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HomeMy WebLinkAbout2001-04-10Planning Board Meeting April 10, 2001 APPROVED 7/10/01 Members Present: John Simons, Vice Chairman Alberto Angles, Clerk Richard Nardella Richard Rowen (9:25) Staff Present: Heidi Griffin, Planning Director Jacki Byerley, Planning Assistant The Planning Board Meeting of April 10, 2001 was called to order at 7:20 p.m. Discussions and Planning Board recommendation for Town Meeting May 2001 Article 5-Amend Vote of Article 14 Section 28 of the 2000 Annual Town Meeting Mr. Bill Hmttrciak, Director of DPW, stated that the article needs the word construction added. Mr. Nardella motioned to reCommend FAVORABLE action for Article 5, 2nd by Mr. Angles. Voted 3-0 in favor of the motion. Article 8-Capital Improvement Plan Appropriation for fiscal year 2002 Sidewalk Construction/Repair Mr. Hmurciak informed the Planning Board that the funds would be used to install sidewalks on streets prioritized by the School Department for students who are within walking distance of Sargent and Franklin School. The project is consistent with the master plan goals for sidewalk improvements and sage pedestrian routes. For Fiscal Year 2002 $94,400 is requested to improve Summer Street, Carlton Lane to Rea Street, Salem Street, near Nutmeg Lane to Abbott Street. Mr. Nardella questioned whether sidewalk fund money could be used for the project instead? Mr. Hmurciak stated that the sidewalk fund would be on other sidewalks. Mr. Simons wanted to see a statement of the sidewalk fund account to ensure that the Town was receiving the funds from the developers. Ms. Griffin informed the Planning Board that she had sent a memo to the assistant treasurer requesting the information and had received no reply. Mr. Nardella instructed Ms. Griffin to make a another request to the Treasurer's office for the information. Sewer Enterprise Mr. Hmurciak informed the Planning Board that the funds appropriated would be used to replace the sewer on the Eastside Interceptor along the easement between High Street and East Water Street. A study preformed by Guertin & Associates identifies the potential for overflow and the existence of surcharging of the East Side Trunk Sewer during peak flow conditions. The project is a continuation of improvements to the East Side Trunk Sewer. The High Street section of the overall project will complete the improvements to the East Side tmck between High Street and Stevens Street, which has been ongoing since 1997. Administrative Consent Order ACO-NE-98-1004 between the Town and DEP executed in June 1998 mandates the replacement of the sewer. The project is consistent with the Towns master plan goal for systematic maintenance and reconstruction of a high quality sewer system. The funds to be appropriated are for the fiscal year 2002 for $1,700,000. Private Inflow Removal Program Mr. Hmurciak stated that this item was a continuation of Private Inflow Removal Program. Construction of drainage improvements to eliminate nuisance sump pump discharge. The trunk sewers are over taxed and periodically surcharging. Removal of extraneous ground water will add sewage capacity, reduce fees from GLSD and reduce the need for furore capital improvements. The FY 2002 request for funding has been reduced to $100,000. The funding will maintain the Private Inflow Removal program mandated by the June 1998 Administrative Consent Order. The program advances the town master plan goal for systematic maintenance of the sewer system. Sewer System Extension in Watershed Mr. Hmurciak stated that the funds would be used to construct sewers to service all remaining houses in the Lake Cochichewick watershed. The Phase 4A will service Abbott Street, Great Pond Road, Marbleridge Road and Osgood Street. The appropriation would extend sewer in the watershed to protect the water supply. The objective of Sewer Construction Projects 4A, 4B and 4C is to continue to Town's ongoing program of sewering the Lake Cochichewick area. This project represents the seventh in a series of construction contracts that will allow the Town to achieve the goal of its sewer plan. This area of Town is plagued by numerous failing septic systems, which should be eliminated as soon as possible. These failing systems represent a serious health and environmental problem to the residents in this section of Town and to Lake Cochichewick, the entire Town's drinking water supply. For Fiscal Year 2002 $883,700 needs to be appropriated. Mr. Simons question why the DPW was not starting on Dale Street? Mr. Hmurciak stated that the $883,700 to be appropriated would not be enough to repair Dale Street. Mr. Hmurciak stated that a unit method had been chosen as the form for paying. Mr. Nardella motioned to recommend FAVORABLE action