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HomeMy WebLinkAbout1993-04-06KAREN H.P. NELSON D/rector BUILDING CONSERVATION HEALTH PLANNING Town of NORTH ANDOVER DIVISION OF PLANNING & COMM~I~ DEVELOPMENT 120 Main Street, 01845 (5O8) 682-6483 Planning Board Agenda April 6, 1993 7:00 p.m. Senior Center Minutes August 18, 1992 September 1, 1992 September 15, 1992 October 6, 1992 October 14, 1992 October 20, 1992 November 10, 1992 November 24, 1992~5~ ~December 8} December 15, 1992 January 5, 1993 January 19, 1993 ~February 2, 1993 ~ghruary ~3, !993~ March 2, 1993 March 9, 1993 March 16, 1993 March 30, 1993 George Perna and Joseph Mahoney were present at all meeting except March 9, 1993. Present at the March 9, 1993 meeting were John Simons, Richard Nardella and Richard Rowen. o~J The Chairman asked for a roll call voted to go into Executive Session to discuss Mifflin v. Z.B.A. A motion was made by John Simons to go into Executive Session to discuss Mifflin v. Z.B.A. The motion was seconded by John Draper and on a roll call vote: John Simons - Yes John Draper Yes George Perna - Yes the Board went into Executive Session, ~hat ,ene upon completion of the Executive Session ti the public hearing and adjourn the meeting A motion was made by John Draper to come out of Executive Session. The motion wa seconded by John Simons and on a roll call vote: John Simons - Yes John Draper - Yes George Perna - Yes the Planning Board came out of Executive Session at 10:35 p.m. A motion was made by John Draper to adjourn the meeting. The motion was seconded by John Simons and voted unanimously by those present. The meeting adjourned at 10:35 p.m. George Perna, Jr., Chairman Janet L. Eaton, Secretary The Chairman asked for a roll call voted to go into Executive Session to discuss Mifflin v. Z.B.A. A motion was made by John Simons to go into Executive Session to discuss Mifflin v. Z.B.A. The motion was seconded by John Draper and on a roll call vote: John Simons - Yes John Draper Yes George Perna - Yes the Board went into Executive Session. The Chairman stated that upon completion of the Executive Session the Board would reconvene the public hearing and adjourn the meeting. A motion was made by John Draper to come out of Executive Session. The motion wa seconded by John Simons and on a roll call vote: John Simons - Yes John Draper - Yes George Perna - Yes the Planning Board came out of Executive Session at 10:35 p.m. A motion was made by John Draper to adjourn the meeting. The motion was seconded by John Simons and voted unanimously by those present. The meeting adjourned at 10:35 p.m. George Perna, Jr., Chairman Janet L. Eaton, Secretary The North Andover Planning Board held a regular meeting in the Town Hall, Selectmen's Meeting Room. The Meeting was called to order by the Chairman, George Perna, at ?~15 p.m. The following members were present, John Draper, Robert Ercolini and Joseph Mahoney. Also present at the meeting was Karen H.P. Nelson, Director of Planning and Community Development. A motion was made by Robert Ercolini to go into ~xecutive Session to discuss Lot B Great Pond Road. The motion was seconded by Joseph Mahone¥ and on a roll call vote, John Draper - Yes Robert Ercolini - Yes Joseph Mahoney - Yes George Perna - Yes the Planning Board went into Executive Session to discuss Lot B Great Pond Road. Upon completion of the Executive Session the Planning Board will open the meeting to the public. At approximately 8,00 p.m.came out of Executive Session. John Simons arrived at 8,00 p.m. Discussions - Decisions Lot 25 and Lot 28 Great Pond Road - Special Permit Copies of the report from I.E.P. and draft decisions were given to the Board members. Robert Ercolini asked that the Betterment Assessment be worked into the Condition #12. Monitoring for nitrates in the location of the wells will be added to the draft decision. Robert Ercolini spoke on a bond being set up to ensure that the septic systems work properly, in an amount to be determined, payment of 50% at the time of building and 50% at the time of occupancy. Mr. Ercolini suggested the amount of $25,000 per lot. Karen Nelson, Director of Planning & Community Development, will look into the cost. A lengthy discussion took place on septic systems and the possibility of failure of these systems, as well as monitoring the systems. Also discussed were the costs of bringing a sewer to the area. The Board recapped a few of the issues, Condition #14 - regarding fertilizers Condition #16 - needs to be reworded adding prior to construction Condition #18 - monitoring nitrates in well locations Condition #12 - Betterment assessment The will be a no cut restriction in the deed. John James, attorney for Hr. Home, spoke to the Board on the feasibility of pulling an occupancy permit once a person has moved into a dwelling. He also talked about closing on a particular parcel, in that, buyers are asked to read conditions