HomeMy WebLinkAbout1988-06-02Due to the Tact that there was no quorum, the Planning Board did not
meet on May 26, 19~B.
The Planning Board held a regular meeting an June ~, 1988 in the Town
Hall, Selectmen~s Meeting Room. The meeting was called to order at ?:5~
p.m. by George Perna, V~ce-Chairman. Also present were John Simons,
Clerk; Erich Nitzsche and Michael LeaFy. Paul Hedstrom arrived at 8:15
p.m.
Public Hearin~
Lot F Flaqshi~_ Drive - Site Plan Review
John Simons read the legal notice to open the public hearing. ~_etters
were received and read from the Police Department and the Board of
Health.
Scott Stocking, Town Planner, sooke to the Board regarding a staff
report citing that the application was lacking information. Scott also
stated that staff ~ill hold to not accepting incomplete applications.
Erich Nitzsche asked the applicant if he wanted to withdraw without
prejudice.
David Bettor spoke stating that one of the issues was the ~ and 10 year
storm event, and that he had supplied the 25 and 100 year storm event;
since the time of filing applicant has submitted the ~ and 10 year event
information.
George Perna stated that the Bo~rd does not want piece meat
applications. Scott stated that other Town Departments have to review
the plans and without all the ingormation in front of them it is hard to
review.
Mr. Bettor felt that the Board only wanted the traffic study done.
Scott Stocking stated that all the information should be submitted at
the time of filing. Gordon Hall spoke asking the Board to hear the
application minus the traffic study. George Perna stated again that it
was important to submit a complete package. Scott Stocking stated that
staff was hoiOing ~he line on complete applications. Erich N~t~sche
stated that if other- incomplete application are presented they will want
to be heard. The Board has to set a precedence. Michael LeaFy agreed
with staff. Erich Nitzsche askeo the amplicant, what was his pleasure.
David Bettor stated that he would have to withdraw the application with
out prejudice.
MOTION: By John Simons to accept ti)e withdrawal without orejudice.
SECOND: Erich Nitzsche '
VOTE: Unanimous of' those ~resent.
Paul Hedstrom arrived at 8:15 ~.m.
Hickory Hill PRD - ~pecial Permit
John Simons read the legal notice to open the public hearing· Letters
were received and read from the Fire Department· Staff Report from the
Town Planner, Scott Stocking~ was also read, citing an incomplete filing.
John Simons commented on the general concept of the proposed project and
wanted the first such project to be done right. Scott Stocking
recommended that She applicant withdraw the application because it was
incomplete. Erich Nitzsche concurred that the plans should be complete
upon submittal.
A1 Shaboo, Design Engineering, spoke stating that he felt the submittal
was sufficient and that he could proceed. He also spoke on easements
and drainage. A1 Shaboo stated that he agreed with Scott on the fact
that at the time of submittal all the plans were not presented, but he
felt that at this time, since the initial filing, there was enough
information in the file. John Simons asked Scott how many issues were
left. Scott stated that after a Tech,'~ical Review Committee Meeting he
asked the applicant to withdraw the application. Orte of the issues was
lack of sufficient time in notifying the abutters in that the list of
abutters was submitted after the fiii~g.
George Barker spoke to the B~ard stating that before submitting a final
plan and the Board refusing or not liking it, he thought that the Board
should look at his presentation of what was submitted·
Paul Hedstrom want over a few of the things ttqat were needed in this
application:
Detaile~ Landscape Plan
Agreement for utilities
Open Space Document
Floor Plans and elevation
A1 Shaboo responded by citing those items that were addressed. The
agreement for utilities and O~en Space Document are still in need.
John Simons felt there was sufficient information to proceed. Paul
Hedstrom suggested a subcommittee to work with the applicant to
determine the rea! issues.
A1 Shaboo felt that the concept was that of the Boards wishes. George
Barker stated that the parcel of land was not an easy parcel to work
with being between the wetlands and the hill and that it would not be
visible as that which is located in Methuen on a hill. George Perna
asked Scott for his recommendations, to move on or not. Scott stated
that A1 Shaboo and George Barker were proceeding in good faith
submitting the infoFmation.
George Perna stated that the Board will hear the application·
Al Shaboo presentecl the Board .~ith the foilo~ing:
3.
5.
6.
?.
