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HomeMy WebLinkAbout1993-09-21Planning Board Meeting Minutes September 21, 1993 Senior Center The meeting was call to order at approximately 7:25 p.m. Richard Nardella, Chairman, John Simons, Vice-ChaiLman, and John Daghlian, Associate Members. John Draper arrived at 8:00 p.m. Richard Rowen arrived at approximately 8:30 p.m. Joseph Mahoney was absent. Also present were Karen H.P. Nelson, Director of Planning & Community Development, Robert Nicetta, Building Inspector and George Perna, Director of Public Works. Items on the agenda were taken out of order until a quorumwas met. Discussions Coventry Estates - Eleotrio Bill - UPdate Ms. Nelson told the Board that material has gone to Town Counsel and it is in the attorney's hands. The Town could get back $6,000. The Board is to be notified on any dealings with the Shawmut Bank. Modioon - North Andover Mills Realty Trust/Elm Realty Trust Mr. Nardella has been communicating with all parties involved to resolve the issues. A letter will be sent to the Building Inspector recommending a Stop Work Order be issues. MorthAndover Bstates - ODdate Ms. Nelson told the Board that her and Ms. Bradley Colwell attend weekly meetings with the developers of North Andover Estates. The slopes have been stabilized, but lot development is hindering stabilization efforts. The are issues on the guard rails. People are moving into houses, lawns not loamed or seeded. Mr. Simons stated that the property was being developed too intensely. The applicant should come before the Planning Board for a modification. Mr. Nardella stated that no further Occupancy Permit will be issued until the following issues are addressed: guard rails lot development stabilization Mr. Nicetta, Building Inspector, had visited the site and observed the following: 1. The road had not been swept. 2. Drains are showing erosion. Mr. Nicetta stated that this project was the "most confused" construction project he has ever observed. Mr. Nardella spoke on the phase development of this project. The applicant went to the Zoning Board of Appeals for a variance under the Phased Development Section of the Zoning Bylaw as they had Purchase and Sales Agreements. The Board asked that the developer and builder come before them at their next meeting. A letter will be sent out to Toll Brothers and Elm Services. North Cross - Update Ms. Nelson informed the Board that the court date with the United States Bankruptcy Court is for September 28, 1993. Town Counsel has been communicating with the developers attorney. Ms. Nelson will give the Board further update at the next Planning Board Meeting. Briokstone Properties Monument - Hiah Street/Prescott Street A monument has been erected at the intersection of High Street and Prescott Street for an Enaire Family member. Mr. George Perna, Director of the Division of Public Works, told the Board that he does not want to move the monument in the roadway. Mr. Nardella presumed that because of the access from Brickstone Properties, the monument would have to be moved. Mr. Perna told the Board that it may be shifted, but not moved. The issue of access and changing easements was questioned by an abutter. He asked if a public hearing was necessary. Mr. Nardella told him "no". Questions were raised about the Sutton Street Connecter. Mr. Perna told the Board that Ken Mahoney has been hired by both parties involved, to research the matter. Any Conservation issues that exist are being resolved. Mr. Nardella said that once the connector is built, Sutton Pond will use it as an access. Mr. Perna told the Board that the Town has previously voted to take parcels by eminent domain as long as no Town funds are used. An abutter on High Street asked about reviewing the access easement plans. Mr. Nardella will ask the parties of interest to supply the Board with copies of the plans. Whi~oorwi11 Park - Bond Release Ms. Nelson read a letter from the Division of Public Works with a recommendation of releasing $13,000 from a bond being held for the construction of theWhippoorwill Park Subdivision for work that has been completed. On a motion by Mr. Simons, seconded by Mr. Draper, the Board voted unanimously, including the Chairman, to release $13,000 as recommended by the Division of Public Works. Mrs. Dickerson will be notified when the release is ready. 