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HomeMy WebLinkAbout1988-02-08The Planning Board held a regular meeting on Monday evening, February 8, 1988 in the Town Hall, Selectmen's Meeting Room. The meeting was called to order ak 8:08 p.m. by Chairman, Paul Hedstrom. Also present and voting were John Simons, Clerk; John Burke, George Perna. Public Hearinqs Kindercare - Repetitive Petition John Simons read the legal notice to open the public hearing formally. David Bain Jr., attorney representing Kindercare spoke to the Board. Also present were Robert Piccarelli and Donald Morin. The applicant has appeared before the Board of Appeals. Applied to the Planning Board under a Repetitive Petition less than two years since the Board of Appeals turned them down. Mr. Bain stated that the Board turned their Special Permit down. Decision was issued SeptembeF 1986. Access is from Hillside Road. The lot has doubled in size. He felt that there were specific and material changes in the application. A traffic study ~will be done. Drop-off time would be ?:00 a.m. to 9:00 a.m., pick-up time would be $:00 p.m. to 6:00 p.m. There are 1,300 Kindercare Centers in the nation. Paul Hedstrom questioned variances on ingress and egress. He also cited that the location Of the facility had changed and the size of the lot had doubled. John Simons questioned the use in a R-3 Zoning District. Mr Bain stated that it was in Residential-B Zoning District. Paul Hedstrom questioned the 25 foot utility easement to the rear of the property. Mr Peter Aziz, an abutter, stated that it was a sewer easement. John Simons questioned if the applicant had variance on setbacks (100' off Route llA). Paul Hedstrom read a portion of the prior Board of Appeals decision. John Burke asked Scott Stocking if it was a recorded plan. Scott Stocking said, the lots are shown on the Town Assessors maps. John Simon~ stated that the building is 60 feet from Route llq and questioned the setback. John Casey, 84 Innis Street abutter, stated that the entrance was 30 feet from the corner. On the morning of February 8, 1988, 4A~ cars were counted between ?:00 a.m. and 8:00 a.m. Mike Schena, 108 Hillside Road, also expressed concerns about traffic.. Paul Hedstrom expressed that this application was only to deal with the siqnificant and material chanqes in the plan. Peter Aziz, Innis Street, stated that the State had slated to take down the corner house on Route lit and Hillside Road. Phil Busby, Chestnut Street, questioned who controls the curb-cuts for Hillside Road. John Simons read letter from the Police Department, State DPW, Fire Department and the Conservation Commission. John Simons had two questions. 1. Why did the applicant wait till August when the Boardof Appeals decision was up? 2. Why not independent study of traffic? Pat McGarry, 147 Chestnut Street, also cited traffic concerns. Peter Aziz spoke again, citing his feelings, that even if there were 5 acres it would be a bad place for such a school. Carolyn Koehler, Quail Run Road, also spoke of the traffic concerns in the neighborhood. MOTION: By John Burke to take the matter under advisement and close the public hearing. SECOND: George Perna VOTE: Unanimous of those present. Decision for March B, 1988. John Burke left the meeting and did not hear or Vote on the Brook Farm Subdivision. Brook Farm - Definitive Subdivision Modifzcation John Simons read the legal notice to open the public hearing. Gary Sackrider, attorney for the applicant was present as well as Bob Lynch of Atlantic Engineering. An access easement to be changed from tot 1 as called for in the original decision to access Essex County Greenbelt Association Land. Proposing the access to be at the end of the cul-de-sac between lots A and 5, for pedestrian traffic only, not for vehicle traffic. A plaque will be mounted stating "Public Access to Essex County Greenbelt Land, No Motorized Vehicles Allowed." Access easement is to Bruin Hill, which the Essex County Greenbelt has acquired. George Perna questioned the angle of Christian Way Extension. Bob Lynch stated that he had worked with tangents. Scott Stocking questioned if the applicant had talked to anyone at the Essex County Greenbelt Assoication. The applicant will contact the Greenbelt Association. MOTION: By George Perna to take the matter under advisement and close the public hearing. SECOND: John Simons VOTE: Unanimous of those present. John Burke returned to the meeting. Half Moon Woods - Definitive Modification of Approval John Simons read the legal notice to open the public hearing. Scott Stocking stated that the applicant was present. William Wagner, attorney for the applicant, stated that the case was appealed in June of 1986, since that time they