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HomeMy WebLinkAbout1998-02-17 Planning Board Minutes Planning Board Meeting DPW Conference Room February 17, 1998 Members Present: Richard S. Rowen, Chairman and Joseph V. Mahoney were present. Richard Nardella arrived at 7:10 p.m., Alison Lescarbeau, Vice Chairman, arrived at 7:15 p.m. and John Simons, Clerk, arrived at 7:55p.m. Kathleen Bradley Colwell, Town Planner was also present. Alberto Angles, Associate Member, was absent. The meeting was called to order at 7:10 p.m. Minutes: On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the minutes as amended for February 3, 1998. Discussion: Lot F Intellisense - update Laura Huber of Intellisense sent a fax today stating that Mike Seacamp, Environmental Monitor, will submit his report within the next day or two. Ms. Huber stated in her letter that that Mr. Seacarnp stated that the site was stable and will check it again later this week. Lots 20A, 21A, 22A, and 23 Beaver Brook Road -Form -A Attorney Mark Johnson was present representing Evergreen Estates. Ms. Colwell received a letter from Joel Bard, Town Counsel, and Mr. Bard stated in his letter, that as long as this revised plan shows lots that comply with the zoning frontage requirements, the Planning Board should endorse the plans. Ms. Colwell recommends that the Board reconsider their vote and authorize Ms. Colwell to sign the plans. On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to reconsider their vote and authorize Ms. Colwell to endorse the plans. Endorse Plans: 1635 Osgood Street - sit elan review Ms. Colwell recommended that the Board sign the plans for 1635 Osgood Street, The Board signed the plans for 1635 Osgood Street. t Public Hearings (7:30 p.m.) New: 234 Brentwood Circle -watershedspecial perm John Soucy of Merrimack Engineering and Bob Schwartz, the property owner were present to discuss 234 Brentwood Circle, Mr. Schwartz stated that they are planning to build an addition to their home because their family is expanding. Mr. Schwartz stated that they have gone before the ZBA and received a variance to increase an existing structure in the watershed. Mr. Schwartz stated that they are proposing to remove an existing 10' x 21' greenhouse and will build a 16' x 18' addition and a 6' x 18' porch. Ms. Colwell stated that Mr. Chessia, engineering consultant, recommends that the foundation drains and roof drains run over ground and not underground as the soil is not suitable for infiltration. Mr. Chessia also stated that the present location for the stockpile is within the 100' non-disturbance zone, Mr. Chessia recommended that the pile be removed to the southern side of the property. The Board went over the plans with the applicant. Only 346 square feet of impervious surface will be added in the non-disturbance zone, in an area where there is an existing lawn and pool. There will not be any removal of vegetation or trees. This is a unique situation where there is an existing home. The majority of the addition will be constructed in the only location outside of the non-disturbance zone on the lot. The Board felt that the stockpile location was acceptable. A report was submitted by Curt Young of Wetlands Preservation Inc, stating that there will be not impact on the watershed from this project. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing and have staff draft a decision for the March 3, 1998 meeting. Berrington Estates - definitive subdivision Attorney Michael Gerstein was present to represent Berrington Estates. Mr. Gerstein stated that they are planning to go before the ZBA on March 10, 1998 per the Planning Boards request. Erik Heyland of Allen& Major Associates went over the plan. Mr. Heyland stated that it is an 8-lot subdivision with frontage on Dale Street. The property is in the R-1 zoning district. Mr. Heyland stated that all the lots contain a minimum of 2 acres. Lot 8 is an unbuildable lot that will be donated to the Town through the Conservation Commission, Mr. Heyland stated that they have gone before ConCom and have received an Order of Conditions. Mr. Heyland stated that they have received comments from John Chessia, engineering consultant and DPW and will review their comments. Ms. Colwell stated that she had concerns with the street length from Dale Street, Ms. Colwell stated that she would recommend eliminating sidewalks as this site is located in the watershed protection district. Mr. Rowen stated that he would like a 24' wide road with a 6'wide shoulder. Ms. Colwell stated that she would recommend a 22' wide road because it is in the watershed. Ms. Colwell stated that they have submitted a traffic study. Mr. Rowen stated that he would like to know the Police Departments rational for not making Dale Street a two way street. Dan Takesian