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HomeMy WebLinkAbout1998-09-01 Planning Board Minutes Planning Board Meeting Senior Center September 1, 1998 x Members Present: Richard S. Rowen, Chairman, Joseph V. Mahoney were present. Richard Nardella arrived at 7:05 p.m. John Simons arrived at 7:26 p.m. Kathleen Bradley Colwell, Town Planner was also present. Minutes: On a motion by Mr. Mahoney, ,seconded by Mr. Nardella, the Board voted unanimously to approve the minutes for August 18, 1998 as written. Endorse Plans: Bradford Street - ANR Attorney Schiavoni was present to represent the Bradford Street Form -A. Mr. Schiavoni stated that the locus plan has a small error. Mr. Schiavoni stated that were looking to correct an existing problem. Mr. Schiavoni stated that he contacted the Planning Department in March and Ms. Colwell told him that she needed to talk to Town Council. Mr. Schiavoni stated that the pump station is the problem and when they do these lots they will redo the pump station. Mr. Schiavoni stated that they filed the application with the Planning Department on June 9, 1998 and no action has taken place. Mr. Schiavoni stated that he has no problem with having a covenant stating that we don't want municipal services. Mr. Rowen asked when they want to start construction. Mr. Schiavoni stated that they would like to start in the Fall. Mr. Schiavoni showed the Board the plans. Mr. Rowen stated that we can't sign a Farm-A plan if it doesn't meet the frontage requirements. Mr. Schiavoni stated that the Board can sign the plan. Mr. Mahoney stated that we should ask our Town Council. Tom Urbellis, Town Council stated that it wasn't filed with the Town Clerk Mr. Rowen stated that we will sign the plans if you put on the plans that the land in North Andover is not buildable. Mr. Rowen asked if they will have to get a curb cut permit from the DPW to access these lots. Ms. Colwell stated that they would. Mr. Nardella asked if this had to go to Land Court. Mr. Schiavoni stated no, it has to go to the Registry of Deeds. W. Schiavoni stated that he would put on the plans that there will be no municipal services allowed, there is no attending North Andover schools allowed, there are no builadble lots in North Andover and they will have Haverhill addresses. The Board authorized Ms. Colwell to endorse the plans when she receives a revised copy of the additions made to the plan. p - Bonds: Settler's Ridge- definitive subdivision E Ms. Colwell stated that she received a letter from Tim Willett recommending a release of j $22,700 and retain $23,700. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to release $22,700 and retain$23,700. Public Hearings (7:30 p.m.) New: Berrington Estates..- repetitive petition The applicants requested a continuance until October 6, 1998. Tom Urbellis, Town Council went over the status of Berrington Estates court case with the Board. Mr. Urbellis stated that we filed a motion to dismiss and we're waiting for a response. Bill Sullivan, Chairman of Zoning Board of Appeals stated that he needs to know where they stand for with the applicants. Mr. Rowen stated that you should not except it until such time after the plans are endorsed and a vote is taken on the repetitive petition and then the ZBA can vote. Bill Sullivan asked how long they foresee this taking. Mr. Rowen stated that after the court case is resolved the applicants will go on the next meeting for the endorsement of plans and then we'll vote on the repetitive petition. Bill Sullivan stated that they have been continuing on their Board since April. Mr. Simons stated that they should withdraw their application. Bill Sullivan asked if they don't withdraw what should they do. Mr. Simons stated that you would have to deny it. Tom Urbellis stated that they should make it clear that the Planning Board has not made their decision and the Zoning Board of Appeals can't make a decision until the Planning Board does. Mr. Rowen stated that Mr. Sullivan could suggest to the applicants to speak to the Town Planner. Mr. Mahoney stated that he believes that this is improperly before the Zoning Board of Appeals. Walter Soule, Vice Chairman of the Zoning Board of Appeals stated that he was the acting Chairman and he offered them every choice to withdraw and then we denied it. Bill Sullivan stated that these people don't do what is suggested to them. Bill Sullivan asked if he could