attempted to meet with the Board on a number of occasions, in attempt to resolve the issues upon which the Board denied approval in !986. At that time there were ten issues. At this time there are thirteen conditions, that if the applicant agrees to, the Board will conditionally approve the plans with the stipulation that the case be dismissed in Superior Court. A draft decision was provided. MOTION: George Perna to approve the plans subject to the fourteen conditions outlined in the draft decision, in boiler plate form, close the public hearing and have the applicant meet with the Town Planner, Scott Stocking, and get everything in order to sign the plans. SECOND: John Burke VOTE: Unanimous of those present NOTE: Decision is part of minutes Erich Nitzsche arrived at 9:20 p.m. Butcher Boy - Site Plan Review John Simons read the legal notice to open the public hearing. Letters from the Conservation Commission, Department of Public Works, Fire Department, Police Department, an abutter to the project, Bayfield Associates, and the Board of Health were read. Thomas Caffrey, BO0 Essex Street, Lawrence, representing Angus Realty, was present. Also present were Tom and Ken Yameen, owners, and Mr. LaIly, engineer, of A. Lally Associates. Mr Caffrey stated that the proposed plans were for an office and retail building. George Perna wanted some background on the site. Mr. Lally stated that the current drainage on the site was inadequate. Mr. Caffrey stated that they had extension from the Board of Appeals for work within the Watershed District until September 1988. John Simons cited that the extension was granted after the time had tasped. Mr Caffr'ey stated that the Board of Appeal signed the decision in February 1987. Erich Nitzsche questioned the drainage computations and the increase of run-off caused by the development. Mr Lally stated that the reconfiguration of the site also generates additional drainage in the direction of the Merrimack River and run-off would go down Clark Street, all the way to the river. There is a 54 inch culvert installed by the airport. Paul Hedstrom questioned if a traffic study that had been made on Route 125. John May, traffic engineer, Sterling, MA, is doing the traffic study. He stated that there are approximately 16,00 vehicles on Osgood Street per day, 5,400 vehicles on Great Pond Road, and South of the site on Osgood Street, approximately 20,000 vehicles to Town per day. John May stated that the anaylsis of the study showed an acceptable level of traffic adding minimal amount of traffic. Paul Hedstrom stated that there would be a problem if someone were to take a left on to Clark Street and someone taking a left (coming from Haverhil) into proposed site (Butcher Boy), only 95' is allowed for both turning movements. John May stated that there were concerns of sight distance when coming out of Clark Street and going left on Osgood Street. The plans show a double left hand lane. Mr. May stated that the conditions of traffic would be as follows: 120 vehicles entering at peak time in the a.m. 60 vehicles existing in the a.m. 156 vehicles entering at peak time in the p.m. 2?5 vehicles exiting in the p.m. Butcher Boy - Site Plan Review.(cont'd) The peak hour in the afternoon would be 4:00-5:30 p.m.. Scott Stocking asked to what year was used for the projection. Mr May stated that the projection was to 1992. Mr. Averka, Great Pond Road, an abutter, questioned the distance of the site from the lake. John Simons questioned the underground stream. William Driscoll, 1815 Great Pond Road, questioned the stream and the constant running of water across the road, toward the lake and he also wanted to know the elevation of Route 125. Mr. Latly stated that the elevation was approximately 133'. The south east corner of Great Pond Road is approximately 114' William Chepulis, 1018 Osgood Street, questioned how many vehicles went left and right coming out of the site. Mr. May stated the about a third of the traffic went north and two-thirds went south. Paul Hedstrom questioned the landscaping and design. Scott Stocking stated that the applicant is to notify the Airport Commission and the FAA. Mr Driscoll, Great Pond Road, had concerns about the height of the retaining being 20~ high. He also stated that there was a right-of-way to his property and that the proposed building is right on the right-of-way. Tom Caffrey stated that if the right-of way still exists there would be ample room for him to have access to his property. Anthoney Randazzo, attorney for Frank Ragenese spoke for his client. Mr. Ragenese~s house would be ?0 feet from the proposed structure. There is a question of the zoning with the jog on the plans shown as the back side of the building, and is