HomeMy WebLinkAbout1990-02-01The North Andover Planning Board held a regular meeting on Thursday
evening, February 1, 1990 in the Town Hall, Selectmen's Meeting
Room. The meeting was called to order at 8:19 p.m. by the
Chairman, George Perna. Also present were Erich Nitzsche and John
Draper. John Simons arrived at 8:30 p.m. Jack Graham was absent.
Due to the lack of a quorum at the opening of the meeting, the
Board took up discussions first.
Discussions
Selectmen's Meetinq
Christian Huntress, Town Planner stated that the Planning Board had
been requested to meet with the Board of Selectmen on February 5,
1990 for the yearly meeting.
Christian Huntress gave the Board a copy of the report that was
submitted for the annual town report. George Perna asked for an
updated list of proposal for the next Annual Town Meeting.
John Simons arrived at 8:30 p.m.
Christian Huntress stated that at the present time he is working on
the Watershed District Section, as to the order in which it is in
and other ambiguities. Chris said he was also working on a local
housing partnership.
John Simons mentioned the fact that the Board had approved their
first cluster development.
George Perna asked Chris to draft a
meeting. Erich Nitzsche added that
should be available.
list for the Selectmen's
a list of the court cases
Chris added that the North Andover Business Park would be a topic
that might come up at the meeting as well as the light situation on
Route 114 and Willow Street.
Public Hearing
Site Plan Review Filing Fees
John Simons read the legal notice open the public hearing.
Christian Huntress, Town Planner, briefed the Board on the present
filing fee being $200.00. He stated that after researching fees
from other towns in Massachusetts, he has developed a formula.
George Perna read from the proposed filing fee structure. The
initial filing fee is $300.00 and .05 per square foot.
George Perna asked for input from the developers that were present.
David Zaloga spoke on other construction fees in Town and adding
another fee.
Motion:
Second:
By John Simons to approve the Site Plan Review Filing Fee
structure.
John Draper
Erich Nitzsche asked that the Board eliminate the l/lOth of percent
of $50.00 and have it .05 per square foot.
John Simons amended his motion with Erich's comment.
Vote~ Unanimous of those present.
South Bradford Street - Special Permit - Common Driveway
Christian Huntress gave the Board some background on the
application before them at the present time. It is presently in
litigation and Town Counsel is in the process of settling the case.
Chris stated that he has told the applicant that no decision would
be made until the case was settled.
George Perna asked for more information on the litigation. Chris
stated that the were four (4) Form A lots that are in the Watershed
District. The timing of the filing was around the moratorium of
building in the Watershed District.
Phil Christiansen, Christiansen & Sergi, spoke to the Board on the
application. There are four Form A lots in existence. The owners
want to build two new houses. There is one house existing. Lot 3
will not be built upon. George Perna told the applicant that he
will have to file a Form A application for the correct parcels.
The Board cannot approve the Special Permit until the Form A that
is a lot of record. Phil Christiansen asked if both could be done
at the same time. George Perna said he had no problem with dealing
with both at the same time.
Motion:
Second:
By John Draper to continue the public hearing on the
South Bradford Street Special Permit for Common Drive.
Erich Nitzsche
George Perna asked that in the motion that staff be directed to
write to the applicant with a written description on what has to be
addressed and the ramification of new lot lines. George Perna
asked that Chris look into dimensions as they relate to the
Watershed District.
John Draper so amended his motion.
motion.
Vote~ Unanimous of those present.
Erich Nitzsche seconded the
Johnston Country Store - Site Plan Review
John Simons read a letter to Mr. Bain from Christian Huntress, Town
Planner on concerns the Board raised at their last meeting.
George Perna stated that the applicant should not be before the
Board for Site Plan Review. They should be before the Board for
Repetitive petition.
Mr. Bain disagreed. Mr. Bain stated that he should be brought
before the Board for Site Plan Review. Referring to the letter he
had received from Christian Huntress, Mr. Bain said he had
questions and concerns. Addressing items 3, 4, & 5, Mr Bain said
he needed clarification of item 4, commercial sprinklers.
Christian Huntress told him that information was available at the
fire station. Mr. Bain stated that the engineers were working on
the commercial sprinklers.
On item 3, Mr. Bain has requested a copy of the deed and will be
submitting it shortly to the Board. The copy will be certified.
On item 5,relating to a dry sewer being put in to the property
line, Mr. Bain said there was no problem.
George Perna asked about the footnote in Table 2 - footnote 1 being
100 foot setback along Route 114. Mr. Bain stated that the Board
of Appeals had discussed the issue. He had minutes from that
meeting with the Zoning Board.
A lengthy discussion took place on repetitive petitions.
The Board will ask Town Counsel to review the issue of repetitive
petition.
George Perna recapped what has already been discussed:
1. Landscaping
2. Lighting
3. Drainage
Erich Nitzsche stated that there was a problem with the drainage.
