HomeMy WebLinkAbout1988-09-08On September 8, 1988, the North Andover Planning Board canceled their
scheduled meeting due to the lack of a quorum. The meeting was
reecheduled for September 13, 1988
The North Andover Planning Board held a meeting on ?uesday evening,
September 13, 1988 in the Town Hall, Library/Conference Room. The
meeting was called to order at 8.01 p.m. by the Chairman, Paul
Hedstrom. Also present were George Perna, Vice-Chairman; Erich Nitzsche
and Michael Leary. John Simons, Clerk, arrived at 8:15 p.m.
Public Hearinq
Girl Scouts - Site Plan Review
Erich Nitzsche read the legal notice to open the public hearing.
Letters were received and read from the State D.P.W. and the applicant.
The petitioner seeks a Special Permit under Section 8.3 of the North
Andover Zoning Bylaw. The purpose of the Site Plan is to review the
proposal to construct a 1,719 sq.ft, addition to an existing building
for office/retail on land containing 49,400 sq.ft, on the north side of
Route 114 in a Village Residential (VR) Zoning District.
Scott Stocking, Town Planner, stated that the Board of APpeals has
granted a special permit for the continuing of a non-conforming use and
a variance of 1OO' setback regulation on Route 114.
The applicant, in his letter, has asked for a continuance of the public
hearing until September 22nd. A motion was made by George Perna to
continue the public hearing until September 22, 1988. The motion was
seconded by Michael Leary and the Board voted unanimously to continue
the public hearing.
Planninq Board Fee Structure
Erich Nitzsche read the legal notice to open the public hearing.
Scott Stocking, Town Planner, stated that the fees were increased about
a month ago. Scott further stated that the fee for PRD Special Permit
was raised from $25 to $150 filing fee, $200 per unit.
Paul Hedstrom commented that hiring a consultant would cost similar.
Scott Stocking stated that the fee was based on that of the definitive
subdivision fee.
Michael Leary stated that we should develop costs without increasing
revenue. Scott Stocking stated that Samuel Thomas' project has already
taken 3 days to review and would probably be a total of 5 days. Scott
further stated that the goal was to get the department to be self
sufficient. The concensus of the Board is to check with four or five
other towns on their fee structure. Scott is to do the survey.
MOTION: By Erich Nitzsche to continue the public hearing to September
22, 1988.
SBCOND~ Michael Leafy
VOTE: Unanimous
Woodchuck Grove - PRD Definitive Subdivision
Special Permit - Common Driveway
Erich Nitzsche read the legal notices to open the public hearing on the
PRD Definitive Subdivision and the Special Permit for Common Driveways.
Letters were received and read from the Conservation Commission and the
Fire Department.
AL Shaboo, Design Engineering, stated that in essence, this was a
continuation of the PRD application and submittal of Definitive
Subdivision Plan running simultaneously. A1 stated that the Notice of
Intent has been filed with the Conservation Commission and that the
hearing held two weeks ago was continued. A site visit was conducted by
the Conservation Commission and it was determined that it was not an
isolated wetland.
Following a brief discussion on the drainage calculations, Erich
Nitzsche stated that he was not satisfied with the calculations and
asked for additional information.
Scott Stocking, Town Planner, recommended to close the hearing on the
PRD Cluster Development concept and render a decision on that concept.
Erich Nitzsche said he did not have a problem closing the PRD
application but if it was not closed, an extension would be needed
beyond September 30th.
George Perna wanted a recap, a delineation of the open space. A1 Shaboo
showed George on the plans. A1 stated that the roadway was somewhat
shorter from 1,7OO ft down to 1,1OO and that the lot sizes were
reduced. George Perna asked if it would be a public road. A1 said yes.
Bill Hmurciak, D.P.W. said he was comfortable with an 8% road grade.
John Willis stated that he would like the public hearing closed on the
PRD Special Permit. Paul Hedstrom said there was a range of issues to
be resolved. The subdivision process was not complete. Scott Stocking,
Town Planner summarized his view and interpretation of the PRD Zoning
Bylaw. There are three hearings:
PRD - Cluster Concept - Density
Subdivision - Rules and Regulations
Special Permit
Paul Hedstrom asked for public input.
Marsha Lydke, an abutter, Lot 12 Fuller Road, asked in layman terms what
the letter from the Conservation Commission said. Paul Hedstrom
explained that the Conservation Commission has written the Planning
Board a letter which raised 5 issues that are Conservation issues and
not Planning issues with the exception of the drainage. Drainage is
relevant to the Planning process; to clustering, road grades, surface
water, run-off and drainage.
The bottom line is that the design of the retention area as shown is not
appropriate.
MOTION: By George Perna to accept an extension on the PRD until October
30, 1988.
SECOND: John Simons
VOTE: Unanimous
MOTION: By George Perna to continue the public hearing on the Common
Driveway Special Permit to the October 6, 1988 meeting.
SECOND: Erich Nitzsche
VOTE: Unanimous
The Plaaning Board recessed for ten (10) minutes. A motion was made by
George Perna to recess for ten minutes. The motion was seconded by
Erich Nitzsche and voted unanimously by those present.
The Planning Board reconvened at 9:03 p.m.
Frances & Florence Estates - Definitive Modification
Scott Stocking, Town Planner, recapped why the applicant was before the
Board. The applicant is requesting to modify the decision which states
connection with a sewer. Applicant would like septic systems because of
the delay in the sewer lines. D.P.W. said there are no provisions to
tie into Conventry Estates. Scott Stocking stated that an Order of
Conditions has been issued from the Conservation Commission. All lots
in the Florence Estates would require a new Notice of Intent. Paul
Hedstrom questioned if the Town has the legal right to ask applicant to
tie into a sewer. Erich Nitzsche stated in the past four (4) years lots
of plans have depended on sewer connection.
