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HomeMy WebLinkAbout1988-03-02On March 2, 1988 the North Andover Planning Board held a regular meeting in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at 8:43 p.m. by Vice-Chairman, George Perna. Also present were Erich Nitzsche, John Simons, Clerk; and Chairman Paul Hedstrom. John Burke was absent. Public Hearinqs Borden Chemical - Site Plan Review John Simons read the legal notice to open the public hearing. Letters were received and read from the Board of Health and the Conservation Commission. Rick Taylor, Culter Associates of Worcester, presented the Board with the plans and gave an overview of what is being proposed. There are three additions, one is an expansion to the existing office which is on the second floor, looking to add 1,800 square feet. The second addition being proposed is the Processing addition and third a warehousing addition. The site is at 1 Clark Street. At present there are 208 parking spaces available, once the additions are added there will be 201 parking spaces. There are six loading docks, the only difference is that they will be relocated. Paul Hedstrom asked what the total square footage of the additions would be. Mr Taylor stated that the warehouse addition was il,200 square feet, the processing was 10,100 square feet and the office was 1,800 square feet. The existing structure and the additions would be 161,379 square feet. The additions totaling 23,179 square feet. George Perna questioned the height in regards to the Airport. Mr Taylor cited towers in excess of 45 feet high. He did not believe that there was an impact to the approach to the airport. Scott Stocking, Town Planner, asked if they had received any letters or sent any letters to the FAA for comments or the Airport Authority. Mr Taylor said that they had been sent. John Simons asked if there was any section of what it would look like. Mr Taylor showed them to John. George Perna said that the Board was mainly interested in what it looked like from Route 125 at Clark Street. Mr Taylor said that it would not be visible. George Perna wanted to know the height of the existing main structure. Mr Taylor ~ said that it was 25.6 and that the highest addition would be 35 feet.~ Profiles and elevation of the building were requested by the Board. The applicant has an Order of Condition from Conservation. John Simons questions the response from the Board of Health regarding these additions and would they add more toxic substances. Mr Taylor said as far as he knew, nothing that they are doing now will change. Erich Nitzsche said that the Board of Health's concern should be part of the conditions. Soctt Stocking stated that there were potential drainage concerns on Clark Street to a culvert that is not the proper size. Bill Hmurciak, Public Works Department, said that the culvert in question was further down on Clark Street, closer to the Airport and would be addressed on the Butcher Boy Site. The applicant is to provide pictures of elevations and letters from the FAA and Airport Commission. MOTION: By John Simons to close the puOlic hearing and take the matter under advisement. SECOND: Erich Nitzsche VOTE: Unanimous of those present Safe'N' Sound - Site Plan Review - Special Permit - Common Driveways John Simons read the legal notices to open the public hearings. were received and read from the Board of Health and Conservation Commission. Letters Berten Clynfeld, attorney for John Todd, was present and spoke to the Board. Attorney Clynfeid stated that he had been before the Planning Board on several occasions and believes that ali questions reised by the Board have been addressed. The only issue that had yet to be addressed was the FAR~ the floor area ratio, and that has been addressed with a new Form A Plan. Paul Hedstrom asked if the plans, Which the Board has reviewed, have been put on the Form A Plan. Mr Todd said that they had been, showing the total parcel which is 4,200 feet larger. George Perna questioned the common driveway permit with rational - why. Attorney Clynfeld stated that the issue was brought before the Board previously. Paul Hedstrom stated that the detail is in the records and there was no reason to repeat the record. Erich Nitzsche stated that normally some sort of maintenance agreement between the parties involved is made relative to the common driveway. Attorney Clynfeld stated that an agreement has been submitted and recorded at the Board's request. Jack Linden, Conservation Commission, asked if the new plan had the same footprint as the plan that was approved by the Conservation Commission. Attorney Clynfled stated that the only difference was the size of the lot being larger. Paul Hedstrom stated for the record: Factural disclosures and the matters contained on the site plan of the September hearing are incorporated into this record for record purposes and that the decision for common driveway and site plan shall be based on all of the information that is in the record and read into the record in addition to the plan information. MOTION: By John Simons to close the public hearing and take the matter under advisement. SECOND: George Perna VOTE: Unanimous of those present. Butcher Boy - Site Plan Review - cont'd Mr. Thomas Caffrey was present and presented the Board with copies of his response to issues brought out at the February 8th meeting, from a letter sent by Scott Stocking, Town Planner. Mr. Caffrey cited that there was twenty-two issues listed, three of which, more time is needed to address them. The Town Planner identified the five major issues in a letter that was sent to Mr. Caffrey. One of the issues was the Special Permit and is it still valid. Mr Caffrey said that the applicant takes the position that it is valid. Another issue was what work was contained in the Board of Appeals Special Permit and was the sewer line included. Mr Caffrey stated that it contained the work identified and also shown on the plan that was recorded at the time and it did explicitly include the sewer line in one of the conditions in the decision and the pump station shown on the plan. On