HomeMy WebLinkAbout2003-04-08 Planning Board Minutes 2 TOWN OF NORTH ANDOVER PLANNING BOARD
3 Unapproved Minutes
4 April 8, 2003
5 Regular Meeting
6
7 Members Present: John Simons, Chair, Rick Nardella, Clerk, George White, Alberto Angles
8 James Phinney,Associate Member
9 Members Absent: Felipe Schwarz
10 Staff Present: J. Justin Woods, Planning Director, Debbie Wilson, Planning Assistant 4�
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13 7:09PM Meeting called to order by Chair
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15 1. Old Center Lane for 340 Johnson Street—Watershed Special Permit Bond Release
16 Ben Osgood, New England Engineering, addressed the board and discussed the release of his bonds.
17 The Planner addressed the board and explained that there is a $5,000 watershed bond and $8,000
18 subdivision on this project. As-built plans have been submitted and construction is in conformance with
19 the approved plans. The Planner recommends releasing the watershed bond. White motioned to release
20 the 5,000 watershed bond. 2nd
by Angles Discussion: None. Motion carried 3-0 (Simons, Angles.
21 White)
22 [James Phinney arrived at 7:17PM]
23 2. Rosewood Construction—Riverbend Crossings
24 The Planner addressed the board and explained that condition 6A requires the Board to make a vote to
25 find that the "Erosion and Siltation Control Program is being adhered to and that any unforeseen
26 circumstances have been adequately addressed." The Planner asked the applicant to obtain a statement
27 from the Environmental Monitor. This has been done and the planner has received a concurring memo
28 from the Conservation Department, Angles Motion to find that the Erosion and Siltation Control
29 Program is being adhered to, that any unforeseen circumstances have been adeguately addressed,
30 and to authorize the Planner to sign the Form U. 2nd by White. Discussion: None. Motion carried
31 3-0(Simons, Angles,White).
32 [Rick Nardella arrived at 7:3 IPM]
33 3. Forest View Estates
34 3.1 Partial Bond Reduction for Phase 1
35 The Planner addressed the board regarding the bond issues and reviewed a spreadsheet outlining all of the
36 sections of roads by stations and the corresponding bonding. With regards to phase 1, the applicant
37 posted a $1.5 Million bond and is requesting a reduction of 1,048,375.05 (which is approximately a 70%
38 reduction), VI-113 has recommended that up to 91.6% of the bond could be reduced. Staff recommends
39 reducing the bond by$1 Million and keeping$500,000 bonded.
40 Angles motion to reduce the surely bond for Phase 1 consisting of Amberville Road from station
41 0+00 to station 13+16, Palomino Drive from station 0+00 to station 6+80, and Anvil Circle from
42 0+00 to station 2+85, from$1.5 Million to $500,000. 2"' by White. Discussion: None. Motion carries
43 5-0.
44
45 3.2 Form J Lot Release for Phase 5
46 The Planner explained that Attorney Johnson faxed over a copy of the Form J lot release for the lots in
47 Phase 5, which consists of lots 67A, 68A, 69A, 70A, 71A, & 72A as well as for lots 23, 24,25, 26, 27 &
48 28, on March 3, 2003. The Form J has been reviewed by Staff and the Town Attorney. The Planner
49 recommended signing the Form J. Angles motion to execute the Form J lot release for lots 67A, 68A,
50 69A, 70A, 71A, & 72A as well as for lots 23, 24, 252 26, 27 & 28. 2" by White. Discussion: None,
51 Motion carries 5-0. The Board members signed the Form J and Attorney Johnson notarized it.
Unapproved Planning Board Minutes Page 2 of 5
April 8, 2003
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2 3.3 Forret F Performance Bond A eement for Phase 5
3 The Planner explained that the Applicant has submitted a complete Form F Performance Bond
4 Agreement, which appears in order and is accompanied by Bond # 929283578 in the Amount of$40,000
5 for Phase 5. Phase 5 is 586 ft of Amberville Road from station 21+00 to station 26+86. The Form F has
6 been reviewed by Staff and the Town Attorney. VHB recommended bonding $38,139,78 and the Planner
7 advised the applicant to prepare the in the Amount of$40,000. Angles motion to accept the Form F
