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HomeMy WebLinkAbout1993-12-07Planning Board Meeting Minutes Deoomber ?; 1993 senior center The meeting was called to order at 7:10 p.m. Joseph Mahoney, Richard Rowen and John Daghlian. Richard Nardella, Chairman arrived at 7:20 p.m. Also present was Kathleen Bradley Colwell, Town Planner. Absent were John Simons and John Draper. Lona Pasture Subdivision - UDdat~ George Gregson, Esq., gave the Board some history with the Conservation Commission. There were appeals to the Conservation Commission decision, that are still tied up in court. Phil Christiansen, engineer, told the Board that the plans were never endorsed. Attorney Gregson stated that the appeal freezes the time for subdivision grandfathering. Attorney Gregson was looking for an extension or direction prior to going to court to settle. Staff recommends that this go to Town Counsel for an interpretation and an opinion by the January 4, 1994 meeting. Mr. Mahoney requested that the applicant supply staff with a chronology and an appropriate question for counsel. Brook Far~ Subdivision - Updat- Ms Colwell reminded the Board that at the last meeting the Board asked staff to have counsel review the issues. Counsel has reviewed issues and has found it to be a complicated matter that needs more than a quick review. Counsel will have an opinion by the next meeting on January 4, 1994. North Alldover Estates - Updat~ Ms. Colwell told the Board members that the Conservation Commission issued a cease and desist order. This order stops all work on site that exacerbates the erosion problem. Silt is off-site in the Jefferson Office Park detention pond. Mr. Nardella went out to the site during the rainstorm on Sunday. Water was washing down the street, silt in yards on Holly Ridge, water running out of detention pond. There are problems with the crown in the road and the location of catch basins. Mr. Nardella would like D.P.W. to review site in depth and create a plan to fix problems. Ms. Colwell passed out a letter to the Planning Board from Linda and William Hartnett, 83 Rosemont Drive, outlining problems they have with their lot, i.e. drainage, erosion, water pressure. Mr. Nardella stated that in general, the Planning Board decisions need to be written to give the Board more power to control level of development and to fix problems. Mr. Rowen stated that if the decision states that certain items must be done prior to occupancy, those items should be done before the Building Department issues an Occupancy Permit. Mr. Robert Nicetta, Building Inspector, stated that when detention ponds are created, fences should be placed around them as part of a decision. Creates a nuisance. Mr. Nardella asked Mr. Nicetta what could be done about stopping occupancy permits from being issued. Mr. Nicetta stated there was no control because no earth removal permits, no bonds for earth removal were ever received, everything was done through Planning and Conservation. Mr. Mahoney asked staff to go through decision and outline violations of the Planning Board decision and deliver it to the Planning Board for review at their next meeting. Cobblestone Crossina - House Deslan Modification The Planning Board reviewed revised plan showing five (5) house designs. The Planning Board signed the sheet which will be recorded as a modification to the original house designs. The Planning Board also signed a written modification to accompany the plan. Marblerid~e Road Lot B-1 - Modification On a motion byMr. Mahoney, seconded by Mr. Rowen, the Board voted to amend Condition #8 of the Special Permit issued to Flintlock, Inc., on October 13, 1993 for the construction of a single family dwelling. The Board will allow the driveway to be paved asa catch basin and oil traps will be installed. Mr. Daghlian was a voting member and the Chairman voted in the affirmative. ~onlno Bylaw revisions - Update A workshop will be set up for December 21, 1993 at 7:00 p.m. to discuss issues for the next Annual Town Meeting. Lot R91eases Booth Btr~et - Bet Bond Release Lots Ralph Joyce, Esq., told the Board that the water main has be installed. He would like the Board to set a bond and release Lot 295, Lot 294 would be kept under covenant. D.P.W. has recommended a bond amount of $51,000. Planning Staff would recommend that 1/2 of this be posted and that the Board release of one of the lots. Two house subdivision, road is at binder. Town would has a cash bond and a covenant on the other lot. Attorney Joyce submitted actual costs of $18,700 to complete the roadway. The Board discussed bond of $20,000 to cover the cost of finishing the roadway. No Certificate of Occupancy until other lot released and bond amount reviewed. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to accept $20,000 cash bond and release Lot 295. Applicant to request release of other lot at January 4, 1994 meeting. Covantr~ II - Bon~ Releas~ On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to release $52,000 as recommended by D.P.W. The release is broken down as follows: $27,000 - S. Bradford Street $12,000 - Blue Ridge Road $13,000 - Lancaster from 0+61 to 13 Village W&¥ - Lot i - Watershed Distric~ On a motion by Mr. Mahoney, seconded by Mr. Rowen the Board voted to release $2,000 bond held for erosion control as site is complete. Staff to draft letter to D.P.W. requesting that they itemize bond amounts. Letter to be signed by Board members. Mr. Daghlian to provide staff with D.P.W. check list from Danvers. White B~rch I - Sst ~0nd Release Lot- D.P.W. recommended that a bond be set at $79,000 for the completion of the road. On a motion by Mr. Mahoney to release 6 lots upon the posting of a $79,000 bond as recommended by D.P.W. There was no second. On a motion by Mr. Rowen, seconded by Mr. Mahoney the Board voted to release 5 lots upon the posting of a $79,000 bond. Staff to revise FORM G and lot release to reflect 5 lots instead of 6 lots. Applicant to meet with D.P.W. to itemize bond amount and come back to the Board at the January 4, 1994 meeting to release final lot. Mr. Rowen asked, because D.P.W. did not itemize, what was included in the bond release, did not feel comfortable in releasing all the lots. DeoAsion Christmas Tree Estates - Definitive Su~division & Special Permit The Board reviewed the draft decisions. Escrow account must be set up to cover cost of finishing the roadway to the end of the property line. Water and sewer to be put in to the end of the property now. SDecial permit Condition l(d): Mr. Mahoney to draft language to be put into every deed regarding 50' buffer zone. Performance Guarantee Amount - $8,000 On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve Christmas Tree Estates Subdivision conditional approval as amended. On a motion by Mr. Mahoney, seconded by Mr. Daghlian, the Board voted to approve Christmas Tree Estates Special Permit as amended. White B~FCh ~ - Sicn~vlars Mylars to be signed at the next meeting, January 4, 1994. Public Hearin, s 1070 Osgood Street - Site Plan Review Mr. James Bourgeois told the Board that after meeting on-site with them, he made the building smaller and added a basement area for the freezer. The building will be 5 feet shorter with more maneuverability in the parking lot. The basement is not included in the parking calculations. Mr. Rowen asked that the Board write a letter to the zoning Board of Appeals supporting small parking spaces. Mr. Bourgeois requested that the Board close the public hearing and send affirmative letter to the Zoning Board of Appeals. Mr. Daghlian asked that the guard rail be extended at the entrance and go across bridge over wetlands. Mr. Nardella told the applicant that the dumpster will be enclosed. Mr. Bourgeois told the Board that there would be a lighted sign at the entrance, reviewed by the Building Inspector. Mr. Nardella discussed limiting hours of operation. The Board did not see the need for limiting the hours of operation. Liquor license would limit hours of operation. On a motion byMr. Mahoney, seconded by Mr. Rowen, the Board voted to close the public hearing. The Planning Board endorses use of basement for storage and refriueration only. This will be added to the decision. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve the Site Plan Review for 1070 Osgood Street as noted and amended. 238/240 Sutto~ Street - Site Plan Review Robert Nicetta, Building Inspector, told the Board that the structure needs to be reviewed. There is a change in use, therefore building must be brought up to current building codes. Mr. James Bourgeois requested continuation, in the meantime address structure issues. Mr. Nardella asked the Building Inspector and the applicant to discuss the building use issues and parking. The Board to continue the hearing until the next meeting, January 4, 1994. Foxwoo~ - Definitive Subdivision & SPecial Pemeit p~n Ms. Colwell handed Stapinski, Merrimack development. out copies of letters received from Steve Engineering, regarding drainage and phased Mr. Nardella read a letter from Nick Vontzalides, D.E.P. questioning drainage plan, illegal flooding of state property, disapproved drainage. Parking for access to open space Spoke with Bill Hmurciak, D.P.W. who need more time to have a more thorough review of drainage given input from the State. Mr. Daghlian had sheet by sheet comments. Molly Towne Road - show as private road · Lot 5 & 6 easement area · Sheet 5 drainage details Mr. Stapinski stated that there would be no retaining wall on uphill side of road. Mr. Nardella asked who sets material for wall. Mr. Stapinski told him it will be poured in place concrete wall, he has met with D.P.W. already. Mr. Daghlian had comments on the stone wall on the south side, line with a circle, what is it? Mr. Stapinski told him it needs to be erased. Sheet 9 drainage swale Lot 18 and Lot 19 drainage easement required? Mr. Stapinski - not town maintained, homwowner's association. maintained by Mr. Rowen asked that the developer give Town easement to maintain. Pipe on Lot 16 needs an easement. Mr. Stapinski said he could put the whole swale in a easement. Mr. Daghlian on Sheet 10: · concern about icing in winter - steep slope Mr. Stapinski's answer: Catch basin should catch water. Mr. Nardella concerned that swale and detention ponds will not control the amount of water that runs through, wants to hold water in. He wants applicant to review drainage and make sure that there are extra catch basins placed in low areas of road. Mr. Nardella said that sidewalk is on the left hand side, sidewalk has become a channel for water. Mr. Stapinski said sidewalks should slope towards the road and water will go into the gutter. Mr. Nardella stated that when binder is down, make sure drainage works at this point, do not wait until final paving occurs, mitigate run off durin~ construction. Mr. Rowen told the developer may want to put a drain in at the base of the slope at station 6+50 to station 9+50, if after construction, the slope is weeping, add to decision Mr. Stapinski told the Board that he