HomeMy WebLinkAbout1990-07-26The North Andover Planning Board held a regular meeting on July 26,
1990 in the Town Hall, Selectmen's Meeting Room. The meeting was
called to order at 8s15 p.m. by the Chairman, George Perna. Also
present were John Draper, Joseph Mahoney and Robert Ercolini. John
Simons arrived at 9s55 p.m.
George Perna asked John Draper to act as clerk until John Simons
arrived.
Public Hearinqs
138 High Street - Special Permit Conqreqate Elderly Housinq
John Draper read the following letter inho the record.
June 8, 1990
Mr. Joseph Borgesi
JJB Associates, Inc.
145 Marston Street
Lawrence, MA 01841
re; Pitochelli, Congregate Elderly Housing
Dear Mr. Borgesi,
I would first like to thank you for appearing before the Planning
Board at their regularly scheduled meeting on June 7, 1990. At
that meeting the Planning Board had the following comments with
regard to the above referenced project~
What material do you plan to use in construction of the
proposed structure·
What is the maximum number of resident you would expect to be
residing in this dwelling at any one time.
The Board would like to see the floor plan of the proposed
structure.
Are any signs to be located either on the property or on the
site. If so, what is the proposed material and construction
of those signs·
Where do you plan to locate a dumpster on this property and
how do you plan to screen this dumpster from the proposed
facility and residential abutters.
Are you proposing sidewalks in and out of this site. If not,
how do you expect residents to access the street.
A detailed landscape plan shall be submitted. This plan shall
show size, type and quantity of any proposed trees or shrubs.
This plan shall be prepared and stamped by a Registered
Landscape Architect.
The Board is concerned that the proposed 20' width of the
driveway will not be sufficient to provide access to this
site. A 22'-24' width may be more appropriate.
The width of the buffer between your proposed structure and
the residential abutters is only ten (10} feet. This buffer
should be enlarged so as to provide a better screen to
adjacent properties.
Prec. Tests should be conducted on site to show the rate of
ground water recharge on this site, if this has already been
done board would like to see the result of those tests.
11. Berms should be provided along all parking and driveway areas
so as to control increased runoff. Also, catch basins should
be provided in the parking areas. These basins could be
designed as leach pits, please submit construction details to
my office prior to the next public hearing.
12. Please submit construction details of all lighting and the
proposed precast grass blocks on the south side of the
property.
13.
Roof drains shall be installed. These drains shall flow into
a leach pit of a minimum of 1000 gallons in size with 1.5"
stone to a depth of 24".
14. The grassed areas on the western side of the property shall
designated as potential parking. The only landscaping allowed
in those locations shall be loam and seed. This should not
reduce the amount of material used as buffer and screening to
adjacent properties.
The Board has continued the public hearing with regard to this
project to their June 21, 1990 meeting. Please address as many of
these concerns as possible.
As always, please feel free to contact my office with any questions
or concerns.
Sincerely,
Christian C. Huntress
Town Planner
cc~ Planning Board
Karen H.P. Nelson, Director DPCD
Michael Stella spoke in behalf of Ms Pitochelli. Also present was
Joseph Borgesi and Robert Chellis.
Robert Chellis spoke on the need for congregate elderly housing in
North Andover. The proposed will have a van service for the
elderly to do their shopping. Provisions will be made for the
residents to have a meal a day and housekeeping done. Traffic will
be at a minimum.
George Perna asked that the fourteen items be addressed.
Joseph Borgesi addressed the following issues~
1. Material - wood frame with cedar clapboard exterior, with
asphalt shingles - interior - sheetrock
2. Maximum number of residents would be 20.
Floor Plans - Joe Borgesi showed the Board a floor plan.
Units will be 20x24, studio type.
4. Signs - Hone are proposed for the project.
5. Location of the dumpster - Back corner
6. Sidewalks - Proposed sidewalk shown on plans
Items 7, 8 and 9 will be addressed by the landscape architect.
10. Perc. Tests - The rate was 6 minutes
11.
Berm - Shown on plans around the hottop area - running off to
basins. Hr Borgesi showed the Board were on the plans the
leaching basins were located.
12. Construction Details - Included on the last page of the plans.
Plans for the proposed lighting were shown to the Board.
Priscilla Randall, landscape architect, spoke on the landscaping of
the property, addressing item number 7, 8 and 9. The two large
street trees as well as a large oak tree will be saved. The saving
of other trees on the site will depend on the width of the access
for the fire department.
The type of plantings that will be used was discussed.
