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HomeMy WebLinkAbout1989-12-21The North Andover Planning Board held a regular meeting on Thursday evening, December 21, 1989 in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at 8:16 p.m. by George Perna, Chairman. The following members were also present~ John Draper and Jack Graham. John Simons, Clerk, arrived at 8t35 p.m. Erich Nitzsche was absent. Due to the lack of a quorum, the members present took up issues that needed only three members first. Approval Not Required Form A Plans Great Pond Road - Home Property - Land Court Motiont Second~ Vote: By Jack Graham to accept the Form A Plan for Land Court. John Draper Unanimous of those present.· Laconia Circle The Form A was approved and signed by the Board in 1986 but was not recorded. Christian Huntress stated that the plans had to be recorded in Land Court. The Board questioned whether it was in the proper form for recording. Motion: Second~ Vote: By John Draper to sign the plans subject to the Planner, Christian Huntress, getting the proper information on the plan being for land court and in the proper form. Jack Graham Unanimous of those present. John Simons arrived at 8~3§ p.m. Upland Street - Finocchario The Board had previously approved the plan subject to a site visit and checking Upland Street for sufficient grade, width and construction. The Board signed the Form A Plans. Public Hearings 270 Harbleridge Road - Special Permit - Watershed District. John Simons read the legal notice to open the public hearing. John also read the decision from the Board of Appeals granting the variance. Christian Huntress, Town Planner, stated that the application was properly presented. A variance was needed before the applicant could come before the Planning Board. Chris further stated that Conservation has approved this application. With the two approvals the applicant has received, Chris stressed that it was not a rubber stamp. The applicant will not receive the Planning Boards approval on that alone. John Simons read from the Zoning Bylaw the criteria for a Special Permit. He also read a portion of Section 4.135 of the Zoning Bylaw. A lengthy discussion took place on the Watershed District and Special Permits. Keith Coleman, representing Mr. Smith, spoke to the Planning Board on the application. The Board asked where the site was located and asked that a locus be shown on the plans. The applicant is in the Watershed District and would like to put an addition on an existing house. A family room 18'x20' is proposed. The Board reviewed the plans and found that a natural buffer exists between the wetlands. The construction is limited. Entry will be on the left side of the house. No construction on the south side. Hay bales will be extended. Construction could start after the 21 day appeal period and should be finished, outside activity, by April 1, 1990. Regrading and seeding to be done as soon as possible with weather permitting. Construction tape will be placed 5 feet parallel to the pipe. Motion~ Second~ Vote: By John Draper to approve the Special Permit subject to the conditions discussed. (CLOSING PUBLIC HEARING?????) Jack Graham Unanimous of those present. Great Pond Road - Special Permit - Watershed District F. Horne Property John Simons read the legal notice to open the public hearing. Christian Huntress, Town Planner, spoke to the Board on this application stating it was not necessary for the applicant to obtain a variance because it was out side the discharge zone but in the non-disturbance zone. The parcel contains 21 acres. Bill McLoed told the Board that the reason for appearing before the Board was that the driveway was in the non-disturbance zone. The driveway crosses the wetlands. The applicant wants a concrete driveway to eliminate any pollutants in the lake. Christian Huntress expressed his interpretation of the Watershed District Bylaw. He felt that any construction within this district should be brought before the Board for a Special Permit. The Board asked to see a plan showing the cross section of the wetland crossing. A site visit will be scheduled for December 30, 1989. Mark DiSalvo, abutter, spoke on the proposed as it relates to the existing curb-cut and the wetland crossing. Motion: By John Simons to continue the public hearing to January 4, 1990 and schedule a site visit for December 30, 1989 and direct the Planner, Christian Huntress to draft a decision for the January 4, 1990 meeting. Second: John Draper Vote: Unanimous of those present. North Andover Business Park Extension - Definitive Subdivision John Simons read the legal notice to open the public hearing. Thomas Neve, Thomas E. Neve Associates, spoke