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HomeMy WebLinkAbout1994-01-04Planning Board ainutes Januar~ 4, 1994 Senior Center The meeting was called to order at 7:30 p.m. Xeml)ers Present Richard Nardella, Chairman, John Simons, Vice Chairman, and Richard Rowen. Joseph Mahoney, John Daghlian and John Draper were absent. Kathleen Bradley Colwell, Town Planner was present. Also present was Robert Nicetta, Building Inspector and Richard Doucette, Conservation Administrator. Discussion Sal,s Pi~za/Barbara Shod The Board reviewed the conditions of the Site Plan Review. Mr. Nardella had the following comments: planter in front of barber shop with shrubs is being constructed, . When site plan approved, Planning Board thought building was going to be a yogurt shop, now that it is a barber shop, no need for "no-exit" sign because traffic not as heavy. . One handicap parking space at pizza shop and one at barber shop - closest accessible point, painted spaces with handicap symbol is required. Mr. Nicetta: Two businesses at barber shop building but cannot access one business through another business (handicap access). Mr. Nardella: handicap ramp for the barber shop and for any other business in the building is required. Mr. Nicetta: · No Certificate of Occupancy issued for barber shop until handicap access issue resolved, need to build a ramp. Mr. Nardella: Have to have a ramp to the barber shop (490 Main Street) Sal Lupoli, owner of property: · has put a handicap sign on a post in the parking lot, was previously on the building. · grass strip along Route 125 has been put in place already Mr. Nardella: · work with Mr. Nicetta to build ramp Ms. Colwell to prepare an amendment to the special permit outlining items remaining to be completed, for a vote by the Board at the next meeting. Watts Regulator Mark Slamba, Solo Building Company, Inc., told the Board that Watts Regulator would like to add three 25' poles along edge of parking lot, have had accidents with ice and snow in dark lot. Lights will be downcast and will not shine off site. Lights will be on a timer and will be shut off at 10:00 p.m. Planning Board, by consensus, agreed to allow the poles and lights to be put in. Ms. Colwell to write a letter to Watts Regulator. Ms. Colwell gave the Board an overview of an opinion by Town Counsel, i.e. not a valid approval. No timely endorsement thus no zoning freeze. Mr. Nardella would be willing to waive fees if applicant wants to submit a new subdivision plan. On a motion by Mr. Simons, seconded by Mr. Rowen, the board voted to hold a public hearing to rescind the approval. Ms. Colwell gave the Board an overview of Town Counsel's opinion on Brook Farm. Brook Farm approval no longer viable. Original zoning freeze discontinued when developer did not obtain endorsement. Mr. Nardella recommend having public hearing to rescind the approval, and would be willing to waive fees. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to hold a public hearing to rescind the approval and waive the fees. North Andover Estates Ms. Colwell told the Board that the Conservation Commission stop work order is still in place, North Andover Estates is working on list of items. Mr. Rowen said there was a safety issue with ice flowing across the street at Rosemont. He suggested pulling bond and have a study done as to how to fix problems. Mr. Nardella asked that Mr. Ernest Gralia come to the next meeting. Mr. George Perna told the Board that D.P.W. has a meeting tomorrow with Mr. Nolan and Mr. Gralia to discuss D.P.W. issues. Ms. Colwell will attend the meeting at 10:00 p.m. that D.P.W. has with Mr. Nolan and Mr. Gralia. Mr. Rowen - catch basins higher than low points in road, water pooling in road. Mr. Perna will ask Mr. Nolan and Mr. Gralia for interim as-builts to find out what is happening with catch basins and drainage issues. Mr. Nardella wants an engineered plan for slopes. Mr. Simons asked what does Conservation Commission's stop work order do. Ms. Colwell told him, no new foundations dug or any new earth removal. Mr. Simons stated the developer was building more house~ than topography can handle. He asked if eliminating houses would help. Mr. Doucette, Conservation Administrator, said whenever a subdivision is built on a hill, soil will wash away and erosion problems will exist unless lots are eliminated. Public aearinos ?00 Chiokerino Road - Site Plan Review Mr. Rowen read the legal notice to open the public hearing. Ms. Colwell stated that because of the inclement weather and due to the fact that there is no quorum to discuss a special permit the discussion will be continued to January 18, 1994. Lot 11 & Lot 13 Os~ood Street - Special Permit COmmon Driveway Mr. Rowen read the legal notice to open the public hearing. Ms. Colwell stated that due to the fact there is no quorum to discuss a special permit, discussion continued to January 18, 1994. 