass. Highway and none have occurred on Farrwood. Mr. Kelley stated that in his opinion a left turn lane is not required. He is concerned about widening the shoulder as that may cause traffic to travel faster along Rt. 125. Mr. Kelley stated that while Ms. Colwell, Mr. Hajec and himself went out to the site people were turning into Farrwood and passed on the left hand side. !Sgt. Fred Soucy of the North Andover Police Dept., stated that a middle turn lane would benefit the Town but it would have to go ifrom Rennies to Mass. Ave. Possibly the costs could be borne by all property owners along that stretch of roadway. He is not in favor of widening the shoulder. If a middle turn lane is not iconstructed the roadway should remain as. If there are two vehicles and one went to pass on the right there would be adequate space to pass. Joseph Balliro, of 27 Farrwood Drive, asked if that was legal to !pass on the breakdown lane. Mr. Soucy stated that they need to ~determine if it is a breakdown lane. iLisa Neukuckatz, of 68 Farrwood Drive, stated that people will istart to pass on both sides of the street and make it a 4 way Street and what about the pedestrians that are walking. Mr. Soucy stated that there is a sidewalk for the pedestrians. Carol Rennie, owner, stated that there has never been an accident in front of Rennies. Ms. Lescarbeau stated that there was just one store there now however with this complex there will be more. Atty. Peter Shaheen stated that Mass. Highway has jurisdiction over Rt. 125 and the plans have been submitted for their approval. P.J. Piantadosi stated that these people live off of a state ~highway what do they expect. He would like to see a mall come !into this town instead of going over Andover to spend his money. iMs. Curcio, of Farrwood Drive, stated that once the mall goes in ithe accidents will start to occur just like they did when Osco iDrug went in on Rt. 114. She stated that 9 accidents have ioccurred. iJim McCarthy, Heritage Green property manager, stated that he idoes not want to see Rt. 125 turn into a Rt. 28 in Salem, NH. iCarol Rennie stated that the mall would be a benefit to the town land it will have a country atmosphere. iP.J- Piantadosi stated that the Rennies have lived in this town itheir whole life and they are not planning on putting up the mall land leaving town. Mark Gross, site engineer, stated that there would be 4 underground systems designed to store a 100 yr. Storm. Mr. Gross stated that they have been before ConCom and they have asked John Chessia to look over the drainage because they will be discussing that with ConCom. Mr. Mahoney asked where the runoff would go. Mr. Gross stated that it would go into the wetlands on the Rennies property. Ms. Colwell stated that the building inspector had concerns with ~the proposed drainage structures off site and suggested that the iapplicant check with him regarding this issue. Mr. Gross stated ithat all the runoff goes through the infiltration. iMr. Mahoney asked what would happen if the sumps overflow. Mr. Gross stated that the property owner is supposed to maintain the system and keep it cleaned out. If it is not, silt will build up and go through the pipe and to the infiltration system and ieventually be carried down the system. iMr. Rowen asked if something can be done to prevent this from !happening. Mr. Gross stated that a hood structure will be placed over the pipes to prevent garbage and silt from getting through. iAtty. Mark Johnson, representing Heritage Green, asked if the idrainage that is going into the wetlands is on residential property. Mr. Gross stated yes. Mr. Johnson stated that he asked John Morin, of Neve Associated to look over the proposed idrainage and he would like to be put on the cc: list when there lis information on the drainage for this property. Hr. Mahoney asked what the building looked like in elevation, llighting and landscaping. Mr. Gross stated that the original iplan had all compact parking spaces together now they have them !spread out throughout the parking lot. The lighting along the Iparking lot on the opposite side of Farrwood will have 12' high !lighting standards that cast light down on the lot. They will ihave landscaping with a stockade fence 5'high along Farrwood. iThere will also be a picket fence along the front of the iproperty. The signage will be reviewed by the building iinspector. iMr. Gross stated that the HVC units will be located on the top of ~the Rennies building in a pocket to reduce the noise. Helene Wilder, of Farrwood Drive, asked what side of the building will ~be facing Farrwood with the lighting issues and what about ~delivery times. Mr. Gross stated that the back of the building ~would be facing Farrwood and the only lights that would be on the back would be emergency lights on the back doors facing down to ithe door for security purposes. There are no late night or early morning deliveries. iMs. Colwell stated that there would be restriction on the delivery times written in the decision. iMr. Shaheen stated that he would like to end this at the next imeeting. They have designed the building to be safe and the itraffic has been approved by the Mass. State Highway. Joe Balliro, of 27 Farrwood Drive, asked if there was going to be any security with the overnight parking. Mark Johnson asked if there was going to be a buffer of trees iwhere the fence is going to be. Mark Johnson also asked if there ~are going to be any trees coming down and if the area is going to ~be graded. iJoe Balliro asked if there is going to be any restrictions on the construction hours. Ms. Colwell stated that the Police Department would be in charge of that. ~Continued until April 1, 1997. ~Lot 5 Pheasant Brook -access ~Ms. Colwell recommended granting the special permit. !On a motion by Ms. Lescarbeau, seconded by Mr. Rowen the Board ivoted unanimously to close the Public Hearing. iForest View Estates - subdivision iMs. Colwell stated that at the February 2, 1997 meeting there iwere significant issues remaining. The Board then allowed the iapplicant to submit new plans by February 18, 1997 to hear what ichanges they have made. Steve Stapinski, of Merrimack iEngineering, stated he had a meeting with Ms. Colwell, Mr. iChessia and himself to discuss outstanding issues. At the iFebruary 4th meeting, the Planning Board requested a revised istreet layout which eliminated 1 lot, and created a second access {to Rt. 114. The Board suggested putting back an Open space !parcel to be used for recreational purposes. Mr. Stapinski istated that he made changes to the water distribution and changes ito storm drainage system and sanitary system. There were !comments concerning the sewer and drainage that were addressed. Mr. Stapinski also stated that he revised the sewer plans and submitted a larger scale. Mr. Stapinski stated that he did not receive DPWs comments until today. Mr. Stapinski stated that he ineeds to walk the site with Mike Howard to clarify the wetland !issues. iMs. Colwell stated that neither Mr. Chessia, the Town's drainage iconsultant, nor Mr. Hmurciak, DPW were present to address their iissues for Forest View. Ms. Colwell read down a list of comments !from Mr. Chessia, the town's consultant, on major errors and ~omissions to the plan the applicant did not address. Ms. Colwell also received a letter from Bill Hmurciak agreeing with John Chessia's comments and adding some additional comments regarding the lack of completion of the plans. !Mr. Rowen stated that the Planning Board had given the applicant two chances to correct their plans. Some of the issues have been outstanding since May when the Board denied the Preliminary Plan. !At the February 4th meeting the Board highlighted the errors and igave the applicant 2 weeks to fix them. The plan still contains isignificant errors. Mr. Rowen stated that he recommends denial of 'the plan. Tom Laudani, developer apologized for the several inconstancies stated that he agreed that they have been given a lot of chances ibut, that it is hard to get the process off the ground. Mr. iLaudani stated that they went through the checklist with Bill !Scott, the Community Development Director, and Steve Stapinski. iThe Board then voted unanimously to grant a 90 day extension. iMr. Laudani stated that if the Board agrees to let them continue ifor 4 weeks to give Steve Stapinski time to sit down with John Chessia and go over all the outstanding issues he would give them !his word that everything would be up to date and submitted. If he did not get it all in by then he would except a denial. Richard Rowen stated that the Board is long past that point. Mr. iRowen stated that the Board wanted everything in by the 18th and ithat a complete plan should have been submitted at the time of the application in November. !Mr. Laudani stated that they met the submittal requirements. Mr. iSimons stated that they were supposed to be submitted correctly !the first time and the Board has given them three chances to submit accurate plans and data. iMr. Laudani stated that this is a complicated subdivision and a idenial is not going help the Town in any way. Ms. Lescarbeau stated that she agrees that applications have been going on forever but also agrees that by denying is not going to ~change anything. Steve Stapinski stated that item #3 of Mr. Chessia's letter is !not design error it is a misinterpretation of the plans. iMr. Laudani stated that for the next meeting he would like to get ihis own outside consultant to review Mr. Stapinski's work. ,Mr. Mahoney stated that he recently looked up a case and if the !applicant comes in with information and plans with so much as a comma out of place the Board has the right to deny the plans. iMf. Rowen stated that the Board could argue forever on this subject but, back in December the Board was fed up and is still fed up with the lack of response from the applicant. iOn a motion by Mr. Rowen, seconded by Mr. Simons the Board voted iunanimously to close the public hearing. On a motion by Mr. Rowen, seconded by Mr. Simons the Board voted ~unanimously to deny Forest View Estates subdivision. Old Center Lane - subdivision Mr. Osgood requested a continuance until March 18, 1997 !Red Gate Pasture- subdivision iMr. Osgood requested a continuance until March 18, 1997. Brookview Estates - subdivision/PRD ~Ms. Colwell stated that she and Ms. Start, Health Administrator, will be attending the ConCom meeting on March 12, 1997 to talk about the water main issues. Mr. Kindred requested a continuance until March 18, 1997. iRocky Brook II - subdivision !Ms. Colwell stated that this project has dragged on and the Board iwants to resolve it. They have not filed with ConCom and the iRivers Act & Storm Water Management have all come into affect on ithis subdivision. John Morin of Neve Associates was present to !represent Rocky Brook II. Mr. Morin stated that there was only 2 imajor design changes in that the brook crossing has been lifted 12'and the drainage system