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HomeMy WebLinkAbout1990-06-28The North Andover Planning Board held a regular meeting on Thursday evening, June 28, 1990, in the Town Hall, Selectmen's Meeting Room. The regularly scheduled meeting was for June 21, 1990, but due to the lack of a quorum, was rescheduled. The meeting was called to order at 8:31 p.m. by the Chairman, George Perna, Jr. Also present were John Simons, Clerk, Erich Nitzsche and Jack Graham. John Draper arrived at 8:43 p.m. Public Hearings 203 Turnpike Street - Site Plan Review John Simons read a letter from Christian Huntress, Town Planner to Stephen Stapinski, Merrimack Engineering. A letter was received from Merrimack Engineering in response to the concerns of the Board. A letter was also received from Merrimack College. That letter follows: Mr. Christian Huntress Town Planner Town of North Andover 120 Main Street North Andover, MA 01845 June 27, 1990 Dear Chris: I have had the opportunity to review the plans for the proposed addition to the North Andover Office Park. I see no major impact to Merrimack College and it's property. However, I would request the following stipulations be imposed by the Planning Board prior to the construction phase. 1. At the request of Mr. Peter Johnson, Merrimack College will permit the temporary use of a small designated area of our property for construction management 'or staging during the course of construction. This area would be required to be secured by appropriate fencing and the college would held harmless for such use. Upon completion of this project, Evergreen Reality, D.B.A. North Andover Office Park would be responsible for regrading, loam and seeding of the designated area. Also, the college would request the existing fencing and gate way be replaced to the college's specifications. Details regarding the specifications are to be agreed upon prior to the start of construction. 2. Prior to the commencement of work, Evergreen Reality, D.B.A. North Andover Office Park will remove all existing parking areas that are presently on Merrimack College property. During the removal of the parking areas, granite curbing or some other aesthetically pleasing barricade must be installed to stop vehicles from exiting the parking lot over college property. All areas that are presently damaged from traffic exiting from these areas are to be graded, loam, and seeded. 3. Under no conditions will Evergreen Reality, D.B.A. North Andover Office Park be permitted to store or dispose of construction debris, trash or hazardous materials on Merrimack College property and will assume any and all responsibilities of any damages of such improper disposal of the same by its employees or contractors. Should you require any further information regarding the aforementioned stipulations to the construction of the proposed addition to the North Andover Office Park, please don't hesitate to contact my office. Sincerely, Scott A. Cote', Associate Director of Physical Plant, Merrimack College George Perna asked Christian Huntress if there were any outstanding issues. Stephen Stapinski stated that there would be extensive landscaping and that islands have been added. A planting schedule was presented to the Planning Board. Plans have been revised to accommodate those plans which the State has to widen Route 114 in the same area. Peter Johnson, Evergreen Reality, gave the Board a construction schedule. Mr. Johnson stated that an average of 80 cars are parked in the parking area, leaving 125 to 130 vacant spaces. If additional parking is needed, Merrimack College will cooperate. George Perna stated that the Board would review the screening of the property after construction. The Building Inspector will review the site during construction. Erich Nitzsche asked that an As-built Plan be submitted . A motion was made by Erich Nitzsche to close the public hearing on 203 Turnpike Street, dated April 9, 1990, revised June 1990 and instruct staff to draft a conditional approval of the Site Plan for July 12, 1990. The motion was seconded by John Draper and voted unanimously by the Board. 296 Salem Street - Special Permit Watershed District Christian Huntress, Town Planner, updated the Board on the application before them. John Simons has contacted I.E.P. John did not receive any additional feedback from them and will not change his mind. John Simons gave the Board copies of a draft decision for a denial. Christian Huntress gave the Board copies of a draft approval. The Board took a few minutes to review both drafts. John Draper asked that an Erosion Control Bond be added to the decision in the amount of $5,000. George Perna asked that a sentence be added to number 5 of the Finding of Facts to read" in particular the applicant has provided an extension to the sewer system which will enable adjacent property owners currently on septic systems to be connected to the Town's sewer line." Erich Nitzsche asked that the following be added to the decision: A bond in the form of a Tri-Party Agreement between the Town of North Andover through its Planning Board, the Applicant and a qualified