for Article 8 line 12 Sidewalk construction repair, line 13 Sewer system hnprovements, line 14 East side interceptor and line 15 Sewer system Extension in Watershed Phase IVA, 2n~l by Mr. Angles. Voted 3-0 in favor of the motion. Article 13-Phase II Storm Water Regulations Mr. Hmureiak stated to the Planning Board that Phase I of the EPA requirements was for cities, Phase 1I is to be submitted by March 2003 for towns. The DPW would like to get a head start on hiring a consulting engineer to develop a plan to be in compliance with the EPA. Mr. Hmurciak explained to the Planning Board that the consulting engineer would be aware that the Town does have different Boards to deal with when they are developing the best management practices. Mr. Nardella motioned to recommend FAVORABLE action for Article 13-Phase II Storli:t Water Regulations, 2nd by Mr. Angles. Voted 3-0 in favor of the motion. Article 14-Expenses Relating to the Acceptance of Private Ways Mr. Hmurciak explained that this article is to see if the Town will vote to raise and appropriate $36,150 for the purpose of providing the legal work and engineering necessary to layout and accept certain private ways which have been upgraded to acceptable width, grade and construction because of recent utility construction. With the money raise the streets for the fiscal year 2002 are Coachman's Lane, Concord Street, Easy Street, Highland View Avenue, Momingside Drive, and Russet Lane. The Planning Board requested that Ms. Griffin research whether there was any bond money left from the subdivision before a recommendation be made. The Planning Board requested that Mr. Hmurciak come back with why these streets were picked. The vote was to be continue until the May 1, 2001 Planning Board meeting. Article 16-Reducing the Beaver Population The petitioner was not present to present the article. The Town Manager Mark Rees explained to the Planning Board that the Board of Selectmen have not taken a position on this article as of yet. Mr. Nardella questioned what the $4000 being asked to be appropriated would go to? Mr. Rees stated that the funds would be given to DPW for Beaver Control. Mr. Nardella stated that the beaver population was a problem for the Town and a possible public safety issue but felt that the $4000 was not the correct way to handle the situation. Mr. Simons agreed and stated that the Conservation Commission was the directly authority to handle the beaver population. Mr. Angles motioned to recommend UNFAVORABLE action but that the Planning Board acknowledges the serious problem in Town, 2na by Mr. Nardella. Voted 3-0 in favor of the motion. Article 18-Amend Town Code-Add Chapter 177-Water Use Restriction Bylaw Mr. Hmurciak stated that the purpose of the bylaw is to protect, preserve and maintain public health, safety and welfare whenever there is in force a State of Water Supply Conservation or State of Water Supply Emergency by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Department of Environmental Protection. Mr. Hmurciak stated that the DEP model was used and revised to create this bylaw. lVh'. Nardella motioned to recommend FAVORABLE action for Article 18- Amend Town Code-Add Chapter 177-Water Use Restriction Bylaw, 2nd by Mr. Angles. Voted 3-0 in favor of the motion. Article 19,Automatic Lawn Irrigation Bylaw Mr. Hmurciak stated that the purpose of this article was to protect the town from backflow condition from all automatic lawn irrigation systems connected to the municipal water system by the installation of a backflow prevention device approved by the Division of Public Works. Each backflow prevention device shall be registered with the Division of Public Works with the Board of Selectmen setting the registration fees. Mr. Simons questioned the purpose of the bylaw? Mr. Hmurciak stated that this would enable the town to ensure that the community was using the water supply wisely. Mr. Simons wanted to know whether this bylaw would cause more residents to start using wells to irrigate their lawn? Mr. Hmurciak stated that if the residents wanted to install wells that would lessen the use of the town's water supply and shouldn't be a tremendous problem to the Town. Mr. Rees stated that a consultant was reviewing the rate structure. Mr. Nardella was concerned with the second paragraph of 177-11 which reads "All irrigation systems subject to this Bylaw shall be plumbed so that a shut-off valve is located outside the building and situated so that is may be shut off and locked if found to be in violation of this Bylaw. For the purpose of this section only, police officers of the Town of North Andover and/or agents of the Board of Selectmen may enter upon any property to enforce this section." Mr. Hmurciak is going to amend the paragraph and requested to come back to the Planning Board for their recommendation on May 1, 2001. Article 20-Amend Town Code-Chapter 170- Underground Utilities Bylaw Amendments Mr. Rees stated that an outside consultant, Bay State Consultant, has been hired to review the existing bylaw. Bay State Consultant recommended changing that one general contractor is used to place the underground utilities and to change the cost to property owners for service boxes to a 2% surcharge. Mr. Rees informed the Planning Board that if the 2% surcharge does not raise enough to cover the cost of the project the 2% would be kept until all costs are recouped. 