placed on a particular lot or subdivision and if they understand those conditions before buying the property. A motion was made by Robert Ercolini to approve both Special Permits with the amount of $20,000 and with the conditions before the Board. The motion was seconded by John Simons. A discussion took place on the dollar amount placed on each lot. John Draper wanted verifications and reasons. The costs of replacement, legal fees, engineering fees, testing, monitoring and any additional areas of mitigation to protect the Town's water supply. John Draper amended the motion by adding the costs as discussed. The motion on the amendment was seconded by Joseph Hahoney. Rationales will be established for deriving a reasonable figure of the bond amount with the Division of Public Works, Staff and the Board of Health. The Chairman asked for a vote on the amendment. The Board further discussed the amount of the bond and whether to set the figure now or wait for input from staff, D.P.W. and the Board of Health. The amendment was read again by Karen Nelson, Director of Planning and Community Development. "To establish the rationale for deriving a reasonable figure of bond amount with the D.P.W., Staff and Health Officials to include areas such as replacement of system, legal, engineering, testing monitoring and any other additional areas of mitigation measures, to be in Condition The vote of the amendment wast John Draper - In Favor Joseph Hahoney - In Favor Robert Ercolini - Opposed John Simons - Opposed George Perna - In Favor The amendment passed. On the main motion to approve the both Special Permits and as amended. The amount in the main motion was taken out with the amendment. An emergency meeting will be called within fourteen days if there is a problem with the condition as written. Robert Ercolini withdrew the main motion. A motion was made by John Draper to approve both Special Permits and have staff provide rationale information deemed necessary for the Town to protect its interest and recommend an amount or range of amounts that will provide the foreseeable services to protect the Town. The motion was seconded by Robert Ercolini. The motion was voted unanimously bv those The Chairman asked staff to check the number of days in which the Board must act on Special Permits. Whether it is 90 days from the opening of the public hearing or 90 days from the close of the public hearing. Erich Nitzsche Recoonition The Chairman stated that there was old business that had to be taken care of but was not on the agenda. George Perna asked Mrs. Erich Nitzsche to step before the Board. He present her with some roses for her patience with Erich being called to Board meetings. He then asked Erich Nitzsche to step forward and present him with a plaque for his dedicated service to the Town, the Planning Board and Staff. Erich Nitzsche expressed his thanks to the Board. #hippoorwlll Preliminary Subdivision Thomas Neve, engineer, stated that the Board had been given a draft of a decision approximately two weeks ago. Staff was waiting for a response from Town Counsel. Karen Nelson, Director of Planning & Community Development, stated that the question that was asked of Town Counsel was misunderstood. Ms Nelson stated that her has a call into Town Counsel for clarification. The question was how the rezoning of the land to two acres would affect the old subdivision, approved in 1978, and the conditions that were placed on that and a totally new filing of two acres/per lot subdivision versus the old. Tom Neve stated that more importantly, that the purpose of the 1978 subdivision was to allow one house built on a 9 acre lot without sufficient frontage. The applicant is asking for a modification in her letter. Tom Neve stated that the original subdivision was five (5) lots. The conditions stated that two of the five lots would be fore open space, two lots could not be built upon until the road was brought up to town standards and one lot could be built upon, serviced by a driveway. Lots 2 and 3 were reserved for open space. George Perna suggested that staff, and Tom Neve get together to review and get reasonable solution in the interest of the Town and the applicant and have John Simons represent the Board. The Chairman asked for such a motion. Robert Ercolini so moved that staff, Tom Neve and John Simons will review the situation in an attempt to effect reasonable solution to the interest to the Town and the interest of the applicant and come up with an order of conditions that would be appropriate that would satisfy everyone. The motion was seconded by John Draper and voted unanimously by those present. An extension was granted on the time in which the Board has to act on the preliminary subdivision application. Approval Not Required Form A Plans Berry Street Robert Srcolini left the meeting and did not vote on the Form A Plan for Berry Street. A motion was made by John Simons