HomeMy WebLinkAbout2006-08-15 Planning Board Minutes • �y0Ci7y
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4 TOWN OF NORTH ANDOVER
5 PLANNING BOARD
6 "Minutes of the Meeting"
7 August 15, 2006
8 Town Hall, 120 Main Street
9 7:00 PM
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12 Members present: Richard Nardella, Chairman
13 Alberto Angles
14 Jack Green
15 Richard Rowen
16 John Simons, arrived later
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18 Staff present: Lincoln Daley, Town Planner
19 Mary Ippolito, Recording Secretary
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22 Chairman Nardella called the meeting to order and stated that the Board would go into
Executive Session at approximately 7:05 pm.
8 7:04 Pm Executive Session
39 Chairman Nardella then called the regularly scheduled PB meeting of August 15, 2006 to order at
40 approximately 7:29 pm and introduced the panel to the assembly. Chair explained the procedure to the
41 assembly and stated that he would open the meeting by announcing the following postponements:
42 Jack Hashem, Lisa Lane subdivision; Omnipoint Communications, Inc. for 723 Osgood Street
43 (Stevens Estate); Juniper Woods Realty, Definitive Subdivision and PRD; Hossen Chamary, 58
44 Gldnwood Street were all postponed,
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I Chair asked if Seng Ea, of 163 Turnpike Street was supposed to be here tonight. Lincoln stated he sent
a letter to the Chair of the ZBA asking for their comments on this issue and no comments were
3 received. Chair stated that if no comments are received by this coming Thursday let him know and
4 he'll contact the ZBA himself, it's not fair to hold up the applicant. Chair also stated that he might not
5 make the Sept. 5th'2006 PB meeting.
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7 Postponements:
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9 Jack Hashem,Lisa Lane,Map 98A, Parcel 75—Two-Lot Definitive Subdivision. A waiver of time
10 constraints is on file at the Planning Department. To be postponed until the October 3, 2006 PB
11 meeting.
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13 Omnipoint Communications, Inc., 723 Osgood Street, (Stevens Estate) Map 35, Parcel 23. Site
14 Plan Special Permit to add 3 panel antennas inside existing Sprint monopole and associated
15 equipment within 9'x 22' lease area. The applicant is working with the Town for contractual issues.
16 A waiver of time constraints is on file at the Planning Department. Request to be heard at September
17 5, 2006 PB meeting.
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19 Seng Ea, 163 Turnpike Street, Map 24, Parcel 19 - Site Plan Review Special Permit to allow for
20 creation of 8 parking spaces. First meeting date: August 1St. Decision due: Oct. 30th. Continued until
21 the August 15th PB meeting. Try to avoid reopening the meeting because fees are an issue with the
22 applicant.
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Juniper Woods Reality, LLC,Juniper Woods,Map 108A, Parcel 2 - Definitive Subdivision and
25 PRD. Proposed 8-lot, single-family Planned Residential Development that includes in excess of 35%
26 permanent open space. First meeting date: August 15t. Decision due: Nov. 10, 2006.
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29 Hossen Chamary, 58 Glenwood Street- ANR Combining one new lot with two existing lots to
30 create a parcel of 15,000 s.f in order to construct a single-family residence in R-4.
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33 PLANNING BOARD "OLD BUSINESS":
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35 CVS Pharmacy, corner of Peters Street and Rte. 114 - Stone Wall in disrepair.
36 Chair asked for an update. Lincoln stated that he will pursue the issue of repairing the stonewall with
37 the Manager of CVS.
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40 DISCUSSIONS ONLY:
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42 Dean Chongris, developer, Redgate subdivision. Discussion of subdivision and drainage.