to the Board on the location of the proposed extension to the North Andover Business Park. There are four (4) lots proposed. John Simons read a letter from the Division of Public Works which listed their concerns. Tom Neve spoke to the Board on the sewer. Christian Huntress stated that he had spoken to Bill Hmurciak on the capacity of the sewer. Bill told Chris that the sewer was at its capacity. Tom Neve said that if that was the case he would use another pumping station. The capacity of the sewer will be reviewed by the D.P.W. Christian Huntress told the Board that he is working with the State Department of Public Works for a light at the intersection of Route 114, Willow Street and Mill Road. Tom Neve reassured the Board that he was still working with the Town in conjunction with a light being installed at the beginning of the Industrial Park. The Board discussed the possible development of the Residential portion of the parcel with some kind of housing. Tom Neve presented the Board with a list of waivers. The pavement is 32 feet wide. Fire Alarms are not shown on the plans but will be installed according to the Fire Department regulations. The placement of the stop signs will be reviewed by the Safety Officer, Charlie Fucca. Mark DiSalvo expressed his concern if a HOP Program was initiated it would possibly increase the number of school children. Motion: Seconds By John Simons to continue the public hearing to January 4, 1990. John Draper Tom Neve spoke to the Board on residential and commercial areas not mixing. The area that was discussed for possible housing is isolated by commercial development. The Board directed Christian Huntress, Town Planner, to send a letter to the applicant with a list of the Boards concerns. A site visit is scheduled for December 30, 1989 at 10:00 a.m. Vote: Unanimous of those present Olenio - Special Permit - Watershed District The applicant is in the process of going before the Board of Appeals for the required variances. Motion: By Jack Graham to accept an extension to January 30, 1990. Seconds John Draper Vote: Unanimous of those present. Discussions Thomson School and Calzetta Farm Site Christian Huntress, Town Planner told the Board that the remaining issues will be addressed in a workshop. Those issues were: 1. drainage 2. sewer Christian Huntress stated that he has received comments from Erich Nitzsche on the drainage and comments from Bill Hmurciak, D.P.W. John Simons read the comments from the D.P.W. The Board reviewed the draft decisions Thomson School George Perna asked if there would be a construction fence on the site. Hark DiSalvo told George there would be a construction fence and it was shown on the plans. Also questioned by the Board were~ phasing plan lighting plan wall on the Saltonstall Road side the Planning Board - to be suitable to John Simons asked that the word owner in the draft decision be changed to applicant in this case, as it is the Town. Calzetta Farm Site John Draper expressed concerns about students walking along Johnson Street to get to school. Mark DiSalvo spoke on off site improvements where it relates to the school. He said that the issue should be taken up and addressed by the Planning Department. Christian Huntress, Town Planner was 'asked by the Board members to check with Karen Nelson, Director of Planning and Community Development on addressing off site issues at all schools. Jack Graham will represent the Board when a committee is formed to study sidewalks. The Board discussed, in length, traffic in the area of Johnson Street, Marbleridge Road and Abbott Street. Christian Huntress was directed by the Board to go over the draft decisions incorporating issues discussed. The issues on drainage and sewer will be addressed at a workshop. The final decisions to be ready for the Board to act upon on January 4, 1990. Butcher Boy John Simons read a letter from the Department of Public Works. Christian Huntress told the Board that he had sent a letter to Mr. Thomas Caffrey, attorney for Butcher Boy, listing concerns. He has received a response that did address most of the concerns. Christian Huntress asked the Board if they had read the letter from the Department of Environmental Protection, stating the water that was found on site was trapped water not a tributary to the lake. Drainage from the site flows to the Merrimack River not the lake. Chris told the Board that after reviewing the matter with Town Counsel, all the issues have been settled. With regard to zoning and grandfatherlng, they should be set aside. John Simons told the Board he still wanted to see a chronology. John wants to know the date of the decision and the date of appeal made by