HomeMy WebLinkAbout1988-03-24The North Andover Planning Board held a regular meeting on March ~4,
1988, in the Town Hall Selectmen~s Meeting Room. The meeting was called
to order at 8:09 p.m. by Paul Hedstrom Chairman. Also present were
George Perna, Vice-Chairman; and John Simons, Clerk. Erich Nitzsche was
absent.
~_t~provals Not Recl~_ired Form A~s
Hillside Road - Chanqinq. Lot Line
MOTION: By John Simons to approve subject to showing
SECOND: George Perna
VOTE: Unanimous of those present
Bear Hill - Cha__o_~_Lot Line
MOTION: By John Simons to approve the Form A.
SECOND: George Perna
VOTE: Unanimous of those present
John Burke arrived at 8:19 p.m.
Public Hearinq!
Brookview - Definitive Subdivision
Applicant deferred from this meeting. Extension has been granted until
May 19th to provide the Board with additional information.
Chestnut Street -Special Permit - Common Driveways
Ben Osgood Jr. was present and spoke To the Board giving them
information as to where the a~olications stand. He presented the Board
with an alternative plan, featuring one access to eleven house lots.
Applicant has looked at the plans for cluster development, however,
there is not enough frontage to service eleven house lots on the roadway
created. Mr Osgood stated that in Residential-3 there is no Zoning
Bylaw which allows cluster developments. John Simons questioned a
roadway cluster and why not just a cluster the tots. Paul Hedstrom
stated that the applicant did not have adequate frontage. The Board was
somewhat confused. Mr. Osgood stated that he could not determine the
lot count using the new bylaw regulations that gets the eleven lots,
applicant would not be allowed to use the Form A Lots that currently
exist. Paul Hedstr~m felt that the applicant should consider an eight
or nine lot count which would be more acceptable to the Board.
Applicant wants to use the Form A tots, using the old bylaw. Frontage
lots can be used under the old Bylaw using common driveways. Mr. Osgood
stated that wetland bylaws have been met~ with 4 common driveways. John
Simons said it is a subdivision as shown. Jack Linden, Conservation
Commission, asked if there were pro¥~sions for private roads in the Town
Bylaw. Paul Hedstrom stated that the closest provisions are scenic
roads. Present law states 5 lots, aoplicant was to service eleven
lots. Paul Hedstrom said that the aoplicant should come back with less
than eleven lots, possibly eight lots. Mr Osgood said that he could
probably have his engineer, ]-om Neve, design common driveways with four
crossings and conform to the b¥!aws. Paul Hedstrom felt that the
applicant could possibily get two crossings, not four crossings.
MOTION: BY George Perna to conti¥~ue the public hearing until April
1988.
SECOND: John Simons
VOTE: Unanimous of those present.
Abbott Villaq~- ~pecial Permit - Common Driveways
Paul Hedstrom stated that the issues presented by this application
cannot be discussed, due to a pending law suit. The common driveways
exist on lots in a subdivision not approved because the applicant has
appealed the Boards decision.
MOTION: By George Perna to continue the public hearing until April 14,
1988.
SECOND: John Simons
VOXE: Unanimous of those present.
Warrant Article - PRD & Common Drlvewa~
John Simons read the legal notices to open the public hearing.
Scott Stocking, Town Planner, stated that the Board members were given a
copy of the article as it was published, also citing the four changes in
the PRD District. John Simons asked if John Connery had reviewed the
article. Scott Stocking said that Mr. Connery had not reviewed the
article. Paul Hedstrom asked why allow clusters in the R-3 ~oning
District. Scott Stocking stated that the request was made by the
Balanced Growth Committee to put it in the R-3 District as well as
developer interest. Paul asked what density was allowed in R-3. John
Burke said half acre. Ben Osgood spoke to the Board and felt that open
space would be more valuable in the R-3 District. Scott cited the
clarification in the proposed article in language, no changes in
dimensional standard except in the R-3D~strict, standards to be 18,500
for single family. Single fam~!v PRD's would allow zero lot line
developments.
On the article for Common Driveways, Scott Stocking, Town Planner,
clarified what was being done. The definition for a driveway is being
changed and creating a definition ~or common driveways. Common
driveways will be allowed by right if' the eleven conditions are met by
the applicant. Scott Stocking also stated that the applicant must be
crossing a wetland for a common driveway to be allowed. John Simons
wanted common driveways by Special Permit. George Perna felt the same
way. Paul Hedstrom stated that the concensus of the 8pard for common
driveways shall be by special permit and shall be implified by the
conditions or requirements that the Town Planner drafted. George Perna
stated that i~ was that or not allow them at all. Paul Hedstrom asked
if anyone present wanted to speak. Gerry Weimann stated that nobody
likes them but you have to have them in certain situations.
MOTI0N: By John Simons to close the public hearing on Common Driveways
and take the matter under advisement.
SECOND: John Burke
VOTE: Unanimous of those present.