More information is needed.
Christian Huntress was directed by the Board to send a letter to
Mr. Bain listing the items that were discussed along with the
Board's concerns.
Motion:
Seconds
Vote:
By John Simons to continue the public hearing on the Site
Plan Review for Johnston Country Store.
John Draper
Unanimous of those present.
Discussions
North Andover Business Park - Definitive Subdivision
Christian Huntress gave the Planning Board a draft order of
conditions on the North Andover Business Park. He also presented
the Board with a copy of a Request for Proposal on the design
project for a signal light on Route 114 and Willow Street for
review.
The Board went over the order of conditions.
Item #2 - Bonding
Erich Nitzsche stated that he wanted all drainage facilities
and detention ponds built before lots were released.
Mike Rice, Bayfield Company, told the Board that he has three
companies that would like to locate in North Andover. If the
subdivision approval is conditioned requiring a traffic light prior
to any construction those companies would no longer be interested
because of the time it would take for the State to act. No
construction would be done this year.
George Perna asked what the cost was for engineering and designing
such a light. Christian Huntress told George that the cost would
be about $40,000.
A lengthy discussion took place on the construction of the site and
a signal light being installed.
The Planning Board discussed Item #16. George Perna suggested that
it should read: No occupancy permit would be granted until a
signal light was installed or an officer was on duty during
business hours.
Erich Nitzsche suggested that funds be contributed prior to
occupancy. Mike Rice asked if the funds could be contributed as
the lots are sold.
George Perna stressed the Boards position on the signal light being
installed.
Lyons Way - Preliminary Subdivision
A letter was received from the applicant requesting an extension.
Christian Huntress gave the Board some background on the plans
submitted for Lyons Way. The applicant received approvals for the
subdivision about ten years ago. The time in which a plan is
approved and completed has run out. The applicant is now before
the Board with a preliminary plan. This plan is the result of the
subdivision approval that was granted ten years ago.
Christian Huntress gave the Board a copy of a draft decision on the
preliminary plans.
George Perna asked that specific waivers be listed. Christian
Huntress has included that issue in Condition #17 of the draft
decision.
John Simons asked that a condition be added to the draft stating
that all rules and regulations shall be adhered to in the
definitive submission.
Motion:
Second:
Vote:
By Erich Nitzsche to approve the preliminary subdivision,
Lyons Way, in accordance with the draft approval, of
eighteen conditions and inserting Condition #19 to read
that a thirty (30) foot wide access/egress easement will
be shown from the end of the cul-de-sac to land of the
Commonwealth along the lot lines of Lot 5 and Lot 6.
Also adding Condition #20, that all rules and regulations
shall be adhered to.
John Draper
In Favor - Erich Nitzsche, John Draper, and George Perna
Opposed - John Simons
Approval Not Required Form A Plans
Vest Way
The applicant is proposing to reduce the number of lots on Vest Way
from 5 lots to 3 lots with the required two acre lot size. The
Board questioned the Contiguous Buildable Area for those lots.
The Board would like Town Counsel to review this application on the
C.B.A. requirement of the Zoning Bylaw.
Motions by Erich Nitzsche to accept the withdrawal
prejudice on the application for Vest Way.
Second, John Simons
Vote: Unanimous of those present.
Tanglewood Lane - Land Court
The issue was tabled to February 15, 1990.
verified.
without
Lot lines have to
Bonds
Marbleridqe Subdivision
Motion,
Second:
Vote:
By John Simons that a bond in the amount of $34,450 be
retained for the completion of the Marbleridge
Subdivision and release to the applicant the accrued
interest.
Erich Nitzsche
Unanimous of those present.
Minutes
November 16, 1990 - November 30, 1990
December 7, 1990 - December 21, 1990
January 4, 1990
George Perna asked that a few changes be made on the November 16,
1990 minutes. Those changes were typing errors.
Motion:
Second:
Votes
By John Simons to approve all the minutes with
correction made on the minutes of November 16, 1990.
John Draper
Unanimous of those present.
the
Erich Nitzsche abstained on the December minutes as he was absent.
Sign Plans
Boston Brook Estates - Definitive Subdivision - Special Permit PRD
Easements were presented to the Board for review. Those easements
were for~
1. Access easement through the PRD to the State Forest.
2. A detention easement.
John Simons questioned a conservation restriction easement.
Christian Huntress will look into the conservation restriction
easement.
Erich Nitzsche asked that the easements be delineated on the plans
before the Board signs them.
Woodchuck Grove - Special Permit PRD
The issue was tabled. Christian Huntress told the Board, he has
not reviewed the plans.
Motion:
Second:
Vote:
By John Draper to adjourn the meeting.
Erich Nitzsche
Unanimous of those present.
The Planning Board adjourned at approximately 10:45 p.m.
George Perna, Jr., Chairman
et L. Eaton, Secretary