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HomeMy WebLinkAbout1998-10-20 Planning Board Minutes Planning Board Meeting Senior Center October 20, 1998 Members Present: Richard S. Rowen, Chairman, Alison Lescarbeau, Vice Chairman and Joseph V. Mahoney were present. Alberto Angles, Associate Member arrived at 7:05 p.m. Richard Nardella arrived at 8:10 p.m. John Simons, Clerk arrived at 8:30 p.m. Kathleen Bradley Colwell, Town Planner was also present. Minutes: On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to approve the minutes for October 6, 1998.as amended. Bonds: 160 Flagship Drive (Material Installations) - bond release Ms. Colwell stated that she recommends a bond release of$15,000 and retain $5,000 for the installation of signs and the replacement of trees, On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to release $15,000 and retain $5,000 for 160 Flagship Drive. 980 Osgood Street (Texaco) - bond release Ms. Colwell stated that she recommends a total bond release of$5,000 because the site is compete and as-built plans have been submitted. On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to release $5,000 plus interest for 980 Osgood ,Street. Settler's Ridge bond reduction Ms. Colwell stated that the Board needed to give a recommendation for the acceptance of Settlers Ridge Road for Town Meeting, Ms. Colwell recommended favorable action on the acceptance of Settlers Ridge Road. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to recommend favorable action on the acceptance of Settlers Ridge Road. Ms. Colwell stated that the applicant is also seeking a bond release. Ms. Colwell received a letter from Tim Willett, DPW recommending a release of$4,000 and to retain $9,600 until the road is accepted. On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to release $4,000 and retain $9,600 for Settlers Ridge Road. Endorse PIans: Country Club Estates - subdivision Continued until the November 17, 1998 meeting. Merrimack College- Cultural Arts Center Ms. Colwell recommended that the Board endorse the plans for Merrimack College Cultural Arts Center. The Board endorsed the plans for Merrimack College Cultural Arts Center. Great Pond Road - Form -A Ms. Colwell stated there is insufficient frontage to create the two lots. However the Zoning Board of Appeals did grant a variance. She stated that Town Councel stated that the Board was not required to endorse the plans, as there is not sufficient frontage. Mr. Rowen asked what would happen if the Board does not endorse the plans. Ms. Colwell stated that the applicant would then have come back to the Board with a subdivision plan. Mr. Nardella stated that this is what the Board has been trying to stop in the watershed. The Town does not want to create additional lots in the watershed. Mr. Mahoney stated that he does not agree with Town Councel. The Planning Board is obligated in his opinion to follow the decision of the Zoning Board. Mr. Mahoney stated that he would endorse the plan. He stated that the Board would have sufficient review of the project under the watershed special permit, common driveway, and access special permits. Mr. Nardella stated that once the lot is created it is more difficult for the Planning Board to deny a watershed special permit. Ms. Colwell stated that the entire frontage is covered by wetlands and the only upland portion is in the back of the lot. She reminded the Board that they have required other applicants to come in with a subdivision plan. Mr. Nardella stated that he agrees with our attorney and would not endorse the plan. Mr. Rowen stated that the Board listened and individually decided that they weren't going to endorse the plans. Attorney Caffrey stated that by endorsing the plans the was not saying that these are buildable lots. Attorney Caffrey asked Mr. Angles why he could not endorse the plans. Mr. Angles stated he couldn't endorse the plans because he is an Associate Member. Attorney Caffrey asked if the Board could open the Public Hearings to hear them out. The Board proceeded to open the Public Hearings for Lot A Great Pond Road - watershed special permit, Lot B Great Pond Road --watershed special permit, Lot A& B Great Pond Road -common driveway, Lot A Great Pond Road - access other than over legal frontage. Mr. Rowen asked the Board if they would vote to endorse the Form-A plan. Ms, Lescarbeau no Mr. Angles can not endorse the plan Mr. Nardella no Mr. Rowen no Mr. Mahoney yes Mr. Rowen stated that the Board will not endorse the FORM A Plan. Mr. Nardella asked if they would consider putting one house out there. Mr. Rowen stated that they should present a subdivision and we will review it with a special permit. Attorney Caffrey stated that we think the law is unsettled and would like to get a copy of the letter from your Town Councel. On a motion by W. Nardella, seconded by Ms. Lescarbeau, the Board voted 4-1 not to endorse the plans as the plan shows a and does not qualify for FORM A endorsement. Mr. Angles did not vote on the plans as he is an associate member of the Planning Board and can only vote on Special Permit issues. Public Hearings (7:30 p.m.) New: Lot A Great Pond Road - watershed special permit, Lot B Great Pond Road - watershed. special permit, Lot A&B Great Pond Road -common driveway, Lot A Great Pond Road - access other than over legal frontage The Board opened the Public Hearings for Lot A Great Pond Road - watershed special permit, Lot B Great Pond Road - watershed. special permit, Lot A& B Great Pond Road -common driveway, Lot A Great Pond Road - access other than over legal frontage all at once as they relate to the same piece of property. Attorney Caffrey of Caffrey & Smith, Jim DeVellis of DeVellis