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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.