HomeMy WebLinkAbout1994-04-19Planning Boazd Xeetinq
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~r~l 19, 1994
L~braz~ Conference Room
The meeting was called to order at 7:15 p.m.
Joseph Mahoney, Vice Chairman, Richard Rowen,
Daghlian. John Simons arrived at 9:00 p.m..
Kathleen Bradley Colwell, Town Planner.
absent.
Clerk and John
Also present was
Richard Nardella was
Disoussions
North Andover Estates - UDdate
Ms. Colwell stated that at the last meeting the Board and Toll
Brothers discussed work that needs to be done on Lots 1, 2, 3, & 4
to correct drainage problems. The Board directed Toll to come up
with a plan that did not involve work in the §Oft. buffer zone.
Toll will install perimeter drains around the house that will tie
into the street drainage system and fill in the existing drainage
ditch. This work will not require work in the buffer zone.
At the last meeting Elm Services requested a bond release. The
Board rescheduled a site walk from April 23 to May 14.
Mr. William Hartnet, Lot 38 - 83 Rosemont Drive, wants all issues
addressed prior to any bond money being released.
Mr. Kevin Forman, Lot 42, is concerned about drainage and rocks
behind lots.
Michael & Debbie Silverman, Lot 8, expressed concerns about
drainage on the lots and soil issues on their lot.
Ms. Susan Blaine, Lot 5, stated there was mud in back of her lot,
water coming from detention pond side.
Ms. Lynne Hartnet, Lot 38 - 83 Rosemont Drive, asked if anything
would be done regarding the entrance slope rocks. Mr. Mahoney
statedthat this was an on going issue. Mr. Rowen stated that the
Board has continued discussions with the engineers and architects
regarding the entrance slope.
Ms. Hartnet told the Board the majority of streets have curbs, but
there is no curb in front of her house.
Ms. Colwell stated that curbs are required along the road where the
slope is 6% and greater, the slope of the road in from of LOt 38
must be less than 6%. D.P.W. has asked North Andover Estates
developers to add curbing in some areas.
The Board will take a site walk on May 14, 1994.
South Bradford Street Parcel - Watershed District
Mr. Robert Brown, South Bradford Street.
Ms. Colwell told the Board that Mr. Brown owns 5.65 acres of land
in the watershed on South Bradford Street. He would like to do
some testing on his land for septic systems and will need to
disturb some vegetation. Mr. Doucette and Ms. Colwell walked the
site with Mr. Brown. All of the disturbance will be kept 100 ft.
away from any wetlands. Ms. Colwell requests that the Board
authorize her to draft a letter of authorization to Mr. Brown to do
the tests. The Board authorized the work.
Warrant Articles
There was a discussion of writing a letter to the newspaper
explaining the Planning Board Warrant Articles. Mr. Mahoney will
draft the letter.
l~xblio Hearinqa
Mr. Rowen read the legal notice to open the public hearing.
Mr. John Salvastano and Mr. John Leemah presented the Sign Bylaw.
· added definitions
· did not change dimensions
· clarified signs on corners
· clarify what signs are and are not allowed
Issues outstanding concern the percentage of an interior window
that can be covered by advertising.
On Temporary Signs, Mr. Leeman would like to add in a section that
Andover has, they want to be able to advertise specials without a
Special Permit. Currently a permit is needed for all signs.
Mr. Rowen stated that a time limit is needed on temporary signs.
Mr. Mahoney asked what was the definition of a temporary sign.
There was no specific definition of a temporary sign.
Temporary sign is the same or must follow the same
requirements as a permanent use of use, but for a maximum
of 60 days.
Mr. Salvastano spoke on clarifying definitions and citizens
concerned about temporary signs and running specials.
Mr. Rowen asked what happens if a sign is in disrepair? Mr.
Salvastano answered that if it cost more than 30% of the total sign
cost to repair, the sign must meet the new bylaw.
Ms. Colwell discussed subdivision signs, and the need for
clarification of when a subdivision is deemed complete.
Mr. Charlie Foster, resident, stated that this bylaw is more
restrictive than current bylaw, limitations in industrial zone,
neon signs. He expressed concern that there were no public hearings
and/or input from businesses.
Ms. Tina Messina asked for clarification on temporary signs.
Section I includes signs for specials.
Mr. Yameen stated that the Selectmen should increase the percentage
of coverage allowed in interior windows.
Mr. Foster concerned about landscaping, buffering and lighting.
Mr. Leemah told Mr. Foster that these were only guidelines.
Mr. Mahoney stated that the Planning Board recommendation will be
made at Town Meeting.
980 Osaood Street - Rezonina
There was no one at the meeting to discuss the article. The Board
postponed the discussion.
~reat Pond Road - Resonina
Mr. Rowen read the legal notice to open the public hearing.
Attorney John Willis told the Board all of Foxhill Road should be
rezoned. The area was developed as an R-3 Zone and should go back
to an R-3 Zone. Would modify the warrant article to prevent any
additional lots from being developed. The property is on sewer and
on town water.
Mr. Mahoney stated that the warrant article will rezone the area
from R-1 and R-2 to R-3.
Mr. Rowen stated that he was not in favor of it, spot zoning for
one person, this subdivision was constructed during a time when it
was changed to R-2.
There was discussion regarding a 1992 case that stated that any lot
that is non-conforming in size requires a variance before any
changes can be made to the house.