980 Osaood Street - Resoninq - Texaco Provertv - I2 - B2 Ms. Nelson told the Board that the owners of the property would like to put in a convenient store. Under the present zoning this is not allowed. The owners of the property were not present to discuss the proposal. The discussion ended. Rdgewood Life Care - Extension on Special Permits Ms. Nelson told the Board that extensions could be granted, but no conditions could be added to the previous decisions at this time. Attorney Clifford Elias, representing Edgewood Life Care, told the Board that there was a binding agreement to make payments in lieu of taxes due to their non-profit status, running with the land. On a motion by Mr. Simons, seconded byMr. Draper, the Board voted to extend all three special permits for one (1) year based on correspondences. The Chairman voted. Binding Agreements will be signed and recorded within the next two (2) months. Public Hearinqs Chris~ms~ Tree Estates - Definitive Subdivision/Special Permit PRD Mr. Draper read the legal notices to open the public hearings. Mr. Phil Christiansen, engineer for the applicant, gave the Board a presentation on the proposed project. 12 acre parcel end of South Bradford Street 2 acre zoning required parcel has approximately 6 acres of wetlands entire parcel surrounded be the Essex County Greenbelt land . town water and sewer · The Greenbelt will be contacted on the open space issue Mr. Simons had questions on the cul-de-sac design· The existing cul-de-sac is 70' across, the proposed cul-de-sac will be 100' Mr. Nardella asked Mr. Christiansen'to think about curbing. The location of the houses is based on sewer gravity feed as opposed to pumping up the steep grade. A site walk will be scheduled. The was a brief discussion on the value of the land/wetland as it relates to a PRD versus a conventional subdivision. Questions were raised on the size of the cul-de-sac and where it ends. Mr. Nardella asked if South Bradford Street had been abandoned by the Town. He brought up the possibility of further development by the Smolak's. The issues of a sidewalk was brought up. Mr. Christiansen to contact the Essex County Greenbelt Association on the open space. A site walk has been scheduled for Saturday, September 25, 1993. The length of the subdivision road, center line will be staked out. On a motion by Mr. Simons, seconded by Mr. Draper, the Board voted to continue the public hearing to October 5, 1993. ~one Butcher Boy - Extension Mr. Draper read a letter from AttorneyThomas Caffrey, attorney for Angus Realty Corp. Ms. Nelson told the Board that she has met with Mr. Yameen and that substantial work has been completed, i.e. drainage and sewer. Mr. Nardella questioned the need for an extension. Attorney Caffrey told the Board that the final leg of the sewer was being constructed at the present time. Mr. Nardella asked when the actual building of the proposed would begin. Attorney Caffrey's answer was next summer construction would begin. Mr. Yameen told the Board that they have three to four potential tenants. Mr. Nardella wanted to see the plans. Mr. Perna reminded the Board that other Boards have gone over the plans extensively. This project has gone through litigation. Mr. Draper agreed with Mr. Perna. Mr. Rowen stated that substantial work has been done on the site. Mr. Draper made a motion to provide an extension for 1077 Osgood Street, Plans dated September 27, 1991, for one year. There was a discussion on what the special pe~its were. This is a new Board. There was no second. The issue was tabled to the October 5, 1993 meeting. Staff will review the permit status. Public He~ings Mea4owoo~ II - Definitive Sub~ivision/SDecial Per-it R-6 District Special Per. it Common Driveway Mr. Draper read the legal notices to open the public hearings. Mr. Steve Stapinski, Merrimack Engineering, gave the Board presentation on the proposed development. Highlights were: o a 2.3 acres of land - Variance received for the ZBA on the lot size. sewer line to be extended up Hillside Road into the site thirteen (13) lots - Lots I and 12 have houses on them, the house in the middle of Lots I and 12 will be moved to LOt 2 - 10 new houses, 1 re-location. on town water sprinklers will be provided in the homes size of the homes - 1,600 sq.ft, with an attached garage. Mr. Nardella asked about sidewalks within the proposed development. Mr. Stapinski told him there would be a sidewalk. Mr. Nardella asked about other property owners within the R-6 District and the future development of the District. Mr. Stapinski told him that there has been discussions on purchasing other parcels within the District. Mr. Nardella expressed concerns about parking in the winter time. He wanted to know the size of the cul-de-sac. Mr. Stapinski told him the radius was 50'. Mr. Simons asked to see the master plan. There is a master plan for the area. The cul-de-sac is temporary. Further development is possible through the Annaloro property and the Mscisz property. A Notice of Intent has been filed with the Conservation Commission. The applicant was granted a variance on the size of the lot. (Requirement is 3 acres - 2.3 acres presented before the Board). The lots will be 5,000 sq.ft, with the same house designs as Meadowood I. Mr. Rowen asked about improvements to Hillside Road. Mr. Stapinski said that none were planned. Mr. Simons questioned mitigation on the site. Mr. Stapinski eXplained the system to him. The roof to drain off - no gutters, there are leaching pits to take care of the