4 Mr. Nardella motioned to recommend FAVORABLE action for Article 20- Amend Town Code-Chapter 170-Underground Utilities Bylaw Amendments, 2nd by Mr. Angles. Voted 3-0 in favor of the motion. Note: The Board of Selectrnen requested a revision to Article 20 to the Town Clerk on April 13, 2001. The Planning Board is rescinding their favorable recommendation and will now make a determination on May 14, 2001. Article 21-Amend Town Code-Chapter 170-Underground Utilities Bylaw-Citizen Petition Mr. Michael Lenihan, petitioner, stated that he would like to increase the scope of the bylaw and add a subsection to Section 3 to incorporate the placing of underground utilities at the same time as the proposed Old Center Improvement Plan. Mr. Rees stated that this amendment would have no financial impact to the Town until street lights need to be put up. Mr. Hmurciak cormnented that it would be make sense to do both at the same time. Mr. Angles motioned to recommend FAVORABLE action for Article 21-Amend Code-Chapter 170-Underground Utilities Bylaw-Citizen Petition, 2nd by Mr. Nardella. Voted 3-0 in favor of the motion. Article 22- Amend Town Code-Chapter 115-Trash Collection-Andrew Circle Mr. Nardella motioned to recommend UNFAVORABLE action for Article 22- Amend Town Code-Chapter 115-Trash Collection-Andrew Circle, 2nd by Mr. Angles. Voted 3-0 in favor of the motion. Article 23-Amend Town Code-Chapter 115 Trash Collection-MeadowvieTM Condominiums Mr. Nardella motioned to recommend UNFAVORABLE action for Article 23- Amend Town Code-Chapter 115 Trash Collection-Meadowview Condominiums, 2nd by Mr. Angles. Voted 3-0 in favor of the motion. Article 25-Amend Vote on Article 7- Special Town Meeting December 11, 2000-Thrift Shop Funding Mr. Rees stated that the original article did not make provisions for purchasing property for the relocation of the Thrift Shop. Mr. Nardella motioned to recommend FAVORABLE action for Article 25- Amend Voted on Article 7-Special Town Meeting December 11, 2000-Thrift Shop Funding, 2nd by Mr. Angles. Voted 3-0 in favor of the motion. Article 33-Street Acceptance-Clxristian Way Extension Ms. Griffin stated that the DPW had recommended a conditional favorable actiom DPW's memo stated that the drainage patterns, roadway, and grading must be certified and added to the Final As Built Drawing. The silt fence and hay bales need to be removed with permission from the Conservation Department. Ms. Griffin will be meeting with Town Counsel to go over the paper work. Ms. Mangano questioned when the paper work due in. Ms. Griffin informed her that the paper work should be in to Town Counsel as soon as possible. Ms. Mangano informed the Planning Board that a better communication needed to be in place to be able to proceed with street acceptance smoother. Ms. Griffin commented that new Subdivision Rules and Regulations had come into affect and with the acceptance of those new procedures had been added to the street acceptance. Also, with the paperwork having to be submitted to Town Counsel for easements and covenants the applicant needs to receive a certificate of compliance from the Conservation Department before the Planning Board can recommend favorable action. Mr. Rees informed the Planning Board that the Board of Selectmen wants a recommendation from them by April 23, 2001. Mr. Nardella motioned to postpone the recommendation until April 17, 2001, 2na by Mr. Angles. Voted 3,0 in favor of the motion. Article 34-Street Acceptance-Orchard Hill Road Ms. Griffin stated that DPW had written a memo with the recommendation of unfavorable because the drain manhole at station 2+26 is 8" PVC and should be 12". Also the shoulder areas needs smoothing out, loaming and seeding and the silt fence needs to be removed. Mr. Nardella questioned whether these issues could be worked out before Town Meeting. Mr. Barker stated that he would speak with Mr. Rand and see what could be done. Mr. Nardella motioned to postpone the vote for street acceptance until April 17, 2001, 2~a by Mr. Angles. Voted 3-0 in favor of the motion. Article 35-Street Acceptance-Coventry Lane Mr. Nardella stated that Coventry Estates has had past issues