Loading...
HomeMy WebLinkAbout1994-08-16Planning Board Keetinq ainutee August 16; 1994 Senior Center The meeting was called to order at 7:05 p.m. by the Vice Chairman, Joseph Mahoney. Member PreSent Joseph Mahoney, Vice Chairman, Richard Rowen, Clerk, and Alison Lescarbeau, Associate Member. Richard Nardella, Chairman, arrived at 7:10 p.m. John Simons arrived at 9:20 p.m. Also present was Kathleen Bradley Colwell, Town Planner. North andover Estates Attorney Ralph Joyce, representing Toll Brothers, Paul Webber, Toll Brothers, Ernie Gralia, Elm Services and John Nolan, Elm Services, were all present. The applicants were requesting that a Letter of Credit be substituted for the existing Tri-Party Agreement. Mr. Nardella has discussed language in the Letter of Credit with Attorney Joyce, the bank may not accept language in revised Letter of Credit. In the event the Letter of Credit is not accepted, vote to accept surety bond. Ms. Colwell supports transfer of funds from the Tri-Party Agreement to the Letter of Credit or Surety Bond with Town Counsel's review. Ms. Colwell recommended that the Planning Board not vote to take the bond. Specimen of the Letter of Credit was submitted to the Planning Board by Attorney Joyce. Mr. Nardella reviewed the specimen - it is acceptable because it contains an automatic extension provision. Discussion of letter from the Planning Board dated July 20, 1994 and response from Mr. Gralia and D.P.W. Mr. Rowen concerned that toe drain be installed - it will be installed; detention pond - need for recalculating capacity and addressing issues after study of the basins; concern about entrance slope and grassing the rock slope. Mr. Webber grassed behind the Hartnett House in July, grass is currently growing, clover and wildflower mix. Mr. Nardella stated that if grass on top of stone doesn't work, Toll Brothers need to come back with another solution. He asked who the Planning Board would be dealing with at the site. The reply was that Mr. Paul Webber was the on-site manager for Toll Brothers. Mr. Nardella stated that October 15, 1994 is the deadline in the agreement. Is this acceptable? Mr. Webber replied that the pavement will be complete, catch basins will be lowered and repaved, have uncovered additional catch basins that were previously covered. Mr. Nardella stated that the Planning Board will not tolerate another winter of icing problems on the road. Wants to be assured drainage problems are resolved by October 15, 1994. Mr. Webber stated that October 15, 1994 is an agreed date. Items number 8 and 11 will not be completed by October 15, 1994. Mr. Rowen would like to have a permanent barrier behind homes for site screening from Route 114. Mr. George Perna, Director of D.P.W., stated that the applicants may not need to screen site from office Park. Mr. Nardella stated that the letter from D.P.W. to the Planning Board dated August 16, 1994 is new agreement and punch list. Mr. Webber wants bond amount of $195,000 to remain the same. Bdaewood Life Care Ms. Colwell stated that the Edgewood Permits will need to be extended in October. She recommended that the Board extend the permits especially given the current development pressure around the lake and the need to protect the watershed. She reminded the Board that if the permits are not extended that all agreements concerning a conservation restriction in the watershed would disappear. The reality is that a subdivision would be constructed and that this property is grandfathered for one acre lots. Attorney Clifford Elias was present representing Edgewood Life Care. 78 units (45%) have been sold as of today need 60% for financing Edgewood committed to project as resident would rather see this as a Life Care Facility than a subdivision option agreement on the property Mr. Nardella queried whether the Town may be granted a right of first refusal granted to the Town. Attorney Elias is concerned that this may not be feasible. Mr. Nardella stated that this was simply a suggestion for review by the next meeting. Attorney Elias requested that the Planning Board take a vote at their September 6, 1994 meeting. Mr. Mahoneyquestioned what property was available for development in that area. Attorney Elias stated that this parcel was not connected with the Kettenbach land, the parcel covers 62 acres carved out of Edgewood Farm. Mr. Rowen questioned how many sales have been made since new marketing. Attorney Elias stated that sales have increased. If PlanningBoard. denies this, another apglication for a CCRC may come In. Liberty Hills Bond Bnforce~nt Ms. Colwell to talk to Town of Middleton. The Board will vote to pull the bond on September 6, 1994 meeting unless response to punch list . · Ms. Colwell to send official letter. Mr. Daniel Betty, Attorney Peter. Shaheen, and Richard Beane were all present from Scott Construction. Request that a bond be set that the Board consider a surety bond. Mr. Nardella understands nature of surety bond. He asked what was the capacity of the bond. The reply was $10,000,000 was the bonding capacity. It is not a practice of the Planning Board to .accept a surety bond. Mr. Beane questioned auto renewable agreement. Mr. Nardella stated that that was not acceptable. Mr. Mahoney stated that he likes the Planning Board's policy, but the law is the law. Attorney Shaheen stated that the Subdivision Control Law allows other types of bonds. Mr. Nardella stated that passbook accounts may be acceptable with the Town as the only signatory. Need to protect the Town. Discussion regarding release of some but not all lots. Applicant to work with Planning Board Staff and Mr. Nardella on lot releases. