HomeMy WebLinkAbout1988-11-17The North Andover Planning Board held a regular meeting on November 17,
1988 in the Town Hall, Selectmen's Meeting Room. The meeting was called
to order at 7:45 p.m. by George Perna, Vice Chairman. Also present were
Erich Nitzsche and Michael Leary. Paul Medstrom, Chairman arrived at
8:08 p.m. John Simons was absent.
Discussions
Proposed Bylaws for Town Meeting 1989
Scott Stocking, Town Planner, stated that there were four sections of
the Zoning Bylaws that were being addressed. They are:
2.
3.
4.
Section 2 Definitions
Section 6 Sign Regulations
Section 8.7 Home Occupations
Section 8.8 Driveway Spacing Standards.
George Perna requested that Scott highlight the changes.
to get copies of the draft.
Board members
Scott Stocking stated that there were potential amendments that should
be addressed. They are:
1. Section 4 Use Groups
2. Section 4.126 Business 2 District (Downtown Zoning
District).
3. Dimension Table Footnotes; place within the regulations
4. Might remove the B-4 District.
George Perna suggested a committee possibly some of the merchants.
Erich Nitzsche stated that this would not be a project for this Town
Meeting, project is too large.
George Perna suggested that Scott Stocking start working on the
Dimension Table Footnotes.
Scott Stocking asked the Board members if there was anything they wanted
addressed. They did not identify any areas outside of the Town Planners
suggestions.
NACC Hearing on Willow Street/Flagship Drive
Scott Stocking told the Board of a meeting at the Conservation
Commission on the Willow Street/Flagship Drive connection. The public
hearing is for the Notice of Intent The meeting will be November 22,
1988. '
~ilco Subdivision - Requesting an Extension
Applicant is requesting a 90 day extension from December 1, 1988.
Stocking briefed the Board on the circumstances behind all the
extensions. The Board members expressed concerns for the many
extensions and stated the this would be the last extension.
Scott
MOTION: By Michael Leary to accept the extension.
SECOND: Erich Nitzsche
VOTE: Unanimous of those present.
George Perna turned the meeting over to the Chairman, Paul Hedstrom at
8:10 p.m.
Public Hearings
7 Hodges Street - Site Plan Review
Erich Nitzsche read the legal notice to open the public hearing.
Scott Stocking, Town Planner, gave some background on this application,
citing variances that the applicant received from the Board of Appeals.
One of the issues the Board was concerned with was the parking. The
existing building will have parking across the street. In addition to
the parking lot, an apartment building will be built on this lot. There
will be a crosswalk from the parking lot to 7 Hodges Street. Fifteen
parking spaces have been dedicated by an easement document and recorded
at the Registry of Deeds Office, for the structure located at 7 Hodges
STreet.
Robert Daigle stated that there will be six (6) apartments in the
proposed building; three (3) are for the elderly; three (3) will be at
market rate.
Erich Nitzsche asked if the Planning Board had a copy of the document
that dedicated the fifteen parking spaces to 7 Hodges Street. Scott
Stocking said yes.
William McLeod, P.E. was present representing Robert Daigle. Mr Dalgle
spoke to the Board stating that the building was approximately 60 feet
wide and 24 feet deep. There are 3 apartments proposed on each side of
the building for a total of six units. The floor plan shows two one
bedroom apartments on the lower level; a one bedroom and a two bedroom
apartment on the second level; and two, two bedroom apartments on the
third level. The height of the building will 32 feet high.
George Perna questioned the landscaping on the lot. Mr. McLeod said
there was no room for shrubs in front of the building. Mr. Daigle said
trees will be planted on the perimeter of the site and lawn on the back
side of the building and on the south side of the property.
Paul Hedstrom asked if anyone else had comments on the proposed. Larry
Allen, 3 Belmont Street, said he would like a one-way sign on Morton
Street. Maureen Voisine, 8 Morton, Street would like to see a stop sign
at the intersection of May and Hodges Streets.