tell the applicants that they are improperly before the Zoning Board of Appeals. Mr. Rowen stated yes. Continued: 200 Chickering Road Rennes) site plan.review Mark Gross of MHF Design was present to represent Scott Construction. Mr. Gross stated that he received a letter from John Chessia of Coler& Colantonio and he had a discussion with Ms. Colwell and she stated that they were all set. Ms. Colwell stated that the ponds will not contain no more than 9" of water. Ms. Colwell stated that another test pit should be done by the leaching area. Mr. Gross went over the parking space issue. Mr. Rowen stated that he would like to come up with language that is used by the building inspector for the number of parking spaces. Mr. Gross went over his theory on the number if parking spaces. Mr. Nardella stated that the zoning bylaw states that for - residential area the parking spaces required are greater than retail area. Mr. Gross stated that all these tenants need to submit building plans to the building inspector so he will be able to enforce if they try to put in tables or booths. Mr. Nardella stated that he wants to see this succeed. The Board went over the number of parking spaces for residential and for retail. Mr. Rowen stated that right now they are set up for retail. Mr. Mahoney stated that we have a building inspector to enforce this. Mr. Nardella stated that 701 Salem Street has a table in there and they're not supposed to. Mr. Gross stated that this is an enforcement and not part of the approval. Mr. Gross stated that if there is a tenant that would be brought in they would have to go to the building inspector anyway. Mr. Nardella stated that they don't have enough parking to get a restaurant. Dave Rennie asked if they have enough parking for any seating. Mr. Rowen stated that they don't have enough parking. Mr. Gross stated that they are not going to build the building with out tenants sot hey will have to come back before the Board if they need more parking spaces. Mrs. Rennie asked if this is affected with a coffee shop. Mr. Nardella stated that no, as long as there are no seats. Bill Sullivan, Chairman of Zoning Board of Appeals stated that if there are counters that customers can serve themselves that is considered a'seat. Mr. Rowen stated that we just want to make sure that your eyes are open. Ms. Colwell went over her wording for the parking spaces. On a motion by Mr. Mahoney, seconded by Mr. Nardella, the Board voted unanimously to close the Public Hearing. Decisions: 350 WinthropAvenuearket Basket - site plan review The Board went over the decision. On a motion by Mr. Simons, seconded by Mr. Nardella, the Board voted unanimously to approve the site plan review decision for 350 Winthrop Avenue (Market Basket) as amended. 200 Chickering Road Rennes site plan review On motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to approve site plan review decision for 200 Chickering Road as amended. Abbott Village - common drivewa Ms. Colwell stated that the Planning Board denied and they went to court. The judge didn't buy our decision because it wasn't written in our zoning bylaw. Ms. Colwell stated that judge approved the common driveway. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to approve the common drive as amended. Executive Session: Heritage Estates �4/ On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board agreed to convene into Executive Session for the purpose of discussing Heritage Estates subdivision. The p vote took place at 8:25 p.m. Roll call vote: Mr. Nardella yes Mr. Mahoney yes Mr. Rowen yes Mr. Simons yes On a motion by Mahoney, seconded by Mr. Nardella, the Board agreed to come out of executive Session and reconvene in open session. The vote took place at 9:15 p.m.. Roll call vote: Mr. Mahoney yes Mr. Nardella yes Mr. Rowen yes Mr. Simons yes Mr. Mahoney stated that he would like to have Mr. Rowen write a letter to Mrs. Kulash to be published in the local press, correcting her own published misstatements of fact and her so-called public apology for the Board's action with respect to the hearing and discussion of MRI site plan review, and our dismay that in her excess of zeal as an activist she urged the Planning Board to disregard the statute, zoning bylaws and the Board's own rules and regulations. Adjournment: On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to adjourn. The meeting adjourned at 9:15 p.m.