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