MOTION: By Erich Nitzsche to close the public hearing for a decision on
December 1, 1988.
SECOND: Michael Leary
VOTE: Unanimous of those present.
Riparian Realty Trust - Site Plan Review
Erich Nitzsche read the legal notice to open the public hearing. Dennis
Cronin was present representing the applicant.
Mr. Cronin stated that there were two lots. One of the projects
proposed is a major site plan and the other is an intermediate project.
He stated that he has met with the Technical Review Committee.
William Bergeron, Hayes Engineering spoke to the Board. He stated that
the buildings would be two stories. There are two independent proposal
on 14.7 acres. Conservation Commission has had a hearing on this
project.
George Perna asked what the use was of the buildings. Mr. Bergeron
stated the they would be used for office and manufacturing. He said
that there was substantial amount of wetlands on the property, that
there were two separate watersheds. Drainage calculations were
submitted for the 2, 10 and 100 year event. There will be on-site
septic systems.
Erich Nitzsche questioned the septic systems and the lots.
Paul Hedstrom questioned the zoning.
William Bergeron stated the they would be connecting to the sewer when
available.
George Perna asked what guarantee was there for the sewer connection.
Paul Hedstrom said a covenant.
Mr. Bergeron said that they needed Fire Department approval for the
location of the hydrants and alarm system. The proposed has been
reduced by 26,200 sq.ft.to 96,200 sq.ft. There 5% for retail (or fast
food), 45 % for office use, and 50% for industrial use. Scott Stocking
asked that the maximum (10%) be used for retail/restaurant. The issue
stressed because of parking using the largest scenario. Scott Stocking
read from the Bylaw.
Dennis Cronin asked if there was a condition that could be made relative
to the issue. The Town Planner has asked the Building Inspector to
clarify the matter.
William Bergeron spoke on a traffic study that was done. He said that
MEPA, State D.P.W. have copies.
George Perna spoke on the curb-cut on Route 114. Mr. Bergeron stated
that deceleration and accelerations lanes would be combined with those
of the Elm Square Project. He also stated that there would be limited
tree cutting.
Erich Nitzsche questioned the landscaping on Berry Street Mr. Bergeron
said that Arborvitae would be used.
Scott Stocking questioned the timetable on the MEPA filing. The
response from Mr. Bergeron was next week. Scott stated that it is a
policy of the Board not to close the public hearing until a report comes
in on the MEPA Filing.
Erich Nitzsche said that the proposed project is abutting the wetlands
with no buffer.
Scott Stocking asked Bill Hmurciak if he had concerns. Bill Hmurciak,
D.P.W. stated he had concerns with Berry Street being only 18' wide.
George Perna stated that he would like to see Berry Street up-graded.
Erich Nitzsche said he felt that the project was squeezing the site.
Nancy Houghton, Berry Street abutter, wanted to know the hours for the
manufacturing. She cited loud noise already from the Elm Square site.
Paul Hedstrom read from the Bylaw citing no nucience to an area.
MOTIONs By George Perna to continue the public hearing until December
15, 1988.
SECOND: Erich Nitzsche
VOTE: Unanimous of those present.
Samuel Phillips Common - Independent Elderly Housinq
Scott Stocking, Town Planner, stated that he had received a letter from
DiCara, Selig, Sawyer & Holt, the attorneys for Samuel Thomas, on the
issue of Phillips Brooks Road. The letter stated that Phillips Brook
Road is in fact a private way and thus should be owed, along with a one
to two foot "spite strip", by the successors to the title of the Edmund
M. Warren Realty Company. Present at the meeting was Asa E. Phillips
III, attorney from DiCara, Selig, Sawyer & Holt. He further elaborated
on the Phillips Brooks Road.
Gary Puryear summarized the issues that remained. Those issues were~
drainage calculations
easement along Phillips Brooks Road.
