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HomeMy WebLinkAbout1995-08-15~lanning Boa~ Minutes Xuqust XS; Xg~S MomMoEs Present~ J~ ~y, Chairman, Richard Rowen, Vice Chairman, Alison Le~e~m, Clerk. Richard Nardella arrived at 7:30 pm, John Simons &~ived at 7:25 pm and Alberto Angles, Associate Member arrived at 8:45 pm. The meeting was called to order at 7:07 p.m. Xinutes On a motion by Mr. Nardella, seconded by Mr. Rowen, the minutes of July 18, 1995 were approved as amended. On a motion by Mr. Nardella, seconded by Mr. Angles, the minutes of August 1, 1995 were approved. Disouss~on Cobblestone Crossing - fifty foot buffer zone Mr. Mahoney excused himself from this discussion due to a potential conflict of interest. Mr. Rowen acted as chairman. As a bit of background information, Mrs. Grossman has been unhappy for some time regarding the buffer zone between her property and Cobblestone Crossing, built by Thomas Laudani. The approved plan shows some regrading in the buffer zone for the construction of the road and enhancement of a natural grass swale for drainage. Richard Doucette and Kathleen Bradley Colwell reviewed the no-cut line prior to any cutting. Although the line wasn't actually measured, yellow caution tape was placed around the edge of the site. After the cutting was complete, Mrs. Grossman complained that the cutting was too close to the property line. Ms. Colwell reviewed the site as it appeared as though a few trees were cut outside of the line. Trees were definitely cut in the fifty foot area as per the plan. Ms. Colwell required replanting in the buffer zone and nine trees were planted. Mrs. Grossman was still unhappy, so George Perna and Ms. Colwell met with her on site and counted six stumps that were probably cut in error. An additional six trees were planted along the edge of the tree line. One of the pine trees planted has died and will be replaced. In the fall the Planning Board went out and reviewed the site and approved the tree planting in the buffer zone (the fifty foot buffer zone was marked in the field at the time). The Board also agreed to let the neighbor in Cobblestone mow the area under the trees and to maintain it as lawn. At some time between the fall and the present time, on his own accord, Mr. Laudani sent his landscape crew over to Mrs. Grossman to plant some additional trees. She directed them to plant the trees on the other side of her property, not the side near the fifty foot buffer zone. Dr. & Mrs. Grossman, 59 Cranberry Lane were present to discuss their unhappiness with the fifty foot buffer zone along the edge of their property. They feel too many trees were cut down in the buffer zone between their property and Cobblestone Crossing. Prior to the cutting the density of woods provided them with privacy, but they feel that privacy is gone. Dr. Grossman showed a plan and pictures of the buffer zone being destroyed. According to him, the bylaw states there should be no excavation in the 50 foot buffer zone. Mr. Rowen stated that the developer admits to cutting down 6 or so trees, but, as stated he did return last fall and replanted in equal number. One has since died, which will be replanted. The Board viewed the site and thought it was fine. Dr. Grossman stated that six trees are not nearly enough; much more damage was done than that. Mr. Rowen stated that a developer does have the right to install a road. Ms. Lescarbeau asked what the Grossman's were looking for from the Board. Dr. Grossman said he feels they are owed 30 or so more trees. He showed before and after pictures of the development and feels the bylaws have been violated. Mrs. Grossman, a civil engineer, stated that the developer never needed to excavate the area. The Grossman's gave handouts at the meeting for the Board to review. The Board agreed to review the material and will get back to the Grossman's. Review of CBA interoretati0~ This subject was not discussed. North Andover Estates - bond renewal Ms. Colwell stated that the bond is up for renewal in September. She has spoken with Toll Brothers and they have already renewed the bond. Coventry Estates II- subdivision ~. Colwell stated ~hat we are waiting for more information from DPW. Nadine Lane - subdivlsion/pRD Alison Lescarbeau read a letter from DPW. DPW recommends releasing $22,380 and retaining $84,830. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously to release $22,380 and retain $84,830. Publio Hearings Rezonina of land on Turnpike Street Ms. Lescarbeau read the legal notice to open the public hearing. In the spring a group of neighbors came to the Board requesting rezoning of their property on Route 114. They were told it seemed to make more sense to rezone more than i or 2 lots. Also, the attorney general frowns on spot rezoning. They are now back before the Board with more people in support of the rezoning. Mr. Simons asked are you all on one side of street? They replied yes. Question regarding the size of the entire parcel. Ms. Colwell stated we need more information regarding that. Mr. Simons is concerned about getting the highest and best use out of the property. Ann Royal, 111 Peters Street is concerned that a portion of her property is in Andover and is zoned residential. Also, she is very concerned about a strip mall along Route 114. Mrs. Bramanti, Turnpike Street has spoken with Ken Mahony and he stated that Andover is interested in rezoning that area also. Bob McIntyre, Turnpike Street stated that the changes the state made to the road has made it impossible to get in and out of his house. The traffic on Route 114 has made his property unsalable. He is requesting the Board to seriously consider rezoning. Mr. Bramanti stated that the state plan was