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HomeMy WebLinkAbout2005-01-18 Planning Board Minutes r a l ,. J J) r>> � i t 1 North Andover Planning Board Minutes of the Meeting January 18, 2005 120 Main Street Members present: Alberto Angles,-Chairman; George White, Vice Chairman; John_Simons, James Phinney,Richard Nardella Members absent: Felipe Schwarz Staff Present: Herdt Griffin, Director; Maty Ippolito, Recording Secretary Chairman Angles called the meeting to order at approximately 7:00 PM. Chairman.Angles explained the procedure to the assembly present and stated that he would hear the discussion items first. Discussion Items; Jared IV-Bond Deduction-(Open Space Discussion. At the Planning Board meeting held in December, Mr. Janusz submitted a memo for the Board's consideration. He would surrender all the Jared IV bond money held for forgiveness of outstanding taxes and acknowledgement of the 8-lot contribution, Mr. Janusz did revise his plans to reduce the lots to 19, with contributing 22.05 acres to Open Space. It is not recommend that the Planning Board acknowledge the contribution of eight lots because to be a lot you have to have frontage and lot lines and be buildable. The 22.05 acres being presented are not considered buildable. Why Mr. Janusz reduced his number of lots the Planning Consultant couldn't'find. Attached are the minutes for your review but Mr. Janusz did so voluntarily. As for him being willing to surrender the bond we still need to go through the proper General Law procedures to have control of the funds and to complete the work on site. It would not be beneficial to the Town to have him surrender the money and not pay the taxes on the open space The Board referenced the previous decision regarding Jared IV. The question of the number of lots is the issue. Board member Nardella made a recommendation that Mr. Janusz should present the Board with the plan of land showing the 8 lots that were kept separate. Planning Consultant to go thru the file and come up with a plan of land showing in detail the 8 lots he wishes to keep separate. The Board stated that this matter should be kept on the agenda for the next Planning Board meeting, AND PIan-Bradford Street-Haverhill and North Andover. The board was correct in that the same ANR application was tiled in March 2004 and denied because they did not meet the frontage requirements of North Andover. Planning Dept. has copies of the denial and Town Counsel's letter. Based on this information the Board should deny the plan as submitted. l �)ld2,Wi1 .'+.1111 w ) ,H 1,I HM M 11 lr) 'I:u m wi l l'' I'd h il�'s dfli id .r11nw f iYin! 1 r This is the same ANR plan submitted last year and it was denied at that time. The board denied the ANR based on the lack of frontage dimensional requirement within the North Andover Zoning Bylaw. ANR Plan—201 South Bradford St. Correction made on square footage of proposed lots Ms. Griffm signed ANR application and mylar tonight. Peach Tree-Bond Reduction Phase T & 11. Within your packets you have three memos from DPW. Jack Sullivan has drafted two different reduction amounts for Phase 1. The first is reducing the amount by 50%bringing the total to 83,025 this is in keeping with the subdivision regulations section 5.8.2(4)but DPW has prepared an alternative reduction which reflects the work completed on site this would bring the amount to$52,925.00. Although a specific section has been quoted for the release I would recommend that the Board reduce the amount to $52,925.00 this would be keeping with past practices. A release for Phase II has also been submitted. Phase 11 has not completed enough work to warrant more that 50%. Recommendation that the Board vote to reduce the amount to DPW's recommend amount of$56,075.00 Ms. Griffin stated that she did a site visit a week ago and the site looked good. Upon a motion made by Richard Nardella and 2n1 by George White the Board voted to reduce an alternate bond reduction(50% of original security)bond reduction for Peachtree Farm—Phase I to reflect the remaining balance of $52,925.00. Vote was unanimous 5-0. Upon a motion made by Richard Nardella and 2nd by George White the Board voted to reduce the remaining bond for Peachtree Farm—Phase 11 to reflect the remaining balance of$56,075.40. Vote was unanimous 5-0. Continued Public Hearin: Old Salem Village—Definitive Subdivision. An extension of time was granted from the applicant until April 8, 2005. Chairman Angles stated that an extension was granted until.Ian 18'x'05 we currently have another extension of time requesting an extension until April 2005; submitted it's in proper form. Board member Nardella made a motion to extend the date by which the Board has to act, 2nd by George White. Vote is unanimous 5-0. Old Salem Villa a-Site Plan Review S ecial An extension of time was granted from the applicant until April 8, 2005. Chairman Angles stated that an extension was granted until,Ian 18`4 05 we currently have another extension of time requesting an extension until April 2005; it's in proper form. Board member Nardella made a motion to extend the date by which the Board has to act 2c'd by George White. Vote is unanimous 5-0. 