of 198 Dale Street, stated that their property is under water. Ms. Colwell stated that ConCom has already approved the roadway drainage under the DEP storm water management act. i 2 u if The ConCom has greater jurisdiction than the Planning Board in this area. Ms. Colwell recommended a site visit. Jeff Smith, son of Gwen Smith the property owner, was present and submitted a letter to the Board. Mr. Smith stated that his mother is very ill and the medical costs are very expensive and would appreciate if the Board could make their decision as quickly as possible. Kerry McCollister of 206 Dale Street, stated that in response to Mr. Rowens comment about making Dale Street a two way street he does not feel it is a good idea because there is a blind spot going from Dale Street to Salem Street and is very dangerous. Mr. McCollister also asked Mr. Rowen if he was aware of an existing road on the property. Mr. Rowen stated that he was aware of the dirt road. Mr. McCollister asked the Board ifMesiti Corporation is a corporation of Massachusetts. Mr. Rowen stated that wasn't germane to this meeting. Mr. McCollister stated that he thinks that the abutters have a right to know whom their dealing with. Mr. Mahoney suggested that he call the Secretary of State. Dave Rand of 280 Dale Street stated that whatever happens with this subdivision reflects on his property. Mr, Rand showed the Board pictures of his property and the damage that has occurred due to water problems. Mr. Rand stated that he has had to go to the State to get permits to open up the beaver dams to stop the flooding. He stated that he has gotten a permit to open up 100 yards of the beaver dams. Mr. Simons stated that the applicant must confirm the flood plain delineation. The Board agreed to schedule a site walk for Saturday February 21, 1998 at 8:30 a.m. Continued until March 17, 1998. Lot 1 Dale Street - watershed special permit Ms. Colwell recommended that Board not open the Public Hearing due to the fact that the legal notice did not have the correct information on it. Ms. Colwell stated that she will go over the application with the applicant and re-do the legal notice so it can be re-published in the Citizen for the March 17'h meeting. Continued: St. Michael's Parish& School - site plan review Angelo Petrozelli was present to represent St. Michael's Parish& School. Ms. Colwell stated that she received a letter from Jim Rand, DPW stating that the revised plans were O.K. Mr. Petrozelli questioned whether the bond would be waived. Ms. Colwell suggested to the Board that they could do a surety bond. The Board agreed to allow the applicant to submit $3,000cash bond and a $10,000 bond in a form acceptable to the Planning Board. Mr. Petrozelli also had concerns about the 2:1 mitigation in the decision. Ms. Colwell suggested keeping it in the decision, as it will be up to the DPW to see if it applies. 3 On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to close the Public Hearing. 4 RockX.Brook Estates II - definitive subdivision John Morin of Neve Associates was present to represent Rocky Brook Estates II. Mr. Morin discussed the easement location on the plan with the Board. Ms. Colwell stated that she has not been able to reach the Town of Boxford regarding the roadway connection. Mr. Rowen stated that the emergency access to Bennett Road must be added to the plan. Mr. Morin stated that they will pull out the trees and chip them and will leave the chippings on the ground to give it a natural effect. Ms. Colwell stated that they need a final roadway name and it put on the plan. Mr. Breen stated that he would like it to be Kerri Lane but is waiting for the OR, from the 9-1-1- dispatcher. The Board agreed to hold a bond for the roadway connection to Bennett Road in Boxford for 8 years from the date of endorsement of the plan. Walnut Ridge - definitive subdivision The applicant submitted a letter requesting a continuance of the public hearing to the March 17, 1998 meeting. The applicant also requested a 90-day extension for the decision. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to grant a continuance until March 17, 1998 and grant a 90-day extension from March 24, 1998. Boston Ski Hill - definitive subdivision The applicant submitted a letter requesting a continuance of the public hearing until the March 17, 1998 meeting. The applicant also requested a 90-day extension for the decision, On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to grant a continuance until March 17, 1998 and a 90-day extension from March 8, 1998, Calf Pasture - definitive subdivision The applicant submitted a letter requesting the withdrawal of their application from the Planning Board. The applicant also requested that the filing fees be waived when they re-submit. Ms, Colwell stated that she