43 Chair stated that Mr. Dean Chongris, developer for Redgate Subdivision is here tonight for discussion
44 purposes only. This is not a public hearing, Board asked Mr. Chongris to address the issue relative to a
45 newspaper article recently published in the local paper. Chair stated that there is a previously rendered
i decision for Redgate Subdivision with engineering reviews in place and that the PB was satisfied they
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I got engineering,hydrology, drainage etc. and Coler and Colantonio were the engineers for this project
a few years ago. Dean Chongris was present tonight and stated that he will not move forward to
3 pursue a PRD for this project. He purchased the site from Ben Osgood Sr., and attempted to shorten
4 the roadway, get waivers for a PRD, keep some of the back land as open space and not disturb much
5 property. He's concerned with stabilizing the site at this time. Chair asked if he was going to
6 reengincer the site then maybe do an engineering review all over again. Please note John Simons is
7 now present at approximately 7:35 pm. PB stated that they found Mr. Chongris' comments in the
8 newspaper disappointing. PB wants Mr. Chongris to check with the environmental monitor on the site
9 very carefully, quite concerned about erosion control while the site is open. What if we get terrible
10 rainstorms before all the drainage is in place? Mr. Chongris stated that he originally went to the ZBA
11 to get a variance because he did not meet the 10-acre requirements for a PRD, however, withdrew
12 without prejudice. PB stated Mr. Chongris should follow the original requirements of the original
13 decision relative to the building on a slope because he needs to minimize the disruption to the hill. Mr.
14 Chongris stated that he was disappointed because the Tribune misquoted him; the reporter took bits
15 and pieces of Mr. Chongris' conversation. His priority is to install perimeter of slope and drainage into
16 detention pond,this is the best season to make the drainage work and stabilize everything. Chair asked
17 if a modification could be made to this subdivision in order to minimize the cut of the slopes? Chair
18 wants a list of waivers from Mr. Chongris so the PB can waive some of the engineering issues in order
19 to make things better. Mr. Chongris stated he would like to shorten the roadway. PB stated they
20 required the road to be laid out on the plan prior to filing of the application, Ben Osgood, Jr. is
21 environmental monitor for this project. Lincoln to update the PB on a continual basis on this project,
22 do a site visit, time the monitors reports to coincide with the PB meetings. Mr. Chongris stated that he
23 would do a good job with stack piling of materials; he has a water truck and a sweeper on the site now.
Lincoln stated that he wants Gene Willis, Town Engineer to do a site visit this Thursday at l0:am and
2-5 the abutters are invited to attend the site visit. PB asked Lincoln to look at the culvert located to the
26 right of the Foxwood entrance see if the water is backing up or not. PB and Mr. Chongris further
27 discussed the water run off on Salem St. Chair asked for comments from audience. Goran Bringert,
28 817 Salem St., 3"d house abutter west bound to Redgate, was present and stated that his basement has
29 become a detention pond and that he pumped 24/7 for 6 days @ a rate of 2, 000 gallons per hour, and
30 took issue with the monitor being Ben Osgood, Jr, PB stated that Mr. Osgood Jr., is no longer a part of
31 the Redgate subdivision any longer, he did do the engineering on the project, and the PB has the
32 utmost respect for his work. Mr. Bringert stated look at the decision relative to Section 3, see run off
33 from drain located on East side of slope direct away from East abutter, etc. see comments from C&C in
34 decision. If PB approved East abutters how come PB didn't comment to protect West side abutters?
35 PB stated they followed what the engineering report suggested if a weakness in drainage plan where
36 care needed to be taken on the East side drainage then the care was already in place to take care of the
37 West side. Mr. Bringert stated he wants the version that Mr. Osgood Jr. read to the ZBA but unable to
38 obtain it form Mr. Osgood, Jr. and also stated that there are 4 small trees located on side of Redgate,
39 150' North of line and this Spring he had ducks trying to put nests there, It was also stated that the
40 swale on Northern side of Weyland Circle was not built, was the project bonded too low and now it
41 never will be fixed? Chair stated he wants Lincoln to be on site when the monitor is there and walk the
42 area and point out these issues. Mr. Osgood needs to describe what was supposed to be taken care of
43 and if there are conditions in decision that did not get taken care of now point them out to the PB. Mr.