]otal of 58 units - Z!3 duplex
~+ tcipiex
Located an 70 ac~'es
Private drive
Municipal se~sr and ~ater
Cut of the watershed
l~ acres to be developed, 58 acres open space
Duplexes
Triplexes -- 1,800 sq.ft.
The Board wanted ~o see the conve,~t~onal plan along with this plan.
There are three Form A Lots at the corner of the property possessing
eleven acres. The Form A Lots are for the Barker Family an.d will be
shown on the definitive plan as+~.~'~__ lots.
Erich Nitzsche asked if the aOOlicant was going to provide public access
to the Mazurenko Property. A1 Shabco said no because of the liability
to the owner. Erich stated that ~.f the road ever became a public way
there should be available, access to the property owned by the ]'own of
North Andover. John Simons commented on the possibility of passive
public access. George Barker- stated that a portion of the land would
have to have an agricultural easement so he could farm his land.
Chuck Kolbenson, 290 Barker Street. commented the following concerns:
wetlands being contaminated
effect on school systems
steep grades
up grading Barker Street
questioned lots being buildable
what benefit would it have to the neighborhood
agricultural issues
Paul Hedstrom asked the abutter if he knew what the 2bring Bylaw was.
Pau~ further stated that as an abutter he has no right to ask what
benefit he gets from such a development. Paul stated the owners have a
right to develop their land and at th~s point the Board has not acted on
any of the issues.
Phil Arrigo, an abutter, expressed concerns on the road location at the
bottom of the hill. John Simons s~ate~ that the Board always looks at
sight distance.
Naomie Gunler, Andofer resident, exoressed concerns about lack of
affordable housing in the Merrimack Valley area and wanted to know the
time factor invloved. Scott Stocking, ~own Planner, stated that the
applicant had to get a site letter from the Massachusetts Housing
Autlnority, to do that, a complete p~cI<~ge would have to be submitted.
He stated that only a small portion would have been affordable units and
the time involved would cost the owner a great deal.
George ~horv~ Bradford Street~ stated that he li~:ed the development but
the issue of th~ traffic and the speed of the vehicles concerned him.
Paul Hedstrom stated that the Boa~-d would have to make the determination
whether Barker S~reet could supmort the traffic as to sufficient width
and grade.
MOTION: By Paul Hedstrom to take the matter under advisement and
continue the public hearing and set up a sub-committee of John
Simons and Paul Hedstrom.
Second: Erich Nitzsche
VOTE: Unanimous of those present
Vice-Chairman, George Perna turned the meeting over to the Chairman,
Paul Hedmtrom at 9:30p.m.
Bruin Hill Subdivision
Jack Louge~ of Dana Perkins, spoke to the Board stating that this was a
continued hearing. Scott Stocking, Town Planner, stated that Erich
Nitzsche expressed concerns with the drainage and the 100 year storm
calculations. Jack Louge went over the calculations with Erich.
John Simons suggested that the applicant notify the Town of Boxford that
a subdivision is being proposed ~ear the town line. Jehn also asked if
Notice of Intent had been f~!ed with Conservation. Jack Louge stated
that Conservation asked him to look at two of the lots for possible
relocation of the seotic system to the front of the lots. He stated
that testing was to be done.
Erich Nitzsche is to review the drainage calculations, as well as Bill
Hmurciak of D.P.W. John Simons asked if landscaping was going to be
done near the roadway. Applicant stated he would comply.
Frank Dell'Orfano. 466 ~inteF Street~ asked if the Board had visited the
site. Paul Hedstrom stated thaS individually the Board members would
visited the site. John Simon~ stated that the pro,eot falls under
Phase Development, building half one year and half the next year. The
apolicant was not aware of it, but would comply. Mr Dell'Orfano aske~
about a traffic count. Scott Stocking stated only as to sight distance,
not a traffic count.
Erich Nitzsche stated that sl()pe protection was needed to the abutting
property.
MOTION: By Erich Nitzsche to close the public hearing and take the
matter under a~visement.
SECOND: George Perna
VOTE: Unanimous of those oresent.