has been changed to address the new ~Storm Water Management regulations. Mr. Morin stated that all ibut 8 comments have been addressed from Mr. Chessia, towns outside consultant, letter. When Mr. Chessia responds with comments from the revised plans they would like to meet with Bill ~Hmurciak, Asst. DPW Director, to discuss the rest of the ~comments. !Ms. Colwell stated that usually when the applicant gets down to iabout 2 comments left with Mr. Chessia they usually sit down with Mr. Hmurciak and go over the remaining issues. Ms. Colwell stated that when there are wetland issues the length !of time to hear a project is extended. Mr. Morin stated that the issues that Mr. Chessia has with planning are also with conservation. iMS. Colwell asked the Board how to resolve getting through the ~projects quickly. Mr. Simons stated that we should do the same ~for everyone. Ms. Colwell stated that it is not a lack of information it is a itime delay. Ms. Colwell stated that she spoke to Peter Breen and told him that she will not recommend an extension of time after the 90 day deadline. Mr. Simons questioned how the applicant can accelerate the process. Ms. Colwell stated that by meeting with Mr. Hmurciak !and going over the remaining issues the remaining items can be resolved. iMr. Morin stated that at the next meeting he will have a lot of !feedback and hope to have Mr. Chessias comments in the next ~couple of days. iContinued until March 18, 1997. Decisions: Sal's ~i~-za - site plan review The Board continued its discussion of the decision. Sal Lupoli was present to represent Sal's Pizza. Sal spoke with Bob iNicetta, building inspector, about bringing the wording on the signs closer together so it would not look like 9 signs but 3. iAt the last meeting Mr. Simons stated that he would like to know what kind of lights they will be using and Mr. Lupoli stated that ithey were bronze colonial light fixtures. Ms. Colwell received a ~letter from Chief Dolan stating that the dumpster had to be moved ~because there is so much paper waste be disposed of and it would ~be a fire hazard. Mr. Lupoli stated that he had a couple of ideas for the trash disposals. Mr. Lupoli stated that he could get (2) 60 gallon tote barrels and put them out every morning and have waste management pick it up every day or they could move the idumpster to another spot. The Board agreed that Ms. Colwell can ~work out the trash issue with Mr. Lupoli and the Fire Chief. iOn a motion by Mr. Simons, seconded by Mr. Rowen the Board voted :unanimously to reconsider its decision. ~On a motion by Mr. Simons, seconded by Mr. Rowen the Board voted unanimously approve the Site Plan Review as amended. 201 Sutton Street - (Dialysis Center) - site plan review Ms. Colwell recommended approval of the Site Plan Review. ~On a motion by Ms. Lescarbeau, seconded by Mr. Rowen the Board ~voted unanimously to approve the site plan review. iLot 5 Pheasant Brook - access iOn a motion by Mr. Rowen, seconded by Mr. Angles the Board voted unanimously to approve the Special Permit. iLot/Bond Releases: iButcher Boy Market - site plan review iMs. Colwell stated that they have to replace approximately (6) itrees and then the project would be completed. The Town is ~currently holding $5,000. The Board discussed the need to keep a Sufficient amount of bond money to cover the cost of replacing the trees. !On a motion by Mr. Rowen, seconded by Mr. Angles the Board voted unanimously to release $3,000 and retain $2,000 until the trees are replaced. Deerfield Subdivision (Holly Ridge) !Ms. Colwell stated that the town voted to accept ownership of the ipump station and DPW has assumed responsibility for the pump !station therefore the remaining funds should be released. iOn a motion by Mr. Rowen, seconded by Mr. Angles the Board voted iunanimously to release the remaining $10,000 plus interest. iEndorse Plans: !701 Salem Street - Site Plan Review iMs. Colwell stated that when she looked over the plans they came !out to be a total of 5600 SF when they were only supposed to be a total of 5300 SF. The applicant stated that he has no problem iagreeing to 5300 SF because he wants to get going with the iproject as soon as possible. Steve Stapinski of Merrimack iEngineering delivered a revised set of plans to the Board at the meeting. He stated that the building has been reduced to 5300 SF. Ms. Colwell recommended the Board to endorse the plans. The Board endorsed the plans for 701 Salem Street. Brook Farra A ntonelli v. Planning Board: iMs. Colwell gave brief history of the litigation. Given a recent !court case on point, the lots are grandfathered under the old !zoning bylaws however they do need to comply with the current subdivision rules and regulations. They would need to have a new )ublic hearing as the Planing Board rescinded the subdivision approval. Town Counsel suggests a settlement and would like direction from the Board to proceed. Ms. Colwell stated that she wants know which way the Board wants to go with this. The Board, by consensus agreed to pursue a settlement. 1277 Farnum Street (Farnum v. Planning Board) !This case is an appeal of the Planning Board's grant of a speci.al permit to Howard Thomson to create a frontage exception lot. The !Farnums and the Thompsons have come to an agreement and ready to execute a Stipulation of Dismissal. Town Counsel recommends that the Board agree to the dismissal of the case which would terminate the litigation. The Board agreed to a dismissal of the case. 9