HomeMy WebLinkAbout2004-07-20 Planning Board Minutes 10
North Andover Planning Board
Minutes
July 20,2004
Regular Meeting
Members Present: Alberto Angles,Chair,George White,Vice Chair,John Simons,
Felipe Schwarz, Clerk,James Phinney,Associate
Staff Absent: Richard Nardella
Staff Present: Julie Vondrak, Town Planner
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The Chair called the meeting to order at 7:04PM
Informal Discussions:
Site Plan Review Waiver—Triple A Modification
Steven Foster of Dutton& Garfield was present to discuss the modification to the Triple A
building. The project was approved in 1998. No wetland issues exist with the proposed project to
construct 30 new parking spaces. The new parking spaces will be constructed on porous
pavement. Mr. Breen is the abutter to the rear of the property and the applicant stated he has no
problem with the proposed activity which will partly take place on his property. He will require
landscaping from Triple A for screening.
Dan O'Connell, engineer for the project was present to discuss porous pavement. Julie Vondrak,
Town Planner handed out information on porous pavement. Mr. O'Connell, stated porous
pavement is not approved under the DEP stormwater management policy. The porous pavement
does not provide pre-treatment. Heavy sanding should be avoided to avoid maintenance issues.
The parking will be used mostly for employee or visitor parking. Heavy equipment will not be
parked on the porous pavement. Aberto Angles questioned the co-efficient of the water
infiltration. Mr. O'Connell stated the water goes right through the pavement. The pavement must
be cleaned with a vacuum sweeper. The additional rear parking spaces will be constructed below
grade of the parking lot. George White questioned the grading associated with the parking
spaces.
Steven Foster stated the applicants have a written agreement with Mr. Breen to conduct the
grading activities on his property. The area to be disturbed is mostly gravel.
Tom O'Neil and Buzz Culy from Triple A were present. They have a lease area of 1.4,000 s.f:
available and potential tenants have questioned the parking availability. The abutter is requiring
that plantings be done at the top of the newly graded slope for screening.
James Phinney questioned if any new lights would be added in the parking lot and the applicants
responded no. Julie Vondrak questioned if the handicap access would be impacted by
construction of the spots directly behind the building and the applicants replied no.
The graded slope will be 3:1 and the applicants propose to loam and seed the slope.
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Motion by Schwarzto waive the requirement of Site Plan Review, seconded by
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White 5-0 Discussion none motion carries 5-0.
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Site Plan review waiver-733 Turnpike Street
Julie Vondrak stated the waiver request is to be continued to the August 3, 2004 meeting.
Discussion-Chatham Crossing Subdivision Update
Attorney Don Bornstein was present on behalf of the applicant to present an update to the Board.
Mrs. Vondrak presented an overview of the project history and the current problems with the lack
of the constructed drainage design. The applicants previously fled a modification for alternatives
to the approved underground drainage design,however at the time of the public hearing, drainage
issues were raised by the abutters. The Board did not take action on the modification and
requested the applicant to address the drainage issues to the rear of the site. Mr. Bornstein stated
he was not present to discuss specific drainage issues, A Form J must be signed to release the
two remaining lots in which single family homes will be built on. He wanted to inform the Board
that the applicant is working towards completing the subdivision and all outstanding issues.
Alberto Angles questioned if we could release the Norm J. Felipe Schwarz stated he would like
the outstanding drainage issues addressed prior to signing the Form J. John Simons stated he
feels the Board can rescind the subdivision as it is not currently in compliance. Mr. Bornstein
stated the applicant previously tried to address the drainage issues however, abutter concerns
bogged down the issue. The Board members stated they wanted to see some progress with the
drainage prior to signing the Form J.
Form X Chatham Crossing
No action was taken on the Form J.
15 Timber Lane-Watershed Special Permit discussion
Lee Thibodeau of Cammett Engineering was present for discussion of his clients proposal to
demolish a house and reconstruct a new structure in the Watershed Protection District. The house
is currently located in the No-Disturbance, however,the new structure will be constructed outside
of the Non-Disturbance Zone. Drainage is proposed. A pool is proposed in the No-Disturbance
Zone. Mrs.Vondrak stated that after speaking with the Building Commissioner, he is of the
opinion that the pool will require a Special Permit from the ZBA, as it is a new structure located
in the Non-Disturbance Zone. The Board questioned why the pool would not be considered an
accessory structure. Mrs. Vondrak stated that Mr.Nicetta is of the opinion that the pool is a
structure requiring the special permit. The Board stated that pools have been considered accessory
structure in the past and requested that Mrs.Vondrak look into previous pool flings in the
Watershed. Mr.Thibodeau was advised to meet with Mr.Nicetta to discuss the project,
Modification-1211 Osgood Street
Jim D'Angelo was present representing the applicant. The decision for the approved retail center
was issued on January 5, 2004.The original plan proposed ingress/egress from the site in one
location. Mass Highway has expressed concerns over the design and has proposed that the egress
and ingress access be separated along Route 125. The applicant is awaiting the written letter
from Steven O'Donnell of Mass Highway. The applicant presented the new design layout.No
changes to parking will result from the modification. No additional screening issues need to be
addressed. MassHighway has requested that an additional infiltration basin be installed.