8 Performance Bond Agreement accompanied by Bond # 929283578 in the Amount of $40,000 for
9 Phase 5.2" by White.Discussion:None. Motion carries 5-0.
10
11 3.4 Form U's for Lots 12A 16 18 (building permits)
12 Attorney Mark Johnson addressed the board and asked if the planning department could authorize the
13 form U's. Pat Cohen, Pulte Homes and would like to know if the board will authorize the Planner to
14 sign the form U's. The Chair indicated that the Planner should approve and review form U's. The
15 Planner has no problem approving Form U's, but in that in this particular case the decision indicates that
16 the Board will review Form U's. The Chair feels that the vote should be that the planner be given the
17 authorization to sign form U's, Mr. Cohen would like the sidewalks to be a part of the CO. Nardella said
18 he feels that the sidewalk should go in first. The Planner indicated that the grading and staking is
19 presently required before the foundation is dug and that due to the heavy equipment running over this
20 area, it would more practical to put the sidewalks in after the foundation is dug. Nardella asked if they are
21 buildings their sidewalks to the current specifications. Mr. Cohen indicated that they are building them to
22 the plans in the original decision. Going forward, Nardella would like decisions to say that current
23 sidewalks must be up to current specifications. Angles asked if there was anything from DPW and the
24 Planner explained that VHB provided the paperwork. The top coat and curb has to be re-done per Pat
25 Cohen and he feels that there is ample bond money being held to see that this is done. Angles motion to
26 modify condition 7E to require that sidewalks are constructed prior to a Certificate of Occupancy,
27 but waive the requirement that they be staked and zraded prior to a Form U and to dele ate the
28 town planner authority to verify form U's as appropriate under condition 7A of the Definitive
29 Subdivision Approval. 2nd by White. Discussion:None. Motion carries 5-0.
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31 4. Brooks School— 1160 Great Pond Rd Ex ired Site Plan
32 John Trovag representing Brooks School addressed the board. Due to the present economy they would
33 like to amend the building plans to construct a smaller size building and extend the decision. The Planner
34 addressed the board and discussed that on March 13, 2001 the Planning Board approved a site plan permit
35 for the construction of a 102,000 square foot athletic facility. This permit was filed on March 15, 2001
36 and expired on March 15, 2003. On March 19, Brooks engineer sent a fax requesting an extension. The
37 Planner consulted with the Town Attorney and replied on March 31, 2003. On April 2, James Pugh
38 responded outlining the reasons for the delay. Primarily, the project has been redesigned and scaled down
39 to about 50,000 square feet. Currently, the project is still in the "design phase at this time." Given that
40 the permit has expired and substantial use or construction has not commenced, and given that the project
41 design will not be the same as the design approved by the Planning Board, the Planner recommends to the
d 42 board that they let the permit expire and advise the applicant to reapply when the new design is complete.
43 The Chair stated that the Board needs to be consistent with every applicant. He advised Brooks
44 School to reapply, and stated that the Board would waive planning fees. The Planner clarified that
45 the Board would waive only the application fees,not the engineering review fees.
46
47 Public Hearings (7:39 p.m.):
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49 5. 211 South Bradford Street Watershed Special Permit
50 Dick Doherty, Hancock Engineering, representing the applicant addressed the board regarding 211
51 South Bradford Street. The applicants have filed with the Conservation Commission and have received
52 an extension of a variance from the ZBA for a non-conforming lot and side set backs. Drainage was
53 discussed and Mr. Doherty feels that it is adequate for the 100 year event. There will be no discharge to
i
ny�
Unapproved Planning Board Minutes Page 3 of 5
April 8, 2003
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2 the lake or area wetlands. The Planner asked the applicant if the home was a one story home or two?
3 The applicant indicated that it is a two-story home with an attic that makes it three floors high. The
4 Planner stated that the Mylars need to indicate the actual number of stories. New plans were submitted
5 tonight. The Planner has indicated that the new plans need to be sent to VHB and suggests continuing this
6 until the next meeting. Angles asked about the water overflow and if this would be a problem. Mr.