lending institution, shall be posted to insure proper erosion control methods are established and followed throughout construction. This bond shall be set at five thousand dollars ($5,000). The applicant shall post this bond prior to receiving a permit to build. o Prior to receiving a Certificate of Occupancy the applicant shall submit a certified copy of an As-built Plan, which shows all construction including, sewer lines, leach pits and other pertinent site features. This As-Built Plan shall be submitted to the Town Planner for approval and shall be stamped by both a certified land surveyor and practicing engineer. John Simons commented on his position in this matter. He said that it was difficult for him, not being in favor of the proposed. He said that the rules apply to individuals as well as developers and he stated that this falls just out side the scope of what was intended in the Bylaw and asked that this be considered. George Rand, attorney representing Mr. Olenio, wanted the bond in the form of a Tri-Party Agreement. A motion was made to close the public hearing on 296 Salem Street, Olenio. The motion was seconded by John Draper and voted unanimously by the Board. A second motion was made by Erich Nitzsche to approve the Special Permit for the Olenios, 296 Salem Street in accordance with the draft decision as amended. The motion was seconded by John Draper. In favor of the motion were Erich Nitzsche, John Draper and Jack Graham. John Simons was opposed. The Chairman voted in favor of the motion. 318 Salem Street - Special Permit - Common Driveway John Simons read a letter from the Fire Chief. George Perna stated that this Special Permit is before the Planning Board at the Board's request. Christian Huntress, Town Planner, gave the Board copies of a draft decision. Erich Nitzsche asked that under the Special Conditions the following be added: 1. add "encased in cement." The Form A Plan be filed along with the easement documents. A motion was made by Erich Nitzsche to close the public hearing on the Special Permit for a Common Driveway for 318 Salem Street. The motion was seconded by John Simons and voted unanimously by the Board. Erich Nitzsche made a second motion to approve the Special Permit for a Common Driveway on Lot A and B, in accordance with the draft decision as amended. The motion was seconded by John Draper and voted unanimously by the Board. Johnston Country Store - Site Plan Review/Repetitive Petition John Simons read a letter from Christian Huntress, Town Planner, to Mr. Bain. A letter was received from Mr. Bain answering the concerns of the Board. George Perna asked what the setback was from the street. Huntress stated the setback was 52.5 feet. Chris The Board reviewed the letter from Mr. Bain. The Chairman asked for comments. John Simons stated that the only issue in the reason for denial from the Board of Appeals that had been addressed or that there was a change in was the first reason. The Board of Appeals now has input from the State. There were no other changes in the application before the Board. George Perna asked Chris if there was anything he wanted to add. Chris stated that he had drafted decisions for which ever way the Board voted to vote. George Perna asked Mr. Bain if there was a possibility of connecting to the abutting property, such as a roadway. Erich Nitzsche suggested a walkway. The Board reviewed the old plans in comparison to the new plans. Mr. Bain stated that the original plans had an entrance and an exit. The new plans showed one curb-cut. A motion was made by Erich Nitzsche to close the public hearing on the Repetitive Petition. The motion was seconded by John Simons and voted unanimously by the Board. A second motion was made By Erich Nitzsche that the Board find that there has been substantial changes in the Site Plan and that the Board vote to approve the reconsideration. There was no second. John Simons offered another motion that the Board votes unfavorable action on the Repetitive Petition in this matter, relating to Johnston Country Store Application for Repetitive Petition. The motion was seconded by John Draper. John Simons withdrew his motion and John Draper withdrew his second. Jack Graham seconded Erich motion to approve the reconsideration. The Chairman asked for a vote. Erich Nitzsche and Jack Graham voted in favor of the reconsidering the application. John Simons and John Draper opposed the reconsideration. The Chairman voted in favor of the reconsideration. The motion did not carry. The application for Repetitive Petition was denied. A motion was made by Erich Nitzsche to close the public hearing on the Site Plan Review for Johnston Country Store. The motion was seconded by John Simons and voted unanimously by the Board. Christian Huntress, Town Planner, gave the Board members copies of a draft decision for denial on the Site Plan Review for Johnston Country Store. The Board reviewed the decision. John Simons asked that number 2 of the Outstanding Issues stated that the proposed does not conform to the Zoning Bylaw requirements more specifically Table 2 and stated the reasons. A