HomeMy WebLinkAbout1993-07-20Planning Board Meeting
Minutes
July 20, 1993
Senior Center
The meeting was called to order at 7:12 p.m.
Members Present
Richard Nardella, Chairman, Joseph Mahoney, Clerk, Richard Rowen
and John Draper. John Simons was absent. Also present were
Kathleen Bradley, Town Planner and Karen H.P. Nelson, Director of
Planning & Community Development.
Discu~_sion~
Tiffany Lane - Bond Enforcement
There was a discussion of a letter from Peter Shaheen, attorney for
the developer, requesting that the interest be reviewed on the bond
being held by the Town. Mr. Mahoney said that the Planning Board
should make a decision by August 3, 1993 as to whether the bond
should be pulled. Mr. Shaheen is to come before the Board at their
next meeting. Staff to request copies of bank statements by the
next meeting.
Cobblestone Crossing - Definitive Subdivision/PRD - Minor
Modifications
(House Design, Entrywa¥ Details, Street Tree Location)
Ms. Bradley gave the Board an overview of Cobblestone Crossing
roadway modification and informed the Board that there would be a
special meeting next Wednesday, July 28th to review the
modification.
There was a discussion of change in the house design. Mr. Thomas
Laudani presented plans for four house designs. Mr. Draper asked
if they were the same size as those previously approved. Mr.
Laudani told the Board that the average size of the houses was
2,000 sq.ft. There will be 1 1/2 plate heights on 3 of the 4
designs. Sites will be wooded.
Staff will be verifying the no-cut line in the field.
There will be fencing in front of each of the houses.
Mr. Draper liked focus on details. He questioned the size of the
homes adjacent to "99 Restaurant". Staff to review the "99"
dumpster situation.
Mr. Rowen asked which house would go on which lots. He asked if
this would be pre-planned. Mr. Laudani told the Board that houses
will be suggested for certain lots, but no two houses the same will
be next to each other. Mr. Nardella asked how this would be
reflected in the plans. Mr. Laudani told the Board that a revised
plan of the roadway and lots will be submitted. Mr. Nardella
expressed concerns that at the registry of deeds, certain house
shown on certain lots.
Mr. Laudani will amend the plans on file.
When the Planning Board signs new plans, the Board wants to check
that the plans on file are accurate. Ms. Bradley to call Preston
Halprin regarding this issue. New plans move homes away from the
"99".
Mr. Laudani showed entryway detail of Phillips Common which will be
mirrored across the street at Cobblestone Crossing. The Planning
Board told Mr. Laudani that the new entryway looks okay.
The location of the street trees was discussed. Mr. Laudani told
the Board that it was aesthetically pleasing to put trees in grass
strip between the street and the sidewalk. Mr. Nardella asked if
D.P.W. had an objection to trees a certain distance from the
street. Mr. Perna, Director of D.P.W., told the Board that street
trees have always been put on the individual property owners land.
He said that barring any internal policies, he would stand firm
that trees should be on private property.
Mr. Rowen said that trees should be on grass strip between the
street and the sidewalk.
Town policy on street trees needs to be adopted. Planning Board
will look to staff to resolve the issue.
Ms. Bradley questioned as to whether additional money will be
required for portion of roadway to build model home. Mr. Nardella
- take $5,000 of the $15,000 performance guarantee over to the
roadway bond. Mr. Perna asked what the $15,000 was for. Mr.
Nardella replied that $15,000 is for site clearing and beginning.
work until building permits are issued. The Planning Board
determined that an additional $5,000 for the model home would be
required and will be placed in the roadway bond. A check will be
delivered to the office tomorrow. Form J not to be released until
the check is in the office. Form J, and Lot Release for Lot 1
signed.
Hawkins Lane - Bond Release
A letter was received from William Hmurciak, D.P.W., recommending
release of all remaining bond money ($3,500).
On a motion by Mr. Draper, seconded by Mr. Mahoney the Board moved
to adopt the recommendation of D.P.W. and release all remaining
bond money plus interest.
Coventry II - E~dorse Pla~
Ail of the documents were not submitted to the Planning Staff in
time for review for tonight's meeting. The endorsement was
continued until the next meeting.
Booth Street - Endorse Pla~-
Attorney Ralph Joyce told the Board the one landowner has agreed to
grant an easement, but is haggling over fees. Second landowner has
been contacted in Thailand, local counsel contacted yesterday.