7 Doherty said it is good for the 100-year event. White motion to continue the Public Hearing until the
8 April 22" meetin 2"bNardella. Discussion:None. Motion Carries 5-0.
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10 Continued Public Hearings(7:50):
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12 6. 10 Commerce Way, Car Wash Facility, Site Plan Special Permit
13 The Planner addressed the board and indicated that he received a letter from Jim Comeau, Hancock
14 Engineering, stating that their engineering team is diligently working on the items requested by the
15 Planning Board. In the letter, Mr. Comeau requested an extension from April 30, 2003 to June 30, 2003
16 and a continuance of the public hearing from April 8, 2003 to either May 6, 2003 or May 20, 2003. The
17 Planner recommends granting the extension and continuing the matter until May 6, 2003, The Planner
18 indicated that he informed the applicant that the board was growing impatient in regards to these
19 continuances. Dick Doherty, Hancock Engineering said that the firm would need about two weeks to
20 address the outstanding issues. Angles asked when this was originally opened. The Planner said that the
21 application was received by the Planning Department in August 2002. Nardella motion to grant the
22 extension for 10 Commerce Way until June 30 2003 and continue the hearing until Ma6th. 2nd b
23 Phinne . Discussion: Angles does not think the board should grant this extension because he feels that
24 the planning department had been under staffed during a large part of the time that 10 Commerce Wa
25 has been before the board and that they should be prepared to resolve this in a timely fashion or not be
26 allowed to go forth. This project has involved a lot of the Planning Board's and Plannin Deartment's
27 time and energy and they still have not addressed all of VHB's concerns. Angles thinks the..applicants
28 should either withdraw the application and. reapply when...thgy have their stuff together or the Board
29 should degy..the application as incomplete. Nardella stated that antro additional time seemed
30 reasonable so as not to rush the engineers resulting in a poor design. The Chair stated his concerns about
31 due process and notification issues but indicated he would a ee to continue this matter. Motion Carries
32 4-1 with Angles voting against the motion.
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34 7. 500 Sutton Street, Lighthouse Realty Trust Site Plan& Watershed Special Permits
35 The Planner recapped the four issues remaining from the last meeting. On March 25, 2003, the Planning
36 Board requested the Applicant to (1) obtain a letter from Conservation confirming that the project
37 maintained adequate distances from jurisdictional wetlands, (2) provide copies of the lease, (3) add
38 additional dumpsters, and (4) improve the dumpster area by including additional landscaping and a
39 retaining wall. The Planner received a memo from Conservation stating that the site is "not an area
40 subject to protection under the Massachusetts Wetlands Protection Act or the local Wetlands Bylaw.
41 Additionally, the Planner noted that the Applicant had revised the HydroCAD model to satisfy all of
42 VHB's recommendations. Nardella discussed the issue of the lease. He asked about the 60-year lease
43 and how that would work. The applicant indicated that the lessee would pay a condo fee with the right to
44 use the land. The building would have to be removed if the 60-year lease was not renewed. Nardella
45 discussed the difference between ownership of the building and not the land. The applicant explained that
46 the land would be leased just as other properties located at the airport are and the building would be
47 owned similar to purchasing a condo. Nardella feels that the building would have to come down and then
48 what would be the value of the property. The Chair stated that this is not an issue pertaining to the special
49 permit. On sheet four of the new plans the applicant addressed the outstanding issues of the board. He
50 addressed the issue of filing an NPDES permit with the EPA and addressed removing a parking space and
51 putting in a screened dumpster. He would like the signs selected by the Planning Board. The Chair asked
52 the material of the sign. They are metal and within building specifications. Chris Huntress, Huntress
53 Associates, addressed the board about the landscaping and new retaining wall. Plantings have been
Unapproved Planning Board Minutes Page 4 of 5
April 8, 2003
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2 added per the Planning boards request. The retaining wall is approximately 110 feet in length. A new
3 detail has been added which is a hedge row for better screening with a 6 foot cedar fence. Parking spaces
4 are 114 instead of 104. Nardella motion to close the pubHe hearing for 500 Sutton Street Special
