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HomeMy WebLinkAbout1990-07-12The North Andover Planning Board held a regular meeting on July 12, 1990, in the Town Hall, Selectmen's Meeting Room. The meeting was called to order by Chairman, George Perna, Jr. Also present were Erich Nitzsche and Joseph Mahoney. Joseph Mahoney is the Board's newest member, replacing Jack Graham. Due to the lack of a quorum the Board could not hear any of the public hearings. Public Hearings Angus Realty Trust Erich Nitzsche read the legal notice to open the public hearing. A motion was made by Erich Nitzsche to continue the public hearing to July 19, 1990. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Lot 25 Great Pond Road - Special Permit - Watershed District Erich Nitzsche read the legal notice to open the public hearing. A motion was made by Erich Nitzsche to continue the public hearing to July 19, 1990. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Lot 28 Great Pond Road - Special Permit - Watershed District Erich Nitzsche read the legal notice to open the public hearing. A motion was made by Erich Nitzsche to continue the public hearing to July 19, 1990. The motion was seconded by Joseph Mahoney and voted unanimously by those present. First Calvery Baptist Church - Site Plan Review Christian Huntress, Town Planner, stated that the applicant has submitted a traffic study. George Perna asked Chris Huntress to draft a decision. A motion was made by Erich Nitzsche to continue the public hearing to July 19, 1990, and direct Chris Huntress to review the traffic study and draft a decision. George Perna asked Chris to added to the decision that screening will be reviewed upon completion of the project and may be added if necessary. The motion was seconded by Joseph Mahoney and voted unanimously by those present. 138 High Street - Special Permit - Congregate Housing Erich Nitzsche read a letter from the attorney representing the applicant, requesting an extension to July 26, 1990 on continuing the public hearing. A motion was made by Erich Nitzsche to accept the extension to July 26, 1990 for continuing the public hearing. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Decisions 203 Turnpike Street - Site Plan Review Christian Huntress, Town Planner, gave the Board copies of a draft decision, adding to the draft, the concerns of the Division of Public Works. The Board will review the draft and vote on it at the next meeting, July 19, 1990. Approval Not Required Form A Plans Great Pond Road - F. Horne A motion was made by Erich Nitzsche to endorse a Plan of Land in North Andover being a subdivision of Lots 17, 18 and 19 dated June 5, 1990; prepared by Andover Consultants, Inc., showing Lots 25, 26, 27, 28, 24, and 29, with a notation that Lot 29 is not a buildable lot as a Not Approval Subdivision Plan, approval under the Subdivision Control Law Not Required. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Salem Street - Olenio A motion was made by Erich Nitzsche to endorse a Plan of Land in North Andover, MA, prepared for Robert A. and Kathleen T. Olenio, date May 3, 1990, prepared by Thomas E. Neve Associates, Inc., showing Lots 1 and 2 at the intersection of Salem Street and Marbleridge Road as a Non Approval Not Required Under the Subdivision Control Law. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Osqood Street -Alco Electronics Clarification of owner/applicant, if two separate owners, need additional signature. A motion was made by Erich Nitzsche to deny a Plan of Land in North Andover, MA., prepared for Lawrence Alco Realty Trust and Alco Electronic Products, Inc., dated May 1, 1990, prepared by Christiansen and Sergi, showing Lots A and B on the East side of Osgood Street, as an Approval Not Required Plan, on the basis that the Board has determined that it is a subdivision because it is unclear who is the owner of Lot A or Lot B and what is the clarity of Parcel 1 which is being created. The motion was seconded by Joseph Mahoney and voted unanimously by those present. A second motion was made by Erich Nitzsche that the applicant be allowed to withdraw the plan without prejudice and make the correction as directed and resubmit the plans without prejudice and the Planning Board will waive the filing fee. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Osqood Street - Rogers Property, Edgewood Farm The Board requested that the following note be placed on the plans~ "parcel B and C not buildable lots in and by themselves and are to be combined in ownership with other land" A motion was made by Erich Nitzsche to endorse a Plan of Land in North Andover, MA., owned by Samuel S. Roger and Michael L. Kettenbach, date June 7, 1990 as prepared by Robert M. Gill and Associates, Inc., showing Parcels A, B, C, and Lot 2A as an approval not required under the Subdivision Control Law, subject to the applicant endorsing on the plan in bold type, "Parcels B and C are not building lots in and by themselves and are to be combined in ownership with other land and that Lot 7 as shown on the plan be broken as not to show a complete enclosed lot. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Sign Plans Watts regulator Plan to be signed on July 19, 1990. Bond Release Breckenridqe Erich Nitzsche read a letter from Kenneth DiRaffael. Also read was a letter from the Division of Public Works. Erich Nitzsche to review the As-Built Plans. The item will be placed on the July 19, 1990 agenda. Discussions Whippoorwill Park - Preliminary Plans Rosemont - Extension on Special Permit Fuller Farm - Bond The above discussions on the July 12, 1990 agenda will be discussed on July 19, 1990. Discussion Watershed Meetinqs Christian Huntress gave the Board copies of the Watershed Meeting. He asked the Board to review. Minutes June 28, 1990 No action taken on the minutes. Item to be placed on the July 19, 1990 meeting. A motion was made by Erich Nitzsche to adjourn the meeting, the motion was seconded by Joseph Mahoney and voted unanimously by those present. The Planning Board adjourned the meeting at 9:03 p.m. George Perna, Jr., Chairman ~Ja~t L. Eat~, Secretary Due to the lack of a quorum on July 12, 1990, the North Andover Planning held a meeting on Thursday evening, July 19, 1990, in the Town Hall, Selectmen's meeting Room. The meeting was called to order at approximately 8~10 p.m. by George Perna, Chairman. Also present were John Draper, Joseph Mahoney and Robert Ercolini. The Chairman asked John Draper to act as clerk, as John Simons was not present until 10:05 p.m. John Draper read a letter of resignation from Erich Nltzsche as a member of the Planning Board, effective immediately. Mr. Draper suggested a letter of thanks be sent to Erich. Robert Ercolini suggested a plaque be order for Erich in recognition for his service to the Town. Robert Ercolini has been appointed by the Town Manager to fill the vacancy created by the resignation of Erich Nitzsche. The appointment is effective immediately and will terminate September 30, 1990. Robert Ercolini has been briefed on the applications before the Board and files have been made available to him for review. Public Hearinqs Anqus Realty Trust - Special Permit Christian Huntress, Town Planner, went over the application before the Board. The detention pond is the issue. Drainage calculations have been reviewed by Bill Hmurciak from the Division of Public Works. Tony Lally, Lally Engineers, presented the Board with the plans for the detention pond. The detention pond has been designed to capture flows that would be in excess of those which normally occur in the area. Calculations presented were for storm events up to and including 1OO year event. Run-off will not be increased. Christian Huntress asked Mr. Lally to show the Board the 250 foot line from the lake. The following question were raised~ 1. What year storm event triggers use of the detention pond? Mr. Lally stated that there would be water in the detention pond from a 10 year storm event. 2. Where does the water go from the detention pond? A pipe is to installed from the detention pond and will run down Clark Street to Borden Chemical, ultimately draining into the Merrimack River. 3. How would the pond be maintained? The area would be mowed occasionally to keep control. Christian Huntress asked that a grate be placed at the end of the pipe. Frank Ragonese, an abutter, asked about the pipe running across Route 125. Mr. Lally stated that the pipe would be three or four feet deep, Sloping down. Mr. Ragonese asked about an easement from Borden Chemical. Thomas Caffrey, attorney for the applicant, will supply the Board with a copy of the easement. A motion was made by John Draper to close the public hearing on the Proposed Plan for the Butcher Boy Mall, Angus Realty Corp., dated May 1989, Revised February 2, 1990, and direct staff to draft conditions. The motion was seconded by Robert Ercolini and voted unanimously by those present. Lot 25 Great Pond Road - Special Permit Watershed District Lot 28 Great Pond Road - Special Permit Watershed District Christian Huntress, Town Planner, briefed the Board on the application. The public hearing was opened at the last meeting and continued to this evening. The applicant is proposing a septic system within 325' of the Non-discharge Zone of the Watershed. Chris Huntress stated that he has met with I.E.P., the people who originally drafted the Watershed Bylaw, and the intent of the Bylaw was for the lake and the major tributaries to the lake. Anything with the 325' of the lake will require a variance from the Board of Health. Peter Richardson and Joseph Cushing of Richard F. Kaminski Associates, Vincent Turano, private consultant and Fred Horne, the applicant, were all present. Peter Richardson gave an overall view of both Lot 25 and Lot 28. Located on both side of 1046 Great Pond Road, the applicant is proposing a single family dwelling for each lot. The area is serviced by town water but not sewer. The applicant has filed a Notice of Intent with the Conservation Commission. The work that is being done is within 325 feet of the vegetated wetlands, but more than 325 feet from the lake. Robert Ercolini asked about perk tests that were done and commented on the possibility of ledges being present. Peter Richardson stated that the tests were witnessed by the Board of Health and there were no ledges were the tests were conducted. George Perna asked that a dry sewer be installed for the possible connection to a sewer when it becomes available. The applicant is going before the Conservation Commission next week for grading that will be done in the buffer zone of a bordering vegetated wetland. Robert Ercolinl asked if the system was designed for a four bedroom home. He also asked if the system would hold a five bedroom home. Peter Richardson stated that the system was designed for a four bedroom home and would have to be redesigned to handle a five bedroom home. The present design would not be large enough. A question was brought up about a Special Permit for building the house as there is surface storm water run-off from the structure. Christian Huntress will check with Town Counsel. he said that if it was listed for a Special Permit for the non-discharge zone, it would be covered. George Perna asked if this was the first such Special Permit the Board had seen. Christian stated that there was one other, 318 Salem Street, but the Board conditioned that approval with the applicant tying into a sewer. Vincent Turano, private consultant, presented