238-240 Sutton Btreet Mr. James Bourgeois told the Board that after discussion with staff, he has decided to call the use proposed, a medical office and not a professional office. Mr. Nicetta told him that changes need to be made to the plan so that the number of parking spaces required for the use can be calculated. remove stairs to attic and provide alternative access, label all features on plans. basement - designated as unoccupied - need to label it for use as storage, etc. first floor - have not specifically designated what rooms will be used for, need to designate them, i.e. how many employees Mr. Nicetta told the applicant he must designate use of all areas in order to calculate parking. Mr. Bourgeois: 925 sq. ft. first floor, therefore total medical offices are 925 sq. ft. because not using attic or basement. Mr. Nicetta told the Board that their decision must state that attic and basement can never be used. Ms. Colwell stated that there is a need for three parking spaces for 925 sq. ft. plus a space for each employee. Mr. Nardella stated that the Board has decided that it is a medical office and not a professional office. Mr. Bourgeois to work with Mr. internal plan issues. decision will be specific to use. Nicetta to resolve The discussion continued to January 18, 1994 meeting. Lot B Great Pond Mr. John McGarrygave update to the Board on what has happened with the site, settlement in 1990 but never sought a special permit. Mr. Nardella spoke with Town Counsel, Board should issue the permit with the agreed upon conditions. Mr. Simons asked how far the house is from the wetlands. Ms. Colwell answered, 75'. Mr. Nardella said the Board will issue the decision with the conditions agreed upon, will add condition that house must be tied into the sewer system prior to occupancy. ~o~oo~ Mr. Nardella said the issue of most concern is the conventional subdivision plan and the density of lots in the subdivision. Mr. Steve Stapinski, Merrimack Engineering Services, presented a preliminary subdivision plan showing 53 lots with all lots having 75% CBA. Mr. Nardella questioned as to whether conventional plan shows buildable lots; on a hill a plan cannot be viewed as a flat surface. Mr. Simons said if the applicant were to submit this conventional plan to build, the Board would not approve this plan. Mr. Thomas Laudani, developer, said the Board should not be concerned with steep slopes as slopes are not addressed in the Zoning Bylaw. Mr. Simons said the purpose of cluster development was not to give people more houses than they would be able to build under a conventional plan. You do not get any more houses under cluster development. Mr. Laudani said he would have the right to build the 53 lot conventional subdivision because no lots have less than 75% CBA and slopes are not mentioned in the Zoning Bylaw. Mr. Nardella said, the developer would not build the project as shown because it would be too costly. Mr. Laudani asked why is this an issue. Mr. Nardella wants developer to look at a conventional plan and determine buildable lots. Mr. Simons said conventional plan needs to be reasonable and buildable, not just a geometric exercise. Mr. Laudani said it is a question of interpretation of the bylaw. Mr. Doucette said it was clear that PRD is to protect hills and slopes. There are six purposes of PRD, one of which is harmony with natural features, therefore slopes should be considered. Mr. Nardella said for example in Woodland Estates, the Planning Board asked applicant to come back to the Board with a plan demonstrating buildability of lots. Mr. Laudani very upset that this issue has not been brought up before. Mr. Nardella said it has been brought up but agrees it should have been discussed in detail earlier. Mr. Simons said the Planning Board has jurisdiction over this issue, not other Boards. Mr. Rowen said there are houses in Town on steep