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HomeMy WebLinkAbout1994-04-19Planning Boazd Xeetinq ~Ltnutea ~r~l 19, 1994 L~braz~ Conference Room The meeting was called to order at 7:15 p.m. Joseph Mahoney, Vice Chairman, Richard Rowen, Daghlian. John Simons arrived at 9:00 p.m.. Kathleen Bradley Colwell, Town Planner. absent. Clerk and John Also present was Richard Nardella was Disoussions North Andover Estates - UDdate Ms. Colwell stated that at the last meeting the Board and Toll Brothers discussed work that needs to be done on Lots 1, 2, 3, & 4 to correct drainage problems. The Board directed Toll to come up with a plan that did not involve work in the §Oft. buffer zone. Toll will install perimeter drains around the house that will tie into the street drainage system and fill in the existing drainage ditch. This work will not require work in the buffer zone. At the last meeting Elm Services requested a bond release. The Board rescheduled a site walk from April 23 to May 14. Mr. William Hartnet, Lot 38 - 83 Rosemont Drive, wants all issues addressed prior to any bond money being released. Mr. Kevin Forman, Lot 42, is concerned about drainage and rocks behind lots. Michael & Debbie Silverman, Lot 8, expressed concerns about drainage on the lots and soil issues on their lot. Ms. Susan Blaine, Lot 5, stated there was mud in back of her lot, water coming from detention pond side. Ms. Lynne Hartnet, Lot 38 - 83 Rosemont Drive, asked if anything would be done regarding the entrance slope rocks. Mr. Mahoney statedthat this was an on going issue. Mr. Rowen stated that the Board has continued discussions with the engineers and architects regarding the entrance slope. Ms. Hartnet told the Board the majority of streets have curbs, but there is no curb in front of her house. Ms. Colwell stated that curbs are required along the road where the slope is 6% and greater, the slope of the road in from of LOt 38 must be less than 6%. D.P.W. has asked North Andover Estates developers to add curbing in some areas. The Board will take a site walk on May 14, 1994. South Bradford Street Parcel - Watershed District Mr. Robert Brown, South Bradford Street. Ms. Colwell told the Board that Mr. Brown owns 5.65 acres of land in the watershed on South Bradford Street. He would like to do some testing on his land for septic systems and will need to disturb some vegetation. Mr. Doucette and Ms. Colwell walked the site with Mr. Brown. All of the disturbance will be kept 100 ft. away from any wetlands. Ms. Colwell requests that the Board authorize her to draft a letter of authorization to Mr. Brown to do the tests. The Board authorized the work. Warrant Articles There was a discussion of writing a letter to the newspaper explaining the Planning Board Warrant Articles. Mr. Mahoney will draft the letter. l~xblio Hearinqa Mr. Rowen read the legal notice to open the public hearing. Mr. John Salvastano and Mr. John Leemah presented the Sign Bylaw. · added definitions · did not change dimensions · clarified signs on corners · clarify what signs are and are not allowed Issues outstanding concern the percentage of an interior window that can be covered by advertising. On Temporary Signs, Mr. Leeman would like to add in a section that Andover has, they want to be able to advertise specials without a Special Permit. Currently a permit is needed for all signs. Mr. Rowen stated that a time limit is needed on temporary signs. Mr. Mahoney asked what was the definition of a temporary sign. There was no specific definition of a temporary sign. Temporary sign is the same or must follow the same requirements as a permanent use of use, but for a maximum of 60 days. Mr. Salvastano spoke on clarifying definitions and citizens concerned about temporary signs and running specials. Mr. Rowen asked what happens if a sign is in disrepair? Mr. Salvastano answered that if it cost more than 30% of the total sign cost to repair, the sign must meet the new bylaw. Ms. Colwell discussed subdivision signs, and the need for clarification of when a subdivision is deemed complete. Mr. Charlie Foster, resident, stated that this bylaw is more restrictive than current bylaw, limitations in industrial zone, neon signs. He expressed concern that there were no public hearings and/or input from businesses. Ms. Tina Messina asked for clarification on temporary signs. Section I includes signs for specials. Mr. Yameen stated that the Selectmen should increase the percentage of coverage allowed in interior windows. Mr. Foster concerned about landscaping, buffering and lighting. Mr. Leemah told Mr. Foster that these were only guidelines. Mr. Mahoney stated that the Planning Board recommendation will be made at Town Meeting. 980 Osaood Street - Rezonina There was no one at the meeting to discuss the article. The Board postponed the discussion. ~reat Pond Road - Resonina Mr. Rowen read the legal notice to open the public hearing. Attorney John Willis told the Board all of Foxhill Road should be rezoned. The area was developed as an R-3 Zone and should go back to an R-3 Zone. Would modify the warrant article to prevent any additional lots from being developed. The property is on sewer and on town water. Mr. Mahoney stated that the warrant article will rezone the area from R-1 and R-2 to R-3. Mr. Rowen stated that he was not in favor of it, spot zoning for one person, this subdivision was constructed during a time when it was changed to R-2. There was discussion regarding a 1992 case that stated that any lot that is non-conforming in size requires a variance before any changes can be made to the house. Mr. Bruce Davis, 89 Foxhill Road, told the Board he has added onto his house with a building permit, he is concerned that he would need a variance now to do any work as his lot is non-conforming. Mr. Daniel