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HomeMy WebLinkAbout1999-04-20 Planning Board Minutes Planning Board Meeting Department of Public Works April 20, 1999 Members Present: Richard Rowen, Chairman, Alison Lescarbeau, Vice Chairman and Joseph V. Mahoney were present. John Simons, Clerk arrived at 7:25 p.m. William Scott, Director of Community Development and Heidi Griffin, Town Planner were also present. Alberto Angles, Associate Member and Richard NardeHa were absent. Minutes: On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney,the Board voted unanimously to approve the minutes for April 6, 1999 as amended. Discussion: Certificate for Rose Meadow The applicant for Rose Meadow did not get the plans recorded at the Registry of Deeds within six months. The applicants needed the Board to endorse this certificate,stating that there has been no modifications or changes to the plans. The Board endorsed the certificate. CIP Recommendations: Roadway Improvements Bill Hmurciak was present to present the CIP for roadway improvements. Mr. Hmurciak stated that this proposal is to reconstruct, repave, install drainage and provide legal work necessary to improve to town standards and accept a prioritized fist of private roadways in town. On a motion by Mahoney, seconded by Lescarbeau, the board voted unanimously for a favorable recommendation for roadway improvements. Sidewalk Construction Bill Hmurciak was present to present the CIP for sidewalk construction. Mr. Hmurciak stated that this proposal is to install sidewalks on streets prioritized by the School Department for students at the Sargent and Franklin School. On a motion by Mr. Mahoney, seconded by Mr. Simons,the board voted unanimously for a favorable recommendation for sidewalk construction. Water Main Rehabilitation Bill Hmurciak was present to present the CIP for the water main rehabilitation, Mr. Hmurciak stated that this proposal is for the water main rehabilitation of old unlined cast iron water mains and the installation of new mains into areas without fire protection. On a motion by Ms. Lescarbeau, seconded by Mr. Simons,the board voted unanimously for a favorable recommendation for the water main rehabilitation. Sewer S s. Ext. South Side of Lake Bill Hmurciak was present to present the CIP for the sewer system extension on the South side of the lake. Mr. Hmurciak stated that this proposal is for the continuation of the Phase III sewer project. Phase III-D will install sewer on Russett Lane,Winter Street, Glencrest Drive, and Dale Street. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau,the board voted unanimously for a favorable recommendation for the sewer system extension on the Southside of the lake. Sewer Sys. Ext. Watershed Ph. IV Bill Hmurciak was present to present the CIP for the sewer system extension in the watershed phase IV. Mr. Hmurciak stated that this proposal is to construct sewers to service all remaining houses in the Lake Cochichewick watershed. Sewers will service Abbott Street, Dale Street, Great Pond Road, 3ohnson Street, Marbleridge Road, Osgood Street and Salem Street. On a motion by Mr. Simons, seconded by Mr. Mahoney,the board voted unanimously for a favorable recommendation for the sewer system extension in the watershed phase IV. Sewer Sy stem Im rovements III Bill Hmurciak was present to present the CIP for the sewer system improvements Ili. Mr. Hmurciak stated that this design and construction of sewer system improvements identified by facilities plan. Eligibility requirements have been modified by D.E.P. consequently additional areas of the sewer collection system will qualify for the State Revolving loan program. Continuation of Private Inflow removal program. On a motion by Mr. Mahoney, seconded by Mr. Simons, the board voted unanimously for a favorable recommendation for the sewer system improvements III. Street Acceptances: Foxwood Drive The residents of Foxwood had drafted a letter and read it to the Board. The letter is dated 4/15/99 and a copy of it is in the Foxwood Subdivision file in the Planning Department. The residents of Foxwood also signed a petition regarding all the problems that still have not been resolved at Foxwood. A copy of the petition can also be found in the Foxwood Subdivision file at the Planning Department. The applicants requested to withdraw their petition for street acceptance for Foxwood Drive. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. BeM Street Mr. Scott stated that this road is not part of subdivision. Mr. Scott stated he would let Bill Hmurciak explain. Bill Hmurciak stated that Berry Street used to be a public way but the Town abandoned it in 1929. There is an interest to accept this road. Mr. Hmurciak stated that they have received a letter from Town Council stating that they can't move forward at this time. On a motion by Mr. Mahoney, seconded by Mr. Simons,the Board voted unanimously for unfavorable action to accept Berry Street. Continued until the April 20,1999 meeting due to lack of information submitted to the Planning Department. Meadowood Road The applicants requested to withdraw their petition for street acceptance for Meadowood Road. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau,the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Phi ' s Common The applicants requested to withdraw their petition for street acceptance for Phillips Common. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Weiland Circle The applicants requested to withdraw their petition for street acceptance for Weyland Circle. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Bucklin Road The applicants requested to withdraw their petition for street acceptance for Bucklin road. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau,the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Peterson Road The applicants requested to withdraw their petition for street acceptance for Peterson Road. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. r Copley cele The applicants requested to withdraw their petition for street acceptance for Copley Circle. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau,the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Cobblestone Circle The applicants requested to withdraw their petition for street acceptance for Cobblestone Circle. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau,the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. White Birch Lane Mr. Scott stated that the easements and deeds were submitted to Town Council. Mr. Scott stated that we need to have proof that they have retained ownership. Mr. Rowen asked if this could be clarified by Town Meeting. Mr. Scott stated that as indicated in Section 9 and 10 of the Rules and Regulations they need to request a certificate of compliance by return receipt certified mail. Cherise Circle Mr. Scott stated that the easements and deeds were submitted to Town Council. Mr. Scott stated that we need to have proof that they have retained ownership. Mr. Rowen asked if this could be clarified by Town Meeting. Mr. Scott stated that as indicated in Section 9 and 10 of the Rules and Regulations they need to request a certificate of compliance by return receipt certified mail. Old Cart Way Mr. Scott stated that the easements and deeds were submitted to Town Council. Mr. Scott stated that we need to have proof that they have retained ownership. Mr. Rowen asked if this could be clarified by Town Meeting. Mr. Scott stated that as indicated in Section 9 and 10 of the Rules and Regulations they need to request a certificate of compliance by return receipt certified mail. Huckleberry Lane The applicants requested to withdraw their petition for street acceptance for Huckleberry Lane. u rad -k d On a motion by Mr. Mahoney seconded by Ms. Lescarbeau,the Board allowed Evergreen Management to withdraw as stated in their letter dated April 20, 1999. Public Hearings(7:30 p.m.) New: Section 2.27—building hd& Mr. Simons read the legal notice. Mr. Rowen asked if this meets the State Regulations. Bin Barrett stated that this meets the state building codes and the current regulations. Mr. Barrett stated that the definition today does not stop building it just makes poor building. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously for favorable recommendation on Section 2.27. Amend Zo& Z Bylaw Section 4.133 Mr. Simons read the legal notice. Joan Kulash stated that that this is Thea Fournier's petition but couldn't make it. Mr. Scott went over Ken Kimmells recommendation. Mr. Simons asked if the Attorney General would strike this petition down. Mr. Scott stated that Attorney KimmeU did not say that. Mr. Scott stated that the Board of Health makes the recommendation and if it isn't done then it is moved on. Mr. Mahoney asked what Mr. Scott is recommending, Mr. Scott stated that he is recommending an unfavorable recommendation. Mr. Rowen questioned if it is in the Mass. General Laws why does it have to be restated in the bylaw. Mr. Rowen stated that by putting this in the zoning bylaw it is saying that you have to obey the law. Mr. Rowen stated that the language in the proposed article does not clarify the description. Ms. Lescarbeau stated that it is a necessity because it is a state law. Mr. Rowen asked if we could define what a resource recovery facility is. Mr. Rowen stated that he wants to support it but procedurally he can't. Mr. Rowen stated that he is not sure this is the best language for this. Mr. Rowen stated that his preference would be to take it a step finiher and recommend language for a zoning bylaw change for the next Town Meeting which requires an applicant requesting site plan review for a resource recovery facility to demonstrate that the cumulative impact of air emissions does not exceed recommended levels in North Andover. Mr. Rowen stated that what we went through last summer was painful for a lot of people. On a motion by Ms. Lescarbeau, seconded by Mr. Simons, the Board voted unanimously for unfavorable action for Section 4.133. Rezone Rt. 114—Atlantic Real ly Trust Tom Laudani was present to present the rezoning of Rt. 114. Mr. Laudani stated