run-off. Mr. Hame1, Turnpike Street, told the Board that the project is too big for the land. Mr. Nardella said project conforms to the current zoning. proposed that the Walter Kohl, 625 Turnpikes Street, questioned Conservation issues. He expressed concerns with run-off. Mr. Stapinski told him that there would be less water going onto the Kohl Property, there will be a swale. Betty Kohl told the Board that she knows that the houses are sitting on clay and wanted to know were the water goes. Mr. Stapinski told Mrs. Kohl that the land will allow for some absorption. There are septic systems in the area at the present time. Mr. Thomas Laudani said that the project has been reviewed by the Conservation Commission. Mr. Robert Beaudion, Hillside Road, said that the water table is 8' and that 4' of water runs through the cellar. A pump is used year round. Lorraine Beaudion re-iterated that there was water and not at 8'. Jean Callahan, Hillside Road, never has had water in her cellar and there have never been any septic system problems. Frank Serio, Hillside Road, said that three house were coming of septic systems and hooking up to the sewer. The drains that exist now were home made. When professional drains are placed, water will decrease. On a motion by Mr. Simons, seconded by Mr. Draper, the Board voted to continue the public hearing to October 5, 1993 and schedule a site visit for Saturday, September 25, 1993. Marblerida® Road - LOt A-X, B-I aad C-X - Special Pe~t watershe,1 Protaotion Distriot Mr, Michael Rosati, of Marchionda & Associates, presented the Board with two alternatives: Two separate driveways Common driveway The separate driveways would be separated by post and rail fence and grass area. Oil/grease traps proposed - sumps in each can be cleaned Mr. Rosati told the Board that the Zoning Board of Appeals will not do anything until they hear from the Planning Board. The consensus of the Board is for separate driveways. Mr. Simons questioned hazardous materials on the site. Mr. David Kindred, Flintlock, Inc. would like to start construction in the fall. A noUcut line shall be placed on the plans. Staff to check with Conservation on the no-cut line to make sure that it reflects the same line. The existing crossing would be used for access. On a motion by Mr. Draper, seconded by Mr. Simons, the Board voted to close the public hearings and review the draft decisions for a vote on the October 5, 1993 meeting. 115 Bonny Lane - special Per. it - Watershe~ Protection District Mr. George Latulippe was present for the applicant to answer any questions the Board might have. Mr. Nardella questioned when the sewer would be available for the area. Staff to check with D.P.W. Mr. Latulippe told the Board that a sewer line is being put in now, during the construction of the addition so when the sewer becomes available the site will just have to tie in. The existing dry well shall be located on the plans. On a motion by Mr. Rowen, seconded by Mr. Daghlian, the Board closed the public hearing. Decision 115 Bonny Lane - Special Permit - Watershed Protection District The Board reviewed the draft decision prepared by Ms. Bradley Colwell and Mr. Rowen. Item lB to be changed. Under Findings of Facts in the 4.136 section, the Board asked that the reasons why be more explicit, i.e. no additional bedrooms to be added. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to approve the Special Permit as drafted and amended. S~ven Oaks - Definlt~ve Subdivisio~ Mr. Nardella read a letter from SRW, Inc. asking that the Board remove this item from the agenda and place it on the October 5, 1993 agenda. The Board tabled the issue to the October 5, 1993 meeting. It is believed that the applicant will at that time withdraw the application. L~t 3 & 4 Boxford Street - sDeci&l P*_r~{t - ce--~n Drivew&v Hr. Nardella asked Mr. David Kindred about further development. Mr. Kindred would like to leave that option open. The Board reviewed the draft decision. Condition to be added: "No additional dwelling will be serviced by the common driveway." Brush in the right-of-way on the east and west side to be cut back. On a motion by Mr. Rowen, seconded by Mr. Draper, the Board voted to approve the draft decision as amended. Woodland EstateR The Board signed the covenant. Cc~entrv I! Modification The Board signed the plans. A Form K was given to the Board as well as a Lot Release form. The Board did not sign the Form K, in that they did not want the bank that holds the mortgage to be putting up the bond. The Board asked that a check be made out to the Town, to be placed in an escrow, interest bearing account for the applicant. The lots were not released. #~nuteo AUClU~ 31, 1993 8eu~em]~e~ lS, 1993 On a motionbyMr. Daghlian, seconded by Mr. Rowen, the Board voted to approve the minUtes of August 31, 1993 and September 15, 1992. a~our~ment The meeting adjourned at approximately 11:15 p.m. ~ Richard Nardella, Chairman