calculations of nitrates, phosphorus and sodium. The results of perk tests, soil samples and data from the Soil Conservation Service, who did studies on the area where used in his calculations. A technical discussion took place on Mr. Turano's presentation. Lot 25 will be conditioned that fertilizers will not be used within a no-cut buffer zone. The Board asked Mr. Turano for copies of the report that was done on phosphorus. A plan was drawn up for Lot 28, showing were the lawn would be located. The Board discussed nitrates and ground water and the effects of them together. Christian asked if there were certain organic fertilizers that could be used. Mr, Turano said that any fertilizers that have nitrogen in them, the nitrogen will oxidize and form nitrates. Robert Ercolini asked about on-site treatment and its costs. Mr. Turano said at the present time it is not cost effective. The Board discussed the construction of a sewer down Great Pond Road. Christian suggested that a dry sewer be installed at the present time for the future hook up to a sewer. It was also suggested that the septic system be inspected periodically and pumped regularly. George Perna asked Christian Huntress to draft a letter to the applicant listing the concerns of the Board. Copies will also be sent to the Conservation Commission and the Board of Health. Mark DiSalvo, 1011 Great Pond Road, spoke for himself and Elizabeth Sullivan, 1027 Great Pond Road, commending Mr. Horne for the sensitivity he has shown to the neighbors with regard to Lot 28, in the placement of the home and driveway. Robert Ercolini expressed his concerns about the perk tests and septic system design. He suggested that an independent review be done on the proposed special permits. The Board discussed the approval process, in conjunction with the Board of Health, in great length. The Board will have the Board of Health's agent review the plans thoroughly. Joseph Cushing, Richard F. Kaminski Associates, spoke on septic systems that fail. A motion was made by John Draper to continue the public hearing on Lot 25 Great Pond Road and Lot 28 Great Pond Road to the first meeting in August and direct staff to send a letter to the applicant. The motion was seconded by Robert Ercolini and voted unanimously by those present. John Simons arrived at 10~O5 p.m. First Calver¥ Baptist Church - Site Plan Revie~ Christian Huntress, Town Planner, brought the Board up to date on the application before them. A letter was sent to the applicant listing the concerns of the Board. John Simons read that letter to the Board. A traffic study was requested and has been submitted for review. Robert Brooks, traffic engineer, was present. A lengthy discussion took place on how the study was done and what levels are acceptable by the State. Members of the Board expressed their concerns about cars parking in the street, site distances and traffic. No parking signs will be placed on both side of the street. A motion was made by John Simons to close the public hearing and direct staff to draft a decision for July 26, 1990. The motion was seconded by John Draper and voted unanimously by those present. Decisions 203 Turnpike Street - Site Plan Revieu Christian Huntress, Town Planner asked the Board for comments on the draft decision. A motion was made by John Simons to approve the Site Plan Review for 203 Turnpike Street as written. The motion was seconded by John Draper and voted unanimously by those present. Discussions Whippoorwill Park - Preliminary Subdivision Thomas E. Neve, Thomas E. Neve Associates, explained to the Board where the proposed was located. The parcel being developed is located at Scott Circle. He gave a brief history of what now is a one lot subdivision. The previous owner waived the construction of the roadway because it was not feasible at the time. The present owners wish to develop the property and are before the Board for that reason. Because the application before the Board was part of an approved one lot subdivision their were issue that have to be addressed. An easement shown on the original plans was never recorded, but the plans were recorded. A lengthy discussion took place on the proposed subdivision and the subdivision that was previously approved. Tom Neve wants to rescind the previously approved plans. A decision will be drafted. A motion was made by John Simons to accept an extension to August 16, 1990 and direct staff to prepare a decision. The motion was seconded by John Draper and voted unanimously by those present. Rosemont - Parthenon Development Extension A motion was made by John Draper to grant a one year extension to Parthenon Development for the construction of Rosemont. The motion was seconded by John Simons and voted unanimously by those present. Fuller Farm - Pull Bond Fuller Farm discussion was tabled. Chestnut Street - Common Driveway Benjamin Osgood, Jr. presented the Board with new plans in accordance with the judges order. The Board will review options and contact Town Counsel. Bond Release Breckenridqe Subdivision A motion was made by John Draper to release all but $1,500 for contract maintenance and operations until roadway is acceptable. The motion was seconded by John Simons and voted unanimously by those present. Minutes June 28, 1990 A motion was made by John Simons to approve the minutes as written. The motion was seconded by John Draper and voted unanimously by those voting. Joseph Mahoney and Robert Ercolini abstained as neither one was a member of the Planning Board at that time. A motion was made by John Simons to adjourn the meeting. The motion was seconded by Joseph Mahoney and voted unanimously by those present. The meeting adjourned at 12~15 a.m. George Perna, Jr., Chairman ~anet L. Eaton, Secretary