Ellen Lundquist, 163 High Street, asked about the street trees and
the condition they appear to be in. Ms. Randall stated that she
has looked at both trees and maybe pruning will help the situation.
Leonard Provost, 157 High Street, spoke on the access to the
proposed pro~ect. With a wider access, more trees will be lost.
He wanted to know where the Board stood on the issue of a wider
access or saving more trees. Christian Huntress, Town Planner
stated that the end result would be from the Fire Department's
recommendations.
The access to the proposed was discussed in great length.
Gayle Apkarian, 154 High Street, questioned if any trees would be
removed would there be additional landscaping provided. Ms.
Randall said there would be additional landscaping but at the
present time was not sure what type. Ms. Apkarian mentioned the
possibility of a garbage truck entering the site or other large
vehicles and expressed her concerns with the amount of traffic that
would be generated.
John Draper expressed his feeling about the size of the proposed
structure and the size of the lot.
Mary Windle, 118 High Street, expressed her concerns about the
driveway be in line with Furber Avenue. Joseph Borgesi stated that
if the driveway was further down the road there would indeed be a
problem.
George Perna asked what age group would be living at the site. Mr.
Chellis stated that people in their eighties would be residents.
George Perna stated that people in their eighties usually have
medical problems and that this facility was not equipped as a
medical facility. He went on to say that Independently Elderly
Housing was not designed for people in their eighties.
A discussion took place on the Bylaw written for Independent
Elderly Housing as it relates to the age group that would be
interested in such a project. Views differed.
May Windle, 118 High Street, stated that if the proposed was for 55
year old people the units should be larger.
George Perna asked the applicant, Debbie Pitochelli, how she would
deal with additional cars on the site. Ms. Pitochelli stated that
there are 14 units proposed and 18 parking spaces provided. Mr.
Chellis anticipated the addition of only one or two cars. Ms.
Pitochelli stated that she had visited other sites and feels there
would not be a problem with the spaces that she has provided.
Staff has been limited. A part-time on-site manager will be
available for to residents to coordinate appointments and the like.
A grounds person will be on-site for mowing lawns and snow removal.
One meal will be provided for the residents. With the services
that are provided, at any one point there will be no more than four
vehicles for staff.
Robert Ercolini asked for comparable projects, similar in size of
units and parcel, to that which is proposed. Mr. Chellis will
provide the information at the next meeting.
Mary Windle, 118 High Street, stated by looking at the plans it
looks like a shopping mall in a residential neighborhood.
A curb will be installed in front of the house.
Referrals for the units will come from the Merrimack Valley Elder
Services. Units will be rented.
Mr. Stella asked that the number of residents with cars be limited.
John Draper expressed his concerns on parking and the scale of the
proposed. Ms. Pitochelli responded to Mr. Draper's concern by
citing the size of the parcel, being almost three times larger than
what is required for fourteen units.
Robert Ercolini expressed his concerns with the size of the
proposed and the economics of the proposed. He also asked who
would be operating the facility. Ms Pitochelli stated that she
would be running the facility and has the experience. Other issues
that were of concern were the side setbacks, dimensions of the
trees on the landscape, and trash removal and its impact to the
neighborhood. Mr. Ercolini questioned the kitchen facility. Ms.
Pitochelli stated that there would be kitchenettes in each unit.
Mr. Ercolini further stated that the size of the proposed was too
large for the area.
Joseph Mahoney stated that he shares the same feeling with the size
of the structure and the context of the neighborhood in which it is
to be located.
George Perna summarized what the Board was looking for,
1. Front elevations, looking both ways, from the building up
the driveway and from the driveway to the building, with
landscaping.
2. Something in writing on the parking restrictions to be
put into the deed.
3. A stop sign at the end of the driveway.
4. What the curb in the street would look like.
5. More detail in the landscaping.
6. More detailed list of the outside services and frequency
of those outside services, i.e. trash removal, meals on
wheels, etc.
7. Addressing the size of the building.
8. Cost of the units
9. Detailed lighting plan
A motion was made by Robert Brcolini to continue the public hearing
and direct staff to write a letter outlining the itmms discussed
prior to the next meeting of August 7, 1990. The motion was
seconded by John Draper and voted unanimously by those present.
John Simons arrived at 9055 p.m.
Decisions
Anqus Realty Corp.
Christian Huntress, Town Planner, gave the Board copies of a draft
conditional approval for a Special Permit in the Watershed District
for Angus Realty Corp.
The first 12 conditions are boiler plate conditions. From condition
13 on are new conditions, some are part of the conditions for the
settlement.