Continuing the hearing on the PRD Article, Scott Stocking, Town Planner,
highlighted the changes. Under 6c Development Standards, more
organized, ?c dimensional regulations site plan. Under 7d its ~alled
subdivision and standard for R-3 which is 12,500 minimum lot. Yard
setback putting a ! which is a footnote allowing a house on a zero lot
line giving more flexibility. Scott Stocking stated that the PRD was
technically the same just made clearer. Under Section 4g Calculation of
Allowable Density, Scott Stocking stated that in the language says
residential density shall be determined by utilizing the existing zoning
district lot area requirements as applied to the total area to the
development, it a straight away calculation. John Simons said no
because it increases the density allowed. Scott said that it eliminates
the extra exercise of having the app)ication supply information not
needed for the cluster application· George Perna wanted it more
stringent.
Gerry Weimann spoke from the developers oosition citing the problems of
coming before the Board with a subdivision plan and then starting all
over with preliminary plans for a PRD, cost is a major factor. George
Perna stated the reason the Board had not seen too many PRD Plans was
because some developers fall under the grandfather clause· Mr. Weimann
disagreed. Scott Stocking stated that if the language he used to draft
the reguirements of a buildable subdivision were not acceptable to the
Board then some langauge would have be placed to determine it clearly.
John Simons wanted Scott to talk to the Balanced Growth Committee. Paul
Hedstrom stated that Scott should talk to John Connery & Associates
rather than the Balanced Growth Committee.
MOTION: By John Burke to take the matter under advisement and close the
public hearing.
SECOND: John Siomns
VOTE: Unanimous of those present.
Discussions
Breckenridqe - SictDin__q Plans
The Planning Board signeO the plans for Breckenridge Definitive
Subdivision.
Abbott Villaqe - Request for Modification
Gerry Weimann of Osgood Associates spoke to the Board. Paul Hedstrom
asked that he have his lawyer send a letter to the Board stating that
the Board does not have to answer the complaint, Issues to be addressed
in the appeal are:
2.
3.
4.
5.
cul-de-sac lengths
waterline to Woodberry Lane - no easement
Abbott & Salem Streets easements
gates valves
sewer line - relocating
Paul Hedstrom said drop the suit on the road for consideration of
waterline to Woodberry Lane.
Bill Hmurciak, Public Works Department~ spoke citing no issues
relatitive to Abbott Village from DPW. Paul Hedstrom asked Mr. Weimann
about the request for modification. Mr. Weimann to send letter to the
Board citing the issues in writing.
Lindenwood Pro~ect
Deferred from this meeting, will be at the March Blst meeting.
Paul Hedstrom askeO why they were coming before the Board. Scott
Stocking said that the Board wanted to see the project. Paul Hedstrom
wanted to know a little about the project. Scott Stocking stated that
the area containe0 approximately 14 acres and proposing 98 units, most
of the land is wet.
Os_good Mill - PDD
Ben Osgood, Jr. presented the Board with revised landscape plans. Mr.
Osgood stated that the firm of Mazzaro did the plan for landscaping.
The roadway has been pulled away from the building. Scott Stocking is
to go over the plans. Mr. Osgood cited highlights of the revised plans:
3.
4.
5.
granite post, landscaped mounds
new entrance concept
proposed large sign
large entrance walls
possibly plant trees at edge of the Town parking lot
Plan are to be reviewed by the Town Planner.
Lot A - Kenics Site Plan - On a Larqer Lot of Record
Scott Stocking told the Board the reason for this discussion. The Site
Plan was approved in August of 1989. The decision stated that any
changes in the plans shall be reviewed by the Planning Board. The lot
has changed, it is larger. Jim Bourgeois showed the Board the plans and
gave some background on the location. Paul Hedstrom questioned the
changes, Jim Bourgeois stated that the building was the same, lot
enlarged by approximately 1/2 acre. The details of the grading have
changed as well as the detention pond being redesigned. The enlargement
is in the back of the building for possibly expansion and possibly
roadway.
MOTION: By John Burke to approve the modification as presented.
No Second.
John Simons had a problem with procedures on the modification. A letter
is to be drafted and sent to Town Counsel for review on the procedure of
approving the changes without a new puPlic hearing.
MOTION: By George Perna to subsititue the plans in the decision.
SECOND: John Simons
VOTE: Unanimous of those present.
Lot 12 Coventry Estates - 50' Buffer
Joseph Cr~staldi spoke to the Board citing that in the decision in 1985,
lots I thur 16 have a 50' buffer zone due to the Town Farm being the
adjacent property, as on of the conditions. Everything in the 50'
buffer would have to say in its natural state. On Lot 12 it is
difficult to cite a house. Paul Hedstrom stated that a site visit was
in order. Applicant to stake the parcel in question. Issues to be
discussed on March 31st.