to put one lane up, how it got to two he doesn't know. The state took 15 feet off the front of the properties. Mr. McIntyre= everyone feels sorry for us, but can't someone help us out? Mr. Simons stated that the B-4 zone requires that a group of landowners will need to act together. Mrs. Royal questioned what the Eagle-Tribune would do with its property. Mr. Simons suggested that Ken Mahony, Director of Community Development and Services, come to a meeting to share his ideas. Mr. Mahoney stated that there needs to be some intense discussion regarding this situation. Mrs. Royal hopes this can be done before any decisions are made. Discussion will continue on September 5, 1995. Addition of "banking establishments" in the B-4 zone Ms. Lescarbeau read the legal notice to open the public hearing. Ms. Colwell stated that this article was suggested by Ken Mahony. There already is a bank in the proposed area to be rezoned. Want to make bank an as of right use in the zone. Mr. Simons stated we need some clarification of what a "banking establishment" is. What about teller machines? Do we allow them? Mr. Rowen asked will Northmark Bank be rezoned also? Ms. Colwell: yes. Discussion will be continued on September 5, 1995. Lot 1 & 2 Box~ord ~eet - Access/Common Driveway Mr. Rowen read the legal notices to open the public hearings. Jim Bourgeois from Neve Associates was present. The plan is very straightforward--proposal is to build a driveway to serve two homes. Ms. Colwell asked what is width of driveway? Mr. Bourgeois replied 12 feet. Mr. Simons asked where does the wetland begin? Mr. Bourgeois pointed it out on the map= it's near the edge of the property, and is 70 feet from one end to the other. Richard Bradshaw, Boxford street, stated that the Szelest family owned the property and the area is flooded in the springtime. Floo4pl&l~t at 114 feet, flood. 100 year level is at elevation 114 feet, the road is therefore, the road would flood during a 100 year Mr. Bradshaw is concerned that two 12' culverts under the driveway will not be enough to control the flooding so that this will not back up. Mr. Rowen asked if the water builds up gradually? Mr. Bradshaw replied yes, but it drains gradually also. Question was asked whether the adjacent land would be developed. Ms. Colwell stated that she has seen some test pits out there, but nothing has come into the office yet. She will request a letter from the Board of Health. Mrs. Bradshaw, Boxford Street stated that she has lived on the property for 45 years and it is a natural cranberry bog. Children skate on it in the winter, it floods that well. Mr. Mahoney stated that he has not seen the property yet, and would like to schedule a site walk for August 17th at 6:15. Ms. Colwell to see if Jim Grifoni can attend the site walk also, to discuss development of the adjacent property. Discussion continued until September 5, 1995. Lot 2 Brentwood Circle - Watershed Special Permi, Mr. Rowen read the legal notice to open the public hearing. Ms. Colwell stated that the lot is in the watershed, but it falls under the old bylaw. The house will be constructed outside of the 100 foot buffer zone. Ms. Colwell stated that in this case it makes sense to slope the driveway runoff towards the lawn rather than towards the catch basin in the street as the water in the catch basin drains directly into the adjacent wetland without the benefit of any filtration. By directing the water towards the lawn there will be approximately 75 feet of lawn and buffer to provide filtration. A strict reading of the bylaw, however, would require the water to be directed to the catch basin. Mr. Rowen stated that we should stick to the bylaw. General discussion that the water should be filtered, therefore, the driveway should pitch towards the lawn. Ms. Colwell stated that she will document in the special permit why the Board deviated from the bylaw in this case. On a motion by Mr. Nardella, seconded by Mr. Simons, the Board voted unanimously to close the public hearing and direct staff to render a decision. 94 FlaushiD Dr~Ve - SAte Plan Review (par~in~ lot expansion) Chuck Caron was present. Ms. Colwell stated that a revised plan was shown at the last meeting. The dumpster has been enclosed and there will be no additional lighting. ConCom closed the public hearing and will approve the project. Mr. Simons asked if the Board will be bonding the project? Ms. Colwell: yes. On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to close the public hearing. Jerad Place IV - subdiv~sion/PRD Jim Bourgeois from Neve Associates was present. Revised conventional plan and new 19 lot plan was presented. There is some flexibility in the size of the lots. There is one frontage exception lot which sits well. We will abandon one piece because of ConCom. Bob Janusz stated that the road has been moved over, expects ConCom to be happy about that. Mr. Mahoney asked what about the Board of Health? Mr. Janusz said some testing already done, some left to do. Ms. Colwell to request a letter from the Board of Health. Ms. Colwell stated that all past discussions regarding tot lot, sidewalks and open space are the same. Mr. Nardella asked what side will the sidewalks be on? Mr. Bourgeois replied: it doesn't matter, we could do either. Ms. Colwell to be sure the sidewalks are shown on the plan. Continued until September 5, 1995. Decisions 94 FlaashiD Drive - Site Plan Review (Parking lot e~pansion) Bond to be set at $3,000 to cover tree planting and as built plan. On a motion byMr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to approve the draft decision. &d4our-~ent On a motion by Mr. Rowen, seconded by Mr. Angles, the Board voted unanimously to adjourn the meeting at 9:20 p.m.