44 Chongris stated he wants to extend the swale by 20 feet and use the 20 feet of existing swale owned by
45 the Town to use as an easement. David Eckman, 835 Salem St, was present and asked where is the
i most current version of the review for this project? It was stated that the files contain the reviews and
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1 that the Engineer for the project is no longer with C&C. Abutter asked is the monitor watching now to
make sure the drainage design meets the review process? PB answered yes. Chair stated that abutters
3 should come back in when the monitor for the site appears before the PB to make sure the conditions
4 are met. Time is 8:30 pm. PB suggested that Lincoln should E-mail the abutters when the monitor is
5 on the site. Abutter read the Redgate subdivision approved decision dated 2001 and noted the date
6 stamp of the 20-day appeal period attested to by Town Clerk was a few years older than the time stamp
7 of the appeal period. PB explained the 20-day appeal period to the audience and explained the process
8 especially relative to the fact that the decision was appealed and held up in court for a lengthy amount
9 of time before it was finally approved. More discussion took place regarding the decision of 2001 and
10 reviews by C&C, Chair asked if anyone else wanted to speak tonight, no one-else from the audience
I I was present to speak.
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15 CONTINUED HEARINGS:
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18 Hearthstone Realty Corp. (Treadwell's), 1025 Osgood Street, Map 35, Parcel 20. Modification
19 for a Site Plan Review Special Permit and Watershed Special Permit to construct a retail building, 25'
20 driveway aisle surrounding building and appropriate paring facilities. Hearthstone Realty will come
21 back on the August 15th PB meeting. Joe Levis will come in with a modification application and plan
22 of land for the PB meeting of September 5, 2006. Bill Perkins, owner of Hearthstone Realty was
23 present to speak tonight and stated that MHF addressed the review from VHB. Mr. Levis is here
' tonight and submitted a modification application for the Sept. 5th PB meeting. Mr. Levis addressed
Z5 the PB tonight and stated that he has drawn up a plan and is in favor or moving forward in support of
26 Treadwell's project. Chris Tamula, MHF Engineer is now present. He addressed the VHB review
27 relative to parking and driveway easement. If parking is allowable on Mr. Levis' property, MHF
28 needs to send elevation to VHB now. This is a one-story bldg. from street, a two story from back of
29 property. Tied into Town sewer not septic. Require curb cuts and detail of handicapped spaces.
30 Moved dumpster further away from wetland now requires easement. Get Mass highway permit
31 because of change of driveway, everything has been designed to plan for drainage. Lincoln to check
32 into the easement for parking and make sure nothing else is required. When Mr. Levis comes in for a
33 modification outline the open space on the plan. Mr. Tamula wants VHB review prior to the
34 September 5`h PB meeting in his hands. PB wants Lincoln to remind VHB that their comments are to
35 be taken extremely seriously and affirmative practices are to be exercised beyond a reasonable doubt
36 etc. make sure VHB writes this down in their review. Mr. Tamula to point out to VHB where the
37 variances are. How can MHF replace the failed riprap? Mr. Tamula said it's on the down grade side
38 you won't see much of the riprap. Police the area because it's so highly visible put this language in
39 the modification. John Coprail was present and stated that he owns a beauty salon for 11 years in
40 N.A. His intension is to do an upscale beauty salon, has 35 employees and he's given notice to
41 Butcher Boy, he wants to get this going faster because his employees will be in jeopardy if this takes
42 too long. Mr. Perkins presented architectural drawings tonight.
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l_ DRAFTED DECISION:
3 Denise Grasso, 245 Bridle Path, Map 64, Parcel 74 - Watershed Special Permit to construct a
4 24'x36' garage. Motion by John Simons, 2nd by Alberto Angles to close the public hearing, vote was
5 unanimous 5-0. Motion by John Simons, 2"d by Alberto Angles to approve a Watershed Special
6 Permit as amended this evening, vote was unanimous 5-0.
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9 MINUTES:
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11 Approve the August 1, 2006 "Minutes". Motion by Alberto Angles, 2"d by Richard Rowen to approve
12 the "Minutes" as amended tonight, vote was unanimous 5-0.
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15 UPCOMING PLANNING BOARD MEETING INFORMATION:
16 ➢ September 5, 2006
17 ➢ September 19'1' meeting—CANCELLED due to State election.
18 ➢ October 3, 2006
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21 Upon a motion by Jack Green, 2nd by Richard Rowen to adjourn tonight's meeting, vote was
22 unanimous 5-0, meeting adjourned at approximately 9:30 pm.
25 By order of the Planning Board
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29 Approved
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