HomeMy WebLinkAbout1988-12-01On December 1, 1988 the North Andover Planning Board held a regular
meeting in the Town Hall Selectmen's Meeting Room. The Meeting was
called to order by Vice Chairman, George Perna at 8~O5 p.m. Also
present were Erich Nitzsche and Michael Lear¥. John Simons, Clerk, was
absent. Paul Medstrom, Chairman arrived at approximately 8:20 p.m.
Public Hearings
Brookview Subdivision
Tom Neve, Thomas E. Neve Associates, spoke to the Board. This is a
continuance of the Brookview Subdivision. Mr. Neve advertised the
public hearing in the North Andover Citizen because of the length of
time that was requested for extensions. He gave the Board a brief
summary which included the 1OO year flood elevation was on the plans.
Perc tests were done. The State D.P.W. is reviewing the impact on Route
114. They have visited the site looking at the 114 entrance and Brook
Street entrance to the property. Egress lanes are needed. The Brook
Street entrance was not favored because of a dip in the road that would
impair vision.
George Perna expressed concerns by another curb-cut on Route 114.
Tom Neve stated that the Farnums wanted to develop their property along
Route 114 for commercial and the property that runs along Farnum Street
for residential use. The parcel for residential homes is zoned General
Business. He said that there was two alternatives:
Rezoning at Town Meeting.
Variance use from the Board of Appeals
Paul Hedstrom stated that the Village Residential Zone should not be on
Route 114.
Tom Neve stated that there was a solution to the problem. Wetlands in
the middle of the Village Residential District that runs to the
Middleton line. Tom wanted 25,000 sq.ft, lots on the Farnum Street
side. The question of the Board sponsoring the rezoning for the
residential district. Dimensional change on the parcels because of the
wetlands. Tom volunteered to help by delineating the wetlands as
possible line for zoning.
George Perna questions the time frame for getting ready for Town Meeting.
MOTION: By Paul hedstrom to continue the public hearing for two months
until February 16, 1989.
SECOND: Erich Nitzsche
VOTE: Unanimous of those present.
Arthur Schmidt, an abutter, commented on the R-3 Zoning District and
would prefer to have it residential. Tom Neve will not withdraw the
plans until the rezoning.
George Perna turned the meeting over to the Chairman, Paul Hedstrom at
8~50 p.m.
Subdivision Rules and Regulations
Scott Stocking stated that he had received comments from the D.P.W.
George Perna wanted to know what has changed in the draft. Scott
Stocking said that he will identify those changes. Procedures on Bond
Releases and As-Built Plans are being worked on at the present time.
MOTION: By Erich Nitzsche to continue the public hearing until December
15, 1988.
SECOND: George Perna
VOTE: Unanimous of those present.
Approval Not Required Form A Plans
Salem Street & Summer Street
The following language to be added to the plans: "under the Subdivision
Control Law".
MOTION: By Michael Leary to accept the Form A Plan
SECOND: Erich Nitzsche
VOTE: Unanimous of those present.
Abbott Street
MOTION: By Erich Nitzsche to accept the Form A Plan because it does not
show a subdivision.
SECOND: Michael Leary
VOTE: Unanimous of those present
Barker Street
MOTION: By Erich Nitzsche to endorse the Form A Plans.
SECOND: George Perna
VOTE: Unanimous of those present.
Granville Lane
MOTION: By Michael Leary to deny because it does not show a viable
access.
SECOND: Erich nitzsche
VOTE: Unanimous of those present.
Decision/Discussions
Samuel Phillips Common - Independently Elderly Housing
Scott Stocking, Town Planner, presented the Board with a draft
decision. Scott stated that the applicant asked that a change be made
in the decision on the last page Item #9, regarding an optic system for
the fire department. Applicant requested that an amount be placed in
the condition not to exceed $9,000.
Paul Hedstrom asked how the applicant would guarantee that a person
would have to be 55 years of age or older to be eligible for residency.
Samuel Thomas said a covenant will be placed on the property to ensure
that one of the residents is 55 or older.
Erich Nitzsche commented on Item #3 - the last sentence - the word "and"
to be replaced by "for" approval by the Planning Board. Item #7 - the
words "A plan" will be replaced by "the plan". In Section B (d) to be
placed in Section A Condition #9.
George Perna wanted the Planning Board to review the screening of the
property upon completion of the landscape architect screening around the
new road which will be subject to Planning Board approval.
Paul Hedstrom wanted technical language put in on protecting the
Independent Elderly Housing character of the project, to be filed at the
Registry of Deeds Office with the plans.
MOTION: By Michael Lear¥ to approve the draft decision subject to adding
the amendments discussed by the Board.
SECOND: George Perna
VOTE: Unanimous of those present.
At 9:30 p.m. the Planning Board recessed for 5 minutes.
MOTION: By George Perna to recess for five minutes.
SECONDs Michael Leary
VOTE: Unanimous of those present.
The Planning Board reconveniened the meeting at 9:40 p.m.
