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HomeMy WebLinkAbout2000-07-11Planning Board Meeting Department of Public Works July 11, 2000 Members Present: Others Present: Alison Lesearbeau Alberto Angles Richard Rowen Richard Nardella William Cunninglaam Heidi Griffin, Town Planner The pla~nlng Board meeting was called to order at 7:09 p.rm Discussion Bond Establl.qhment-Abbott Village Estates Ms. Griffin stated that the DPW recommended the bond mount be established for $106,400.00 for Abbott Village Subdivision and to endorse the Form J Lot Release for Abbott Village for the release of lots 1,2,3,4,18,19,20,21,22,23 on Nutmeg Lane. Ms. Lescarbeau questioned whether that amount included the sidewalk. Ms. Griffin stated it does. Mr. Rowen moved to establish a bond amount of $106,400.00, seconded by Mr. Angles and VOTED 4-0. Bond Release-Phillips Common Ms. Griffin stated that the DPW recommended a bond release of all remaining funds. Mr. Rowen moved that the Planning Board vote to release all remaining fimds for Phillips Common, seconded by Mr. Angles and VOTED 4-0 Bond Establl.qhment-Roclcy Brook Il, Oa_ _unguit Road Peter Breen stated that the marls had been hot topped and would like to release to lots, Lots 1 lA and 12C. DPW recommends a bond to be established in the amount of $90,000.00 for remaining work to complete subdivision. Mr. Rowen recommend an amount of 35,000 be established in orde~o release Lots 1 lA and 12C. Mr. Rowen moved that the Planning Board vote to establish an amount of $35,00.00 for Rocky Brook II Subdivision and to endorse Form J to release Lots 1 lA and 12C for Rocky Brook II Subdivision, seconded by Mr. Angles and VOTED 4-0 Ms. Lescarbeau made an announcement that Boston Ski Hill, 1812 Turnpike St and AT&T Wireless Facility asked for a continuance to the August 1, 2000 meeting. Minutes of June 27,200 Mr. Rowen moved that the Planning Board vote to approve the June 271 2000 minutes as mended, seconded by Mr. Angles and voted 5-0 with the revisions. Mr. Nardella stated that he is now a member oftbe Growth Management Subcommittee and questioned what the process of tracking how many building penaits were issued in the year and who should do the tracking. Mr. Rowen stated the number ofpemdts issued is enforced and tracked by the Building Commissioner. Mr. Rowen stated that sihce this plan came into effect 4 years ago the Town has never reached the maximum cap of S0 building permits being issued. Public Hearings Amendment to the Subdivision Rules & Regulations Ms. GritTm stated that the purpose of the amendment was to lessen staff restraints on the DPW. By having the developer or builder use an Outside Consultant to perform all road inspections for subdivisions it would benefit the developer and the Town by getting the roads inspected in a timely fashion. Mr. Rowen made a revision on the last sentence of number 4 and asked that it be deleted. Also he stated that in the 3'a sentence of number 5 should include accrued interest. The 4t~ sentence in number 5 should be changed from denial to "stop work order". Mr. Angles questioned whether the building inspector could issue a stop work order and Mr. Nardella stated that the Planning Board had voted once before to issue a stop work order. Mr. Rowen moved that the Planning Board vote to approve the amendment to the Subdivision Rules & Regulations as amended, seconded by Mr. Nardella and VOTED 5-0. Just Mary's Take Out-478 Chickering Road David Jordan engineer for Salvatore Lupoli presented a plan that displayed the building to be 1700 squ_a_re feet. The site is already 100% paved and they would be moving some existing pavement to accommodate the new site. It would have 9 parking spaces and the existing entrance on Chickering Road would be closed. Drainage would be reduced and would be a single catch basin. The engineer submitted revised plans in response to VHB's comments. Ms. Lescarbean questioned the elevation in relation to the adjacent building Sal's piT.?a. Mr. Jordan stated that the elevation would be the same as Sal's pizza. Mr. Nardella wanted to know the size of the existing building, Mr. Jordan replied is about 24 x 40 with a 4tt overhang and that the new building would be twice the size of the existing. Ms. Lescarbeau wondered whether Just Mary's would be using anything of Sal's Just Pizza building. In response Mr. Jordan replied no, that there would be a walt~ way in between the two buildings and that they would only share