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to set the bond for Wagon Wheels at $197,690. The Chairman also voted. White Birch Estates II - Lots 1 to 10 On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to set the bond on White Birch Estates II at $48,800. The Chairman also voted. On a motion byMr. Rowen, seconded by Mr. Mahoney, the Board voted to release $10,000 Site Opening Bond. On a motion by Mr. Rowen, second by Mr. Mahoney, the Board voted to release the lots i through 10 upon receipt of the bond. The Chairman also voted. Christmas Tree Estates - LOt ~48 Mr. Joseph Cristaldi was present. At the last meeting the Planning Board held off on releasing Lot 148. On a motionbyMr. Mahoney, seconded by Mr. Rowen, the Board voted to set the bond at $31,000 and release Lot 148. The Chairman also voted. Endorse of Plan~ Ms Colwell gave a brief overview of the Penni Lane Subdivision. Abutters sued Planning Board and the case was finally settled in the Town's favor. Ellen Sipeto, attorney for the Nelsons was present. The Planning Board signed the Penni Lane Definitive Subdivision Plan and Covenant. Coventry Bstates Phase IX - Revised Wetland Line The Planning Board signed the revised Coventry Estates Phase II Plan. Publio Hearinqs Salem Forest IV - Driveway Lo~S 4 &5 Definitive Subdfvis~on/SPecial Permit conunon Mr. Rowen read the legal notices to open the public hearings. Mr. Joseph Serwatka, Hancock Survey, presented the Board with the following information: 35 acres - Granville & Raleigh Tavern Lane 7 lots - 15 acres 17 remaining acres are wet 900 feet of roadway common driveway for Lot 4 & 5 town water - on-site septic system no increase in run-off from site Ms. Colwell discussed PRD v. conventional subdivision. Two lots shown on conventional plan will not be approved by the Conservation Commission. Roadway easement on Granville Lane does exist. Mr. Mahoney questioned what is in remaining 17.4± acres. Serwatka said that it would remain in Mr. Fart's ownership. Mr. Mr. Robert Bellaire, 182 Raleigh Tavern Lane concerned about traffic in neighborhood and if a roadway connection between Raleigh Tavern and Granville Lane is made. Questions as to where power lines are on the plan. Mr. Nardella stated that the Planning Board is not looking at a connection between Granville Lane. Walter Soule, Raleigh Tavern Lane, asked where was the State forest on the map. Pat Scarborough, Raleigh Tavern Lane, had questions about preliminary plan and prior Conservation Commission decision. Eric Lilth, Raleigh Tavern Lane, had concerns about connection between Raleigh Tavern Lane and Granville Lane. He had questions about 50 foot frontage. Stephen Olowiso, Raleigh Tavern Lane, concerned about the future, approve a 5 lot subdivision now and tie top two lots to Granville Lane - secures a buffer to existing neighborhood and precludes access. Robert Warren, 17 Raleigh Tavern Lane, concerned about procedure of review and need for State review if 75,000 sq. ft. filling wetland. Mass Policy Act - CMR 310, Section 1125, 1126, 1127. Ms. Colwell to check this regulation. Mr. Serwatka stated that the wetland replication area is provided. The resident of 290 Raleigh Tavern Lane expressed concern about building in the Town and effect on Town services. Mr. Nardella stated that the road would not connect under this subdivision. No connection can be made between approvals and town services. Mr. Rowen stated that the Planning Board has a Phase Development Bylaw but it would not effect this development. Mr. Nardella stated that the Planning Board can require sprinkler systems where a special permit is required such as on Lot 4 & 5. Brian Arsenault, Raleigh Tavern Lane, asked what the houses would look like. Mr. George Farr stated that they will be similar to the existing homes. Ellen Scaliano, Granville Lane, had questions on the elevation of the homes. Elevation of homes on Lot I , 2, & 3: I - 128 112 road 2 - 136 3 - 136 114 road Questioned distance from rear lot to house. The Zoning Regulations require a rear setback of 30 ft. Ms. Colwell stated that the applicant to address letters from D.P.W. and D.E.M. at the next meeting. Mr. Rowen read letters from D.P.W. and D.E.M. Mr. Perna spoke on a i to I slope instead of retaining wall, therefore increasing wetland crossing width. Mr. Nardella stated that the public hearing would be continued to September 6, 