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HomeMy WebLinkAbout1989-11-02The North Andover Planning Board held a regular meeting on November 2, 1989, in the Town Hall Selectmen's Meeting Room. The meeting was called to order at 7~45 by the Chairman, George Perna, Jr. The following members were also present John Simons, Clerk; Erich Nitzsche, Jack Graham and John Draper. Joel Bard, of Kopelman & Paige, Town Counsel was also present. DXscussion with Town Counsel Angus Realty Trust - Butcher Boy Joel Bard, Town Counsel from Kopelman & Paige, gave the Board some background on Angus Realty Trust. The applicant is challenging the Board's denial for Special Permit Site Plan Review and moving for judgement. Each of the items on the list for the denial were gone over by the Board. Robert O'Sullivan, attorney along with Mr. Tom Caffrey representing Angus Realty Trust, spoke to the Board on the issues raised in the denial. One of the issues was going before the Conservation Commission with the proposal and the possibility of changes in the site plan. The applicants have been before the Conservation Commission and have received an Order of Conditions. On the remaining issues, Mr. O'Sullivan stated that the issues were addressed. Condition #2 Condition #3 Condition #4 Condition #5 Condition #6 Condition #7 Sewer Plans have been submitted and approved by both State and Local D.P.W. Natural spring has been addressed through the Order of Condition from the Conservation Commission. Drainage pipes along Osgood S~reet issue was resolved by re-routing the proposed pipes. Altering a resource area in violation to the Wetlands Protection Act has been addressed through the Conservation Commission's Order of Conditions. Environmental Impact Report was issued on August 2, 1989. Detailed Traffic Impact Report was included as part of the EIR process and found satisfactory. Robert O'Sullivan stated that a Special Permit was granted by the Zoning Board of Appeals in 1985 with conditions. One of the conditions was that the final plans be approved by the Zoning Board of Appeals. In February 1988, the plans were approved and signed by the Zoning Board of Appeals and filed in the Registry of Deeds. Mr. O'Sullivan further stated that the use was allowed by right. George Perna questioned the Board of Appeals approval with half the size of the building. Mr. O'Sullivan said that the Board of Appeals did not approve the size of the building. Applicant went to the Zoning Board of Appeals because there was a requirement that structures could not be built within 250 foot buffer zone. A portion of the building was within the 250 foot buffer zone. A lengthy discussion took place, on the size of the building and the Zoning Board approval, between the Board members and the applicants attorneys. George Perna would like to discuss the matter further with Town Counsel in Executive Session. Joel Bard, Town Counsel, stated that there were seven technical questions and one legal issue. He asked the Board if they were satisfied with the technical issues. John Simons stated that the Board would have to review the technical questions. The applicant will supply a copy of all state permits. On the legal issue, the Board will discuss in Executive Session. Abbott Village Christian Huntress, Town Planner gave the Board a list of conditions. George Perna has met with Town Counsel and the Osgoods on this matter. Joel Bard stated what procedural what will happen. 1. There are three (3) suits Two suits on the subdivision One suit on a Special Permit for a common driveway. A list of conditions were addressed on all three suits. Town Counsel could enter into an Agreement for Judgement with the court. The applicant would not have to come back to the Board but would prefer a new public hearing. George Perna stated that if new facts come up they will be conditioned. The matter will discussed further in Executive Session. Coolidge Construction Joel Bard, Town Counsel, briefed the Board on this case. There are two different sites, one on Great Pond Road, the other on South Bradford Street. The applicant has sued both the Planning Board and the Conservation Commission. The Zoning Bylaw changed in the middle of the Special Permit application. A moratorium was placed in effect. There is no documentation on how the Board acted on this application. Basically the Planning Board is to make a decision. Joel Bard stated that he had received an Agreement for Judgement from Attorney Bob Brintz. Stratigity will be discussed in Executive Session. Motion~ Second= Vote~ By John Simons to go into Executive Session to discuss stratigity on the pending cases. Erich Nitzsche Unanimous of those present. The Planning Board went into Executive Session at approximately 8:40 p.m. Note~ Per Town Counsel, the following procedure is necessary to go into Executive Session. a. State what the purpose is of the Executive Session - to discuss litigation stratigity. b. Roll call vote, calling off all members and their vote. c. Let the public know if you will reconvene the open session again. do The Board is allowed to vote during Executive Session and is kept confidential until such time as the case is settled. The Planning Board requested that packets be given to them on cases that are in litigation. It was also requested that all files pertaining to a particular case be brought to the meetings, along with a map. At approximately 9550 p.m. the Planning Board came out of Executive Session and continued the open meeting. Discussions Angus Realtv Trust George Perna spoke to the applicants on where the Board is at the present time. The legal issues should be resolved within two weeks. The Board will review the technical issues. Town Counsel to notify the Board once the legal issues are resolved. Scott Circle Thomas Neve spoke to the Board on Scott Circle. In 1977 a one lot subdivision was approved. One house was allowed with one driveway. The Board waived the construction of the roadway because they only allowed the one house and driveway. At the present time the owner is looking for direction on subdividing the property. The zoning has changed in the area from one acre required, to two acres required. The applicant has to come before the Planning Board with a new submittal. Public Hearinqs Sideri - Special Permit - Watershed District Christian Huntress, Town Planner, stated that there was no new correspondence in the file. Chris stated that at the present time the Watershed Bylaw is being reviewed. The way he has interpreted is as follows: 1. No construction is allowed within the dimensional setbacks. 