a durrq>ster. Ms. Lescarbeau questioned whether seating would be available. Mr. Jordan stated no that it was just for take out. Mr. Nardella wanted to know if Handicap Parking Signs would be displayed. Ms. Lescarbeau questioned whether the 9 parking spaces included the handicap or would there be an additional space provided, The 9 included the handicap. Mr. Nardella expressed concern on whether the sidewalk would be rebuilt, Mr. Jordan stated yes and that they would use granite curb. Mr, Rowen wanted to know what materials would be used in the new building. Mr. Jordan replied it would be brick exterior. Mr. Nardella wanted to know the placement of signs, Mr. Jordan stated that there would be an 8ft unlit sign on Main St and one on the side of the building. Ms. Griffin stated that the building shouldbe 12 feet from the right of way on Chickering Road. Mr. Nardella wanted to know the products to be sold at the new establishment. Mr. Lupoli responded with pasta, fully prepared meals, completed dinners for people with no time to cook. Mr. Nardella wanted to know whether street cutting would be required, Mr. Jordan stated that a new Water service would be brought in and would affect the sidewalk on Main St which would be repaired. MS Lescarbeau wanted to know when construction was scheduled to begin. Mr. Lupoli replied as soon as possible pending approval. Ms. Lescarbeau questioned Ms. Griff'm on whether there were any outstanding issues with VHB. Ms. Griffin stated that they had all been addressed. Mr. Nardella showed concern of the noise level of the refrigeration and air conditioning units. Mr. Lupoli claimed that the noise level may be less than Sal's because a smaller unit would be needed because the food would mainly be fresh. The air units would be located on the roof and not visible from street level. Mr. Rowen wanted to know what the lighting would be for the parking lot, Mr. Jordan stated that the lights would only be directed on the premises. Mr. Nardella wanted to know the hours of operation, Mr. Lupoli wasn't sure of the hours but believed they would close aroUnd 7:30. Mr. Angles questioned what the elevation in the back would be, Mr. Jordan stated that it would be the same as the existing elevation. Mr. Nardella wanted to know what would happen with the debris from the existing building, Mr. Jordan stated that trailers would be made available to move materials away and some would be used for back filling. Mr. Nardella wanted dust mitigation to be added to the decision and water to be provided as needed. Mr. Nardella moved, seconded by Mr. At, les and VOTED 5-0: To approve the 478 Chickering Road Site Plan Special Permit as amended this evening. Modification to F°restview Estates. Mike Rosati presenter for Pulte Homes stated that Pulte has acquired Forestview properties from Mesiti-Moore Development and in doing so wanted to modify existing plans Mr. Rosati stated that they wanted to add 3 new foot prints for houses mix named Carlton, Chaucer and Concord which added more of a mix in the houses and made some of them smaller than originally planned. The second modification is to change the location of play area and relocate it to Lot 55A. Lot 55A was exchanged for Parcel "D' make open space Parcel "G". This would increase open space by around 1000 R. Parcel "D" would be modified into a new lot. Mr. Angles questioned why they were changing the existing plan. Mr. Rosati stated that the existing Parcel "D" wouldn't get the 15 foot set back required to build on the property so by changing it to the play ~rei~ it would open up a new lot and make the play area larger and less hilly. Mr. Ctmningham asked what equipment would be placed in the play area. Mr. Rosafi stated that there would removable soccer goals to make a half court version ora soccer field. Ms. Lescarbeau commented that Forestview Estates was one of the largest subdivisions to be built in North Andover with 90 Lots. Mr. Cunningham questioned the average square footage of the homes. Mr. Rosati stated that it would be about 3450 sq. R. on a V2 acre lot. Mr. Rowen questioned what would be happening to the pumping station, Mr. Rosati 'stated that it was part of the landscaping plan. Ms. Grffin questioned Pat Cone about whether a wooden fence could be used instead of the normal chain link around the play area, Mr. Cone stated that it is negotiable. Ms. Griffin informed Pulte Homes that the applicant on file was Mesiti-Moore Development and that