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HomeMy WebLinkAbout1997-05-20 Planning Board Minutes Planning Board Meeting Senior Center May 20, 1997 I 7 Members Present: Joseph Mahoney, Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, were present. Richard Rowen, Vice Chairman, arrived at 7 : 03p.m. Richard Nardella arrived at 7 : 25 p .m. John Simons arrived at 7 : 30 p.m. William Scott, Director of Community Development was also present. Minutes : On a motion by Ms . Lescarbeau, seconded by Mr. Rowen, the Board voted unanimously to approve the minutes for April 8, 1997 . On a motion by Mr. Rowen, seconded by Mr. Angles, the Board voted unanimously to approve the minutes of April 15, 1997 . Correspondence: Paul Donahue sent a memorandum of understanding for the Board to look over. Mr. Scott stated that Town Council has a copy of the understanding. Mr. Scott stated that we won' t review the plans until we have a signed memorandum. Mr. Scott stated that Mr. Donahue will be at the next meeting. Mr. Mahoney stated that paragraph E is not necessary. Mr. Scott stated that it is a memo not an agreement . Discussion: Long Pasture Estates - Lot 8 Mr. Scott state that he has received 2 letters on the project and most abutters have concerns regarding drainage . There was a .letter from Nancy Wedge regarding some concerns . Mr. Scott stated that Mike Howard of the Conservation Department responded to her letter. Steve Crowley was present stating that he would like permission to construct a house on lot 8 prior to the installation of the swale to allow water drainage on Forest Street . He would like to install the drainage Swale after the road has been completed to Forest Street . i Mr. Scott stated that Mr. Crowley should install the swale prior to the installation of the house. 1 17 Lyons Way - update Tom Laudani was present to give the Board an update on Lyons Way. The project a 7 lot subdivision which is across the street from Campbell Forest . There is no change in the zoning it is still R- 2 . Mr. Laudani had met with Ms . Colwell to go over some outstanding issues . Some outstanding issues were the bonds and issues with the Board of Health. Mr . Laudani is asking the Board to look over the special conditions in the decisions and they will modify the plan. Mr. Scott asked Mr. Laudani if it was a lack of the applicant not bring the mylar to the Planning Department or was it the Planning Departments fault . Mr. Laudani stated that there was pending litigation with DEP and that' s why the mylars were never submitted to the Planning Department . Mr. Mahoney stated that the Board will have to look over the file and asked Mr. Laudani to come back in 2 weeks . Merrimack College - establish a bond Mr. Scott recommends that Merrimack College give a bond through Reliance Insurance rather than a cash bond for the reason that their accountants recommend that for organizations such as theirs they should be able to have an insurance bond. Continued: 200 Chickering Road (Rennies) - site plan review Mark Gross of MHF Design and Peter Shaheen were present . Mr. Scott stated that they did tests on Monday and the water tables were higher and they addressed the issues and sent them to John Chessia and he had no major issues . Mr. Gross stated that he could design a system on a 7 inch water table. Mr. Rowen stated that at the last meeting the attorney for Heritage Estates had brought up some issues at the last meeting and wanted to know if they have been addressed. Mr. Scott stated that they did additional testing. Mr. Rowen asked if they are planning on having a maintenance plan to include in the decision. Mr. Gross stated that there are 6 pages in the drainage report for maintenance . Mr. Gross stated that on site litter would be picked up weekly, sediment and underground tanks will be inspected monthly and the water Swale will be inspected twice a year. �� 2 The Board would like to have a maintenance plan put in the R decision. E 7 Mr. Shaheen stated that he thought we addressed these issues at the last meeting and both traffic consultants agreed. Mr. Nardella asked if we had anything from Sgt . Soucy. Ms , Lescarbeau stated that there is a letter in our packets that states that you should not cross over the white line . Mr. Shaheen stated that it is a line to show that the width of the road is almost at an end. Ms . Lescarbeau stated that you are trying to make a bad situation worse by using the sides of the road. Why don' t you just widen the road. Mr. Shaheen stated that at the last meeting we suggested that an inexpensive way to improve the road would be to add a patch of pavement to the side of the road so people could use it . Mr. Shaheen believes that if it is widened people might not slow down but, speed up and also they are not allowed to widen the road without the state to say it was O.K. Mr. Nardella stated that we a legitimate difference of opinion on that . Mr. Shaheen stated that the applicant meets all the requirements for site plan review so they should get the approval . Mr. Mahoney stated that Mr . Shaheen is right if they meet all requirements we cannot deny them. Mr. Nardella stated that he is not opposed for them to start construction and then widening the road. Mr. Nardella stated that when it snows and the plows are pushing the snow and it covers that side of the road how are the people then going to pass . Mr. Rowen stated that we have had 3 traffic people say that the road should not be widened and that people would speed up if it was widened and that' s not what we want . Mr. Mahoney stated that he agrees . Mr. Shaheen stated that the applicant might contribute to the cost of the road. Mr. Shaheen stated that we are walling to do extra to get the approval . 