it still residential as opposed to Business-2. Attorney Randazzo also stated that the would be substantial problems with regards to land fill, which is estimated to require 55,000 yards of gravel. He also asked that the Board would require a one story building rather than a two story building. Erich Nitzsche questioned the parking and the square footage as required in the Bylaws. Applicant is following the 1985 Zoning Bylaw. Paul Hedstrom questioned why they were using the 1985 Bylaws Standards and do he feel that it froze the zoning in place at that time for this project. Mr Caffrey stated that he received a letter from Town Counsel stating that was the case.. Nell Sharpner, 75 French Farm Road, questioned why the property that abutts his, was not included in the discussion of these plans. Mr Caffrey stated that it was not related to the portion which is being developed. Paul Hedstrom stated that the parcel is 9.2 acres of land and in three zoning districts, R-8,B-2 and GB. Frank Ragenese wanted the interputation from Town Counsel regarding the zoning freeze. William Chepu!is stated that a lot would depend on the of the Board of Appeals permit and that a building could not be demolished until construction was completed. He also asked if MEPA had responded. Mr. Lally stated that he has filed with MEPA. Henry Fink questioned the 100' buffer to the abutting zone. John Simons stated that did not apply in this case and read that section from the Bylaw. MOTION: By John Simons to continue the public hearing until March 1988. SECOND: George Perna VOTE: Unanimoos of those present. John Burke Left the meeting at 10:10 p.m. Contact East - Site Plan Review MOTION: By George Perna to accept the withdrawal without prejudice. SECOND: John Simons VOTE: Unanimous of those present Coventry Estates- Common Driveway~ Scott Stocking? Town Planner recommended that since there was no one present for Coventry Estates that the Board continue it until February 25, 1988. Approval Not Required Form A's Chestnut Green MOTION: John Simons to accept the withdrawal without prejudice. SECOND: George Perna VOTE: Unanimous Willow Street & Bayfield Drive MOTION:By John Simons to approve. SECOND: Erich Nitzsche VOTE: Unanimous of those present. NOTE: Plan to contain four notes that explain what action occured by this Form A Plan. Boston Street - Old Cart Way MOTION: By John Simons to accept the withdrawal with out prejudice SECOND: George Perna VOTE: Unanimous of those present. Turnpike Street - John Todd MOTION: By George Perna to accept subject to the notation PCL2 being omitted as stated on one of parcels. SECOND: John Simons Vote: Unanimous of those present. Sharpner Pond Road MOTION: John Simons to deny the application because its consititutes a subdivision, since it includes no frontage on a right-of-way. Plan does not clearly show frontage on an improved right-of-way.. SECOND: Erich Nitzsche VOTE: Unanimous of those present. Discussion Claypit Hill - Emerald Heiqhts John Nolan, Parthenon Development, presented the Board with plans for Emerald Heights. Also present were Ellen Murphy, of Parthenon and Joe Borgesi~ of J.J.B. Associates. Daniel Kenney, AICP, of Sasaki Associates, Watertown, was also present. Mr Nolan stated that the proposed PRD contained 49 acres off Route 114. The parcel has a spectactular views from the top of the hill. Forty single lots are possible. Bonus density of 10% - affordable housing and 65% usable open space which brings the density to 52 units. The water is to tie into the existing lines on Chestnut Street. Sewer access from the Deerfield Subdivision. George Perna and Erich Nitzsche questioned if there were 40 buildable lots as shown in the preliminary plan. Joe Borgesi stated he felt the project could be designed to accomodate 40 buildable lots. Member of the Board expressed a desire to the development to team up and continue to explore the cluster option since it was more appropriate for this site ~han a conventional subdivision plan. Bonds & Covenants Oakwood Estates - Bond Release MOTION: By George Perna to release $24,000, saving $9,000 addition for erosion control work to be done in the future. SECOND: John Simons VOTE: Unanimous of those present. Bearhill - Bond Release No action taken. Cranberry Lane - Bond Release Account to be in the Town of North Andover only. MOTION: By George Perna to release $18,000 SECOND: John Simons VOTE: Unanimous of those present. Minutes - December 17, 1987 MOTION: By John Simons to accept the minutes. SECOND: George Perna VOTE: Unanimous of those present. MOTION: By George Perna to adjourn SECOND: Erich Nitzsche VOTE: Unanimous of those present The meeting adjourned at 12:30 a.m. Paul A. Hedstrom, Chairman /~n~t- L. Eaton] Secretary