they would be receiving notice of decision. She then advised them that they should have their lawyer draft a notice to put in the file stating the ownership Mr. Rowen moved, seconded by Mr. Angles and VOTED 5-0: To close public hearing. Mr. Rowen moved, seconded by Mr. Angles and VOTED 5-0: To APPROVE the modification to definitive subdivision. Omninoint-Proposed Antenna~q to Existing Wireless Facility Randy Jones engineer for Media One-Omnipoint stated that the purpose of the hearing was to add an antenna to the existing tower located behind North Andover Estates, by Rome 114 and Johnson St. The tree line is at 46 feet the existing site is covered in vegetation, White's back yard hides antenna, there is a cabinet sitting at the base and Omnipoint is willing to paint it any color desired. Ms. Lescarbeau stated that painting would require maintenance and that the existing tower was the manufacture color and maintenance free. Mr. Cunningham questioned what happened to the committee for amennas. Ms Lescarbean answered that it was to difficult to get a committee together and that the Zoning By Laws covered wireless facilities. Ms. Lescarbeau questioned what would the noise generation be, Mr. Jones stated that at the base of the fence it is 49 decibels. Ms. Lescarbeau questioned what the Radio Frequency Emissions (RFE) were. Dr. Hayes is a certified PHD for radiation protection performed measurements at 18 different locations and showed that there was less than 2% of RFE. He then calculated that the additional antenna would add .01% to existing RFE. Mr. Nardella questioned whether there was testing done to show long term effects from the RFA's. Dr. Hayes stated that the waves were intermittent and he conducted his tests using the worst case scenario of full time exposure. Mr. Jones stated that he had been out on the site taking pictures for the presentation and neighbors had commented to him that they would prefer a tower to be there rather that a subdivision. (No abutters showed at the Public Hearing to comment on proposed antenna) Ms. Lesearbeau questioned Ms. Griff'm about compliance with VHB. Ms. Griff'm commented that she has yet to receive the letter from Department of Public Health. Mr. Jones said that they would wait to apply for building permit until the letter is received. Ms. Bernice Fink asked Dr. Hayes with another tower located at Boston Hill and the two within such a short distance how does it affect the homes located in the middle of the two sites with the RFA's. Dr. Hayes stated that his tests were done with the existing Omnipoint Tower and existing' Boston Hill Tower. Mr. Rowen moved, seconded by Mr. Angles and VOTED 5-0: To Close the Public Hearing and continue until August 15, 2000. A decision will be made when the letter is received from Mass Health. Continued Public Hearings Berrln~on Place-Modification to a Definitive Subdivision Mr. Angles recused himself from the decision~ Mr. Rowen stated he was unable to make an unbiased decision because he was personally being sued by the applicant. Mr. Nardella stated that Associate Member William Cunningham is unable to vote on a modification and can only vote on Special Permits. Mr. Cunnlngham agrees with Mr. Angles and Mr. Rowen about being unable to have an unbiased decision because of the suit against the board members personally. Mr. Nardella states that on the modification is a good thing because it reduces the lots from 8 to 4 and that the Board should look at the larger issue of lessening the mount of lots and put aside personal issues. Ms. Lescarbeau stated that she will table action on this plan until enough Board Members are present to vote. She questioned the dead line that the Board has to make a decision on a modificatiom Ms. Lescarbeau moved to adjourn, seconded by Mr. Nardella. APPROVED August 15, 2000 Planning Board Meeting Department of Public Works August 1, 2000 Members present: Others Present:. Alberto Angles Richard Rowen Richard Nardella John Simons William Cunningham Heidi Griffin, Town Planner RECEIVED JOYCE BRADSHAW TOWN CkERK APPROVED August 15, 2000 NORTH ANDOVER AUG lb P The Planning Board Meeting was called to order at 7:30 p.m. Public Hearings: 262 South Bradford Street - Application for Subdivision and Common Driveway Special Pea'mit Mr. Tom Zahoruiko stated he was here tonight representing his father and applicant, Mr. John Zah~ulko. Mr. Tom Zahoruiko stated that they are here before the Board tonight to request