3 ry � Jim Mcartney stated that the City of Haverhill has approved to widen Rt . 125 and they don' t have a concern with speeding. Mr. Mcartney also state that he would like the North Andover Police Department to write a letter stating that it is legal for people to pass over the white line . Also he would like it put in the decision that if the owner of the mall goes belly up that someone has to maintain the drainage system. Mr. Nardella stated that there will be a bond to ensure that you would be protected. Mark Johnson, representing Heritage Estates, disagrees with Mr. Mahoney. In section 8 . 3 iA, the purpose of it is to protect the health and safety of the residents and people . This is a site which has a building as big as you can get on the site . The drainage is not easy to get to and if it fails the Heritage Green people will be the only ones who will get hurt . The building is so big they can' t even put a detention pond on the site so it is underneath. The traffic configuration is not good for any of the residents . Mr. Johnson stated that his biggest concern is the statement "we have met all requirements so you have to approve it" . Mr . Rowen stated that he shares concerns with the drainage but it would have been fool proof if Heritage green tie into their sewer. Jim Mcartney stated that in response to Mr . Rowen' s comment, would you like it if someone used access on your driveway. It is private property. Mr . Rowen stated that my point was that they denied them to tie into the sewer so they will have to live with what happens . Elvira Curcio, 23 Edgelawn passed out packets to the Board members . Mr. Shaheen stated that he is looking for them to accept the site plan review and close the public hearing. On a motion by Mr. Nardella, seconded by Mr. Rowen the Board voted 4-1 to close the public hearing. On a motion by Mr. Rowen , seconded by Mr. Angles, the Board voted 4-1 to direct staff to draft a decision. 757 Turnpike Street (Stop & Shop) - site plan review Tom Laudani was present representing Stop & Shop. Mr . Laudani stated that there are no major outstanding issues with John 4 Chessia. Mr. Laudani, Mr. Scott, Mr. Stapinski and Mr. Chessia met last Thursday. Mr. Chessia submitted a letter to the Board stating there are only a couple of issues remaining on the I drainage . Mr. Simons stated that he would like to see something done with the left hand front side of the building. Richard Landry of Landry Design Group, stated that they can' t do to much because that is where the bakery and the pharmacy are . Mr. Laudani stated that they have been on a site visit to N. Reading and through extensive review of this and I thought we had an agreement . Mr. Laudani suggested that they do a design on the wall with the bricks protruding. Mr. Rowen asked what the wall on the right hand side of the building was so long for. Mr. Landry stated that the Board asked for that so it would screen the trucks that would be delivering products . Steve Stapinski stated they have developed a new model for drainage and submitted it to John Chessia and will have comments back by this week. Mr. Rowen asked if this drainage system is going to require a maintenance system. Mr. Stapinski stated that they are going to be filing a Notice of Intent with the Conservation Department and they will be providing a maintenance plan to them due to the Storm Water Management . Mr, Nardella stated that he would like it put in the decision that the owner pays for the maintenance plan twice a year. Mr. Scott stated that if they are going to submit the maintenance plan to ConCom that they could submit it to Planning Department to put in the special conditions . Mr. Scott stated that they have to get there information into us by the 27th of May then we can have a decision pending on the receipt of the plans . Mr. Rowen asked if they need a permit to be open 24 hours . Mr. Scott stated that they have to go before the Board of Selectmen. Mr. Laudani stated that Chief Stanley sent a letter of his support of it being open 24 hours . 5 �� Mr. Rowen asked if when we issue the decision it states that they have to go before the Board of Selectmen. Mr. Scott stated that they have to go before them anyway. Jay Diorio of Hillside Road, stated that he does not believe they have not addressed all the traffic issues . He stated that his property is going to be depreciated because of the Stop & Shop and because of all the traffic problems now. Ms . Lescarbeau stated that they are improving the traffic problems by having lights with a delay and by widening the road. Mr. Laudani stated that he has given Mr. Diorio his card several times and stated that to call him if he would like to talk about any problems to call him and he never contacted him. Mr. Laudani stated that we are widening the roads and synchronizing the lights . Mr. Laudani also stated that Stop & Shop is going to pay for the corridor study. Mr. Rowen asked if we could put in the decision that they can' t put banners on the front of the fence . On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted unanimously