with the Town and wanted to have all drainage issues and past issues resolved before accepting the street. Mr. Pete Tedesco representative for the street acceptance stated that Fleet had hired him to finish the work after the foreclosure of the property. Mr. Tedesco had worked with Mr. Hmurciak of DPW to correct and maintain the site with the as builts, easements and such. Mr. Tedesco stated that two pumping station were offsite of the as builts being held by Fleet and wants to give them back to the Town. Mr. Tedesco informed the Planning Board that the pumping stations had been providing free sewage to those connected. Mr. Tedesco believed that the pumping station was a separate issue. Mr. Hmurciak commented that the as-builts were good and the punch list of items are dealt with and feels that the street can be accepted. Ms. Griffin stated that the paperwork was thorough. Mr. Simons stated that the Town had a long history with Coventry and that to protect the Town the Planning Board needed to ensure that all items that pertain to the subdivision be completed. Mr. Nardella requested that Mr. Tedesco show a receipt that an electric bill paid by the Town was reimbursed. Also, the Planning Board requested that Mr. Hmurciak summarize the pumping station issues. Ms. Griffin is to review the decision for Coventry for any conditions regarding the pumping station. Mr. Nardella motioned to postpone the recommendation for Coventry Lane Street Acceptance until April 17, 2001, 2na by Mr. Angles. Voted 3-0 in favor of the motion. Article 36-Street Acceptance-Huckleberry Lane Ms. Griffin informed the Planning Board that the applicant had requested street acceptance last year but could not be accepted because they had not received a Certificate of Compliance from the Conservation Commission. Linda O'Connell representative for Huckleberry Lane stated that they were scheduled to appear in front of the Conservation Commission on May 2, 2001. Ms. Griffin suggested that the Planning Board postpone their vote because she was meeting with Town Counsel to go over the paper work for street acceptance the next day. Mr. Nardella motioned to postpone the recommendation for Huckleberry Lane nd Street Acceptance until April 17, 2001, 2 by Mr. Angles. Voted 3-0 in favor of the motion. Article 37-Ingalls Street Title Acqtdsition Mr. Rees stated that the Town believed they owned the property but no clear title was found. The Selectmen felt the best route for the Town to prove ownership was to take the land by eminent domain. The article was to pay for the legal work required to take land by eminent domain. Mr. Nardella motioned to recommend FAVORABLE action for Article 37-Ingalls Sta'eet Title Acquisition, 2nd by Mr. Angles. Voted 3-0 in favor of the motion. Article 38-Acquisition of Land-Third Fire Station Chief Dolan of the Fire Department informed the Planning Board that a committee was formed last year to research alternate sites for a third fire station. A member of that 7 committee submitted this article. Mr. Nardella stated that from reading the article it seems the purpose of it was to allow the Town to negotiate for the land. Mr. Simons believed the article was open ended. Mr. Nardella motioned to postpone the recommendation for Article 38- Acquisition of Land-Third Fire Station until May 1, 2001 when the applicant was able to explain the article to the Planning Board, 2"a by Mr. Angles. Voted 3-0 in favor of the motion. Article 39-Communi _ty Preservation Report The purpose of this article is for the Town to vote to hear the report of the Community Preservation Committee. Mr. Nardella motioned to recommend FAVORABLE action for Article 39, 2na by Mr. Angles. Voted 3-0 in favor of the motion. Article 40-Aqnistion of Land-Hawk Ridge Subdivision Mr. Simons a member of the CPA committee requested that the Planning Board postponed their vote until the CPA met on April 11, 2001. Mr. Nardella motioned to postpone the vote for Article 40-Acquistion of Land, 2na by Mr. Angles. Voted 3-0 in favor of the motion. Article 41-Appropriation-Community Preservation Committee The purpose of this article is for the Town to vote to authorize the sum of $1000.00 for administrative expenses for the work of the Community Preservation Committee. Mr. Nardella motioned to recommend FAVORABLE action for Article 41- Appropriation-Community Preservation Committee, 2nd by Mr. Angles. Voted 3-0 in favor of the motion. Decisions: 1591 Osgood Street-Self Storage Warehouse-Site Plan Special Permit Mr. Rowen motioned to APPROVE the Site Plan Special Permit for 1591 Osgood Street, 2"d by Mr. Nardella. Voted 4-0 in favor of the motion. Mr. Rowen motioned to ADJOURN the Planning Board meeting of April 10, 2001 at 9:45 p.m., 2nd by Mr. Nardella. Voted 4-0 in favor of the motion.