Abbott Villaqe~_ Mc~'dification
Scott Stocking, Town Planner presented a draft decision to the Board
which is the same decision issued by the Board on February 29, ]988 for
this subdivision except for the changes requested by D.P.W. B~ll
Hmurciak stated the draft incorpor~i~,ed all his suggestions with the
exception of extenPing the cul-de-sac length to the 1~800~ as originally
submitted. He felt that the roadway would have a better chance of
connecting to Woodberry Lane if built to station 18+0.
The Board disagree£~ and wanted to keep the cul-de-sac at station i2+0.
]-he Board then discussed islands in the cul-de-sacs and building
Periwinkle Way t~) a 22' wide pavement section. Bill Hmurciak
recommended against both items and after a lengthy discussion agreed to
~eave the conditions as written in " -~
~bc Town Planners draft which removed
the island and increased the pe~vement section on Periwinkle Way to 26'
wide.
Upon a motion by George Peoria, seconded by, John Simons, the Board voted
to close the public hearing on this matter and voted to approve the
draft decision as prepared by [he Town Planner.
Mr Hedstrom stated to the applicant that the Board was taking this step
not to be adve?seal in thi~ matter, but because it felt obligated to
condtion the subdivision on 'File in some fashion. He stated a
w~llingness of the Board 'to work with the applciant and resolve the
issues under dispute in the suit b~-ought by the applciant under the
original decision issued on Febcua~y 29, 1988.
The Board then voted unanimously to app~ove the conditions and to have
them placed upon the plans fileo in the Registry of Deeds Office under
the Town Clerk's Certification.
Decisions
Chestnut Stree~ - Common Drivew~:y~
Scott Stocking stated that he had received a letter from the applicant
requesting an extension for two weeks to issue the decision, they want
to come in with a re¢ised plan.
MOTION: By Michael Leafy to g~ant ~-~ t~ee week extension to the
appiciant un'~ii June
SECOND: George Pecn~
VOTE: Unanimous of those p~-esent.
Texaco - Repetitive Petition
MOTION: By George Perna that there is substantial and material changes
in the app] ~cation b~tsec ~n data furnished to the Planner.
SECOND: Erich Nitzsche
VOTE: Unanimous of' those prese~t.
NOTE: Decision is part of the minutes.
P i G 1 o r i a - Rep e t i t, i v_e__.P_e.~j_L~_O ~2_~:__S..a_.l_e_l.i.
MOT[ON: By John Simons to deny the petition due to no substantial or
material change in the app]ication.
SECOND: George Per'ha
VOTE: Unanimous of those present.
NOTE: Decision is part of The minutes.
Lot 12 Coventry Estates - Definitive Modification
MOTION: By Erich Nitzsche ~o ~q~prove Che modification of condition ~7 as
revised as it applies to Lot 12 and hold till public works
visits the site due to erosion control.
SECOND: George Perna
VOTE: Unanimous of those present.
NOTE: Decision is part of minutes.
Approval Not Re_~u~.~
Woodcrest Drive - Lot Line
MOTION: By John Simons to approve sub:iect to taking off existing lot.
SECOND: George Perna
VOTE: Unanimous of' those present
Di~p~_s~.ion_ ~
Re-Zoninq_S__tudy - Hillside Road
Frank Serio spoke to the Board citin~ that t~e Board had asked the
applicant to withdraw from the Town Meeting on the re-zoning of HillsiOe
Road. Scott Stocking is to work with Michael Leacy, with Paul Hedstrom
the alternate. John Connery Associates to go over after three choices
are left.
Great Pond Preliminary
John Simons read a letter from the Police Department. Paul Hedstrom
stated that there are eight lots proposed that falls under the new
zoning in the watershed d~strict. Scott Stocking stated that the
decision was due June 16. Scott further stated that the plans were
filed on May 2, !988 anO that under preliminary plans filed the
requirements are not strict. Paul Hedstrom stated that the Board would
have to have a soecial meeting to vote on a decision on June 14~ 1988.
MOTION: By Michael Leafy to take the matter under advisement and
schedule a meeting for June iA for the decision.
SECOND: Erich Nitzsche
VOTE: Unanimous of those present.
John Simons read a letter from the Conservation Commission.
Rea Street - Preliminary' Plans
Scott Stocking, Town Planner received a letter from the applicant ask'ing
to withdrawal the preliminary plans,
MOTION: By John Simons to accept the withdrawal
SECOND: George Perna
Discussions
Salem Forest IV - PR~
At Shaboo spoke to the Board stating tmat this was discussion only and
that a preliminary plan was submitted on the subdivision of 8 lots and
disapproved. What is being p~-oposed is a PRD with q duplexes, 8 units.