Condition #15 was amended by adding~
"if the detention pond is found to have standing water or left
in unsightly condition, it shall be maintained"
Condition #17 was amended by adding,
"that the applicant will maintain the easement per the
Conservation Commission on Borden Chemical.
A motion was made by Robert Ercolini that the Board approve the
statement drafted by staff with the respect to the attached letter,
in its entirety, with modifications discussed with respect to
Condition #15 and Condition #17 with respect to maintaining the
easement with Borden Chemical per Conservation requirements and
that the appropriate date be inserted in Condition #16, that date
being May 1, 1990. The motion was seconded by John Draper and
voted unanimously by those present.
First Calverv Baptist Church - Site Plan Review
Christian Huntress, Town Planner, gave the Board copies of a draft
decision. Chris stated that he had received a letter from the
Division of Public Works and would like to add a condition
regarding the road crossing,
"any crossing over the Atkinson School will be approved by the
D.P.W.
George Perna stated that he had spoken to a member of the School
Committee and was told that the paved area in the school yard was
for play. The pavement is very thin.
George Perna asked that if the School Committee does not approve
the access crossing what could be done to move the entrance, to be
more in line to the area that would be allowed.
The Board would like to have an entrance onto the school property
for the cars. The Board cannot tell the School Committee that it
is going to happen, the applicant has to go before the School
Committee and meet their requirements. If the applicant does not
get an approval they have to come before the Planning Board with
new plans.
The Board changed Condition #13 to,
"the lighting must be approved of by the Planning Board and
will be reviewed after construction"
John Simons asked that the trees to be saved will be tagged.
Christian Huntress added to the draft~
"Final choice of exterior material shall be approved by the
Town Planner. Any major changes shall be resubmitted to the
Planning Board for approval.
John Draper questioned "no parking" signs along the street.
Christian added,
"No parking shall be allowed in the street if signs are not
already there to that end, they shall be installed."
Robert Ercolini questioned Condition #18 on the wording. Chris
stated that he a condition that should be attached,
"If approvals are not received by the School Department, the
applicant shall submit plans to the Planning Board for
approval.
Robert Ercolini added to Condition #19~
"The applicant shall supply documents to be reviewed by the
Planning Board, the School Committee and Town Counsel for all
parties.
A motion was made by Robert Ercolini to approve the Site Plan
Review with the conditions stated and amendments made. The motion
was seconded by Joseph Mahoney and voted unanimously by those
present.
Approvals Not Required Form A Plans
Forest Street - J. Willis
A motion was made by Joseph Mahoney to approve the Form A Plans.
The motion was seconded by John Simons and voted unanimously by
those present.
Chestnut Street - Phelan
The plan went before the Zoning Board of Appeals and got approval
when the applicant went to record the plans the Registry of Deeds
asked that the plans be signed off by the Planning Board as there
was a block for their signature.
A motion was made by John Simons and seconded by John Draper to
sign the plans before them and voted unanimously by those present.
Foulds Terrace - Murphy
Foulds Terrace is a private way. The applicant needs proof of
being able to access the property. An easement is needed. The
private way is owned by the North Andover Housing Authority. The
issue will be taken up on August 7, 1990.
Whippoorwill Preliminary Subdivision
Christian Huntress, Town Planner, received a letter from Thomas E.
Neve with a history of the project. Copies were given to the Board
for review. The deadline on this application is August 5, 1990.
A motion was made by Robert Ercolini to grant an extension subject
to the proper forms being in order and accept the letter from
Thomas Neve, to be placed in the file, a copy of which will be sent
to Town Counsel for review. The motion was seconded by Joseph
Mahoney and voted unanimously by those present.
Discussions
Anqus Realty Corp.
Christian Huntress, Town Planner, stated that the applicant was
denied a Special Permit at a public hearing and appealed the
decision. There is a legal issue, the Board approved the special
permit at a public meeting. Abutter were not present.
Thomas Caffrey, attorney for the applicant, requested that the item
be placed on the agenda for Site Plan Review in the near future.
Christian Huntress to check with Town Counsel on the legal matters
of the Site Plan Review.
SanLau - Nessina's - Retaining #all
Ann Messina spoke to the Board on the situation of the retaining
wall. The lending institutes
surveyed and appraised.
The Board wants a time table.
winter.
are requesting that the land be
They want the work done before the
A discussion to place on the finances. Mr. Messina has letters
from banks he has applied to for the loan to do the project.
The Board wants to know the progress on the situation at their next
meeting. The Board expressed their willingness to grant a 60 day
extension.