Griffin, Jr., 170 Great Pond Road, is not in favor of the rezoning, wants to protect the value of his property and the watershed. Water bill has increased in the past years and he is willing and has made an offer to the petitioner to purchase the property. He has done research and is concerned about the closeness of the houses if constructed. He is also concerned about the buildability of the lot in the watershed and about construction of lots along Pleasant Street. The petitioner has offered to amend area of rezoning to exclude the Pleasant Street lots - spot zoning. Mr. Daniel Griffin, Sr., 170 Great Pond Road, commented that this was a giant step backwards for the Town in its protection of the lake. Mr. Henry Finke, Turnpike Street, stated he was in favor of the article. The land is in the Merrimack River Watershed, not in the Lake Cochichewick Watershed. The area was rezoned to protect the watershed. Douglas and Judy Ely told the Board that they bought the lot in 1988. They checked with all Town departments at that time and everything was thought to be checked, they got Form U filled out at that time but building permit only lasts for 6 months and they were not ready to build yet. They bought a house on Great Pond Road in 1992. They found a buyer in 1993 but the variance previously granted has expired. It will be a major financial hardship for them if it is not a buildable lot. They have discussed proposal to build on the lots with people in the neighborhood and neighbors had no issues, concern was expressed about lots along Pleasant Street. Mr. Mahoney stated that the Planning Board will make a recommendation at Town Meeting. Lot 61 & X08 Great Pon4 Road - Repetitive Petition Mr. Rowen read the legal notice to open the public hearing on the repetitive petition. Mr. Mahoney asked what are the specific and material changes in the conditions upon which the previous unfavorable action was based. Mr. James Bourgeois, Thomas E. Neve Associates, was representing Rita Gonsalves and Mr. Matthews. He told the Board that it was the same proposal, however, circumstances have changed because they went before the Conservation Commission with a different plan. The Conservation Commission rejected the revised plan. Mr. Mahoney read Chapter 40A Section 16 and asked what specific and material changes have been made. Mr. Bourgeois stated that there was no change in the actual plan, but a change in the circumstances. Mr. Rowen commented on the applicant coming back with the exact same plan. He asked Mr. Bourgeois again "What is the specific and material change?" Mr. Mahoney stated that the location is so sensitive being on the edge of the lake, no change in the plan, he cannot support it. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted to close the public hearing. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted unanimously they do not find any specific and material changes in the conditions and therefore denies the request for a repetitive petition. The applicant was asked to withdraw the special permit application. Mr. Bourgeois stated that the applicant withdraws the application for a Special Permit. The Planning Board accepted the withdrawal without prejudice. Lot 6&? and L~ts 8&9 SharDners Pond Road Special Permit - C~mmon Driveways Mr. Rowen read the legal notice to open the public hearing. Mr. Chris White was present representing Torey Realty Trust. An eight lot ANR plan was signed in February. Owners have agreed to put a conservation restriction on the back acres. The first proposal had two common driveways next to each other. The second proposal separates the driveways. This would reduce grading and tree cutting. The Conservation Commission has walked the site and supports the second plan. It's a better layout, less easements. Driveway is 14 ft. for common part, added a graded turnout are on both driveways. Guard rails will be put along steep slopes. The developer will be minimizing disturbance within retaining walls and 2 to i slopes. Mr. Simons questioned how house locations were chosen. Mr. Joseph LaGrasse told the Board that they would be staying on top of knolls on each lot, siting houses to look toward the street, staying within 100 ft. buffer lines of wetland areas. Mr. Simons questioned if the sites perked and do they minimize the most cutting. Mr. Simons asked the applicant if he has look at a subdivision or a PRD. Ms. Colwell stated that staff and the Board did look at this earlier, and decided that a subdivision would disturb a larger area and would create more lots. Mr. White stated that he did look at putting a short road in and it would create more lots, but a road would have greater impacts with wetland and topography. Mr. LaGrasse told the Board that boxes are shown on the plan for information only, house designs will be site specific. Mr. Simons asked if there was an issue with Lot 3 with Conservation Commission. Mr. White replied, "no" because they were still 50 ft. away. Mr. White told the Board that the Health Department was reviewing the tests. The Board scheduled a site walk for May 14, 1994, after the North Andover Estates visit. On a motion by Mr. Simons, seconded by Mr. Daghlian, the Board voted unanimously to continue the public hearing to May 17, 1994. Rezone 980 Osqood Street Mr. Rowen read the legal notice to open the public hearing. Ms. ColWell - policy to rezone from I-2 to B-2 in the watershed. Staff would recommend favorable action on this article. Mr. Rowen made a motion to support staff's recommendation. There was no second. Ms. Colwell to see if lot could be subdivided into 2 lots. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board vote unanimously to continue the public hearing to May 2, 1994. The meeting adjourned at 10:10. ~anet L. Eaton, Secretary Joseph Mahoney, Vice Chairman