Access would be from Raleigh Tavern Lane. The property possesses 14
acres. The applicant wanted feed back from the Board on three different
concepts. Scott Stocking, Town Planner is to study the preliminary
plans on the PRD.
Woodchuck Grove - PRD
A1 Shaboo spoke to the Board again stating that this was for discussion
purposes only. He gave a brief description of the proposed~pcojec~,
which is located off Salem Street near Fuller Road. A sewer system is
being proposed witb~ a joint effort between A1 Shaboo's client and Ben
Osgood. The applicant would like feed back on the proposed. John
Simons felt that there were otne~ o~tion rather than what the engineer
has before the B,Jard. Scott Stcc~<ing, Town Planner, to give the Board
recommendations,
Erich Nitzsche asked At Shabo'~ if .~e ba~] s~oken to Ben Osgoo~ regarding
one entrance to both parcels. Scott S'~,ocking stated that because of the
grades in the hi il it woulC] be h~)crendous. Staff is to review the plans.
Scott Stocking, Town Planner, summarized by saying back in i978 the land
was subdivided i~'~ such a way that the back land which Mr Nelson owns had
access to the Penni Lane right-o~'--way ~y a tangent. There was a fifty
foot easement ~equirement on Lot 10 by the Board in order to allow an
access to Mr Nelson's property. The deed was recorded~ the easements
were there, however, when the developer, Scott Fcllensbee, sold Lot I0,
he retained the easement. Everything on Lot 10 was transferred except
the easement. Scott Stocking to look ~.nto how the easement was handled,
whether by Town Meeting or by an instrument. Mr Charles ~leison owns ~.9
acres that he would like to sell but h~s no access.
Brookview Estates - Extension Request
Scott Stocking stazeO that the eng~neei~, Tom Neve was asking for an
extension in o~-der to to get ail the material together from his
consultants.
MOTION: By George Peoria ~o ~tccept the extension until August 1988.
SECOND: Erich Nitzsche
VO~E: Unanimous of those present.
Subdivision
Scott Stocking, Town Pianner~ stated that the app!icant has asked the
Board for an extension for ninezy ~ay~ from June 16, 1988.
MO~ION: By George P~rna to accebt 'i;he e:~tension for ninety days.
SECOND: M~ cnaei
VOTE: Unanimous= o~ tho~se pc~-~se?it.
Brook Farm - Siqn Plans
]-he Planning Board signed the plans for Brook Fan-in Subdivision.
i070 Osqood Street
Scott Stocking, Town Pl~nne~-~ requested permission to ~end a letter
regarding the !.E.P. Report. The Board grmn~ed his request.
Spri_n~ Hill Detention Pond
The Chairm~n, Paul Hedstrom ~sked ~hat this matter be placed on the
agenda to discuss the condition of the detention pond~ John SimOns
asked if there was any bond money on Sp.r.ing H~li SubdivisionS. The
applicant is to be notified of the next meeting for discussion of the
area.
with Board of Selectmen
A meeting with the Board oT Selectmen has been schedoled for June 13,
1988 to discuss the goals and concerns of the Planning Board.
Jeffre% Place - Siqn Plans
'lhe Planning Board signed the plans for Jeffrey Place and will hold for
conditions to be put on the plans.
Carlton Farms - Bond Release
Letter received from D.P.W. recommending no release at this time.
MOTION: By John Simons not to re:lease any bond money on Carlton Farms at
this time.
SECOND: Michael LeaFy
VOTE: Unanimous of those present.
Breckenrid~. - Lot Release
MOTION: By John Simons to sign the Lot Release Form.
SECOND: Michael Leary ,
VOTE: Unanimous of those present.
Wintecqreen Estates -. Lot Release
MOTION: By John Simons to sign the Lot Release.
SECOND: Michael LeaFy
VOTE: Unanimous of those present.
Place Conveyance of Easements & Utilities
Brook Farm - Covenant
~gon Wheels - Conveyance of Easements & Utilities
MOTION: By John Simons that the Chairman review the covenants and
easement documents.
SECOND: Michael LeaFy
VOTE: Unanimous of those present.