that the pieces to be rezoned are the ABC parcel, Rea parcel and two of the McGregor parcels. Mr. Laudani stated that the ABC and Rea parcels are I-1 and the McGregor parcels are B- 1 and residential. We have met with Mr. Scott as with other departments. Ms. Lescarbeau asked what the area was. Mr. Laudani stated that it is about 12 acres. Mr. Scott stated that(VC) is the most restricted area and requires a larger lot area. Mr. Rowen asked if there were any plans for development. Mr. Laudani stated that he would like to get it rezoned and then work with the Town to go over what would be useful. Ms. Lescarbeau asked who are the abutters in the rear. Mr. Laudani stated that behind the property is Woodlea Village and two Form-A lots and next to it is Jefferson Park. Mr. Laudani stated that there is a significant buffer from Woodlea. Mr. Laudani stated that the developable portion of the property is small and is only about 6,650 SF pads. Mr. Simons asked if they are planning on putting all 6 lots together. Mr. Laudani stated that they have 4 lots and McGregor has 2 lots. Mr. Simons stated that he would like to see the properties connected. Mr. Laudani stated that they could not because there is a tributary in between Mr. McGregor's property and ours. Mr. Scott stated that during dialog with the ConCom they stated that nobody is going to cross the tributary. Mr. Simons asked if there were single ownership would you do it this way. Mr. Laudani stated that it wouldn't matter. Mr. Scott stated that with Village Commercial they need 90,000 SF for a requirement. Mr. Simons stated that he thinks Mr. Laudani should explain this better at Town Meeting. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted unanimously for a favorable recommendation for rezoning Rt. 114 Atlantic Realty Trust. ezone Osgood S reet—Forgetta pWpM John James Jr, was present to present the 17-acre Forgetta parcel. Mr. James stated that after meeting with the Planning Department they had withdrew. The two homes owned by the family is currently I-2 and only want to re,-zone the parcels with the homes on them. The parcel in question is about 5 acres. Mr. James stated that they have already met with Mr. Scott. Mr. Forgetta showed the Board the property on the plan. Mr. Forgetta stated that this is already a non-conforming use. Mr. Simon stated that we should plan long term. Mr. Simons stated that he would like some time to talk about this. Mr. James stated that he would get'a plan showing the boundaries. Continued until the May 18, 1999 meeting. Rezone Rt. 114—H "ar PrQprt Scott Hajar was present to present his zoning change for Rt. 114. Mr. Hajar stated that he has met with Mr. Scott and decided that he would like to change his zoning to Village commercial instead of General Business. Mr. Habar stated that he has scheduled a Public Hearing for April 29, 1999 to discuss the rezoning to Village Commercial. The Board pl agreed it would be a better plan. Donald Cresiteli of 197 High Street stated that he has property at 642 Turnpike Street across the street from Mr. Ha&. Mr. Cresiteli stated that he does not want to be the only one that is not Village Commercial. On a motion by Ms. Lescarbeau, seconded by Mr. Simons,the Board voted unanimously to close the Public Hearing. On a motion by Ms. Lescarbeau, seconded by Mr. Mahoney,the board voted unanimously for unfavorable action to rezone Rt. 114 to General Business. We will be discussing the rezoning to Village Commercial on April 29, 1999. 492 Sutton Street (storage facilit The applicants requested a continuance until the May 18, 1999 meeting due to the lack of members at the meeting. Lot 23B &24B Rocky Brook—common drive Continued until the May 18, 1999 meeting. Lot 23B &24B Rocky Brook—access other than over frontage Continued until the May 18, 1999 meeting. Calf Pasture---definitive subdivision Ralph Joyce was present to present the application for Calf Pasture and the Rea Street, common drive. Mr. Joyce stated that he has made all the changes to the plan per the Planning Department. Joe Averka had questions regarding whether there had been any new surveying done on the property. Mr. Averka stated that he and his mother are in the dark on this project. Mr. Joyce stated that there has not been any new surveying on the property. Mr. Rowen went over the location of the home with the Averka's. The Board went over the plans, Mr. Scott stated that in the decision there would be a list of waivers. On a motion by Mr. Simons, seconded by Ms. Lescarbeau,the Board voted unanimously to close the Public hearing and issue a decision for both hearings at the April 29, 1999 meeting. Continued: Rea Street—common drive The Board discussed this hearing with Calf Pasture since they were of the same property. Decisions: 5 Boston Hill Road -telecommunications tower On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to approve the decision for 5 Boston Hill Road, Telecommunications Tower as amended. Adjournment: On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to adjourn. The meeting adjourned at 10:00 p.m. p