Mr. Nardella asked if any additional lots were to be added. Mr.
Joyce told him no and that there are probably only two buildable
lots at the end of Booth Street.
Catch basin must be moved out of the right-of-way so that the road
can be extended as per the Planning Board decision. Not acceptable
to D.P.W.
The applicant was asked to draft letter setting forth detailed
steps to getting watermain and is to work with staff. Staff will
aid applicant to go to Town Meeting to request a taking of an
easement.
Mr. Mahoney read Condition #11 of the Booth Street decision from
the Planning Board. Mr. Joyce stated that the applicant's position
is that the subdivision is approved with wells. Mr. Joyce will
provide affidavit and letter of intent for future pursuit. Wells
not to be constructed until final phase, staff to check with
Building Inspector.
Plans to be signed at the July 28th meeting if everything is in
order.
North ~ndover Estates - Slope Issu*
Mr. John Nolan was present. Ms. Bradley to give copies of the
construction schedule to the Board members.
Ms Karen Nelson told the Board that she and Ms. Bradley have weekly
meetings with Mr. Nolan and Mr. Ernest Gralia to discuss progress
of the site. Mr. Nolan showed the Board a plan for the entrance
slope. A 4' deep drain is proposed with approximately 40' of cut
from the slope to create a 2 to 1 slope. Mr. Rowen told Mr. Nolan
that exposing a cut of soil would need to be stabilized. Mr. Nolan
said a fiber cover with wild flowers would be used to stabilize the
slope.
Mr. Nolan to produce a letter to Planning Board stating what is to
be done and when, attached to the plan and put in the file.
Mr. Nardella said that Phase I transactions have been completed as
to Purchase and Sale Agreements and homes sold to end users.
Mr. Nolan told the Board that excavation of Phase II on the roadway
and lot grading has begun in connection with the lots. The Zoning
Board of Appeals has not granted any variance on building 9ermits
for Phase II.
Mr. Nardella said that the Planning Board tried to control Phase II
until Phase I was completed. Mr. Nolan said that this was prime
construction time because it is dry, not wet. Mr. Rowen wanted to
be assured that Phase I was completed to Planning Board's
satisfaction. Mr. Nardella stated that there was a lot of concerns
about the site, and wanted them to get ZBA variance from Phase II
first.
Mr. Rowen wanted something more than wild flowers to stabilize the
slope. Mr. Nardella wants trees and shrubs as discussed, wants
slope to have trees scattered on site. Mr. Mahoney did not want
trees and shrubs, he will go with D.P.W.'s recommendation, wild
flowers are fine. Ms. Bradley stated that staff position is in
favor of wild flowers with natural growth to stabilize area in
future.
Ed~ewood Life Care - Extension - Speclal Permit
Clifford Elias, attorney for the project, requested that the Board
extend the special permit for one year. The CCRC expires October
4, 1993, Site Plan Review expires October 4, 1993 and the Common
Driveway Special Permit expires November 12, 1993.
Mr. Elias told the Board that he was creating a not-for-profit
corporation, but would make payments in lieu of taxes.
Mr. Nardella expressed concern about this be the third extension of
the special permit. Ms. Bradley to check with Town Counsel as to
whether a third extension can and should be granted.
Mr. Nardella discussed the financial viability of the corporation.
Mr. Rowen asked if it goes from profit to not-for-profit, how this
would effect the planning process. Mr. Elias wants to give the
Board all the information. Mr. Rowen asked if this would concern
future use. Mr. Elias told the Board that it would not effect the
design or use. Mr. Nardella would like to see the specifics of the
not-for-profit.
Copies of the decision to be sent to the Board for their review.
Ms. Bradley told the Planning Board they should feel comfortable
about the decision and the use of this land.
Mr. Perna told the Board that he and Mr. Simons chaired a year long
study of the site to create the zoning for this project. He said
that this was very positive for the Town and that there was no
reason not to continue. Mr. Rowen questioned if extension not
granted then any other use could be in. Mr. Perna stated that this
may not be the best thing for the site but is an excellent
proposal. He further stated that this project has been thoroughly
reviewed and a lot of effort expended. Mr. Elias told the Board
that if this extension was turned down, the applicant will have to
file again. He asked the Board what was the cost and the risk to
the Town of extension. He also asked what the Board wanted from
him.