1994. The Planning Board will want to know what a roadway from Granville Lane would look like. Eliminate common driveway and access Lots 4 and § from Granville Lane. Mr. Rowen wants toknow what waivers will be required for approval. Mr. Nardella does not want to see a long common driveway. Mr. Rowen - consider two subdivisions. Booth Street - Special Permit - Acoesl Mr. Rowen read the legal notice to open the public hearing. Mr. John Simons arrived at 9:20 p.m. Mr. Phil Christiansen, Engineer, and Mr. &Mrs Tenney were present. The applicant is requesting access not over the legal frontage exception lot. Legal frontage to the lot is on Booth Street. They would like to access the home from Adrian Street Mr. Nardella questioned the need for permission in writing to gain access. Adrian Street is unimproved right of way with rights to pass and repass - private ways open to the public - municipality does not have the requirement to maintain it. Mr. Mahoney would like roadways discussion at a workshop. Mr. Rowen read a letter from D.P.W.. Adrian Street is not up to Town standards, therefore no town services will be provided on Adrian Street. Mr. Nardella asked for a deed restriction on the property. Ralph Joyce suggested that a restriction be placed in a condition of the special permit. On a motion byMr. Mahoney, seconded by Mr. Rowen, the Board closed the public hearing. Decision to be discussed on September 6, 1994. Mr. Rowen told staff to put in the requirement of a sprinkler system. #eadowoo4 III - Subdivision/Special Permit R-6 District Mr. Steve Stapinski and Mr. Thomas Laudani were present. The following information was provided to the planning Board: wetland line revised removed cul-de-sac and one lot common driveway between Lot 24 and 25 spread out Lots 24 and 25 and 23 turned house on Lot 10 to face subdivision and access orientation of houses on Lots 10 and 14 and 15 so that driveway is not in front of house The Planning Board discussed giving Lot 23 more space and ability to take area from Lot 18. Mr. Simons stated the need for some physical space around house to live. Change house design on Lot 23 to maximize land area. Ms. Colwell questioned the need for truck turn around at end of road if connection to Nadine Lane is not made. Revised plans to be submitted prior to construction of the roadway, On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to close the public hearing. LOt A - retained by Annaloro, not enough buildable area on it 9.8 acres - to remain unbuilt upon. Nadine Lane - Definitive Subdivision/Special Permit R-6 District Ms. Colwell read letter from D.P.W. Mr. Nardella concerned about number 3, discussing permission to use sewer pump station. Condition approval upon receipt of approval. Mr. Christiansen asked that the condition be phrased so that another alternative via gravity feed may be feasible. Mr. Mahoney said consider what happens if road is not constructed. Mr. Rowen - could modify subdivision approval in the future if not built. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve the Definitive Subdivision for Nadine Lane as amended. Set Site Opening Bond at $15,000. Alison Lescarbeau is voting on this special permit. On a motion by Ms. Lescarbeau, seconded by Mr. voted to approve the Special Permit for the amended. Rowen, the Board R-6 District as Leland Property - Definitive Subdivision/s~ecial Permits Mr. Simons asked that the Planning Board get comments in writing from Sanford in response to revised plans. Make statements as to why all co-ments have been made, i.e. specifically state that reports were submitted. Common Driveway Decision On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the decision as amended. Definitive Subdivision The Board wants deed restrictions regarding the limitation of use of the road. Add in restriction similar to Foxwood regarding vote of Planning Board if any issues arise. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the board voted to approve the decision as amended. Any stock piling on site must be stabilized as soon as possible. Watershed Permits Ail special permits need sprinklers added. Ail need language pertaining to Watershed Special Permit and meeting all requirements regarding water quality report, etc. Mr. Simons wants to limit area of the lawn, reasonable limits with permanent barriers. Mr. Laudani stated that he may not need permanent barriers. Mr. Rowen suggested putting 2a under 3. Add specifics about drywells and roof drains (gutters). On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted to approve the Special Permits in the Watershed Protection District for Lots 1, A, 2, 3, 4, and § as amended. Watts Requlator - Site Plan Review A bond to be set at $15,000. On a motion by Ms. Lescarbeau, seconded by Mr. Simons, the Board voted to approve the Site Plan for Watts Regulator. The Chairman also voted. On a motion by Mr. Rowen, Seconded by Ms. Lescarbeau, the Board voted to adjourn the meeting a 11:10 p.m. ~anet L. ~.aton, Secretary Richard A. Nardella, chairman