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HomeMy WebLinkAbout1986-03-247~REGULAR MEETING - March 24, 1986 PB-29 The PLANNING BOARD held a Regular Meeting on Monday evening, March 24, 1986 in the Town Office Meeting Room. The meeting was called to order at 8:15 p.m. with the following members present and voting: Mid~ael P. Roberts, Chairman; John J. Burke and John Simons. Karen Nelson, Town Planner and Buddy Cyr, Highway Surveyor were also at the meeting. PUBLIC HEARINGS Because four members are needed to open and hear discussion on Special Permit and Site Plan Review public hearings, it was unanimously agreed to table these hearings until a fourth member arrived. ZONING RECOMMENDATIONS Stack & Cardello - Berry Street rezonings Motion: By John J. Burke to recommend favorable action on this article. Second: John Simons. Vote: Unanimous. Smolak & Lundquist Comments from Board members were as follows. Michael Roberts stated that this is not the type of zoning the Planning Board would like to endorse. John Burke said that it was spot zoning; John Simons would like to wait before making his decision. Another article will be placed in the warrant at tonight's Selectmen's Meeting adding an amendment to the Z cning Bylaw with a section that includes Agriculture, Horticulture, Floraculture, Viticulture or Silvaculture. This article will address more specifically the problems that the farmers are having with respect to selling at their farm stands versus an outright rezoning to Business. Phased Development Motion: Second: Vote: By John J. Burke to recommend favorable action on this article for the Town Meeting warrant with the appropriate changes. John Simons. Unanimous. Building Limitations The Board agreed unanimously that this is a very sensitive topic and therefore should be tabled until a full board is present to vote on it. NOTE: Erich W. Nitzsche arrived at the meeting (8=25 p.m.). O~en Space Motion: Second: By John J. Burke to recommend unfavorable action on this article. Motion failed for lack of a second. Motion: Second: Vote: By John Simons to recommend favorable action on this article. Erich W. Nitzsche. Three in favor; one opposed (John Burke). PUBLIC HEARINGS Hardtcourt, Peters St., Forbes Realty - Site Plan Review John J. Burke read the legal notice and opened the public hearing. Letters from the Highway Department, Burns & Levinson (which Mr. Burns waived), Sherman Eidelman of the Commonwealth of Massachusetts, Fire Department and Board of Health were read into the record. Russell Bodner, attorney for Forbes Realty Trust gave a brief overview of the project and introduced the other parties associated with the project: Attorney Novak, First United Methodist Church; Jonathan Woodman, architect; Richard Kaminski, Engineer for the project. Mr. Woodman made the following statements: - Project namez Cabot Village, which will be a Medical/Office building with 50,000 square feet of space. - Two buildings with walkway between them. - Possible tenants: HMO, bank, offices: financial, legal, accounting, medical, dental. Approximately 40% are already taken. - Screened parking. Richard Kaminski, engineer made the following statements: - The site involves 6.08 acres. - Frontage on Peters St.; meets all setbacks and buffer requirements. - There will be 141 Parking spaces. - Water and sewer tie in will be from Route 114. - Trash disposal will be handled by a private firm. - No increase in rate of run-off because of a detention area, which will be camoflaged. - Building tower will be 55 ft. high. Thomas Burns attorney for the Lawrence Eagle Tribune made the following statements: - Gave a brief history of what transpired when the land was purchased by the Church in 1967. - Eagle Tribune was given the right of first refusal on the property. ~ - Quoted a Merrimack Valley Planning Commission Traffic Study, 1985, which stated that the 114 area is a service level E - near capacity. - Requested that the board deny the Site Plan Review. NOTE: Paul A. Hedstrom arrived at the meeting (9510 p.m.). Motion: Second: Vote: By John J. Burke to close the public hearing and take the matter under advisement and to accept the Traffic Study information when it becomes available. Erich W. Nitzsche. Unanimous. Todd - Site Plan Review & Special Permit - Route i14 John Burke read a letter from John Callahan stating that Mr. Todd wished to withdraw his (2) Special Permits without prejudice. Motion: By John J. Burke to accept the letter of withdrawal as read. Secondz Erich W. Nitzsche. Vote: Unanimous. Desilets - Lot 1, Essex Street - Special Permit John J. Burke read the legal notice. Joseph Cushing~ Kaminski Associates, represented the applicant and presented the Board with a topographic map of the parcel and drainage calculations. A letter from the Board of Health and Conservation Commission's Order of Conditions were made a pormanent part of the record. The application is for Reconsideration of a Special Permit for Joseph Desilets, pursuant to M.G.L., Chapter 