to approve the Form A Plan on Berry Street. The motion was seconded by John Draper and voted unanimously by those present, being, John Simons, John Draper, Joseph Mahoney and George Perna. Bond Releases Patton Lane - Salem Forest II A motion was made by John Simons to release $11,OOO subject to the Director, Karen Nelson, reviewing for easements and the order of conditions. The motion was seconded by John Draper and voted unanimously by those present. Campion Hall The developer has not work on the subdivision since 1987. There is a punch list with 25 items that need to be addressed. A motion was made by John Draper to pull the bond for Campion Hall. The motion was seconded by John Simons and voted unanimously by those present. Discussion Phase II & Phase III of Sewer George Perna asked Bill Hmurciak to show the Board the different phases for the sewer. Phase I is a gravity sewer that is going to the Water Treatment Plant on Great Pond Road, starting on Pleasant Street near the Town Beach. Phase I is now under construction. Phase II will be from Dr. Scully property to the end of Phase with gravity sewers to Rolling Ridge driveway, covering Brentwood Circle and a portion of Bridle Path plus a cross country sewer. Phase III is the entire area that is not sewered beyond Phase II. The area of which is Essex Street, Apple Hill Area, Woodcrest Area, Morningside, Meadowview, Ferncroft, the rest of Bridle Path, and areas out on South Bradford Street. George Perna asked Bill Hmurciak to show the Board all the areas that were sewered. Bill stated that the downtown area was sewered, Route 114 to Hillside Road, with a pumping station on Flagship Drive and Willow Street, Osgood Street to French Farm Area, including Barker Street. There is a sewer up Johnson Street to Sutton Hill Road, through the back of Marbleridge Road past the cemetery, to Kara Drive and Sandra Lane. Hollyridge has a pumping station which pumps to Mark Road. George Perna asked about Route 114 near Boston Hill going South towards Middleton. Bill Hmurciak stated that there was a consortium established for further development along Route 114. A lengthy technical discussion took place on sewers. The Board discussed a special permit along Great Pond Road that was denied for various reasons. The question of the Zoning Board of Appeals granting variances within lee' or 250' for septic systems. Karen Nelson, Director of Planning & Community read from the Zoning Bylaw. John Simons suggested that Raymond Mlyares, attorney and Joel Bard, Town Counsel both be contacted for the correct interpretation and intent of the Bylaw. Lot 25 and Lot 28 Special Permits - Watershed District John James, attorney for Hr. Home, reappeared for reconsideration of the Special Permits for Hr. Home. His client will accept the figure of $20,000 per The Chairman asked the Board to voted on the Special Permit. A motion was made by Robert Ercolini to approve the Special Permits as discussed previously, subject to the sane conditions and bonds in the amount of $20,000 per lot, with 50% at the beginning of construction and 50% at the issuance of an Occupancy Permit. The motion was seconded by Joseph Hahoney. In favor of the motion were Robert Ercolini, Joseph Hahoney and John Draper. John Simons opposed the motion. The Chairman voted in favor of the motion. A motion was made by John Draper to adjourn the meeting. The notion was seconded by John Simons and voted unanimously by those present. The meeting adjourned at approximately 10s30 p.m. · l&aa~ng Bo&~d Minutes 8enio~ Cente~ The meeting was called to order at 7:15 by the Chairman, Richard Nardella. Members Present~ Joseph Mahoney and Richard Rowen. John Simons arrived at 7:40 p.m. Also present was Kathleen Bradley, Town Planner. New Business Minutes= The Board reviewed the minutes presented. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the minutes. The following minutes were approved: July 7, 1992, August 4, 1992, August 18, 1992, September 1, 1992, September 15, 1992, October 6, 1992, October 14, 1992, October 20, 1992, November 10, 1992, November 24, 1992, December 1, 1992, December 15, 1992, January 5, 1993, January 19, 1993, February 2, 1993, March 2, 1993, March 9, 1993, March 16, 1993, March 30, 1993. The following minutes were not approved as there were not enough members present who were present at those meetings. July 21, 1992, December 8, 1992 and February 23, 1993. &uthorization to Siqn FoFm A Pla~g On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted authorize Kathleen Bradley, Town Planner and Karen H.P..Nelson, Director of Planning & Community Development and all of the Planning Board members to sign Form A Plans. Old Business White Birch I - PRD Aoreaae problem At the last meeting the Board asked the applicant to request a variance from the Zoning Board of Appeals for the total acreage of the PRD, as soon as possible. It was too late for the applicant to