the question of the curb-cut, Mr. Caffrey said that it was a large question and an important one and he would address it later in the meeting. On the B-2 Zoning District question, Mr. Caffrey stated that was adopted in i98A Town Meeting to change part of the site to B-2 Zoning, Article 100. After checking the records of the 1984 Town Meeting and legal notices, Mr. Caffrey felt that the line shown on the plans is exactly the same as that which was changed in 1984 Town Meeting and the warrant article. With regards to impact of the existing right-of-way easement, Mr. Caffrey said they have shown it on the new site plan as relocated and the net result in their opinion is that it improves safety in access to Osgood Street, in that the right-of-way user can go over a safe paved access to Osgood Street. Mr. Caffrey spoke of the site design issues raised by Scott Stocking, Town Planner, landscaping, parking and planting schedule information will be shown on the new revised plans and they conform to the applicable Zoning Bylaws that were existant at the time the special permit was issued. On the issue of showing and labeling the size of the fence at the Ragonese Property, Mr. Caffrey stated that it was labeled and it conforms to what the Zoning Board required. On the elevation of the retaining wall on Great Pond Road, Mr. Caffrey said that the area between the wail and Great Pond Road was largely wooded and substantially shields the view from Great Pond Road and that the final ground elevations are shown on the plans. Also that ail finished grades on the site are shown on the plans and that the loading dock can accomodiate trucks. Fire lanes and hydrants near the trash compactor are on the plans. Butcher Boy - Site Plan Review cont'd On the question of the natural spring, Mr. Caffrey deferred and said that Mr. Lally would address the issue, but basically it would be addressed through a seepage pit to be installed. Mr. Caffrey stated that the mechanical facilities will not be seen from the roof and will be located toward the center. On the sign issue, Mr. Caffrey said that all the information on the sign details that are available, the size and location, but not the name as yet. When the name is determined, the information on the number of letters is not available at this time and they cannot comply to the detailed requirements of the sign ordinance and the for the tenants signs. Where they will be located and the basic size is identified. On the issues of utilities, Mr. Caffrey agrees with the final design for water, sewer and stormwater drainage system meeting approval of the DPW. A question of design conflicts between drainage lines and waters lines that exist on Osgood Street. Mr. Lally was present to address the issue. Grease traps are shown on the sewer lines for all connecting restaruants. A draft drainage easement was just received from the attorney of Channel Building and Mr Caffrey filed it with the Board. Technical work needed on the draft but substantially with the understanding. The drainage design has been presented to the Board. The time consuming items are the circulation of traffic and seepage pit for the spring and the possible conflict between the new sewer line and existing water lines and an overview of the plans was revised to meet the Board requirements. George Namoris showed the Board the revised plans of the entrance change which meets State DPW approval. John May also spoke to the Board about the traffic issues. He stated that he has met with the State DPW and that the State had concerns with the movement of traffic on Osgood Street. Left hand turn lanes are proposed in both directions. The heavy movement into Clark Street occurs in the early morning when the shopping center is not in use. The size of the left hand lanes were doubled. The States concerns were (1) the left hand turn lanes and (2) the impact to the entrance with relation to the signalized intersection on Great Pond Road. The revised plans show the result of the applicant working with the State DPW. John Simons questioned where the watershed line was. Mr Namoris showed John the location on the plans. John also questioned the location of the retaining wall. Mr Namoris said that it was still behind the 150' buffer line. Mr. Namoris also stated that the retaining wall was different. John stated that it was not part of the original variance. Mr. Namoris said that it was still over 150~ from the lake. Butcher Boy-Site Plan Reivew cont~d Paul Hedstrom wanted the Board's memory refreshed on the history of the special permit. Mr'. Namoris said no-cut, no fill 150' first line. John Simons questioned the amount of area being paved. Mr. Namoris said that there would be landscaping on the sides and in the back of the property. John also questioned when the abutters filed suit. Mr Caffrey said that it was filed March 14~ 1986. John wanted to know when the Board of Appeals made their decision. Mr. Caffrey stated that the decision was made September 24, 1985. Scott Stocking, Town Planner, told Mr. caffrey that the current zoning line of B-2 is fine under the 1984 Warrant Article. An error in surveying the property line was corrected, in Mr. Ragonese~s favor. The current plans show the correction. Erich Nitzsche stated that an easement plan should be recorded with the special permit. Frank Ragonese, abutter, spoke to the Planning Board and gave them some history on the application citing the following items recorded on the petition that was filed with the Town Clerk: (1) size of the building 365x108 feet, (2) height of the building, 1 story, 80 feet high. Mr. Ragonese also stated that on September 24, 1985, a special permit was granted with thirteen conditions, one of the conditions was that a revised plan be submitted for approval of the Zoning Board of Appeals. Also that a year and a half later the plans were submitted to the Board of Appeals which substantially modified the special permit that was granted and there was no public hearing, no notice to abutters and only by accident he found it recorded. Mr. Ragonese requested that the Board visit the site, noting the size of the