a special l~aiit for a common driveway for access to lots A- 1-1 and A-l-2. Mr. Zahoruiko stated that the plan they have presented will subdivide one lot into two. Lot A- I-1 has an existing home, and lot A-1-2 will have a proposed home. Mr. Zahcruiko stated he came before the Board for an informal discussion regarding lifts plan several months ago, and was asked to provide a plan whida demonslrated the construction ora roadway so as to prove that a road could be built if necessary. Mr. Zahomiko stated he has provided such a plan, but it is obvious that the best way to build the plan is via a common driveway as it will have less of an environmental impaot as the property is located in the watershed protection district and the presence of wetlands nearby. Mr. Rowen asked Mr. Zahoruiko if it was possible to revise the plans so as to bring the cul-de-sac right-of- way closer the lots' t~ontage?. Mr. Zahorulko stated he examined that possibility but was unable to physically do so because of the proximity of the wetlands. Mr. Zahomiko stated that with the plan presented tonight, he would not have to file a Notice of Intent with the Conservati~t Commission. Mr. Jack Shaw, South Bradford street abutter, asked if subdividing tho property would be bring Lot A- 1-1 into non-conformance as there are two dwellings on one lot. Mr. Simons stated that it would not as tho lot presently exists now and is not in non-conformance. Mr. Zahoruiko stated the additional dwelling is a guest house sometimes utilized by relatives and will comply with zoning setbacks. Mr. Shaw stated that the "guest house" is being utilized as rental property to individuals whom are not relatives of Mr. Zahoruiko's. Mr. Shaw stated that he would like to state for the record that he does not wish for the "guest house" to be utilized as rental property any longer. Ms. Griffin stated that this would be considered a code enforcement issue and that Mr. couldcall the Building Department and file a complaint if he feels the dwelling is being used as something other than an accessory structure. Mr. Simons asked if Mr. Zahoruiko had presented any common driveway easements to the Town Planner? Ms. Griffin responded no. Mr. Simons instructed Mri Zahoruiko to present common driveway easements to the Town Plmmer. Mr. Rowen moved, seconded by Mr. Cunningham and VOTED 5-0: That the Planning Board vote to close the public hearings fur 262 South Bradfurd Street. Stor-U-Self- Site Plan Special P~a-iiiit Public Hearing Mr. Richard Kaminsld presented the plans for Self-U Storage; Mr. Kaminski stated that the proposal is to construct a three story 49,050 square foot steel and concrete stracture to house a mini-sturage warehouse to serve the light storage needs of the public and small business. Mr. Kaminski continued, stating that the applicant has received a parking variance from the Zoning Board of Appeals and that they have received an Order of Conditions from the Conservation Commission. Mr. Kaminski stated that the site is split into two zoning districts, the IS Zone and the R-2 zone. Mr. Kaminski stated that all activity will occur in the industrial zone with the exception of the installation of the granite rip rap in an existing swale ocenrring in the tesidentfal zone. Mr. gamin~i stated that the building will be fully sprinkled and there will be at least two attends on site at all times working in or around a first floor office. Mr. Kaminski stated that the facility will have controlled hours and be closed during the late evening hours. Mr. Rowen stated that it appears the outstanding items are listed in the Town Planncr's review memorandum and VI-IB's review memorandum and suggested Mr. Kaminski revise his plans so as to incerporate these items. Mr. Nardella moved, seconded by Mr. Angles and VOTED $-0: That the Plmming Board vote to continue the public hearing fur Stcr-U-Self Site Plan at 1679 Osgood street until September 5, 2000. Decisions: Omnipoint- Decision for Co-Location Mr. Rowen moved, seconded by Mr. Nardella and VOTED 5-0: That the Planning Board v°te to approve the decision fur Omnlpoint, Johnson Slrect. Continued Public Hearings; 1812 Turnpike Street - Site Plan Review Mr. Nardella moved, seconded by Mr. Cunningham and vOTED 5-0: That tho Planning Board vote to continue the public hearing for the 1812 Turnpike Street Site Plan Review Public hearing, and agree that the applicant has waived the time constraints for a decision to be rendeared in