492 Sutton Street-Airport Site Plan Special Permit A review has been received from VBB dated December 29,2004. The applicant's engineer has responded. The applicant requested a continuance until the Feb 1,2005 meeting. Board member Nardella made a motion to approve the continuance until the Feb. 1,2005 meeting,2"d by George White,vote is unanimous 5-0. Planning Board Minutes of the Meeting January 18,2005 Page 2 , i r Lot 4 Willow Street Site Flan Special A continuance has been requested until the February 1 meeting. Board member Nardella made a motion to approve the continuance until the Feb. 1, 2005 meeting, 2"d by George White, vote is unanimous 5-0. 0 Methuen Street-Definitive Subdivision A continuance has been requested until the February 1st meeting. Board member Nardella made a motion to approve the continuance until the Feb. 1, 2005 meeting, 2"d by George White, vote is unanimous 5-0. 1211 Osgood Street-Modification for Site Plan Special Permit The applicant has submitted a plan presumed to be the approved plan. It does not have the Planning Board signatures on it. But the plan at the rear of the property does show that the Board approved a 19' aisle, the new plan is reducing this aisle to down to 14'. The side area where new parking is proposed was approved at 25'the proposed modification reduces this to 17'. It is not recommend that the Planning Board reduce the aisles as proposed. A partner(who did not identify himself) of Mr. Terranova's was present to represent Mr. Terranova tonight.. He stated that he tried to amend the approved pian from a safety and operation standpoint, focusing on the loading of merchandise in the rear of the building and to provide additional parking at the rear. He submitted an overlay highlighted in red, showing the driveway required, showing 47 parking spaces on site, the drive behind was intended to serve as access for each of the 4 units for delivery. The plan shows curbs and bollards. He's trying to create a space for unloading merchandise, therefore using the bollards to define employee parking. The presentation was made by Mr. Terranova's partner regarding parking and the unusual shape of the lot calls for unusual parking. The width of the aisle is 25" between buffer and edge of the curb. Board member Nardella asked if the parking was made worse by the look of tonight's plan. Width of the sidewalk is now 14 feet. Board member Nardella asked where would he park a van if he were making delivery to the flower shop. Board member Nardella stated that a retail use for a restaurant would increase the parking requirements. The footing and foundation are already in place; there is no chance to decide to put in a restaurant in the future. A sign will be placed in front of each bay (reserved for unloading merchandise) etc; and a sign will state employee parking only, this should control the parking. Frank Terranova pointed out the abutters who are located on the plan and that they won't have a need to utilize any further parking spaces. Chief Dolan was present tonight. He reviewed the plan. Chief needs 12 feet for width of truck and 25 feet radius for corner then 9-foot wide truck can make the corner. Chief agrees with Board member Nardella regarding parking in the rear. Look at Blockbusters plaza the site was developed for additional parking; the parking problem is compounded on a busy traffic day. Board member Simons doesn't have an issue with the parking in the back and the parallel parking in the front. Board member Nardella wants signs put up stating restricted access. Make sure the engineer puts the signs on the plan stating restricted access. Leave the 4 spaces for parking, Frank Terranova stated that he eliminated the drive thru window, he no longer wants it. Board member Simons made a motion to have the engineer submit a new plan with signs located on the plan of land indicating restricted access, and to continue the meeting until Feb. 1st' god by Board member Nardella, vote is unanimous 5-0. Planning Board Minutes of the Meeting January 18,2005 Page 3 F PUBLIC HEARING: Molly Town Road-PRD Special Permit & Definitive Subdivision. Comments have been received from departments along with VHB. Mr. Devlin, a homeowner at the Foxwood Subdivision believes that a Home Association should be notified. The applicant's attorney has drafted a letter there was no record of a homeowner's association recorded at the registry of deeds. A conclusion by the board should be made whether to go forward with this hearing. Chairman Angles stated that there was an issue regarding informing abutters. See the letter from the lawyer stating that it is not an association. The Town is the owner of the open space and the Town was notified. Ms. Griffin responded that Town counsel as a courtesy said notify all the owner's in the association. Jack Devlin was present tonight. He stated the definition of abutter needs to be defined. This is the first time that 2 PRD's have bumped up against one another. His neighbors can't make a decision good bad or indifferent, as far as there is a master declaration that clearly defines that each individual can act independent,therefore a homeowners association isn't required. What is an abutter? Mr. Devlin stated that the Planning Department stated an abutter is property within 300 feet. Devlin has to come to the Planning Board to remove trees, add tress, etc. anything on this side of the line is abutter, it's open space, when it refers to two PRD's? Define what is an abutter relative to two PRD's abutting each other? The legal definition under 40A is the definition that the Board gave to Mr. Devlin tonight. Mr. Devlin asked the Board to delay this meeting until Town counsel gives his opinion? Board