Veronica Mandry, an abutter, spoke to the Board regarding septic
systems being too close to her land and she does not want them to drain
to her property.
Paul Hedstrom said the Planning Board would send a letter to the Board
of Health on Mrs. Mandry's concerns.
Bill Hmuricak, D.P.W., stated that the original plans show the
subdivision approved with a pumping station.
Michael Leafy asked William Shack on the progress with Ben Osgood on the
possible sewer connection. Mr. Shack said that he had been talking to
Mr. Osgood. Bill Hmurciak stated that it would cost approximately
$175,000 to $225,000 for off-site sewer and that the applicant does not
have to pay the entire off-site sewer, that Mr. Osgood would pay 2/3 of
the cost. Bill further stated that a bond between Mr. Osgood and the
applicant should be posted. Scott Stocking stated that the decision
should be worded with security put up with the eventual sewer (dry) to
be in service. Bill Hmurciak has been negotiating with Mr. Osgood.
Paul Hedstrom said he would like written input from Mr. Osgood relative
to the sewer issue. Scott Stocking stated that the deadline for the
decision was September 19, 1988 and that an extension was needed to
address other issues.
MOTION: By George Perna to accept an extension of two weeks and close
the public hearing.
SECOND: Erich Nitzsche
VOTE: Unanimous
Lot 3A Bayfield Drive - Site Plan Review
Jerry Fortin, Richard F. Kaminski & Associates, spoke to the Board
regarding an Order of Conditions from the Conservation Commission. The
applicant is going back to Conservation to try and amend their Order of
Condition.
Paul Hedstrom stated that part of the conditions to be traffic lights at
Willow Street and Route 114.
A motion was made by Erich Nitzsche to close the public hearing and
instruct Staff to draft the decision. The motion was seconded by George
Perna and was voted unanimous by the Board.
Decisions/Discussions
Hickory Hill PRD
MOTION: By George Perna to accept an extension until September 24, 1988
for a decision.
SECOND: Michael Leafy
VOTE: Unanimous
Lot F Flaqship Drive - Site Plan Review
Following a lengthy discussion John Simons and Paul Hedstrom agreed to
work on the decision and have it ready for September 22, 1988. No
motion in order.
Beijing Restaurant - Site Plan Review
After a brief discussion relating to the on-going sewer problem, Erich
Nltzsche made a motion to approve the Special Permit, Site Plan Review
in accordance with the draft decision and supplimented by an additional
landscaping plan. George Perna seconded the motion and the Board voted
unanimously.
NOTE: Decision is part of minutes.
C&D Realty Trust - Site Plan Review
Following a brief discussion on the landscaping in front of the
building, along the street, the Planning Board amended the draft
decision. A motion was made by George Perna to accept the draft
decision as amended and conditionally approve the Site Plan. The motion
was seconded by Erich Nitzsche and voted unanimously by the Board.
NOTE: Decision is part of minutes.
J.N. Phillips Glass - Site Plan Review
Following a brief discussion on the proposed sign, the Board amended the
draft decision. John Simons made a motion to approve the Site Plan
subject to the amendments of the wood sign. The motion was seconded by
Erich Nltzsche and voted unanimously by the Board.
NOTE: Decision is part of minutes.
Micromatics - Site Plan Review
After a brief discussion on the landscaping issues, a motion was made by
Michael Leary to approve the drafted decision as amended incorporating
the necessary language changes. The motion was seconded by Erich
Nitzsche and voted unanimously by the Board.
NOTE: Decision is part of minutes.
Open Space Dedication Policy
MOTION: By John Simons to accept the draft policy.
SECOND: Michael Leary
VOTE: Unanimous
Approval Not Required Form A Plans
Flagship Drive - Creating a Lot
MOTION: By John Simons to disapprove the plans because it constitutes a
subdivision .
SECOND: Michael Leary
VOTE: Unanimous
NOTE: Erich Nitzsche stated that courts have ruled, you can deny a
Form A Plan if it does not have real and usable access to a
public way.
Breckenridge Road - Lot Line Adjustment
MOTION: George Perna to approve the Form A Plan.
SECOND~ Michael Leary
VOTE: Unanimous
Os~ood Street - Creating a Lot
MOTION: By John Simons to approve the Form A Plan.
SECOND: Michael Leafy
VOTE: Unanimous
Bonds
Windsor Lane - As-Built Plans
MOTION: By Michael Leary to accept the As-Built Plans
SECOND, Erich Nitzsche
VOTE~ Unanimous
Turner Estates - Bond Release
MOTION: By Michael Leary to release a portion of the bond as recommended
by Bill Mmurciak, D.P.W.
SECOND~ Erich Nitzsche
VOTE, Unanimous
Rea Street - Bond Releas~
MOTION: By Michael to release in accordance with the recommendation of
the Public Works Department.
SECOND~ Erich Nitzsche
VOTE: Unanimous
Follansbee Bonds
Staff is trying to calculate what is being held in relation to Scott
Follansbee.
French Farm - Bond Update
Status of the bond being held by the Planning Board.
balance in the account.
Minutes
There is still a
April 14, 1988; April 21, 1988; May 12, 1988; June 2, 1988; June 16,
1988; June 30, 1988
MOTION: By Erich Nitzsche to approve the minutes as written.
SECOND: Michael Leafy
VOTE: Unanimous
MOTION: By John Simons to adjourn the meeting.
SECOND: Michael Leary
VOTE: Unanimous
The Planning Board adjourned the meeting at 11:50 p.m.
Paul A. Hedstrom, Chairman
anet L. Eaton, Secretary