Mr. Bruce Davis, 89 Foxhill Road, told the Board he has added onto
his house with a building permit, he is concerned that he would
need a variance now to do any work as his lot is non-conforming.
Mr. Daniel Griffin, Jr., 170 Great Pond Road, is not in favor of
the rezoning, wants to protect the value of his property and the
watershed. Water bill has increased in the past years and he is
willing and has made an offer to the petitioner to purchase the
property. He has done research and is concerned about the
closeness of the houses if constructed. He is also concerned about
the buildability of the lot in the watershed and about construction
of lots along Pleasant Street. The petitioner has offered to amend
area of rezoning to exclude the Pleasant Street lots - spot zoning.
Mr. Daniel Griffin, Sr., 170 Great Pond Road, commented that this
was a giant step backwards for the Town in its protection of the
lake.
Mr. Henry Finke, Turnpike Street, stated he was in favor of the
article. The land is in the Merrimack River Watershed, not in the
Lake Cochichewick Watershed. The area was rezoned to protect the
watershed.
Douglas and Judy Ely told the Board that they bought the lot in
1988. They checked with all Town departments at that time and
everything was thought to be checked, they got Form U filled out at
that time but building permit only lasts for 6 months and they were
not ready to build yet. They bought a house on Great Pond Road in
1992. They found a buyer in 1993 but the variance previously
granted has expired. It will be a major financial hardship for
them if it is not a buildable lot. They have discussed proposal to
build on the lots with people in the neighborhood and neighbors had
no issues, concern was expressed about lots along Pleasant Street.
Mr. Mahoney stated that the Planning Board will make a
recommendation at Town Meeting.
Lot 61 & X08 Great Pon4 Road - Repetitive Petition
Mr. Rowen read the legal notice to open the public hearing on the
repetitive petition.
Mr. Mahoney asked what are the specific and material changes in the
conditions upon which the previous unfavorable action was based.
Mr. James Bourgeois, Thomas E. Neve Associates, was representing
Rita Gonsalves and Mr. Matthews. He told the Board that it was the
same proposal, however, circumstances have changed because they
went before the Conservation Commission with a different plan. The
Conservation Commission rejected the revised plan.
Mr. Mahoney read Chapter 40A Section 16 and asked what specific and
material changes have been made.
Mr. Bourgeois stated that there was no change in the actual plan,
but a change in the circumstances.
Mr. Rowen commented on the applicant coming back with the exact
same plan. He asked Mr. Bourgeois again "What is the specific and
material change?"
Mr. Mahoney stated that the location is so sensitive being on the
edge of the lake, no change in the plan, he cannot support it.
On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted
to close the public hearing.
On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted
unanimously they do not find any specific and material changes in
the conditions and therefore denies the request for a repetitive
petition.
The applicant was asked to withdraw the special permit application.
Mr. Bourgeois stated that the applicant withdraws the application
for a Special Permit. The Planning Board accepted the withdrawal
without prejudice.
Lot 6&? and L~ts 8&9 SharDners Pond Road
Special Permit - C~mmon Driveways
Mr. Rowen read the legal notice to open the public hearing.
Mr. Chris White was present representing Torey Realty Trust.
An eight lot ANR plan was signed in February. Owners have agreed
to put a conservation restriction on the back acres.
The first proposal had two common driveways next to each other.
The second proposal separates the driveways. This would reduce
grading and tree cutting.
The Conservation Commission has walked the site and supports the
second plan. It's a better layout, less easements.
Driveway is 14 ft. for common part, added a graded turnout are on
both driveways.
Guard rails will be put along steep slopes.
The developer will be minimizing disturbance within retaining walls
and 2 to i slopes.
Mr. Simons questioned how house locations were chosen.
Mr. Joseph LaGrasse told the Board that they would be staying on
top of knolls on each lot, siting houses to look toward the street,
staying within 100 ft. buffer lines of wetland areas.
Mr. Simons questioned if the sites perked and do they minimize the
most cutting.
Mr. Simons asked the applicant if he has look at a subdivision or
a PRD.
Ms. Colwell stated that staff and the Board did look at this
earlier, and decided that a subdivision would disturb a larger area
and would create more lots.
Mr. White stated that he did look at putting a short road in and it
would create more lots, but a road would have greater impacts with
wetland and topography.
Mr. LaGrasse told the Board that boxes are shown on the plan for
information only, house designs will be site specific.
Mr. Simons asked if there was an issue with Lot 3 with Conservation
Commission. Mr. White replied, "no" because they were still 50 ft.
away.
Mr. White told the Board that the Health Department was reviewing
the tests.
The Board scheduled a site walk for May 14, 1994, after the North
Andover Estates visit.
On a motion by Mr. Simons, seconded by Mr. Daghlian, the Board
voted unanimously to continue the public hearing to May 17, 1994.
Rezone 980 Osqood Street
Mr. Rowen read the legal notice to open the public hearing.
Ms. ColWell - policy to rezone from I-2 to B-2 in the watershed.
Staff would recommend favorable action on this article.
Mr. Rowen made a motion to support staff's recommendation. There
was no second.
Ms. Colwell to see if lot could be subdivided into 2 lots.
On a motion by Mr. Rowen, seconded by Mr. Simons, the Board vote
unanimously to continue the public hearing to May 2, 1994.
The meeting adjourned at 10:10.
~anet L. Eaton, Secretary Joseph Mahoney, Vice Chairman