Phil Christiansen commented on the calculations and that he gave Bill
Hmurciak those figures along with the 2, 10 and 1OO year storm event.
Because of the Boards concerns with the calculations and the drainage,
Phil Christiansen supplied the Board with design drawings with new
calculations. The 2 10 and 1OO years storm event figures were reduced
with the new design.
Paul Hedstrom said that As-Built Plans will be a requirement in the
decision.
Gary Puryear showed the Board two scenarios of parking on the Phillips
Brook Road end of the development.
MOTION: By George Perna to close the public hearing and take the matter
under advisement and instruct staff to draft a positive decision.
SECOND: Erich nitzsche
VOTE: Unanimous of those present.
AT&T Technologies - Site Plan Review
Erich Nitzsche read the legal notice to open the public hearing.
Gerald Gingras, engineer, stated the use of the structure to be for
radio frequency interference testing on telephone equipment, The
structure is translucent to radio waves. It would be made of fabric in
the shape of a dome. A solid building would reflect energy and would
give tremendous errors in testing.
George Perna questioned if there was a safety problem with the airport.
Mr Gingras stated that he has checked with the airport and checked out
where the localizers and glide slope transmitters were and the
frequencies they use and found that they were different with no
interference with the airport.
Following a brief discussion on technical material, the Board requested
more information for the files on any radiation levels. The Board
expressed concerns with those levels. Mr. Gingras reassured the Board
and will supply that information.
The Board requested a letter from the Lawrence Airport Commission
stating that the proposed facility will not interfere with its daily
operations. .
The structure will be 45' high and inflatable. Due to the sensativity
of the testing there will be no sprinkler system in the structure.
There will be hand held fire extinguishers. Duration of the structure
could be as much as twenty years. The structures are inspected every
two years by the manufacture. They are made of treated vinyl.
MOTION~ George Perna to close the public hearing and take the matter
under advisement.
SECOND~ Michael Leary
VOTEs Unanimous of those present.
Woodchuck Grove - PRD
Scott Stocking stated that he had received a letter from John Willis
requesting and extension until January 31, 1989.
MOTION~ By Michael Leary to accept the extension until January 31, 1989.
SECOND: George Perna
VOTE: George Perna, Michael Leary and Paul Hedstrom voted in favor
Erich Nitzsche abstained because he was absent during the public
hearing.
Discussions/Decisions
Chestnut Street - Four Common Driveway Special Permits.
Lots 7 & 11; 8,9 & 10; 2,4 & 3; 5, 12 & 6.
MOTION: By George Perna to accept the draft denial of the four special
permits for Lots 7 & 11; 8, 9 & 10' 2,4 & 3; 5, 12 & 6.
SECOND: Michael Leary
VOTE, Unanimous of those present.
MOTION: By George Perna to close the public hearing and take the matter
under advisement on the new application for a decision on
December 1, 1988.
SECOND: Michael Leary
VOTE, Unanimous of those present.
C&P Realty Trust - Site Plan Review
MOTION: By George Perna to approve the draft decision as written and
amended. The amendments were Item C - additional shrubs (being
more specific) a continuous row adjacent to the structure,
Condition #8, Air conditioning units placed on the ground in the
side yard of the addition, and Condition #9, As-Built Plans to
be submitted prior to occupancy.
SECOND: Michael Leary
VOTE: Unanimous of those present.
NOTE, Decision is part of minutes.
Bond Releases
Scott Follansbee
MOTION: By George Perna to release to Mr. Follansbee , on the condition
that he signs the easement document that Paul Hedstrom has
prepared, all bond money being held by the Planning Board.
SECOND: Erich Nitzsche
VOTE: Unanimous of those present.
Oakwood Subdivision
MOTION, By George Perna to release $2,000 in accordance with the letter
from D.P.W.
SECOND: Michael Leary
VOTE: Unanimous of those present.
Sprinq Hill
Scott Stocking stated that the Spring Hill Subdivision was not ready at
this time for a bond release. No action taken .