Minutes
August 4, 1988 and August 18, 1988
MOTION: By Erich Nitzsche to approve the minutes
SECOND: Michael Leary
VOTE: Unanimous
September 13, 1988
Some language in the minutes was changed to make sense.
MOTION: By Erich Nitzsche to approve the minutes subject to the language
changes.
SECONDs George Perna
VOTE: Unanimous of those present.
July 21, 1988
MOTION: By Erich Nitzsche to approve the minutes.
SECOND: Michael Leary
VOTEs In favor Erich Nitzsche, Michael Leary and Paul Hedstrom.
George Perna abstained.
Decisions/Discussions
Chestnut Street - Common Driveway Special Permits
Ben Osgood, Jr., stated that he has the right to develop the 11 Form A
lots.
Paul Hedstrom stated that it was a road not a common driveway. Ben
Osgood said it would look like a private road but it is a common
driveway, an innovated way.
Scott Stocking stated that he had worked with Conservation to design the
schematics for the 11 lots.
Paul Hedstrom said that based on the extreme density, the longest
distance lot should come of the plans.
Paul asked Ben Osgood how many lots could be developed under the present
zoning. Ban said he did not know. George Perna answered, 6 or 7 lots
could be developed.
MOTION: By Erich Nltzsche to direct the Town Planner to draft a
disapproval decision on all four Common Driveway Special Permits.
Paul Hedstrom added to that motion unless the Town Planner feels there
is some merit to approve anyone of the permits.
Erich amended his motion to include that wording.
SECOND: George Perna
VOTE: Unanimous of those present.
AT&T Technologies - Site Plan Review
The Board requested that a letter be received by the from the Lawrence
Airport Commission verifying no interference from the facility in their
daily operations.
MOTION: By Erich Nitzsche to approve the draft decision as written and
amended by adding that a letter be received by the Planning
Board from the Lawrence Airport Commission verifying no
interference from the facility in their daily operations.
SECOND: George Perna
VOTE: Unanimous of those present.
Lot I Cranberry Lane
Scott Stocking, Town Planner, stated that he had spoken to Mr. Cone and
that Mr. Cone was not aware of the problem. Scott stated that it was a
private matter. A letter will be sent to Peter Caurso regarding the
issue of no communic'ation with the abutters and Mr. Cone,
Barker Conservation Easement
Scott Stocking, Town Planner, asked the Board to read the easement and
tell him if it is the way the easement should be. Paul Hedstrom said
that the Board approved Barker's project with an easement, the form that
he and Scott had modified. The easement form created the open space
needed, allowed him to get his permit for density and incumbered the
open space with farming rights and other public rights. It did not give
any private benefits over the open space which was the way the Board had
to approve it because the applicant lawyer did not explain to the Board'
how they could take the public land, the Conservation land and incumber
it the private benefit with Mr. Barker. The easement was changed
putting back into it the private rights of Mr. Barker and presented it
to the Board of Selectmen for signature. He said that "our capable
planner nipped it in the bud" and told the Selectmen that it was not
ready because it has changed from what the Planning Board originally
approved. The Selectmen challenged the Town Planner's authority and
questioned the Planning Boards handling of the matter. Mr Caurso went
up-stairs and retyped the easement document to be concise with that
which the Planning Board approved. Paul Hedstrom further stated that at
this time the easements is acceptable.
The issue of Mr. Barker farming the land will have to be taken up with
the Board of Selectmen.
Paul Hedstrom stated that he would send a letter to the Town Manager
regarding the Selectmen's Meeting and the Town planner.
MOTION: By George Perna to accept the easement.
SECOND~ Michael Leary
VOTE~ Unanimous of those present.
Election of Officers
Election of Officers will take place at the next Planning Board Meeting
when all members are present.
Route 114/125 Rezoninq Study
Scott Stocking told the Board there would be a meeting of the study
committee on Wednesday, December 7, 1988.
Memo to Conservation
Scott Stocking asked the Board permission to send a memo to the
Conservation Commission regarding the Willow Street/Flagship Drive
Connection. Scott stated that Tom Neve got the Conservation Commission
to come up with a list of alternatives. The Planning Office was copied
on that list. The memo contains comments on the alternatives listed by
the Commission. Scott stated that most of the alternatives that were
brought up, the Board had exhausted during the preliminary stage.
Paul Hedstrom asked that the wording "unfair to the applicant" be
changed to "requiring the applicant is not permitted".
MOTION: By Michael Leary to direct the Planner to send the memo as
drafted.
SECONDs George Perna
VOTE~ Unanimous of those present.
Bonds
Cranberry Lane - Bond Release
MOTION: By Michael Leary to release $10,0OO for trees that were planted.
SECOND~ George Perna
VOTE: Unanimous of those present.
Spring Hill - Subdivision
No motion in order. The applicant to respond to the comments from Bill
Hmurciak, D.P.W. in his letter.
MOTION, By George Perna to adjourn the meeting.
SECOND: Michael Lear¥
VOTE: Unanimous of those present.
~ Pla~nin~_Boar~d at 10:26 p.m.
Paul Hedstrom, Chairman ~a~et L. Eaton, Secretary