was hydroseeding the slope with wild flower mix (loam) Mr. Rowen asked what would he do if it doe not hold? Mr Stapinski answered, put erosion control on it first, depends on the circumstances. Mr. Thomas Laudani told the Board that the site conditions are very different from North Andover Estates, situation is different. Mr. Rowen told Mr. Laudani that the Board has to look at North Andover Estates site to see what lessons can be learned and what conditions should be placed on subdivisions to control erosion on the site. Mr. Laudani told the Board to add conditions in the decision based on certain circumstances as they may arise in the future. Mr. Nardella asked that the developer look for potential solutions up front to potential problems. Mr. Laudani told the Board that he does not take a "bandaid approach" to construction, takes time and does quality work with site control. Mr. Daghlian comments on Sheet 18: need utility detail sewer manhole hydrant detail Mr. Stapinski water boost station on road going up at 10+0 and 13+0 - service loop entire upper loop stipulation that it be designed and reviewed by D.P.W. prior to construction (put in decision). Mr. Stapinski on the sewer pump: · designed to take the addition of 40 homes. Ms. Colwell to bring Woodchuck Grove subdivision plans to the next meeting. Mr. Stapinski: - sewer y's will be provided along Salem Street for tie-ins to existing houses - sidewalks around inside of loop - granite curb from Salem Street all the way up to intersection, curb does not go around the loop Mr. Nardella stated that if there is erosion, reserve right to put curbing around top of loop (add to decision) Mr. Daghlian requested copies of all drainage calculations for his review. Mr. Stapinski inspects construction once a week on all sites, project meetings once a week to discuss progress. Mr. Robert Parker stated that a site like this requires constant maintenance of erosion control mechanisms and adjustments made to address changing issues. Mr. Nardella wanted documentation on pump station ownership. Mr. Rowen had questions on phasing. Mr. Nardella stated that once lots all sold, entrance way must be maintenance free, no signs that must be maintained. Mr. Mahoney did not have a problem with entrance signs with subdivision names. Mr. Laudani would like a metal sign inset into wall (could be a granite sign) Mr. Rowen stated that monuments that identify subdivisions create an exclusive atmosphere and potential public safety issues when name is not the same as roadway. Mr. Daghlian had questions on the following: street lights use electric company street lights on section of switch back with out houses - station 112+ - 123 staff to discuss with D.P.W. for input on this Mr. Nardella told the developer that outside review by a consultant of drainage and erosion may be required by Conservation and or Planning Board. How much would this cost? This may be required in light of concerns raised by DEM Mr. Stapinski answered that the cost in excess of $5,000. Mr. Nardella wants the applicant to respond to letter from DEM. Mr. Rowen stated if a fitness trail were to be developed, it should be available to the public. Ownership of the open space needs to be reviewed, Town v. homeowners. Phased construction: Phase 1. Lots 1, 2, 3, 49, 48, 47 up to first switchback, erosion control will be put in place first road and lots opened at the same time do cuts and fills stabilized, then do infrastructure Ms. Colwell told the applicant the lots must be stabilized prior to next phase starting. Mr. Rowen concerned that yellow (phase I) and pink (phase II) areas consist of 1/2 of the lots. Mr. Laudani told the Board that Phase II area done in July, binder on Phase I area done in May, then enter Phase III. Mr. Nardella asked if there were any advantages to starting at top of hill. Mr. Rowen wants downhill stuff completed first to handle top of hill erosion. Mr. Nardella concern expressed by Conservation that when too many lots have been cleared and opened, there is more opportunity for erosion. Mr. Stapinski: slopes behind houses in Phase II lots cut and fill lot and then hydroseed. Mr. Nardella asked what is the time frame between hydroseed and building? Mr. Stapinski answered with it could be a week. Mr. Nardella asked what happens if all lots are open at the same time? Mr. Stapinski answered - then they are all open at the same time, but the entire lot is not open, only the area for the foundation. Mr. Nardella: No storage material on site (add to decision) concern about erosion that occurs when foundation is put in and 12 foundations are open at the same time. Mr. Daghlian: · test pits on site to confirm soil types and ground water level should be done on a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to continue the public hearing to January 4, 1994. A site visit is scheduled for December 18, 1993 at 8:00 a.m., center line of roadway to be staked. Meadowood II - Set Bond - Release Lots D.P.W. letter recommending bond of $35,000 was read. On a motion by Mr. Daghlian, seconded by Mr. Rowen the Board voted to set the bond at $35,000 and release Lots 3 to 11 and Lot 13 for construction. Staff to review signature for Mr. Daghlian. Cobblestone Crossina - Siam Plans The Board signed plans and covenant. A $5,000 Performance Guarantee was posted. Minutes November 16, X993 November 30, 1993 The minutes were not reviewed by the Board members. Item tabled to the next meeting. adiou~e~t The meeting adjourned at 11:20 p.m. I ~ Richard A. NArdella, chairman