Mr. Nardella said he wanted a definitive agreement with the Town as
to payment in lieu of taxes and presentation of plans.
Mr. Mahoney asked what the relationship of Life Care Services was
to Edgewood. Mr. Elias told the Board that Life Care Services will
develop the site and may manage it. Mr. Mahoney asked if the form
of ownership had changed and if there was an advantage over other
facilities. He asked if costs had decreased. Mr. Elias told Mr.
Mahoney that construction costs had increased.
Mr. Elias told the Board that there will be payments in lieu of
taxes to the Town, the amount is to be worked out.
Mr. Mahoney said that there would be an internal review of the
files to take place before any formal presentation. Ms. Bradley to
let Mr. Elias know if the Board wants a full blown presentation.
The Board will discuss this matter at their August 31, 1993
meeting.
Wagon Wheels - Extension of Subdivision
Robert Buckley, Esquire, of Riemer & Braunstein, requested an
extension of the Board's approval for three months so that the
applicant can pursue a potential builder and settle an outstanding
legal suit.
Mr. Nardella wants sidewalks within the subdivision and wants Wagon
Wheels to construct a connection road to Woodland Estates.
Staff is going with an August 29, 1993 expiration date.
Mr. Buckley told the Board that completion of the roadway was not
a requirement initially. Mr. Rowen stated that the Board was at
this point three months ago, why should the Board give the
applicant another 3 month extension. A new builder will still need
to do those two items. Mr. Buckley asked if the Board wanted to
have the developer of the land come before the Board. Mr. Nardella
told Mr. Buckley that if the vote were tonight, the Board would
extend with those required items or deny. Mr. Buckely said that
the bank is aware of the issues and will make a decision at a later
date. Mr. Draper asked how much more time did the bank need to
discuss the roadway. Mr. Nardella said that the bank has had ample
opportunity to discuss this issue. Mr. Buckley asked the Board if
they would consider a one month extension to September 29, 1993.
The bank needs to resolve a lis pendant on property,needs to
resolve this before the bank can make a determination on how to
proceed.
The Board continued the discussion to the August 17, 1993 meeting.
Salem Btrset - Bond Release - Olenio
Ms. Bradley read a letter requesting a bond release. Staff has
reviewed the site. The site is stabilized, grass is growing. A
bond release was recommended.
On a motion by Mr. Rowen, seconded by Mr. Draper, the Board moved
to release the entire bond.
Carriaae Chase - Special Permit Watershed
Ms. Nelson gave the Board an overview of discussions with Ralph
Wilner, owner of the property.
Mr. Wilner told the Board that the Conservation Commission required
that the house be moved as close as possible to the street. D.E.P.
will allow them to fill wetland. Questions were raised as to
whether this was a buildable lot in 1984 - not without a special
permit.
Mr. Wilner believes he is protected by the 1984 Zoning Bylaw -
Special Permit only required, not a variance from the ZBA.
Mr. Nardella told Mr. Wilner that it would be very tough for the
Board to grant a special permit to build on this site, a lot of
hydrologic studies would be needed. Ms. Nelson stated that no
watershed filling has ever been approved by any Board. Mr.
Nardella would direct Mr. Wilner to apply to the ZBA for its
determination. Mr. Rowen stated that there was not enough room
outside the 100' buffer zone on the lot to build a house.
Mr. Mahoney asked what D.E.P. did.
D.E.P. would allow him to fill
replicate on site.
Mr. Wilner told the Board that
1,100 sq.f.t of wetland and
Mr. Nardella told Mr. Wilner that he needs to convince the Planning
Board that ZBA variance not required before Board can do anything
with site.
authorization for Planner to Sign Form
On a motion by Mr. Mahoney, seconded by Mr. Draper the Board vote
to allow the Town Planner to sign the Form G.
Public Hearinqs
247 Farnum Street - Special Permit Common Driveway
Mr. Mahoney read the legal notice to open the public hearing.
Mr. Thomas Laudani presented plans. Lot A is "pork chop lot" with
50' of frontage and 3 times the required area.
Mr. Draper told Mr. Laudani that fire sprinklers will be required
in the new homes.
Mr. Gulezian, 240 Farnum Street expressed concern about ice in the
winter on the site, overland flow.