to close the public hearing and direct staff to draft a decision. Orchard Hill Commerce Park - definitive plan Tom Zahoruiko was present to represent Orchard Hill Commerce Park. Mr. Zahoruiko stated that they are widening the existing road by 40' with a turn around. Mr . Scott recommends closing the public hearing. On a motion by Mr. Nardella, seconded by Mr. Rowen, the Board voted unanimously to close the public hearing. Orchard Hill Road - site plan review Mr. Scott stated that Mr. Zahoruiko has addressed all remaining issues and recommends closing the public hearing. On a motion by Mr. Nardella, seconded by Mr. Rowen, the Board voted unanimously to close the public hearing. Red Gate Pasture - definitive plan Ben Osgood Jr. was present to represent Red Gate Pasture . Mr. Osgood stated that he submitted new plans to Mr. Chessia but, has not received any comments . Mr. Osgood stated that they put the �� 6 detention pond higher up on the site . They plan to tie into Salem Street with an outlet structure and use the existing catch j basin on Salem Street . i Mr. Rowen asked what the heavy lines were on the plan. Mr. Osgood stated that they show the erosion control . There will be hay bails placed at the slopes to protect from any erosion. Mr. Nardella asked if Mr. Osgood if he could do anything with the orientation with the orientation of the street. Mr. Osgood stated that this site is to small for a PRD. Mr. Osgood stated that the original concept was to hold drainage at the entrance . There are 17 different ponds on the site because they consider catch basins ponds . Mr. Osgood plans to dig a trench of 3 !,�' to intercept the groundwater . Mr. Rowen asked what kind of slopes will they be . Mr. Osgood stated that they will be 2-1 . M. Mahoney stated that we should schedule a site walk for May 28, 1997 at 6: 30 p.m. Steven Cyr of 895 Salem Street, stated that there is a serious drainage problem. There was only going to be 2 houses not 4 . Mr. Cyr also stated that his property already gets flooded during rain storms . Mr. Cyr stated that if Foxwood wasn' t there maybe there wouldn' t be a problem if Foxwood wasn' t already there . Mr. Mahoney stated that maybe you should attend the site walk. Ms . Edy of 886 Salem Street, stated that she has lived there for 17 years and put in a sump pump and never used it until Foxwood was put in. Mr. Tombarelli asked if everyone could attend the site walk and if the water is going to flow across Salem Street. Mr. Osgood stated that the piping is able to hold the water. Mr. Osgood stated that that' s where the water goes now and post development . Robert Meikle of 879 Salem Street, stated that he has a constant problem with the basement when it rains, he always has to put the sump pump on when it rains . He will also attend the site walk. Mr. Rowen asked how much frontage they have. Mr. Osgood stated that they have 180' of frontage . '03 Mr. Cyr asked who will be responsible for the property in front of the house . Mr. Osgood stated that the people who purchase the house . Ms . Edy stated that the Board should keep in mind the traffic is already very bad. Mr. Osgood sent a letter requesting a 45 day extension. Mr. Scott recommends to grant the extension pursuant to the applicants request . On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted unanimously to grant the extension. Decisions : Orchard Hill Commerce Park - definitive plan On a motion by Mr. Rowen, seconded by Ms . Lescarbeau, the Board voted unanimously to approve Orchard Hill Commerce Park definitive subdivision. Orchard Hill Road - site plan review Discussion on the amount of the bond for site plan review was talked about the amount decided on was $5, 000 . On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to approve the Orchard Hill Road site plan review as amended. Endorse Plans : 476 Chickering Road (Sal' s Pizza) - site plan review Mr. Scott recommended that the Board endorse the plans . The Board endorsed the plans . Lot 1 Forest Street Extension - Form. A Mr. Scott recommended that the Board endorse the plans . The Board endorsed the plans . Bonds/Lot Releases : Hickory Hill - site opening bond release �'a 8 Mr. Scott recommends the release of the bond. On a motion by Mr. Nardella, seconded by Ms . Lescarbeau, the Board voted unanimously to release the remaining balance plus interest for the site opening bond. Hickory Hill - performance bond release - Mr. Scott recommends the release of the bond. On a motion by Mr. Nardella, seconded by Ms . Lescarbeau, the Board voted unanimously to release the remaining balance plus interest for the performance bond. 1077 Osgood Street (Butcher Boy) -bond release Mr. Scott went out to the property with Mr. Ragonese and Mr. Yameen. Mr. Scott suggested they plant 8 more arbravities along the wall for a screen for Mr . Ragonnese . Mr. Scott recommends the release of the bond after the trees are planted. Election of Officers: On a motion by Mr. Nardella, seconded by Ms . Lescarbeau, the Board voted unanimously to elect Richard S . Rowen as Chairman. On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to elect Alison Lescarbeau as Vice Chairman. On a motion by Mr. Nardella, seconded by Ms . Lescarbeau, the Board voted unanimously to elect John Simons as Clerk. Adjournment• On a motion by Mr. Rowen, seconded by Mr. Nardella, the Board voted unanimously to adjourn. The meeting adjourned at 10 : 10 p .m. V 9 