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HomeMy WebLinkAbout1988-07-21The North Andover Planning Board held a regular meeting on Thursday evening, July 21, 1988 in the Town Hall Selectmen's Meeting Room. The meeting was called to order at 8:03 p.m. by the Chairman, Paul Hedstrom. Also present were John Simons, Clerk; Erich Nitzsche and Michael Lear¥. George Perna, Vice-Chairman was absent. Public Hearings Frances & Florence Estates Subdivision Modification John Simons read the legal notices to open the two public hearings. Scott Stocking, Town Planner summarized the issues relative to the modification: use of septic tanks on the remaining lots sewer line and sewer line extension Scott stated that there was an agreement a year ago between the Board and the developer for the extension of the sewer to the development. Erich Nitzsche stated that septic systems were for 3 lots only and temporary. Scott said that on the issue of the extension of the main sewer line connecting with Coventry's lift station which would provide service to Frances and Florences Estates, Coventry Estates and Abbott Village, a joint effort, were to be discussed. William Shack, attorney representing the applicants, stated that he was requesting the modification because of the length of the delay in completing the sewer line. The new owners are asking to install septic systems until the connection can be made. John Simons asked if there were plans. Scott Stocking said yes, the original plans that were approved. Erich Nitzsche asked if there were septic system designs for the remaining lots that are not built on yet. Mr. Masse, engineer, stated that he wanted approval to put the septic system in before plans are designed. Paul Hedstrom stated that part of the planning process is input from the Board of Health and the only issue relative to the Frances and Florence Estates is the modification of the conditions related to sewer connection and septic systems. John Simons asked if perc tests were done. Attorney Shack stated that the applicant did not have permission to do testing. Hr. Masse, engineer, stated that on the original submission, those tests were done on a few lots. Paul Hedstrom asked Bill Hmurciak, what D.P.W. position was with regards to the issues before the Board. Bill Hmurciak stated that the issue is that if there is approval granted for a different means of disposal on the site, what does it do to the extension of the sewer to the pumping station that exists now adjacent to Salem Street. If they develop the entire property with septic systems, and that sewer is not installed, will it ever be installed, who will install it and who will pay for it and are there any loose ends relative to that entire circumstance. Richard Pandolfo, Frances Estates, stated that the sewer pipe was in the Frances Estates Subdivision and three homes are tied into it. He also stated that the developer intends to comply with the construction requirements. Paul Hedstrom stated that the conditions will have to be met as to having a sewer pipe in place. Paul asked the applicant if he objected to the recommendations of D.P.W. with the off-site facilities request. The applicant was not sure what they were asking for. Abutters present expressing concerns were Veronica Mandry, Pay Averka, Joel Averka and Cathy Oullette. Their concerns are summarized as follows: 2. 3. 4. Sewage retention pond flooding large amounts of water on properties if septic systems are put in will motivation for sewer systems decrease Paul Hedstrom stated that the Planning Board will have Public Works look into problems of the abutters and report back to the Planning Board. Erich Nitzsche suggested a site visit. MOTION~ By John Simons to continue the public hearing to August 4th and send a letter to D.P.W. to investigate the drainage and to the Board of Health concerning the septic system issue. SECOND: Erich Nitzsche VOTE: Unanimous of those present. Bear Hill Bond Ceasing John Simons read the legal notice to open the public hearing. MOTION: By Erich Nitzsche to cease the bond for Bear Hill Subdivision. SECOND: Michael Leary VOTE: Unanimous of those present. 7 Hodqes Street - Site Plan Review; John Simons read the legal notice to open the public hearing. Letters were received and read from the Highway Department, Public Works Department, and the Police Department. Scott Stocking, Town Planner, summarized by stating that it came to his attention when Mr. Daigle tried to get a Certificate of Occupancy. Extensive renovations have been done of the building as well as expanding. He did not go to the Board of Appeals, as required, to expand a nonconforming structure. The lot is nonconforming under General Business District. Also in violation, Site Plan Review is needed. Applicant was sent to the Board of Appeals to see if he had permission to do what he did. The Board of Appeals held a number of meetings in which there were revisions to the plans. The main concern by staff on the whole proposal was that the building would have adequate parking for the commercial uses that would locate there and that it would be designed properly. The Board of Appeals