Jeard II - Riqh~_.o~f~_W_a_¥. Reduction
Robert Janusz stated the purpose of him being at the meeting. He is
requesting a right-of-way reduction regarding a wetland crossing. The
major wetland crossing is on Candlestick Road. When Mr. Neve prepared
the plans he cited that 3,?95 square feet of vegetated wetlands would be
disturbed and also q,6i? feet of bordering land subject to flooding
would be effected. Applicant disagrees with the denial of Conservation
on the bordering wetlands. Reducing the width of the crossing to 18
feet with a q foot shoulder they could connect with Seven Oaks and
eventually to the Miller Property out to Forest Street. John Burke
asked if the applicant had gone to Conservation. Mr Janusz stated that
he had been to Conservation on the dispute of the amount of area that if
effected. John Burke also asked if the applicant had gone to the Soard
of Health. Mr. Janusz stated that he had not. Scott Stocking asked Mr.
Janusz if he had appealed the decision of DEQE. Mr. Janusz said that he
had appealed the decision. The reduction is from ~6 feet to 18 feet
with guard rails. The Board wiil ~onsider and get back to Mr. Janusz in
two weeks.
Watershed District
Stephen Madaus, Environmental Coordinator, spoke to the Board, citing
the differences and the fact that there would be a legal issue in the
interpertation. Karen Nelson, Director, PCD spoke to Town Counsel
regarding Special Permit vs Variance. John Simons questioned why two
separate articles on the Watershed were submitted? Karen Nelson stated
that no use could be allowed without a variance. Special Permit says
you can use by doing, this, this~ and this. Paul Hedstrom cited that it
was an overlay district and wanted ro know what would would happen if
someone wanted to build a house two miles away from the lake but in the
Watershed District. Karen Nelson stated that setbacks from tributaries
would have to be observed. Paul Hedstrom to review. Written comments
by the Board for the April ?th meeting.
Decisions
Lonq Pasture - Definitive Suboivision
An extension is needed. Erich Nitzsche was reviewing the plans. Mr.
Christiansen spoke stating that he felt that all the matters were
addressed. Mr. Christiansen also spoke regarding the length of the
cul-de-sac, citing the 500 feet was not a magic number as far as safety
was concerned. He cited the same length in the different zoning
districts and the possibility of 30 families on a 500 foot cul-de-sac in
areas were there are duplexes (R-4). The decision is due March 31st.
Conditions on engineering to be added to the decision addressing the
many concerns of the Board.
MOTION: George Perna to take the matter under advisement and accepting a
forty eight hour extension to file the decision on Friday April
1st.
SECOND: John Burke
VOTE: Unanimous of those present.
MOTION: By John Burke to conditionally approve the site plan subject to
the following conditions:
Five handicapped spaces shall be clearly maked on the site plan
and on the oavement.
The applicant shall provide the Planning Board with letters from
the Lawrence Airoo~ t Commission and the FAA that the project
adheres to their rules and regulations prior to the issuance of
a building permit.
Note Placed on the plan that all process, storage and procedures
in manufacturing ahere to all State and Federal Regulations.
Changes made to the notes on the plan which adhere to the actual
conditions found on-site.
5o
Any changes in the site plan required by action under M.G.L.
Chapter 131, Section qO, shall be resubmitted to the Planning
Board for review.
Applicant shall file a statement with the Board of Health that
no new chemical processes or hazardous materials shall be stored
in the facility as a result of the oroposed addition.
Any changes made to the site plan afteB the~'~ve been fii'ed
with the Registry of Deeds Office, shall be submitted to the
Planning Board for review.
The following plans shall be deeded approved by this decision:
Plans entitled Borden Chemical, Resinite Department, prepared by Culter
Associates, Inc., Drawing No. Sp-~l dated 1/26/88 and C-1 dated i1/9/8~.
SECOND: John Simons
VOTE: Unanimous of those oresent.
NOTE: Decision is part of the minutes.
Coventry Estates - Common Drivewa s - S~e~ial Permit
MOTION: By John Burke to approve subject to conditions drafted by the
Town Planner on 1/8/88 and giving John Simons the weekend to
review for comments and George Perna to add any comments.
SECOND: George Perna
VOTE: Unanimous
NOTE: Decision is part of the minutes.
Philli_~s_ Farm - Preliminary
Two days over the dead line, defacto appFoval. Conditions have been
drafted and will be added.
MOTION: By John Burke to adopt as our condition, the conditions sited in
the draft decision and focwar-ded to the engineer for his
consideration in designing the plans.
SECOND:George Perna
VOTE: Unanimous cf those present.
MINIJTES
MOTION: By John Burke to approve the minutes of February 85 and February
29, 1988.
SECOND: John Simon~
VOTE: Unanimous ~f those present
MOTION: By John Burke to adjourn the meeting.
SECOND: John Simon~
VOTE: Unanimous of ~hose present.
The meeting adjourned at 11:15 p.m.
Paul A. Hedstrom, Chairman
/J~net L. Eaton, Secretary