get on the April agenda for the Zoning Board of Appeals, but they will be on the May agenda. A1 Shaboo has talked with Frank Serio about the situation. The applicant is to come to the Planning Board's next meeting immediately following the Zoning Board of Appeals meeting. Coventrv Estates - Phase I BoB& A memo must be presented to the Planning Board outlining what happened at a meeting with Karen Nelson, George Perna and representatives from the bank. This item will be placed on the Planning Board next regular meeting. The applicant will have thirty (30) days to get back to the Board with a progress report. Ms. Bradley to talk to Ms. Nelson about the meeting and report to the Board. Wa on Wheels Ms. Bradley gave the Board an overview of the project history. Dana Akers, Lawrence Savings Bank, was present. There was a discussion on the need for an extension of the approval. The applicant will voluntarily go through modification of the subdivision approval to add sidewalks. Mr. Nardella wanted the applicant to show drawings of modification with final As-built Plans, no need to do new drafting of plans at this time. Stephen Stapinski, Merrimack Engineering, stated that he would not have to go back to the Conservation Commission to put sidewalks in the proposed development. Questions were raised as to whether a public hearing would be required. The developer has agreed to work with Woodland Estates in constructing Old Cart Way. Both parties to build to property line. Staff to review submittals for modification. The applicant was asked to file a modification with the Planning Board regarding sidewalks and roadway/utility connection with Woodland Estates. Public Hearinq~ Peachtree Estates - Definitive Subdivision/P~n Mr. Mahoney read the legal notice to open the public hearing. Ms. Bradley gave the Board an overview of the proposed project. The proposal was submitted under one (1) acre zoning, however, the site has two (2) acre zoning. Mr. A1 Shaboo, Environeers, Inc., was present and asked to withdraw the application. On a motion by Mr. Simons, seconded by Mr. Mahoney the Board closed the public hearing and accepted the withdrawal without prejudice. Booth Street - Definitive Subdivision Ms. Bradley gave an overview of her meeting with Bill Hmurciak, George Perna, and Richard Doucette on Monday. Mr. Simons asked if the street layout made sense. Ms. Bradley answer was, "no", but that the Town was locked into the street configuration as it exists. Mr. Hmurciak is to review the current cul-de-sac plan. The Planning Board would not want to see a hap-hazard development. Mr. Ralph Joyce gave the Board an overview of the access to Hillside Road issues. There is no specific language in deeds granting right to pass but general legal understanding of right to pas and repass. Need staff review with Mr. Hmurciak. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted to continue the public hearing to the April 20, 1993 meeting. Mr. Simons acted as Acting Chairman, as Mr. Nardella had to leave for a half hour. Discussion Stevens Crossinq - Definitive Subdivision /PRD Mr. Laudani to draft letter confirming his understanding regarding the Form A Plan for the Hartrich property held in escrow, submitted prior to filing of decision. Mr. Thomas Laudani, developer, had the following issues: 1. Request letter to ZBA regarding lot size. 2. Model homes issues Model home - allow building of the model in exchange for a bond equal to the amount of the cost to build roadway to house. The model home must be on sewer. parking issues for model home Cobblestone Crossinq - Definitive Subdivislon/P~ Issues= 2. 3. 4. So D.P.W. has to review the newest changes to the plans. detention pond in no cut zone. Where are the existing trees in relation to the homes? Locate major trees on plans, give indication of existing trees. Screening of detention pond. Need to know why no swales in town - from Mr. Hmurciak 4ft. stone wall to be constructed with plantings. The question of why raise roadway and house was brought up. answer was to keep to existing grade. The model home must be on sewer system. No decision was rendered. The On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to continue to take the matter under advisement. The Police Department will be asked about a right turn only from the subdivision. Decisions Stevens Crossinq - Definitive Subdivision/PRD On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the decision as amended on the definitive subdivision. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the decision as amended on the Special Permit for a PRD. Mr. Nardella voted in the affirmative as Chairman as four votes are needed to approve a Special Permit. Decisions to be reviewed by Planning Board members, specifically, Mr. Nardella and Mr. Rowen, prior to filing. Adjournment The meeting adjourned at approximately 10:15 p.m. ~anetL. Eaton, Secretary Richard Nardella, Chairman