voted unfortunately to accept that plan without staff input. As it stands they are at Site Plan Review with a decision from the Board of Appeals which approves the current design before the Board. Erich Nitzsche asked who owned Parcel A. Scott stated that Mr Daigle was the owner. Roger Dupont, attorney representing Mr. Daigle, agreed with Scott Stocking's summarization. He said that it was a bit unusual. Mr Daigle applied for a building permit in early 1987 and at that time there was a change in the Building Inspectors and after the building permit was granted, Mr. Daigle expended quite a bit of money on construction and alterations and then told that the permit should not have been granted and the Occupancy Permit would not be issued. Mr Daigle was told he needed a Special Permit, in addition, he appealed the decision of the Building Inspector. Attorney Dupont elaborated on the concerns of the Planning Department and those concerns were incorporated in his plans. Plans are submitted on the parking spaces. Upon reviewing those plans, the Planning Board still had concerns of traffic issues and public safety. Paul Hedstrom stated that with all the input from Town departments and their concerns with the safety issues, there should be a better way that the parking lot be designed. Attorney Dupont stated that by redesigning the parking area on Parcel "A", it would eliminate any further development of that parcel. Erich Nitzsche questioned the parking requirements for this building. Attorney Dupont said he could not answer the question because it was not addressed with the Board of Appeals. Paul Hedstrom stated that the Planning Board was asking the applicant to look at the parking situation. Attorney Dupont stated that his client came before the Planning Board to address the landscaping and what was going to be required for the sidewalks and he felt that the parking issue was addressed by the Board of Appeals and their approval. Scott Stocking asked Bill Mmurciak, D.P.W., to elaborate on the letters from D.P.W. Bill Hmurciak stated that the Driveway Entry Permit is a Bylaw that allows D.P.W. to give or not give permits to someone who is seeking access to a public way. essentially, based on what he sees D.P.W. will not issue the permit. Paul Hedstrom asked if there were any other questions. Christine Allen, an abutter expressed concerns of the parking, traffic and the safety of the children. Maureen Wazine, Morton Street, cited Morton Street being a one-way with a small sign. Joseph Giard, former owner cited other business on May Street that back out into May Street. i.e. Roll's and Caron's. Peter Voisine, Morton Street also expressed concerns of safety. MOTIONz By John Simons to close the public hearing and take the matter under advisement. SECOND: Erich Nitzsche VOTEz Unanimous of those present Lot F Flaqship Drive The applicant requested and extension until August 4, 1988. MOTION~ By John Simons to accept the extension SECOND: Erich Nitzsche VOTE: Unanimous of those present The Planning Board recessed at 9:30 MOTION, By John Simons to recess for ten minutes SECOND~ Erich Nitzsche VOTE~ Unanimous of those present At 9:40 p.m. the Planning Board reconvened Brookview Estates Tom Neve, Thomas E. Neve Associates, spoke to the Board regarding the traffic study that was being done for Brookview Estates. Tom Neve said he expects the full report next week. Tom also said that a marketing consultant has been hired to do a study on the highest and best use of the property. He stated that he would like to get back to the Board on the second meeting in August. The Board agreed to the second meeting in August. North Andover Business Park - Preliminary Plan~ John Simons read letters from D.P.W. and 2 letters from the fire Department. Tom Neve was present representing the Bayfield Company and Channel Building Company and presented the Board with a proposal to develop the property between the North Andover Business Park and Flagship Drive. There is extensive wetland and the plans propose crossing the wetlands in two places, altering approximately 9,000 sq.ft, of bordering vegetated wetlands and replacing an equal amount. The plans show a proposal for a land swap with Odgan Foods. All provisions for building a road including reserving a 50' strip of land owned by Kenics have been taken care of. There are four lots in the new area. The connection of the roads would help with some of the traffic problems in the area. Tom Neve said he has one problem with the proposal and that is with the COnservation Commission. He went before the Commission last night. He said his client, Mr. Webster, was accused of coming into this area and annihilating the wetlands in the North Andover Business Park with total disregards to the Wetland Protection Act. Tom Neve stated that he has had a lot of cooperation with the Departments in Town and that the original plans have been revised after working with the different departments. Conservation had asked that the road go around the wetlands. The plans were drawn up showing an extra 1,5OO sq.ft., of road showing no benefit. Jim Bourgeois spoke on issues relative to the project: 