A motion was made by John Simons to grant a 60 day extension with
the problem solved by November 30, 1990. The motion was seconded
by John Draper and voted unanimously by those present.
Waqon #heels - Requestinq an Extension
Christian Huntress stated that the subdivision got Planning Board
approval in 1988. One of the conditions was that the applicant
start construction within two years. The applicant is requesting
a one year extension on that condition.
A discussion took place on extending the time and why was the time
frame set.
A modification may be needed.
John Draper spoke on legal issues of the time frame having elapsed.
Christian Huntress will check with Town Counsel on procedures. The
Board will determine if they want to extend the time.
A motion was made by Robert Ercolini to have staff review the plans
for what issues are appropriate to deal with, as well as
determining the appropriate procedures. The motion was seconded by
Joseph Mahoney and voted unanimously by those present.
Reschedule Planninq Board Heetinqs
A brief discussion took place on rescheduling the Planning Board
Meetings.
A motion was made by Robert Ercolini to reschedule for August only,
to meet on the 7th and the 28th at 7~00 p.m. The motion was
seconded by John Simons and voted unanimously by those present.
Lot Release - Lot 4 Coventry II
Joseph Mahoney left the meeting during this matter.
A motion was made by John Simons to release Lot 4, Coventry II.
The motion was seconded by John Draper and voted unanimously by
those present.
Joseph Mahoney returned to the meeting.
Authorized Siqnatures
A motion was made by Robert Ercolini to authorize George Perna,
John Simons and John Draper as members who sign plans to be
recorded in the Registry of Deeds and Land Court. The motion was
seconded by Joseph Mahoney and voted unanimously by those present.
Minutes
June 28, 1990
July 12, 1990
A motion was made by John Draper to accept the minutes of June 28
and July 12, 1990 as written. The motion was seconded by John
Simons and voted unanimously by those voting. Abstaining were
Robert Ercolini and Joseph Mahoney.
Discussion
Chestnut Street - Common Driveways
Robert Ercolini left the meeting during the discussion.
Benjamin Osgood was present to discuss the Chestnut Street Common
Driveways.
George Perna stated that the Board still feels that it is a
subdivision.
Christian Huntress stated that the court has ruled that it is not
a subdivision.
Ben Osgood read from the courts remand to the Planning Board. Five
months ago the order came down from the court. Mr. Osgood is
looking for a date for a decision.
A heated discussion to place on the interpretation of reason
conditions.
Mr. Osgood stated that there were two choices,
1. Approve the plan with the four driveways entrances which
in contrary to the Conservation Commission; or
2. Approve the plan as submitted with reasonable conditions.
Those plans were resubmitted two months ago.
The Board took several minutes to review the remand.
Joseph Mahone¥ stated that as a matter of law, the Planning Board
lost. After reading the remand the Judge has found the following~
1. It is not a subdivision
2. The second decision is wrong
3. Remanding it back to the Planning Board for reasonable
conditions.
George Perna asked if the Board could direct staff to draw up
conditions for the next meeting. John Draper asked that the plans
be reviewed by the Fire Department for the safety issues.
Another heated discussion took place on plans that were submitted
and the reviewing of those plans.
There are two sets of plans that the Board has to consider. One is
with one driveway entering the property, the other is with four
driveways entering the property. The Board favors the one driveway
entering the property.
The Board will have an approval with reasonable conditions. Ben
Osgood stated that a 20 foot driveway is not a reasonable
condition.
A motion was made by John Simons to take the matter up at the next
meeting and render a decision, at least have all the necessary
conditions to review. The motion was seconded by John Draper and
voted unanimously by those present.
Issues
Robert Ercolini raised some issues
planners.
Some of those issues identified were~
that should be reviewed as
Resolution of Route 114 -policy - zoning
Creation of downtown district - Master Plan
Route 125 - Look at zoning - VPW area - Main Street/Route
125 area
Schedule some time for staff to deal with the macro
approach to planning for the Town of North Andover.
George Perna stated that there was a fourth area to be considered,
cross corridor from Route 114. Joseph Mahoney added, the Lawrence
Municipal Airport and the G.L.S.D. area be studied.
George Perna suggested setting up committees for each of the issues
and ask for volunteers from the community to work with the Board.
Advertising for volunteers.
Robert Ercolini asked that the issues be identified clearly and
look for input. Possibly getting funding from the business
community.
Robert Ercolini made a motion that the Planning Board come back to
the next meeting, on August 7, 1990, with a formal identification
of topics that are appropriate. The motion was seconded by John
Simons and voted unanimously by those present.