slopes, so you cannot say that steep slopes are not buildable. PRD is created to protect against building on steep slopes. Mr. Doucette said that just because Town approved a lot before doesn't mean it is buildable, you learn from mistakes. Mr. Nardella Would not approve conventional subdivision plan as submitted. slopes do come into it because need 2:1 behind a house to get a building permit. Mr. Laudani said he choose PRD because it maximizes open space. · minimize road construction · can create houses in a more marketable arrangement. Mr. Rowen - can probably create a 2:1 slope behind a house. Mr. Nardella said applicant must prove that there are 50 buildable lots in the conventional plan to the Board. Mr. Simons said the point build this subdivision? practicable plan. is would a reasonably prudent person Need to demonstrate a reasonable and Mr. Nardella asked that the applicant show the Board that lots are buildable based on the following: · no septic issues so that will not be reviewed 1. zoning setbacks 2. 75% CBA 3. wetland setbacks and crossings Mr. Simons would like to see location of detention ponds because that takes up space for building. Mr. Nardella wants to find out what lots are buildable. What size house should be shown on lot? Mr. Simons not concerned about house size, particularly, concerned about amount of site work that needs to be done and the drainage. If conventional zoning was the only thing allowed, what would be built? Mr. Laudani said cluster allows for more responsible planning. Mr. Simons said PRD should not create more lots than what can actually be built. Mr. Nardella needs to know how many buildable lots there are. Mr. Stapinski said 53 lot plan is a better plan. Mr. Nardella asked if the applicant could put 53 lot plan on a topo map and submit that. Mr. Rowen suggested that questionable lots be reviewed for buildability, show that roads fit the subdivision rules and regulations. Mr. Nardella wants plan to be submitted at the next meeting. Mr. Laudani said he was under a time constraint, please consider the effort that has been done with this project. Mr. Nardella told Mr. Laudani to submit a revised plan to the staff for review, staff to discuss the plan with him. Mr. Rowen said there is a need to know prior to the next meeting whether lots will be acceptable. Mr. Nardella said the Board needs to walk the site. He wants to understand why a connection cannot be made to the Willis property. Mr. Rowen - cannot tie loop roadway into adjacent property, therefore not as concerned with access to Willis property. need to provide access from Foxwood to the open space, easement or actual land - 10' wide path. Mr. Nardella said existing road down back of hill to Molly Town Road, may want to improve it. Ms. Colwell said the Fire Chief does not want Molly Town Road to be improved. Mr. Nardella asked about concerns of Nick Vontzalides of D.E.M. Ms. Colwell received a letter dated December 22, 1993 from D.E.M., addresses their concerns and the D.E.M. does not have any further issues. Staff to give a copy of letter to Mr. Nardella. Mr. Doucette asked what is the criteria for buildability. Ms. Colwell replied - wetland setbacks and crossings, zoning, 75% CBA. Mr. Stapinski said not wetland crossings. Mr. Doucette said wetland crossings are a criteria Conservation Commission would look at. Mr. Stapinski - but that would eliminate one of the major crossings. Mr. Simons said there were 3 criteria for review of a conventional subdivision. zoning rules and regulations conservation and show detention pond Mr. Curt Young submitted an erosion control plan. "Hydrologic Impacts on Wetland Resource Area" study submitted as per request of Conservation Commission to be reviewed by staff. Mr. Stapinski told the Board there would be sloped granite curb on the slope on the way up the hill. Saturday, January 8, 1994 at 8:00 a.m. The engineer is to put final grade on the stakes prior to the visit. Discussion continued to the January 18, 1994 meeting. Bruin Hill Definitive Subdivision The Board took no action as easement documents have not been recorded and the D.P.W. did not submit an itemized list of work remaining. Coventry II - A motion by Mr. Simons to release $63,200, had no second. The Board wants a detailed list of what work is remaining. The meeting adjourned at 10:30 p.m. ~anet L. Eaton, Secretary Richard Nardella, Chairman