Mr. Ragonese on the Board of Appeals decision as well as the Conservation Commission's decision and the date it was appealed. The Board discussed parking, the location of the building and possible types for the proposed building. Subsurface flow was also discussed. Christian Huntress asked the Board if they wanted to see the model of the proposed, again. Their response was affirmative. John Simons will talk to Town Counsel on some of the legal issues. John also asked Chris to match up the signed plans with the Board of Appeals decision. George Perna asked Chris to call for an estimate for studying the subsurface flow on the site. Site Plan Review Filing Fees Christian Huntress told the Board that he had contacted other Towns relative to Site Plan Review Filing Fees. North Andovers fees are lower than most by thirty percent. Chris gave the Board a draft of a formula that could be implemented. The Board reviewed the draft and asked that a public hearing be scheduled for raising the Site Plan Review Fees. Bonds Marbleridqe Subdivision A letter was received from the Department of Public Works recommending the release of $17,000. Motion, Second: Vote: By Jack Graham to release $17,000 for the Marbleridge Subdivision as recommended by the Department of Public Works. John Simons Unanimous of those present. Minutes November 2, 1989 Motion, Second: Vote: By Jack Graham to approve the minutes of November 2, 1989 as written. John Simons Unanimous of those present. The North Andover Planning Board held a regular meeting on Thursday evening, January 4, 1990, in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at 8:13 p.m. by the Chairman, George Perna, Jr. Also present were John Simons, Clerk, Erich Nitzsche, and John Draper. Jack Graham was absent. Public Hearings North Andover Business Park Extension Christian Huntress, Town Planner, updated the Board on correspondences stating that a memo was received from the D.P.W. After the site visit of December 30, 1989, Erich Nitzsche asked for more details of the abutting property, the physical features. Drainage calculations are in the file. Jim Bourgeois was present for Tom Neve. John Simons asked how the situation was going with the light at the intersection of Route 114 and Willow Street. Christian Huntress stated that he has been working the State D.P.W. He is in the process of drafting a letter requesting estimates for the proposed light. Motion: Second: Vote By Erich Nitzsche to close the public hearing and direct staff to work with the applicant on the drainage calculations and the signals. John Draper Unanimous of those present. Great Pond Road - Special Permit - Home Property Christian Huntress, Town Planner, had been directed to write a draft decision for the Special Permit. Copies of that draft were given to the Board members. The applicant to receive the Order of Conditions from the Conservation Commission on January 18, 1990. After going over the list of conditions from the Planning Board, Mr. McLeod asked that #10 be changed from Conservation Commission to Conservation Commission Agent. Hr. McLeod asked that #11 be changed to 24x48 from 24x36 so that the entire parcel be shown. Erich Nitzsche asked that condition #11 be reworded to the Special Permit will be recorded and refer to the Land Court Plan to be recorded. Also, refer to this particular plan on file in the Planning Board Office and on file with Conservation. John Simons would like to add to the findings why the Board is approving this Special Permit. The size of the site. The relative minimum impact the Special Permit will have in this area. HOtion~ By Erich Nitzsche to approve the Special Permit for construction in the Watershed District on Lot 16 Great Pond Road in accordance with the draft conditions as amended under items #10 and #11 and item #1 to reflect that the Special Permit will be recorded in the Registry of Deeds and make reference to the plan filed with the land court and the topographic plans on file with the Planning Board and Conservation Commission. John Simons to add footnotes to the findings. Second: John Draper Vote: Unanimous of those present. 