Motion by John Simons to waive site plan review and accept the modifications as displayed on
the plan, seconded by George White. Motion 5-0,No Discussion, Motion carries, 5-0.
Watershed Special Permit-1789 Great Pond Road (cont. from 7/6/04)
William Needham of McKenzie Engineering was present representing the applicant Richard
Arnone. Mrs. Vondrak gave an overview of the history of the project. VHB has completed their
review and outstanding issues. The applicant has provided a 3%leveling area at the entrance of
the driveway,the driveway slopes range from 10%to 15%and the driveway has been configured
to promote overland runoff, Infiltration swales have been designed along the edge of the
driveways.
James Phinney questioned the width of the driveway. Mr. McKenzie stated it was originally 14
feet but has been reduced to 12 feet in width. Mr.McKenzie stated off-site improvements include
catch basins in Great Pond road at the base of the driveway. Alberto Angles questioned the
slopes and whether they met the slope bylaw. Board member questioned how much fill will be
removed on site. The engineer responded approximately 2700 cubic yards of cut. Alberto
questioned the slopes behind the house. Mr. McKenzie stated the slopes were mostly 3:1.
The Board questioned what percentage of the lot was being disturbed. The engineer did not know
the exact percentage. Mr. Simons stated his concern about the large amount of disturbance on the
lot,which is located across the lake. Mr. Simons stated this is a marginal lot that is being
intensively developed. Mr.Needham stated there is no alternative location for placing the house.
The date of lot creation was discussed and the access easement over the lot was put in place at the
time of lot creation.
Mr. Desmond, a direct abutter spoke about the history of the lot. He stated the lot was always
looked upon as unbuildable. He stated the original owners agreed not to develop the land when
the area was subdivided. The steep driveways on adjacent lots are dangerous and problems have
arised in the past, one with a car in Lake Cochichewick. Mr.Desmond stated the area is fragile,
slopes are intense and the soils have a high clay content.
Mr. Bornstein, attorney for the applicant, stated all stormwater issues were addressed at the last
hearing and stated zoning issues arose which stalled the process. He stated the applicant has met
the requirements of the bylaw.
Alberto Angles questioned why the applicant is not utilizing the existing easement/drive to access
into the lot. Mr.Bornstein felt a variance from ZBA would be necessary and felt they would not
get the variance from ZBA.
John Simons questioned the phasing of development on the lot. What measures are proposed for
stabilizing the soils? Some areas have 1:1 slopes, are their alternatives to these slopes?Felipe
questioned if impacts could be minimized by placing the house closer to the road and questioned
if a wall over 4 feet in height needs to meet zoning setbacks?Engineer stated the house would
have to be located on a leveling and due to steep slopes and would be difficult to located the
house in the center of the lot.
The abutter,Mr. Desmond stated that the grassed area is maintained by two neighbors and the
area for the house was originally excavated and was the fill for Route 495. Mr.Desmond stated
there is all subsurface material below the loam. Mr.Desmond has 4 stone walls across his
property to water problems,
The engineer stated the driveway will be angled so as direct water flow into the swales. The
Board question whether soil testing was conducted on the site. The engineer presented soil testing
data which indicated a 10 minute per inch percolation rate.
Board members stated they would like to perform a site walk and would like the centerline and
corners of the house staked. John Simons questioned if the cut and fill would equal each other out
on the site. The engineer replied that some material may have to be removed from the site.
Alberto Angles questioned if the stormwater would run through the swales. The engineer stated
the swales are designed to mostly infiltrate the water. The Board stated their concerns about the
velocity of the water in the drainage swales.
A site walls was scheduled for 7:00 AM on Saturday, July 24, 2004. Motion to continue to
August 3,2004 by George White, seconded by James Phinney, 5-0,No Discussion, motion
carries, 5-0.
Decisions:
54 Spring Hill Road
Motion by John Simons to approve the decision as drafted with minor modifications to the
language of the restrictive covenant, seconded by George White.
CVS Bond
Motion by Felipe Schwarz to set the bond in the amount of$802,486.70 as set by Department of
Public Works for the CVS project, seconded George White, 5-0,No Discussion, motion carries,
5-0.
Motion to adjourn at 9:45pm
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