40A, Section 16. The premises affected is on the east side of Essex St. known as Lot 1 possessing 44,014 square feet in a Residential 2 and Watershed District. The request for reconsideration is to address any specific and material changes in conditions which the previous Unfavorable action was based. A copy of Superior Court Document No. 85-911 - First Set of Interrogatories - Joseph Desilets and Elaine Desilets, Plaintiffs vs. Planning Board for the Town of North Andover was also inserted as a part of the record. Planning Board member, Paul Hedstrom, asked Mr. Cushing why this reconsideration was before this :Board because of the pending litigation. Mr. Cushing commented that the first application was improperly submitted to the Planning Board without supplying all the required information. He is now addressing the concerns in the original denial by submitting: - Conservation Commission approval - Proving there is no other access to the lot - Drainage calculations - Culvert designed for a 50 year storm. In addition, Mr. Cushing stated it is his clients perrogative to continue the pending litigation. Motion: Second: Vote: Gray Wood Estates - Definitive Subdivision - Continued By John J. Burke to take the matter under advisement close the public hearing. Paul A. Hedstrom. Unanimous. Letters from the Highway Department stating that Mr. Cyr concurs with the Planning Board that a 50 ft. width for the road is needed and Board of Health letter stating that percolation tests still needed to be done were read into the record. A letter of extension from Christiansen Engineering to April 7th was also placed in the record. Mr. Phil Christiansen presented the board with revised plans which showed a new drainage system and 11 house lots instead of 13. Motion: Second: Vote: By Paul A. Hedstrom to close the public hearing and to instruct the Planner to write a disapproval on this subdivision based on letters from the Highway Dept., BoardT~ of Health and public input and to place it on the next Planning Board agenda. John Simons. Unanimous. APPROVAL NOT REQUIRED FORMS Peters St., J. Philbin - lease lines Paul Hedstrom stated that he did not understand why the Planning Board should sign a Form A which shows the definition of lease lines. He asked that Mr. Philbin grant the Planning Board an extention on this plan so further research could be done. Mr. Philbin stated he would do so. Motion= Second: Motion: Second: Vote: By John J. Burke to approve the Peters Street Plan. Motion failed. By John J. Burke to take the matter under advisement. Erich W. Nitzsche. Unanimous. Appleton St., Bor~esi & Patnaude Sharpner's Pond Road, Judith Doian Motion: Second: Vote: By John J. Burke to approve the Appleton St. and Sharpner's Pond Road plans subject to Town Planner review. Paul A. Hedstrom. Three in favor: two opposed (Erich Nitzsche and John Simons.) BOND RELEASES Marblerid~e Estates Motion: By Paul Hedstrom not to release any funds at this time per the Highway Surveyor's'letter. Second~ John J. Burke. Vote: Unanimous. Forest St., Bi~gio/Bingham Security Agreement Motion: By Paul A. Hedstrom that we accept and sign the security agreement submitted by Messrs. Biggio and Bingham. Second: John Simons. Vote: Unanimous. DISCUSSION Turner Estates - Preliminary Subdivision Letters from the Board of Public Works, Conservation Commission, Highway Department, Fire Department, and Board of Health were read into the record. Mr. A1 Shaboo, engineer for the applicant, was present to explain the changes in the preliminary plan from the one that was submitted last year. A site visit has been scheduled for March 29, 1986. Motion: By Paul A. Hedstrom to take the matter under advisement. 8{~ecOnd: Vote: Erich W. NitzSche, Four in favor; one abstenticn (J. Burke). Orchard Hill John Callahan, Engineer for the applicant, George Barker, explained proposed changes to this subdivision; e.g., a 350 ft. cul-de-sac and a scaled down one lot subdivision. He is also proposing a 32 ft. wide road. These new plans will be submitted within the next few days to the Planning Board office. Motion: By John J. Burke to accept his letter of extention until April 1i, 1986. Second: Paul A. Hedstrom. Vote: Unanimous. ZONING RECOMMENDATIONS Adult Entertainment (2) Motion: Second: Vote: Building Limitation By John J. Burke that the Planning Board recommend unfavorable action to these articles. Paul A. Hedstrom. Unanimous. Motion: Second: Vote: By Paul A. Hedstrom that the Planning Board recommend unfavorable action to this article. The reasons are that the article is of an indefinite duration and the article lacks due process in method of allotment. John J. Burke. Three in favor of the motion; one opposed (John Simons); one abstention (Erich Nitzsche). ELECTION OF OFFICERS Motion: Second: Vote: By Paul A. Hedstrom to vote on the election of officers at the first meeting in April. John J. Burke. Unanimous. The meeting ADJOURNED at 11:10 p.m. Michael P.( Roberts, Chairman Wancy R~ Stevenson, Secretary