Associates, Chris Huntress of Geller Associates and the applicant Ken Yameen were present. Attorney Caffrey passed out a chronology to the Board on their process of filing their application. Attorney Caffrey stated that both of these lots are at least two acres or close and every other home around them is one acre. Mr. Caffrey stated that all required relief from the Zoning Board of Appeals and ConCom have been obtained, the common driveway will be near the center of the frontage as much as possible to minimize the impact of wetlands, the replication and screening issues have been fully addressed and they have received a letter from Bill Hmurciak to confirm the capacity at the Butcher Boy pumping station to service the site. Jim DeVellis stated that the plan had been revised for the meeting per John Chessia's comments. Mr. DeVellis went over the plans with the Board. He stated that each home would have an infiltration system. There would be grass enhancement swales on the property. He passed out correspondence that he sent to John Chessia dated October 20, 1998. Ms. Colwell stated that there were variances granted on Lot A. A portion of the proposed home is in the no build zone. On Lot B the entire home is in the no build zone and 90' from a wetland. The driveway is within the 75' conservation zone, Ms. Colwell stated that the issues for this Board are storm water related. Ms. Lescarbeau asked if the Board had ever allowed a home to be built in the non- disturbance zone because she does not recall one since she has on the Board, Mr. Rowen asked what is allowed in the non-disturbance zone. Ms. Colwell went over what is allowed in the non-disturbance zone. Mr. Rowen stated that the Town voted for a watershed protection district and the Board needs to follow it. Attorney Caffrey stated that the watershed protection district was based on septic systems. Mr. Rowen stated that that was only one of the reasons. Mr. Nardella stated that he would do anything to help Mr. Yameen because of all the good things he has done for the Town but the creation of these lots does not meet the goals of the Town and the Zoning Bylaw, Mr. Mahoney stated that this plan is very confusing and asked if the applicant had tried to create square lots. Attorney Caffrey stated that they had a plan showing square lots but the Zoning Board of Appeals liked this plan better. Mr. DeVellis went over different plans with the Board. Mr. Rowen asked what the slope of the driveway is on the proposed plan. Mr. DeVellis stated that it is about 4.4%. Mr. DeVellis stated that they are looking for waivers on the roadway width. Attorney Caffrey stated that they would not mind continuing the Public Hearing until they look into a subdivision. Mr. Rowen stated that the Board can't because the lots aren't created as the Form -A has not been endorsed. Ms. Colwell stated that she would prefer not to continue the Public Hearing. On a motion by Mr. Nardella, seconded by Ms. Lescarbeau, the Board voted unanimously to allow Lots A&B watershed special permits, common driveway and access other than over legal frontage be allowed to withdraw without prejudice and to credit their application fees to any future applications. 69 South Bradford Street -watershedspecial permit Julie Parrino of Hancock Engineering was present to represent the potential buyers for 69 South Bradford Street. Ms. Parrino stated that they would like to demolish the existing house and barn and construct a new home. They have filed with ConCom and the Zoning Board of Appeals. Ms. Parrino stated that the current owner of the property bought it so he could restore the home and the barn. The Zoning Board of Appeals questioned whether the home and the barn could be restored. Ms. Parrino stated that she did a site walk with the Zoning Board of Appeals and they came to the conclusion that it could not be restored. The entire property is in the 100' buffer. The lawn currently extends to the wetland however it will be pulled back 25' and a stone wall will be constructed. Ms. Parrino stated that there would be four dry wells installed to treat runoff and a water quality swale for the driveway runoff. They will be conducting soil testing tomorrow. Ms. Parrino went over john Chessia's comments. She stated that the wetland line has been confirmed. Ms. Parrino stated that part of the deed states that they can't use pesticides on the property. The applicants would like to construct a ranch style home in the same location as the old home. Mr. Mahoney asked if the new home would be as close to the road as the one that is there now. Ms. Parrino stated that they would be pushing back the new home a little bit but need a variance from the Zoning Board of Appeals for setback requirements. Ms. Colwell stated that her recommendation would be to build in the same footprint and expand only 25%. Mr. Angles asked why the barn didn't count as an existing structure. Ms. Colwell stated that the Building Inspector stated that it was in such bad shape they couldn't count it. Ms. Parrino went over the numbers for the square footage required for the existing and proposed homes. Mr. Rowen asked what variances they are requesting. Ms. Parrino stated that they are requesting variances for lot area, setbacks, building in the non- disturbance zone and expansion of a non-conforming structure Mr, Rowen asked if they have gone to the Zoning Board of Appeals yet. Ms. Parrino stated that they are continued until the November 10, 1998 meeting. Mr. Rowen stated that he would like to continue this Public Hearing until the Zoning Board of Appeals makes a decision. Ms. Colwell stated the Zoning Board of Appeals is looking for input. Ms. Parrino went over the gross floor area