would agree to that as long as they re-submit in 6 months. On a motion by Ms. Lescarbeau, seconded by Mr. Simons, the Board voted unanimously to allow the applicant to withdraw and waive the filing fees if the applicant re-submits in 6 months. Forest View Estates - definitive subdivision Peter Hingorani submitted a letter to the Board requesting that the Board make it part of the Forest view decision that Mr. Hingorani can tie into the sewer when it is brought down Rt. 114. Ms. Colwell stated that it will be a public sewer and anyone can tie into it if they want to. She also stated that there might be a cost to tie in but it will be priced appropriately. A committee has been set up with the Town Manager to set up a system to allow the developer to recoup the costs of construing the sewer. Mr. Rowen stated that it would be the same rate for each person to tie in but that will not be part of the Planning Boards decision. Mr. Laudani stated that everyone would be treated equally. Mr. Hingorani stated that he wished that could be in writing. Mr. Rowen stated that this is all still 4 �/ / being negotiated. Mr. Laudani stated that Bill Scott, Community Development Director, is creating a formula for the cost to tie in and there will be a document in writing. Ms. Colwell stated that she received a letter from Bill Hmurciak, DPW Director, stating that he does not foresee any problems but still has further review to do on the RT. 114 sewer. Mr. Simons stated that unless the health authorities say it is ok, he does not think the Board can approve this subdivision.. Mr. Laudani stated that they have a recorded Order of Conditions that states approval subject to the approval of the sewer plans. Mr. Simons stated that if the Health Department states that you can't build the subdivision because of sewer then it can't be approved. Mr. Laudani stated that this problem goes back 20 years to an infiltration problem on Glenwood Street. Mr. Simons stated that he thinks we need an agreement in hand before we can approve this. Ms. Colwell stated that the Board should not approve subdivision if the infrastructure is not there. Mr. Laudani stated that the Enforcement Order ConCom put on is not even legal. Mr, Rowen stated that the Board could approve the decision but include a condition to protect the Town. Mr. Simons stated that the Board needs to get the latest facts as to where the where the Town stands on this issue. Mr. Rowen stated that the 91 lots would be spread over 8 years under the Growth Management and Phased Development Bylaw. Ms. Colwell showed the applicants what Mr, Rowen has been working on regarding the number of building permits per year. Mr. Rowen suggested that the Board start working on a conditional approval. Mr. Rowen stated that the sewer overflow is a Town problem and the developer is stepping in to help solve the problem. W. Laudani stated that we're speaking of a preexisting condition. The enforcement order will not be lifted until there is a resolution to the sewer problem. Mr. Laudani stated that ConCom has lost confidence in DPW and so DEP got involved. This has become top priority. Anthony Mesiti stated that there is another alternative, they can go and hook up to Johnson Street and pump into the East Side interceptor. Mr. Laudani stated that he would get the 21E hazardous waste report to the Planning Department by tomorrow, A representative from Camp, Dresser&McKee went over the offsite sewer with the Board. Dick Pelletier, of Mesiti Development, stated that Bruce Taylor, Land Planner, made revisions to the plan and extended the chain link fence to go around the playing field. Mr. Taylor showed the Board his revised plans. Both pump stations will be designed and landscaped in the same manner. Continued until March 17, 1998. Decisions: Rocky Brook Estates II - definitive subdivision On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to approve the definitive subdivision decision as amended for Rocky Brook Estates II. 5 St. Michael's Parish& Church- site plan review On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to approve the draft decision for St. Michael's Church as amended and set the bond at $3,000 cash and $10,000 bond in a form acceptable to the Planning Board. Proposed Warrant Articles: i Ms. Colwell went over the proposed warrant articles for Town Meeting. Mr. Annaloro, Mrs. McCarthy and Peter Hingorani would like to rezone their properties. Ms. Colwell stated that we will also be talking about adding into the bylaw information regarding lot slope, transfer development rights and telecommunications towers. We will have to change the wording for the Growth Management and Phased Development Bylaws, Adjournment: On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to adjourn. The meeting adjourned at 10:30 p.m. 6