member Nardella doesn't want to do that because the applicant has submitted a complete application. Chairman Angles will get clarification regarding what it means to have two PRD's abutting each other. Chris Huntress, Engineer, was present tonight to address the issue. Mr. Huntress stated that he would be happy to meet outside of the meeting and discuss the issue further with Mr. Devlin. Mr. Huntress proceeded with his presentation. The property is located off of Summer St. and Rea St, it `s a private paper street"titled Molly Town Road. Beyond to the South is a State Forest, and then private property located on the plan. The property is open, gently rolling, it proposed 16 single-family homes, 3,000 feet colonial design on half-acre lots PRD allows them to go to half-acre lots. The open space lies along the entire length of Summer St. and also continues to wrap up along the east side of the property. There is a 50-foot no touch perimeter along the back portion and part of the open space. Steve Spepinski, Engineer, is available to answer drainage questions; Christine Minicucci is also present to address any questions. The high points are along Molly Town Road. Board member Simons wants to know about topography of the land, how steep are the slopes? None of these slopes are steep they are fairly gentle. One slope gets up to 225 and 213, 215, 208 on the right side of the plan of the land; nothing is over 6 percent of the lopes. The architecture is similar as to the homes at Peachtree, some homes have walkouts. Planning Board Minutes of the Meeting January 18,2005 Page 4 The entire drainage system has been designed to meet the requirements set by the State. The Engineer will comment back to VHB's review within the week. Chairman Angles stated that the Board wanted time to look thru the plan. Tom Cargill, abutter was present tonight. There is a brook along side the property, which runs out onto Molly Town Road. His land is now declared wetland, as it was not before, in the spring the brook floods all of Molly Town Road and goes off into the woods. Make sure that the water will have some place else to go and that it will not flood him out. Chris Huntress stated that the existing grade in the back would be cut downward. There is ledge going up the grade and he will have to blast, The abutter asked what happens to us when the blasting starts?.Chief Dolan was present and stated that he has jurisdiction over blasting. He has firefighter's who are qualified, if anybody feels that they might get property damage bring the form to the Fire Marshall, it does become a concern but it is pretty well regulated. Board member Nardella wants to know how to mitigate the flooding problem. Look in drainage plan, there property slopes to Molly Town Road, report shows the grading off our site onto our site onto adjacent land. There are catch basins located there and will pick up the water run. There were tests done, and there is rock and there will be blasting they will be large size rocks. There is no sewer now, the sewer is designed so abutter will make a gravity connection, and abutter will be able to get off title 5 sewer regulations. Mr. Devlin asked, what is the difference between the developments against the lowest point of Weyland Circle? Chris Huntress addressed the issue and stated that Foxwood is a lot higher in elevation than the proposed application. How close is the closest house going to be to Weyland Circle? Chris Huntress doesn't have the information regarding Weyland Circle tonight. Can you get school busses up the street? Ms. Griffin stated that the Superintendent submitted comments that there are no issues regarding schools. No other abutters were present tonight. The Board wants to do a site visit. Place some kind of markers on the site. There is a stonewall now on the site. The entrance is at a 30-degree angle it only serves the existing house now. Dermott Kelly to review the traffic, Huntress to send a memo to Dermott advising him of same. Abutter stated that there is a dangerous corner that makes it impossible to see Molly Town Road, abutter has to open window in car and listen to hear if any vehicles are coming his way before proceeding any further. Board will pick a date to make site visit, this Saturday morning. Chief Dolan submitted a letter and asked Board to consider the amount of growth going on in town, 240 houses going up, etc. Hingorami,Boston Hill, Forest View, this is a problem that won't go away, this is still a long run to go from station 2 to Sharpener's Pond Road it takes 13 minutes to get a fire truck there. Demands on services because of growth in this town will affect residents in an adverse way. Board member Nardella stated that Chief Dolan should present a video on what sprinklers can do, is it worth the Chief s time to show the Board the video again; Chief will work with Ms. Griffin to show the video. Board member Nardella made a motion to continue this petition until the Feb. 1St meeting, 2"a by George White, vote was unanimous 5-0. Upon a motion made by George White and 2"d by John Simons to adjourn tonight's meeting, the Board voted unanimously 5-0. The meeting was adjourned at approximately 9:30 PM. Planning Board Minutes of the Meeting January 18,2005 Page 5 l� By order of the Planning Board Approved The Board reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. mi1PIBdAgendas Planning Board Minutes of the Meeting January 18,2005 Page b / i fit