motion was made by John Simons to deny the Site Plan Review for Johnston Country Store for the reasons delineated in the written decision plus as amended by verbal conservation, adding that the application does not conform to Zoning. The motion was seconded by John Draper. George Perna stated that there were very few reasons why a Site Plan Review can be denied. Site Plan Review is a review and should be conditioned. In this case the applicant has not received the necessary variances approved because of the Repetitive Petition being denied. On that, the Chairman asked for a vote. The Board voted unanimously to deny the Site Plan Review. Jack Graham left the meeting at approximately 9:30 p.m. Discussions Edgewood Life Care Christian Huntress told the Board that Town Counsel has reviewed the Conservation Easements for Edgewood Life Care and has approved them. A motion was made by John Simons to accept the Conservation Easement for Edgewood Life Care. The motion was seconded by Erich Nitzsche and vote unanimously by those present. Chestnut Street - Common Driveways Christian Huntress, Town Planner, told the Board that the case has been remanded by the court. The Board has to direct Town Counsel to enter into Settlement of Judgement. Ben Osgood, Jr. was present. George Perna asked that one lot be removed. The Board ask that Town Counsel be contacted for their options. Fuller Farm John Simons read a letter from Paula Barrett into the record. Mr. Chris Huntress April 30, 1990 Planning Board North Andover, MA Dear Chris, Per our telephone conversation last week I am writing to you to request that the issue concerning finishing the top coat of the cul-de-sac on Fuller Meadow Road be placed on the next earliest agenda of the next Planning Board meeting. Not much progress has taken place over the last 2 years concerning the taking of the $10,OO0 bond by the Town to finish the circle. Please notify me when you have a date so I can notify my neighbors who will most likely be in attendance also. Thank you again, Paula Barrett 27 Fuller Meadow Road North Andover, MA 01845 A letter was also received and read from Bill Hmurciak, D.P.W. The Board wants the developer brought in for the next Planning Board meeting. The item is to be placed on the July 12, 1990 agenda for pulling the bond. The Board asked that Chris send a letter to the developer. Bob Barrett, 27 Fuller Meadow Road, stated that originally a $2~,000 was to be posted, now there is only $10,000. Chris was asked by the Board to get prices from Bill Hmurciak, D.P.W. on the work that is remaining. Approval Not Required Form A Plans Great Pond Road - Changing Lot Lines A Motion was made by Erich Nitzsche to deny the Form A Plans dated June 5, 1990 because it is a subdivision. He asked that Town Counsel be contacted for an opinion. The filing fee will be waived on the next submission. The motion was seconded by John Draper and voted unanimously by those present. Erich Nitzsche left the meeting due to illness. Bond Release Sideri Place John Simons read a letter from Joseph Cushing, of Richard F. Kaminski Associates. The applicant is requesting that $5,000 being held for erosion control be released by the Planning Board. Christian Huntress, Town Planner, stated that he has spoken to Bill Hmurciak, D.P.W. and Bill asked that nothing be released at this time. Christian Huntress asked that the $5,000 bond being held for erosion control now be held for continued maintenance and operation, roll over the amount being held for erosion control. A motion was made by John Simons to roll over the bond being held for erosion control and hold for continued maintenance and operation until the road is accepted by the Town. The motion was seconded by John Draper and voted unanimously by those present. Lot Release Ann Road - Sideri Place A motion was made by John Simons to release Lots 1, 2 and 3 for Sideri Place. The motion was seconded by John Draper and voted unanimously by those present. Minutes May 17, 1990 & June 7, 1990 A motion was made by John Draper to approve the minutes of May 17, 1990 and June 7, 1990. The motion was seconded by John Simons and voted unanimously by those present. The Chairman asked for a roll call voted to go into Executive Session to discuss Mifflin v. Z.B.A. A motion was made by John Simons to go into Executive Session to discuss Mifflin v. Z.B.A. The motion was seconded by John Draper and on a roll call vote: John Simons - Yes John Draper Yes George Perna - Yes the Board went into Executive Session. The Chairman stated that upon completion of the Executive Session the Board would reconvene the public hearing and adjourn the meeting. A motion was made by John Draper to come out of Executive Session. The motion was seconded by John Simons and on a roll call vote: John Simons - Yes John Draper - Yes George Perna - Yes the Planning Board came out of Executive Session at 10:35 p.m. A motion was made by John Draper to adjourn the meeting. The motion was seconded by John Simons and voted unanimously by those present. The meeting adjourned at 10~35 p.m. George Perna, Jr., Chairman ~et L. ~,ato~, Secretary