1. Alignment of the road 2. Reclassification of the wetlands 3. Classification of the roadway being a limited project He said as for the issue on alignment of the road, land has been acquired; on the reclassification of wetlands, the issue was dropped and they are staying with I.E.P.'s flagging; the limited project issue is still on the table. Tom Neve stated that the development team feels confident that it is a limited project. Erich Nitzsche stated that he was familiar with the project and based on the letters received wanted to approve the preliminary plans. John Simons questioned two lots shown on the plans. Tom Neve answered by saying that one of the lots was part of the land swap, the other was showing the 50' 'strip on the Kenics property. Paul Hedstrom commented on the need for a traffic light at Willow Street and Route 114. Jim Bourgeois said that he has been working on the situation with Mass D.P.W. Jack Lindon, Conservation Commission stated that the Commission's policy on was no filling of wetlands and that the Commission was not convenienced that it is a "limited project". Following a lengthy discussion on limited projects, wetland filling and the configuration of the roadway, John Simons made a motion to closed the public hearing and take the matter under advisement. The motion was seconded be Michael Leafy and the Board voted unanimous. The decision is due for the second meeting in August. Decisions/Discussions A.D.S. Manaqement - Nursing Home Scott Stocking asked the Board if he could read into the record, proposed amendments for the decision. Those amendments were: 1. Condition $2.3 strike D.E.Q.E. - stating it meets Title V requirements. 2. Condition $7 Certification not specified - should be Certificate of Need from Public Health. 3. Condition #8 changing language to correspond to the Board of Appeals - The existing house has to be utilized as an ancillary to the facility. 4. Type error Scott Stocking stated that a letter was received from D.P.W.. He read the letter and comments contained in the letter will be incorporated in the decision. Erich Nitzsche added that No Certificate of Occupancy shall be issued prior to a certified As-Built Plan being presented and accepted by the Board which verifies that the project was constructed as shown on the plan. John Simons wanted to address the landscaping on the property. Scott Stocking said that the landscaping issues were addressed in the draft decision. MOTION: By John Simons to approve the decision subject to the written decision and amendments discussed. SECOND: Michael Lear¥ VOTE: Unanimous NOTE: Decision is part of minutes. Approval Not Required Form A's Libertv Street - MOTION: By John Simons to approve the Form A. SECOND: Michael Leary VOTE: Unanimous Water Street MOTION: By John Simons to deny the Form A because of'insufficient frontage and building in the middle of property. SECOND: Erich Nitzsche VOTE: Unanimous Discussion Penni Lane Easement Paul Hedstrom stated that there was a need for the Town to acquire an easement on Penni Lane to connect and develop two roads. The easement is being held by Scott Follansbee. Bond money is being researched for projects done by Mr. Follansbee to be released upon receipt of the easement. MOTION: By Michael Leary to go into Executive Session to discuss MacMiff Common Driveway which is in litigation. SECOND: Erich Nitzsche VOTE: Unanimous The Planning Board came out of Executive Session at 11:14 p.m. Discussion Planning Board Bylaw Adoption Scott Stocking went over the proposed Planning Board Bylaw pacifically relating to the fee structure which is more in line with surrounding Towns. (Site Plans) Paul Hedstrom stated that he supported the $150.00 fee for Site Plan Review. John Simons agreed with Paul Hedstrom on the Site Plan Review fee but commented further on Special Permits, citing that they should be less than those fee for subdivisions and separating Common Driveway Special Permits from P.R.D. Special Permits. MOTION: By John Simons to adopt the Planning Board Bylaw. SECOND: Erich Nitzsche VOTE: Unanimous Half Moon Woods Scott Stocking stated that in the decision for Half Moon Woods, a condition was put in relative to Lot 5, which says: "If the applicant did not receive an approved septic system for Lot 5 by July 1, that it would revert to Conservation property." Scott Stocking stated that he has received a letter from the applicant and essentially he has not received approval of septic system on Lot 5. Paul Hedstrom stated that the applicant basically has to come in and formally file for a modification to change the decision. The applicant will be notified. Bonds Turner Estates The applicant is requesting an extension for the completion date of the subdivision. MOTION: By John Simons to accept the extension for completion date . SECOND: Erich Nitzsche VOTE: Unanimous of those present. Wagon Wheels - Siqn Plans The Planning Board signed the plans for Wagon Wheels Estates. MOTION: By John Simons to adjourn the meeting. SECOND: Michael Leary VOTE: Unanimous of those present The Planning Board adjourned at 11:25 p.m. A .... fato~, Sec~%tary Paul . Hedstrom, Chairman ~anet L.