270 Harbleridqe Road - Special Permit - Watershed District Motion: By John Draper to close the public hearing Second: on 270 Marbleridge Road, Special Permit for Construction within the Watershed District and approve the draft decision. Erich Nitzsche John Simons to amend the findings section. Vote: Unanimous of those present. Approval Not Required Form A Plans Laconia Circle The Planning Board had previously voted to sign the plans subject to the Town Planner, Christian Huntress checking the form for registering in Land Court. The plan is not for Land Court. The plan is to be registered at the Registry of Deeds. The Board signed the plans. Discussions Thomson School - Calzetta Farm Site Christian Huntress asked the Board to review the draft decisions. He asked the Board to review Condition #19 on both sites. To that condition, the Planning Board will also have to be satisfied. Erich Nitzsche had previously asked for revised drainage plans. He has not seen those plans to date. Mark DiSalvo stated that he would see to it that those plans were supplied to the Planning Board. The Board took a few minutes to review the draft decisions. George Perna asked that throughout the decisions the word applicant be used instead of owner. On Condition #5, Calzetta Farm Site, the word prior shall be added. On Condition #20, the Board discussed the language. Added to the draft, the applicant shall provide safe and adequate access and egress to both Abbott and Johnson Street. On Condition #21, the lighting plan, shall be approved by the Town Planner to be added. Condition #23, buffer area, needs more detail and reviewed by the Planning Board. Condition #26, walking path along Abbott Street, to be 4.5' wide with gravel base of 6", to be approved by the Town Planner. The path shall meet the Rules and Regulations with regard to grade and drainage. Condition #27 completed in Regulations. Ail grading including the Playfield shall be accordance with the Planning Board Rules and Condition #28 - Any changes to the plans will be brought back to the Planning Board for approval under a modification. Mark DlSalvo questioned number 5, regarding tree cutting and asked if it was above what is proposed. Christian Huntress explained and added to the condition, in accordance with the approved plans. Mark DiSalvo questioned Condition #13 regarding screening. George Perna told Mark that reasonable screening was necessary for the site. Christian Huntress stated that Condition 14 and 19 were similar and that 14 could be taken out as 19 is more inclusive. Mark Disalvo questioned filing the plans with the Registry of Deeds. He stated that after submitting the plans to Massachusetts Board of Education, the plans may change. George Perna stated that any changes made to the plans before the Planning Board presently, will have to come back before the Board for modification. Thomson School Erich Nitzsche stated that basically the same correction that were made on the Calzetta Farm Site. Condition 13 and 19 to be combined. Also in Condition #19 the words Planning Board to be added. Motions Second~ Vote~ Motion~ Second, Vote: By John Draper to accept the Site Plan Review approval as amended for the Calzetta Farm Site in North Andover. Erich Nitzsche Unanimous of those present. By John Draper to approve conditions as amended for the Thomson School in North Andover. Erich Nitzsche Unanimous of those present. Butcher Boy Christian Huntress stated that he and the Chairman had met with the applicant and thus came up with the technical issues. George Perna stated that he was satisfied that the water will be directed down a pipe and flow away from the lake. The retaining wall will be Keystone type. Christian Huntress read a letter from Attorney Caffrey regarding the Stanleyville Avenue access. George Perna wants to see plans of the actual fixtures to be used in the lighting. The signs will be the same style, not necessarily the same color. Erich Nitzsche asked about the stone marker "Stanleyville" and if it was going to stay or be removed. The applicant is going to look into it. John Draper asked if it was possible to screen the retaining wall. Erich Nitzsche suggested English Ivy. The applicant agreed to screening the retaining wall with ivy. Motion: Second: Vote: By John Draper to go into Executive Session to discuss Angus Realty Trust. The Board will reconvene the public meeting. Erich Nitzsche John Simons - Yea John Draper - Yea Erich Nitzsche - Yea George Perna - Yea The Planning Board went into Executive Session at approximately 9~25 p.m. The Planning Board came out of Executive Session at approximately 10~OO p.m. Butcher Boy George Perna told the applicant that the Board will hold a Special Meeting within the next week with Town Counsel. Christian Huntress, Town Planner, said that he would arrange the meeting. Bonds Marbleridqe - Subdivision Motion~ Second: Vote~ By John Simons to provide no further bond release at this time for the Marbleridge Definitive Subdivision Erich Nitzsche Unanimous of those present. Motion~ Second: Vote: By John Draper to adjourn the meeting. Erich Nitzsche Unanimous of those present The Planning Board meeting adjourned at approximately 10~30 p.m. George Perna, Jr., Chairman anet L. Eaton, Secretary