Minutes - July 21, August 4, August 18 & September 8, 1988
Acceptance of the minutes will be carried over until the December 1,
1988 meeting. The Board did not have a chance to review.
On November 29, 1988, the Planning Board held a special meeting in the
Town Mall, Planning Board Office. The meeting was called to order at
7~00 p.m. by the Chairman, Paul Hedstrom. Also present were George
Perna, Vice Chairman; Michael Leary and Erich Nitzsche. John Simons was
absent. The purpose of the meeting was to vote on decisions.
Decisions
7 Hodqes Street - Site Plans Review
The Planning Board considered the draft decision prepared by the Town
Planner, Scott Stocking. The applicant, Robert Daigle was present to
answer the Boards questions. Discussion took place on the following
items contained in the draft decision:
Item #4a Dealing with landscaping along the rear parcel line.
The Board struck this condition due to an existing 4' high retaining
wall which exists along the rear parcel line.
Item #4b
Change this condition to read as follows:
Intermittent evergreen shrubs shall be provided along
the parking lot fronting Hodges Street.
Item #4d
Was strucken from the decision as unnecessary.
Item #7 Was changes from a 6' high wood fence to a 4' high fence due to
the size of the dumpster to be placed inside.
Added Item
To remove the sidewalk shown on the current plan
before the Board, to be replaced with landscape
material and wheel stops placed in the parking lot to
protect the structure and the landscaping (This
eliminated Item #3).
Amended Item
Item #5a
Added #6
Added #7
By striking the words "rear of".
Was removed due to the Fire Regulations which calls
for fire sprinklers in buildings of 7,500 sq.ft, or
greater. This proposal is a 4,000 sq.ft, building.
Was recommended by the Fire Department, the Board felt
it was excessive due to the cost involved and the i~ize
of the structure. Also~t~p~!~icant h~s agZe~d ~o ~
place fire detection system in the building.
Which states: No exterior light shall be placed upon
the rear of the structure which shines upon abutting
property.
Which States: No snow may be placed upon a public
right-of-way, once cleared on-site.
This condition was added due to input from D.P.W. in a
letter dated November 29, 1988.
MOTION: By Michael Leary to approve the draft decision with conditions
as read into the record by the Board
SECOND~ George Perna
VOTE: Unanimous of those present.
Chestnut Street - Four Common Driveway Special Permits
The Board reviewed the draft decision of the Town Planner, Scott
Stocking. Ben Osgood, Jr. was present to answer the Boards questions.
George Perna stated that the Board still had difficulty with this
proposal since it appears to be a subdivision.
Paul hedstrom agreed with George and stated that in all respects if the
issue went to court a judge would be hard pressed not to see this effort
as an attempt to circumvent the Subdivision Control Law.
Ben Osgood stated that he still felt that this was a valid proposal for
11 lots. They have NACC approval for the crossing shown.
Erich Nitzsche questioned whether this really was 4 separate common
driveway applications. The Board reviewed the plan showing 4 separate
easements 10' wide.
Paul Hedstrom discussed the previous denial by the Board on the 3
crossing common driveway which the Board dislikes and the probability
that NACC will not see fit to approve a multiple crossing common
driveways and that in fact the applicant cannot by right build on ll
lots due to the two Boards not agreeing on a method of access.
George Perna stated that he felt that the issue should be pushed over to
this Thursday night when all five members of the Board can review the
decision and render a vote.
MOTION~ By George Perna to keep the matter under advisement until the
regular Planning Board meeting on December 1, 1988.
SECOND: Erich nitzsche
VOTE: Unanimous of those present.
MOTION: BY George Perna to adjourn the special meeting.
SECOND: Erich Nitzsche
VOTE: Unanimous of those present.
The Planning Board adjourned at 7:50 p.m.
Paul A. Hedstrom, Chairman
ne{ L. Eaton, Secretary