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HomeMy WebLinkAbout1996-04-02Planning Board Meeting ~enior Center ,adaril 2, 1996 Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member, John Simons arrived at 7:30 p.m. Richard Nardella and Alison Lescarbeau were absent. Kathlcca Bradley Colwell, Town Planner, was also present. The meeting was called to order at 7:06 p.m. Minutes On a motion by Mr. Rowen, seconded by Mr. Angles, the Board voted unanimously to approve the minutes of March 19, 1996 as amended. On a motion by Mr. Rowen, seconded by Mr. Angles, the Board voted unanimously to approve the minutes of March 26, 1996. Contimted lhtblie Hearing: Growth Management Bylaw John Leemah, Chairman Board of Selectmen, was presem to discuss the proposed bylaw. Ms. Colwell stated that all the comments from last weeks public heating have been taken into consideration and have been addressed by her and Mr. Leemah. The number of lots per year has been increased fxom 50 to 80. Ms. Colwell stated that 80 is the average issued each year for the last 5 years. Every developer will receive at least one building permit a year no matter what. There will be a 20% cap imposed on any one developer's building permits issued per year. Any lot created as of May 6, 1996 will be exempt, that includes Form A plans as well as subdivisions bumping up against their 8 year time frame. The development schedule will be figured out as to when the decision is issued. Ben Osgood, Jr. stated that the changes sound like progress is being made. His concern is that he hasn't seen anything in writing yet and hopes that the public hearing won't be closed tonight. Ben Osgood, Sr. asked that using 1995 as an example, has anyone done the calculations to see if anyone can live with this? Ms~ Colwell replied "no." Mr. Osgood told Mr. Leeman that he doesn't think the proposed bylaw works. Mr. Mahoney stated that the Boards must consider the well being oftbe Town, not the developers. On a motion by Mr. Rowen, seconded by Mr. Angles, the Board voted unanimously to continue the public hearing until the April 16, 1996 meeting. Windkist Farms - Preliminary Subdivision Phil Christiansen was present to discuss the Idans for the property. It is 40 acres in size located off of Boston Street on the Andover border. They are proposing an 18 lot subdivision with lot 8 remaining as a horse farm. The subdivision will be on septic and well water, which is why it's not being proposed as a PRD - it would be difficult to fit a septic system and a well on less than an acre of land. The road will be 1600' long, 26' wide and have sidewalks on both sides. A lot of the property has already been cleared for the horses. Ms. Colwell stated that a TRC meeting was held and Mike Howard will confirm that there are no wetlands on site. There has been no septic testing yet, but at this point it is not required. Mr. Mahoney asked what is the timetable? Mr. Christiansen replied that septic should be tested this month and they hope to return with a definitive plan in 3 months. Ms. Colwell stated that the fire department would like water at the location and asked whether Andover would be willing to extend a line down the road. Mr. Christiansen repUed that he would speak with Andover regarding this. The Board directed Ms. Colwell to draft a decision and fax it to them for approval. Warrant Art/c/~s Conservation Easement Great Pond Road (Douglas Ely) Mr. Ely stated that he sold the lot on the corner of Great Pond Road and Foxhill Road to one of the abutters and created a conservation easement to be granted to the Town. Ms. Colwell recommended favorable on the article. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted unanimously for favorable recommendation on the warrant article. DPW to ra~ ~d appr°pdate $90,000 for sewer extension on Salem St. (Nancy Crisostamo) John Crisostamo was present and stated that this involves homes 30 to 40 years old, a high water table area, and Mosquito Brook nearby. The homes leaching fields are very near Mosquito Brook, and given the age of the homes, the septic systems would probably fail a Title 5 inspection. There are new homes being built in the area that will be on sewerage, and the homeowners on Salem Street would like the sewer line made available to them. Bill Hmurciak was present and stated that the plan makes sense to DPW. The $90,000 is just to design the plan it will cost 1.2 million to install the sewer. 11,000 feet of sewer line will be needed. Mr. Crisostamo stated that the warrant article is for the design of the system, so that the money will be in place in the loan program when the time comes. DPW recommends the warrant article, however, George Pema, Director of DPW, was present and stated that at the Selectmen's meeting the news will be given out that there will be no C.I.P. money available. Mr. Pema stated that if the money was raised by betterments, it would fly otherwise, forget it. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board unanimously voted to give a favorable recommendation to the concept of extending the sewer. Steeet Acceptance Candlestick Road and Jerad Pl~Ce Road Bob lanusz was present and stated there are a few items left to be completed in the subdivision, but feels they should he done soon. Mr. Perna stated that DPW has the as-built plans, but they are not complete. Bill Hmurciak stated that if the outstanding items are completed, and all the documents are in place, it seems reasonable that a favorable recommendation could be given before town meeting. Continued until April 16, 1996. Blue Ridge Road. Lancaster Road and So. Bradford Street Jay Willis was present to discuss the street acceptances. The roads have b~n completed and are approved by DPW. The owners will give easements to the Town, the utilities were granted at the beginning of the subdivision. There is one easement left to be granted over to the Town, and it will be done. The Town is holding a $40,000 bond on this project. Ms. Colwell stated that she hasn't examined all the easement documents yet, and she wants to confer with Bill Hmur¢iak on a couple of issues. Continued until April 16, 1996. Brewster Street Steve Shipp from Brewster Street was present because Frank Gennarelli is on vacation. He stated that Brewster Street is an old street that came up for acceptance 3 years ago, but it wasn't paved then. It has since been paved and all the amenities are in place. The Town plows the street and picks up rubbish. Ms. Colwell stated that the neighbors may have to hire an attorney to be sure all the documents are in place. The question was asked that could the abutters draw up a master deed and all sign it? Mr. Pema stated that if the street was taken by eminent domain he would want the document not to be challenged. Mr. Mahoney stated that this procedure could take 6 to 8 weeks and with town meeting scheduled for May 6th there may be a problem. Continued until April 16, 1996 Acauisition o£ Easements on Coacttmans' Lane, Carriage Chase, Stagecoach Road s_tasecoa P. oad Bill Hmurciak stated that the intent here is to obtain the easements in order to connect up to Hitching Post Road. The easements could be taken by eminent domain, but they are making an effort to track down the owners. The funds for the gravity sewer are already in an account. DPW reconm~nds favorable action on this article. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted unanimously for a favorable recommendation on this article. Carriage Chase & Coachnums' Lane. Bill Hmurciak stated that the plan is to connect the existing sewer on Carriage Chase down through 99 Coachmans' Lane. DPW records favorable action on this article. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted unanimously for a favorable recommendation on this article. Form A Plans Sutton Stree~C~wick Street Jay Burke was present and stated that this plan is for the creation of two lots on the comer of Chadwick Street and Sutton Street. The lots all contain sufficient frontage and area, are in the R- 4 zone and have 12,000 scl ft. The Board directed Ms. Colwell to sign the plans. Andover Street Peter Breen was present to present the plan. This is the division of one non-conforming lot into a buildable lot and an unbuildable lot with an appropriate note on the plan. The Board directed Ms. Colwell to sign the plans. Public Hearit~gs: Continued: Woodi Village Planning Board Meeting Nort& Ando~w, Higk Sckool Caf~ A Members Pre~nt: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member. Richard Nardelia arrived at 7:25 p.m. John Simons was absent. Kathleen Bradley Colwell, Town Planner, was also present. The meeting was called to order at 7:07 p.m. Adult Use Bylaw [Board of Selectment Ms. Lescarbeau read the legal notice to open the public hearing: Bob Halpin, Town Manager, was present on behalf of the Board of Selectmen. He stated that the case law in MA is such that if the zone is not determined an adult use store could be placed anywhere, such as: route 114, 125, near schools or places of worship. Many communities are sponsoring a bylaw for this purpose also. The comer of Holt Road and Clark Street seems a logical location since it is not near schools or places of worship, therefore it would have minimum impact on the community. Also, Mr. Halpin feels that location could withstand a legal hattie. A special pei-afit fi.om ZRA would be needed and the building could not be larger than 3400 scl ft. Atty. Jay Willis was present representing Crusader Paper: They are not happy with the Holt Rd/Clark Street location as they feel their business would be negatively impacted if an adult use zone is created. Atty. Willis suggested that an overlay of the zoning districts be created, then whenever an adult use is proposed, Town meeting would have to vote on it every time. Mr. Rowen stated that he feels that would be voted down every time. The question was asked would an adult use business have a legal redress if voted down at Town meeting? Mr. Mahoney stated that town counsel WIll review the proposal and Ms. Colwell will notify Atty. Willis of their decision. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the public heating was dosed. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously for favorable action on this warrant article. Elimination of planned Residential De~lopments (PRD) Abbe Ritckie Abbe and Don Ritchie of Boxford Street were present to speak about their warrant article. Mr. Ritchie stated that in 1987 the PRDs were voted in at Town meeting in an effort to control growth in Town and save open space. Mr. Ritchie has been speaking with engineers who feel PRDs, especially Foxwood and Phillips Common, are not all that feasible, look at all the trees they've cut down. Paul Healey, Wintergreen Drive, spoke of his unhappiness with what he's seen in PRDS, why does North Andover have so many and why is the Planning Board in support of them? Mr. Rowen pointed out that it is really irrelevant to the growth rate whether or not the Board is in favor of PRDs, that growth was a function of developer's submittals and PRDs were a means of providing the best development for the properties. Mr. Nardella stated that there may be some issues with PRDs, but the Town did vote them in, and from a Planning stand point the Board has much more control over a PRD than it does a regular subdivision. For example, the Board requires sprinkler systems, gutters, drains in driveways, ali ofwhieb they couldn't mandate in a regular subdivision. Mr. Mahoney pointed out that PRDs are more environmentally friendly, less lawn, less chemicals. Mr. Nardella pointed out that plenty of people live in PRDs, there seems to be no problem in selling the homes. Mr. Nardella invited the residents concerned to come to the Planning Office and examine the special conditions that are placed on PRDs, and they will see for themselves how much control the Board has over them. Greg Johnson stated that PRDs may have played a roll in the past, but thinks it is time to modify that. He feels they are a gift to the builder, and ~A acre zoning is not for North Andover. It was pointed out to Mr. Johnson that PRDs save open space with trees still lef~ on the land. Mr. ~ pointed out that Cobblestone Crossing worked out very well, and the Board has approved Jerad IV a PRD that is preserving great open space. This is an example of the Planning Board working with the developer in an effort to use the land in the best possible manner. Jerad IV originally came in with 29 lots spaced out on beautiful open space. Through the efforts of the Board and Bob Janusz, the developer, the number of lots was reduced from 29 to 19 all on one acre, thereby preserving great open space. They are building a tot lot and a trail system connecting to Sugarcane Lane that neighborhood children can use thereby eliminating the need to walk on Boxford Street, a high traffic area. Mrs. Bramanti, of White Birch II, stated her support of PRDs. She and her husband have a sense of community living there and they like it very much. Ms. Colwell stated to the residents that all developments have a thorough examination by the Town staff at a Technical Review Committee meeting. Also, the main reason for PRDs is to preserve open space, and that is the only way we can preserve it. On a motion by Ms. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously to dose the public hearing. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted unanimously for unfavorable action on the warrant article. Revision of the Planned Residential Development Bglaw (Abbe Ritckie~ Mrs. Ritchie stated that she would like to see the minimum PRD lot size in the R-1 zone changed from IA acre to 1 acre, and the zero setback Iine increased. Ms. Colwell stated that she could support the change to 1 acre, but not in the watershed. She also could support the zero setback to 5 or 10 feet. Mr. Rowen stated that in a conventional subdivision the builder will maximize the land, but that can be controlled with a PRD: Mr. Mahoney stated that at Town meeting one or two members of the Planning Board are likely to stand up and state that no changes should be made at this time due to the master plan study. On a motion by Ms. Lescarheau, seconded by Mr. Angles, the Board unanimously voted to close the public heating. No action was taken on the matter of a recommendation. Ms. Colwell will work with the citizens to propose changes that may be acceptable to the Board. Discussion C.I.P. Road Improvement Program ($1,250,000) Sidewalks ($1,000,000) Water Mzin Rehab ($3,850,000) Sewer System Ext. - Phase 3 GPR© ($3,000,000) Sewer System Ext. - Watershed (Ph IV) ($2,100,000) Sewer System Improvements-($30,000) Mr. Hmurciak, D.P.W., made a presentation to the Board on the roadways in Town that need to be improved, the cost and location of sidewalks need for the Sargent School. He also discussed the need for water main rehabilitation and to continue with extending the sewer. Due to the fiscal difficulties the Town is facing in 1997, some if not all of the projects may receive zero funding. Ms. Colwell stated that there are certain things we must do in the Town. On a motion by MS. Lescarbeau, seconded by Mr. Angles, the Board voted unanimously for favorable action on the warrant article. On a motion by Mr. Nardella, seconded by Mr. Rowen, the Board unanimously voted to direct statfto draft a letter to the Director of DPW authorizing him to utilize the funds in the sidewalk accoont. Revision o[ Hotel Definition On a motion by Mr. Nardella, seconded by Mr. Rowen, the Board voted 3 to 2 for favorable action on this warrant article. The vote was as follows: Mr. Mahon~ favorable Mr. Nardella favorable Mr. Angles favorable Mr. Rowen unfavorable MS. Lescarbeau unfavorable Ro'/s/on of S/re P/an Re~e~, On a motion by Mr. Nardella, seconded by Mr. Angles, the Board voted ur~__nimously for favorable action on this warrant article. On a motion by Mr. Nardeila, seconded by Mr. Rowen, the Board voted 3 to 2 for favorable action on this warrant article. The vote was as follows: Mr. Nardella Mr. Rowen Ms. Lescarbeau Mr. Angles Mr. Mahoney favorable favorable favorable unfavorable unfavorable On a motion by Ms. Lesc, arbeau, seconded by Mr. Rowen, the Board voted unanimously to adjourn. The meeting adjourned at 9:10 p.m.