building to be placed there and how the land rises coming down Great Pond Road to Osgood Street. He also stressed that the size of the building was too large for the parcel and that it was the size of a hospital. Another concern of Mr. Ragonese was the water flowing on Great Pond Road. Mr. Lally spoke to the Board about the surface water and ground water. A shallow seepage pit has been put in to divert the water from the Lake. Mr Lally showed George Perna the location of the pit after he questioned the location. Daniel Regan, 99 French Farm Road wanted to know how far from the French Farm Development the proposed building would be. Mr. Caffrey said that it would be quite some distance. Butcher Boy - Site Plan Review cont'd Paul Hedstrom cited that the applicant has 30,000 square foot footprint. Also that this is the site plan process and that it was not necessary for the people to keep coming back and that it is a natural development of the process. One of the issues that impacts our decision is the nature of the zoning entitlement that any applicant has to get site plan approval. In this particular case it relates to the special permit. The history of the special permits includes a speckled past, a permit was granted, never signed, plans coming in two years later and the building, lots of issues. Paul also said that it was a building permitted by the zoning if the permit is valid. Mr. William Driscoll, Great Pond Road abutter~ spoke about the Stanleyville Road right-of-way. He also spoke about part of the problem with the lake is the houses on the hill and the fact that they are on septic systems, which sometimes breakdown. There are eight to ten houses along Great Pond Road that are isolated from sewer systems. Mr. Driscoll stated that the right-of-way has been used by heavy equipment vehicles to gain access to his property because such vehicles cannot gain access from Great Pond Road. With the location of the right-of-way on the proposed plan, Mr. Driscoll said that such vehicles could now not access his property. Paul Hedstrom cited two major issues that Mr. Driscoll was bring up~ (1) situation with the right-of-way, and (2) issue of septic or sewer capacity. The issue of septic and sewer capacity is outside the scope of the proposed project and should be resolved between the applicant and abutters. The right-of-way issue to be addressed by the Board because it cuts across the middle of the site plan. Mr. Caffrey felt that the Board did not have jurisdiction on the issue of the right-of-way. It is not recorded in the Deed's Office. Jack Linden, Conservation Commission, stated that an Enforcement Impact Report had been submitted to the State and denied. He asked if another report had been filed. Mr. Lally said that it was in the process of being prepared. The major issue was the traffic. Mr. Linden cited an enforcement order filed on December 8, 1986 for work done in the back on a sewer line. A Notice of Intent was asked to be filed to compensate wetlands that were altered on the site. At this time he has still not seen one. Conservation has not approved of any work within 250' of the lake. Frank Ragonese spoke again and stated that work had been done on the property in December 12 or 13, 1986 installing sewer lines across the property, without a permit. John Simons had major concerns with the massive size of the building. Erich Nitzsche expressed concerns with the right-of-way. MOTION: By John Simons to continue the public hearing for 4 weeks from March 3rd and a site visit before the next meeting. SECOND: Erich Nitzsche VOTE: Unanimous of those present Coventry I - Common Driveways - Special Permit MOTION: By Erich Nitzsche to close the public hearing and direct the Planner to draft a decision for March l?th. SECOND: George Perna VOTE: Unanimous of those present. Approval Not Required Form Rea Street - Lot Line Chanqe MOTION: By John Simons to approve subject to changing the locus plan, correct frontage, showing Lot 6A. SECOND: George Perna VOTE: Unanimous of those present. Discussions Phillips Farm - Osqood Street - Preliminar.¥ Plans Thad Berry, of Christiansen & Sergi, presented the Board with the preliminary plans for Phillips Farm Subdivision. The parcel is located in a Residential-3 ~oning District. Town water and Town sewage available. Sewage coming from Osgood Street through an existing right-of-way. Water to be looped through the site going back the Mass. Avenue. Drainage to go to Route 125. Area already has a drainage problem. A detention pond to correct the problem for the lots. There are no wetlands, conservation to verify. This is a formal submittal of a preliminary plan. There is a qO foot existing right-of-way, undeveloped that ~itl be brought up to Town standards. There are 23 lots, lot 11 has an existing structure on it. Historical District to be noted. Lot 12 Coventry I - Buffer Zone No one present to discuss the issue. Decisions Kindercare - Site Plan Reivew MOTION: By John Simons to dismiss without prejudice for want of jurisdiction and send letter to the Board of Appeals clarifying the conclusion of the Board. SECOND: Erich Nitzsche VOTE: Unanimous of those present Brook Farm - Definitive Modification MOTION: By John Simons to approve the modification subject to the written decision. SECOND: George Perna VOTE: Unanimous of those present NOTE: Decision is part of minutes. 3Lonq Pasture - Definitive Subdivision MOTION: By John Simons to accept an extension to March 31, 1988 for the Board to make a decision, SECOND: George Perna VOTE: Unanimous of those present Decisions Jeffrey Place - Definitive Subdivision MOTION: By George Perna to accept the draft decision cleaning up the language and citing the reasons for the decision. SECOND: John Simons VOTE: Unanimous of those present NOTE: Decision is part of minutes. Siqninq Plans Breckenridqe The Board asked the Town Planner to check the plans and forms, no signature until that time. Covenant forms to be notarized. MOTION: By George Perna to adjourn SECOND: John Simons VOTE: Unanimous of those present The meeting adjourned at 11:26 p.m. Paul A. Hedstrom, Chairman E~a~~tary