accordance with 1VLG.L. Chapter 40A, Section 9. Boston Ski Hill - Proposed Site Plan Mr. Orandstaff stated he would like request a continuance until the August 15, 2000 Planning Board meeting. Mr. Simons moved, seconded by Mr. Nardeila and VOTED 5-0: That the Planning Board vote to continue the public hearing for the Boston Ski Hill proposed site plan until August 15, 2000 and agree that the applicant has waived the time conslraints for a decision to be rendered i~ accordance with M.G.L. Chapter 40A, Section 9. Berrington Place - Modification to Definitive Subdivision Mr. G-randstaff stated he would like to request a continuance until the August 15, 2000 Planning Board meeting Mr. Simons moved, seconded by Mr. Nardella and VOTED 5-0: That the Planning Board vote to continue the public hearing for the Berrington Place, Modification to a Definitive Subdivision until August 15, 2000 and agree that the applicant has waived the time constraints for a decision to be rendered in accordance with M.G,L. Chapter 41, Section 81U. 1267 Osgood Street, Barker Farm Wireless Facility Special Permit Mr. Andersen stated he was here tonight representing the Barkers on their application for a wireless facility special permit_ Mr. Andersen stated that all of~e variance requests made to the Zoning Board of Appeals were denied, with the exception of one, with regards to the color of the proposed flagpole. Mr. Anderse~ presented a copy of the Building Commissioner's response sheet to him as to which items would require variances or would require a waiver from the Planning Board. Mr. Andersen pointed out that he feels that several of the items'to which he applied for variances for could be waived by the Planning Board. In fact, Mr. Andersen stated he feels all could be waived by the Planning Board with the exception of the flagpole being limited in height to 10' above the average building height within 300'. Mr. Rowen asked what height Mr. Andersen applied for in his variance application to the Zoning Board of Appeals? . .- Mr. Andersan responded that his application request was for 120', but ho indicated that 90' would bean acceptable height. Mr. Andersen pointed out that the Planning Board could grant a 50% setback distance pursuant to Section 8.9.3.c.v.i of the Zoning Bylaw. Mr. Angles stated that he has heard no compelling reason to reduce the setback to 50°/6. Mr. Andersen stated that the house will not be located within the fall zone of the pole and that the Barkers have signed a lease saying that the barn location within the fall zone is acceptable to them. Mr. Ander~m stated he will be filing a repetitive petition so as to reapply for the variance for the height limitation and asked that his application be continued until September 5, 2000 where he could simultaneously have the repetitive petition public hearing. Mr. Rowon moved, seconded by Mr. Nardella and VOTED 5-0: That the Planning Board vote to continue the public hearing until Sep!ember 5, 2000 for the Barker Farm Wireless Facility Site Plan Application and agree that the applie~mt has waived abe time constraints to make a deeisiun in aeeordanee with M.O.L. Chapter 40A, Section 9. Discussionm Establish Meeting Date for Peters Street Property Mr. Simons instructed Ms. Griffin to contact John Leemah, Chip Rodgers, and Frank Perry to coordinate a date and time to meet with Mr. Simons, Mr. Cunningham and Ms. Griffin regarding the Peters Street property. FORM A PLAN - CHATHAM CROSSING Mr. Rowen and Mr. Simons instructed Mr. Doug Ahearn to revise the plans to show the original lot line not as a stone wall but as a lot line, and to plaee a note on the plan describing the relocation of the Form A lots. The Board instructed Ms. Griffin she could endorse that plan and release the subdivision plans for Chatham Crossing at, er receipt of the recorded Form A Plans. ENDORSE PLANS - CHATHAM CROSSING The Board endorsed the subdivision plans for Chatham Crossing subdivision. FORM A PLAN - WALLACE STREET Mr. Rowea moved, seconded by Mr. Angles and VOTED 5-0: That the Planning Board vote to deny the Form A Plan for Wallace/Booth Street as it constitutes a subdivision because it lacks proper and adequate access and fi'ontage. The Board asked Ms. Grjfl~n to invite the appliemat to an upcoming meeting to discuss the issue of adequate access and the possibility of investigating a reeonfigured plato ADJOURNMENT, 10:30 P.M. Respectfully submitted, Alberto ^n~les, Clerk APPROVED ~ng~t 15, 2000 4