2. A variance is needed from the Zoning Board of Appeals. 3. Once a variance is received the applicants have to come before the Planning Board for a Special Permit. John Simons stated that the applicant should withdraw the Special Permit application and go before the Board of Appeals for a variance. Hotion~ Second: Vote: By John Simons to continue the public hearing and request the applicant to withdraw the application. Erich Nltzsche Unanimous of those present. Weston Properties - Special Permit, Independently Elderly and Site Plan Review ' John Simons read the legal notice for the Special Permit and Site Plan review. George Perna went over the issues that were to be addressed from the last meeting. Lou Garfield, President of Weston Properties, cited the following. The number of units previously approved has been reduced from fifty four to forty units. The structure will be low rise single family units. ' Jim Velleco went over the overall calculations. The site was thirteen acres, is now fifteen acres. The footprint of the buildings was 76,500 sq.ft., now 77,600 sq.ft. Paving on the site has been lessened due to the roadway being on the inside perimeter, from 46,500 sq.ft, to 34,600 sq.ft. The driveways proposed are 24,920 sq. ft. from 34,680 sq.ft. The total area of open space is 335,120 sq. ft., 51%. John Simons asked about landscaping. Jim Velleco stated that the existing trees will be reinforced. Street trees will be planted, some to be evergreens. There will be landscaping along the buffer for screening, made up of hedges and picket fences. John Draper spoke on the elderly people that would be living in the development with respect to fast traffic and no sidewalks. Lou Garfield said that from a marketing view, security was advised possibly a gate. Christian Huntress, Planner would like to go over the landscaping plan with the landscape architect. Gerry Berube, an abutter, stated that the project looks better. Another abutter from 200 Osgood Street stated that he approves of the project. A letter was received from Gayton Osgood, 139 Osgood Street and read into the record. Betty Pendak, Chickering Road, wanted to know if the project meet the fire department requirements. Motion: By John Simons to close the public hearing and take the matter under advisement and direct the Planner to draft a decision. Second, Jack Graham Vote: Unanimous of those present. Olenio - Special Permit - Watershed District Christian Huntress, Town Planner, stated that a variance is needed. Thomas Neve discussed what was shown at the opening of the public hearing. Drainage calculations were given to the Planning Board. Setbacks were discussed. Tom Neve wants some direction from the Board. The Board expressed the need of a variance. Motion~ Second: Vote: By Jack Graham to continue the public hearing to November 16, 1989. Erich Nitzsche Unanimous of those present. Brookview - Definitive Subdivision Thomas Neve gave the Board a list of issues. meet to go over the issues. The sub-committee to Riparian Realty Trust - Site Plan Review The following issues were discussed, Traffic intensity of use proximity with the parking near the wetlands. Bill Bergeron spoke to the Board on down scaling the project. The footprint will be the same, but will be used industrially. The parking requirements will be less, thus reducing the traffic. George Perna expressed concerns about possible other types of uses for the buildings, like putting up partitions and making more office space. Bill Bergeron said that the issuance of the building permit from the Building Inspector will ensure that what the Planning Board approved will be constructed. George Perna wants a restriction put on the deed. Christian Huntress, Planner, told the Board of a possible septic system problem. The system could handle one (1) shift. Mr. Bergeron told the Board that once a sewer is installed along Route 114, this project will be hooked up to the system. A lengthy discussion took place on the parking as Mr. Bergeron explained it to the Board. Erich Nitzsche spoke on the landscaping. He cited that it was mostly retaining walls. Bill Bergeron told the Board that the Conservation Commission asked for retaining walls. A brief discussion took place on the amount of wetlands on the property. Motion: Second: Vote: By John Simons to accept an extension to December 5, 1989 and continue the public hearing to November 30, 1989. Jack Graham Unanimous of those present. Boston Brook - Definitive Subdivision - Special Permit PRD John Simons read a letter regarding the phasing plan and erosion control. Motion: Second: Vote, By Jack Graham to continue the public hearing to November 30, 1989 and accept an extension to December 5, 1989. Erich Nitzsche Unanimous of those present. Decisions Edgewood Life Care - Special Permit - Common Driveways Motion~ Second~ Vote, By John Simons to accept the conditional approval for the Edgewood Life Care Special Permit Common Driveway. John Draper Unanimous of those present. Hinutes August 24, 1989 Motion= By Erich Nitzsche to approve the minutes. Second= John Simons Vote, Unanimous of those present. Motion, By John Simons to adgourn the Planning Board meeting. Second: Erich Nitzsche Vote, Unanimous of those present. The Planning Board adjourned the meeting at approximately 12:00 midnight. George Perna, Jr., Chairman Eaton, Secretary