Mr. Perna addressed issues of construction across the street at a
D.P.W. level. D.P.W. and builder of adjacent lot will install a
4rain to drain off the water in this location. There are steep
slopes, cut will be required for the adjacent driveway. A common
driveway will not require as much cut as two driveways, will not
make problem worse but may redirect flow.
Mr. Laudani stated that water will be sloped so that drainage goes
to the swale in the shoulder of the road to a drain to be
installed. He went on to say that by digging out the shoulder,
filling it with rocks and create a swale, if possible.
Mr. Nardella asked that the decision contain that the developer
must work with the D.P.W. to resolve drainage issues.
Mr. Gulezian expressed concerns that a new driveway would add more
water and ice to the area.
Mr. Keating, 235 Farnum Street, told the Board that there is water
sheeting across the street.
The Board added the following to conditions to the decision:
participate with Town to create a new catch basin, with
D.P.W. direction
gutter with rock - with D.P.W. direction, if possible.
Review after first winter to review engineering on site.
On a motion by Mr. Mahoney, seconded by Mr. Draper, the Board voted
to close the public hearing and take the matter under advisement
until August 3, 1993.
On a motion by Mr. Draper, seconded by Mr. Mahoney, the Board voted
to approve with amendments discussed.
232/240 Sutton Street - Site Plan Review Modification - Site
Review
(Mr. Mahoney sat in on all meetings and will vote because only four
members were present.)
Mr. James Bourgeois, Thomas E. Neve Associates, told the Board that
the parking exceeded the requirements of the Zoning Bylaw. A
walkway out to Charles Street to be eliminated. The applicant to
take care of landscaping along Charles Street. (A letter is needed
from Mr. Matses first.) This will be added to the decision.
Granite curbing is shown along Sutton Street.
Ms. Bradley said that a 6' grass strip with plantings not provided
around the entire site.
Mr. Draper said that the landscape looks okay. He wanted trees as
per Zoning Bylaw along adjacent Nicolosi property.
Mr. Nardella asked if there were any permanent chain link fence.
Mr. Bourgeois asked, no - chain link put up by Matses, no permanent
fence planned.
Mr. Nardella asked how many parking spaces there Would be.
On a motion by Mr. Rowen, seconded by Mr. Draper the Board moved to
close the public hearing on 232 Sutton street.
On a motion by Mr. Draper, seconded by Mr. Rowen the Board moved to
close the public hearing on 240 Sutton Street.
On a motion by Mr. Rowen, seconded by Mr. Draper the Board voted to
approve the modification on 232 Sutton Street as modified.
On a motion by Mr. Draper, seconded by Mr. Rowen the Board voted to
approve 2240 Sutton.
485 &ndover Street - Site Plan Review
Mr. Joseph LaGrasso presented the site plan to the Board.
e
3.
4.
5.
6.
Need for additional parking other than just their day to
day employees
crushed stone parking area
Lantern pole lights to be used
Wall mounted lights to be used.
Will leave existing curb cut - 12' driveway
Low level lighting on sign
On a motion by Mr. Mahoney, seconded by Mr. Draper the Board voted
to close the public hearing.
on a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted
to approve the draft decision with amendments.
Calzetta School Site - Site Plan Review
Mr. Nardella said that a site visit was taken on July 10th.
Mr. Rowen expressed concerns about the path out to Abbott Street,
barriers to slow down pace of students, possibly posts. (This to be
added to the decision)
A large tree on left hand side of pathway needs to be removed for
visibility.
Graham Copeland and Marilyn Doyle, members of the School Building
Committee, were present.
There are spaces for 13 buses. There will never be more than 13.
There will be no drop-offs or pick-ups, this must be monitored by
the school.
There was a further discussion on drop off and pick up of students.
Mr. Draper had discussed sidewalks.
Planning board to recommend to Board of Selectmen that sidewalks be
constructed along Johnson Street. This to be added to the
decision.
On a motion by Mr. Draper, seconded by Mr. Mahoney, the Board voted
to approve the draft decision as amended.
Brooke School - Site Plan Review
On a motion by Mr. Draper, seconded by Mr. Rowen the Board voted to
approve the plans and conditional approval for Brooks School.
The meeting adjourned at 11:15 p.m.
~ Richard Nardella,
Chairman