5 Permit and Watershed Special Permit. 2nd by White. Discussion:None Motion carries: 5-0.
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7 8. Clark Street,Napoli Trucking Site Plan Special Permit& Watershed Special Permit
8 The Planner addressed the board and indicated that the applicant has answered all of the Planning boards
9 questions. The Chair asked about the lighting and Mr. Phil Christianson, Christianson & Sergi,
10 representing the applicant addressed the board and said the lighting would be on the building. The
11 applicant feels that Mr. Nicetta may request a fence and would like it put in the decision that the planner
12 can review minor modifications to the decision. Mr. Napoli addressed the board and feels that because it
13 is considered a contractor yard a fence may be required. Nardella motion to close the public hearing for
14 Napoli Trucldnz site plan special permit and water shed_special_permit. 2nd by White. Discussion:
15 None Motion carries: 5-0.
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17 9. 500 Great Pond Road, North Andover Country Club Site Plan Special Permit & Watershed Special
18 Permit
19 The applicant requested a continuance, which was granted at the last meeting. To date, the applicant has
20 not responded to any of VHB's comments or contacted staff with any action plan to address the long list
21 of items generated by VHB and staff. Staff contacted the applicant's engineer Tom Childs, and asked
22 when they would begin to address the items. Mr. Childs stated that they were preparing a written
23 response to each item and hoped it would be ready some time next week, The PIanner recommends
24 continuing this matter until May 6, 2003, giving the applicant enough time to address the concerns as well
25 as any follow-up issues that may be raised by either VHB or staff. Additionally, The Planner
26 recommends preparing a denial if the applicant does not resolve the issue of Section 4.136.3.a.iii.21,
27 which specifically prohibits the storage of chemicals within the Watershed Protection District. The
28 Applicant has proposed to construct a chemical storage shed within the Non-Discharge Buffer Zone. The
29 Chair would like to know where the chemicals are stored today. Nardella indicated that the Country Club
30 has been a good neighbor. Phinney asked staff to have our engineers review if there is a water issue that
31 causes icing. The Chair directed staff to try and work with the applicant rather than prepare a denial.
32 White motion to continue the hearing until Ma 6'h. 2ad bj Nardella. Discussion: None Motion
33 carries: 5-0.
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35 Planning Director's Report/Other Business:
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37 10. Saville Street Subdivision
38 The Planner addressed the board about numerous abutters have come into the office to complain about
39 inadequate notice and other issues pertaining to the project. As a follow up the Planner feels this should
40 be discussed with the assessor's office. The Chair indicated that this project was stretched out and
41 someone could make a case that it should have been warned again.
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43 11. Public Hearings on Warrant Articles
44 Warnings for 6 articles submitted to the paper April 3, 2003. We received confirmation that they will run
45 on April 7 and 14, 2003. The Board will hold all 6 public hearings and make any other recommendations
46 as discussion items on April 22, 2003. No new hearings have been scheduled for April 22, 2003.
47
48 12. Technical Review Committee
49 The Planner reported that TRC will have its first meeting this Thursday, April 10, 2003 at 10:OOAM and
50 will meet regularly on the 2nd and 4 h Thursday s of the month. There are three projects on the agenda for
51 the upcoming meeting, all which will require Planning Board submissions. The projects are:
52 (1) Little Professionals, a day care facility on the corner of 114 and Sharpner's Pond Road,
53 (2) A proposed indoor soccer facility on the corner of 125 and Orchard Hill Road, AND
Unapproved Planning Board Minutes Page 5 of 5
April 8, 2003
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2 (3) A 10,400sf retail building on the corner of 125 and Barker Street.
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4 The Board members expressed support for the TRC.
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6 13. UpconninS Meetings:
7 April 22,2003—Public Hearings on Warrant Articles
8 May 6, 2003 —Continued Hearings, no new applications received.
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10
11 Discussion Items Continued:
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13 14. _Minutes 2/18/03, 3/11/03 & 3125/03
14 The Planner stated that the minutes from 2/18/03, 3/11/03 & 3/25/03 have been previously distributed to
15 the board. Nardella motion to approve the minutes for/18/03, 3/11/03 & 3/25/03 as written. 2" by
_..._
16 White. Discussion:None Motion carries: 5-0.
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19 Adjourn:
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21 Nardella motion by to ourn,2'by White.Discussion:None. Motion carries_: 5-0.
22 Meeting Adjourned 8:55PM
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