with the Board. Mr. Nardella asked who presently owns the property. Ms. Parrino stated that Carl Arsenault owns it now. Mr. Simons stated that he remembers this going into litigation. Ms. Parrino stated that she believes that it went before the Zoning Board of Appeals and they denied it and then it went into litigation and then they came to an agreement to build. Ms. Colwell is to review the history of this lot. Mr. Rowen stated that he would like to continue until the Zoning Board of Appeals makes their decision. Continued until the November 17, 1998 meeting. Continued: Bradford Street- watershed special permit Ms. Colwell stated that she received a fax from John Chessia stating that everything was all set. Ms. Colwell stated that this project shows that it is feasible and acceptable to do one home on 5 acres. Ms. Colwell stated that there were a couple of drainage issues from the last meeting that have been addressed. The Board went over the draft decision. Mr. Simons questioned the limit of clearing. Ms. Colwell stated that she brought that up at the last meeting and none of the Board members seem to have any concerns. On a motion by Mr. Angles, seconded by Mr. Mahoney, the Board voted unanimously to close the Public Hearing. Executive Quarters - Hillside Road and Rt. 125 bypass) - site plan review Paul Marchionda of Marchionda Associates, Michael Weinmeyer, Landscape Architect, Anthony Mesiti, Mesiti Development, Ken Grandstaff, Mesiti Development and Bill Barrett were present representing Executive Quarters. Michael Weinmeyer went over the landscaping plans with the Board. Mr. Weinmeyer stated that there would be a buffer on Hillside Road. They will be keeping the existing trees and adding 6'-7' maple trees. Mr. Weinmeyer showed the Board pictures of the property. Mr. Weinmeyer stated that they would put up an orange fence to save the existing trees. Mr. Weinmeyer stated that he would like to be there the day construction is started so he watch what trees are taken down and they don't make any mistakes. Mr. Weinmeyer stated that they would be putting P.J. Rhododendrons in the front of the building along Rt. 125 with a picket fence. Mr. Simons questioned what it would look like looking at the site from the homes on Hillside Road, Mr. Weinmeyer showed Mr. Simons pictures of what it would look like. Mr. Rowen asked what size the buffer trees were. Mr. Weinmeyer stated that they are 6'- 7' high. Mr. Simons stated that they need to buffer the parking lot. Ms. Colwell asked if there was going to be a berm at the swale. Mr. Weinmeyer stated that there was not. Mr. Nardella stated that the Board wants to make sure that there is a solid buffer to shield the homes from headlights. Mr. Weinmeyer stated that they put in a lot of buffer but, if the Board would like to add more later that would be fine. Ms. Colwell questioned HVAC units, Mike Madderos stated that they are not typical air conditioners, they are air chillers which are enclosed like a dumpster. Ms. Colwell asked if there were any rooftop units. Mr. Madderos stated that there are none. Ms. Colwell questioned the lights on the site. Ms. Colwell stated that we don't want to see the lights on all night long, maybe just a light over the door. Anthony Mesiti stated that we could put the lights on a timer. Ms. Colwell suggested that they work with the Police Department for security reasons, Mr. Rowen stated that the light couldn't leave the property. Mr. Mesiti stated that they could work with their electrician. Mr. Simons questioned the sign. Mr. Madderos stated that it would be put on Rt. 125. Mr. Marchionda showed the Board a draft plan of the sign. Mr. Mesiti stated that they are working with a sign company to make sure we go by the Town's sign bylaw. Mr. Simons asked what the sign was made of. Mr. Marchionda stated that they are still working with the company on that. Mr. Simons stated that he hopes the sign is consistent with the building. Mr. Simons stated that he hopes the sign is subdued. Mr. Mahoney stated that Butcher Boy has an attractive sign. Dermit Kelly stated that he spoke to the Fire Department and Fred Soucy of the Police Department and they have no problems with the plan. Mr. Kelly stated that they spoke to Mass Highway today and they are going to be doing a study on this intersection in the next year, Mr. Kelly stated that he gave Mass Highway a copy of the plan they did. Mr. Simons questioned whether Mr. Weinmeyer has ever seen islands in the road landscaped. Mr. Weinmeyer stated that he has seen islands with Rosarugueso on Cape Cod. Mr. Simons stated that he thinks it is a fabulous idea if the applicants would like to consider it. Ms. Colwell stated that she needs a final elevation plan. Mr. Mesiti stated that for the next meeting they would have the sign details and parking lot lighting. Mr. Rowen stated that he would recommend Ms. Colwell draft a decision for the next meeting. Continued until the November 17, 1998 meeting. Decisions: Bradford Street - watershedspecial permit On a motion by Mr. Angles, seconded by Mr. Mahoney, the Board voted 4-0 to approve the watershed special permit known as Bradford Street. Mr. Angles voted as an Associate member because there was an insufficient number of regular Planning Board members to vote on this application. Mr, Nardella and Ms. Lescarbeau abstained from voting, as they were not at the last meeting. Lyons Way - definitive subdivision On a motion by Mr. Nardella, seconded by Mr. Mahoney, the Board voted unanimously to approve the definitive plan known as Lyons Way as written. Adjournment: On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney, the Board voted unanimously to adjourn. The meeting adjourned at 9:30 p.m.