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HomeMy WebLinkAbout1994-09-20~a~n~ag Bo&~d Neet~ng 8eptembe~ 20~ ~994 oen~or ~enter The meeting was called to order at 7:49 p.m. Members Present Richard Nardella, Chairman, Richard Rowen, Clerk and Alison Lescarbeau. Also present was Kathleen Bradley Colwell, Town Planner. Edaewoo~ Life Car~ No quorum for Special Permit vote, will wait on vote until fourth person arrives. Attorney Clifford Elias told the Board that there has been an increase in marketing effort. Almost at the 50% capacity mark. The Town will receive payment in lieu of tax agreement. The applicant will consider an offer for a right of first refusal. Open ODaoe p~an Ns. Colwell gave the Planning Board a copy of the recommendation section of the Plan and reminded the Planning Board that it needs to make comments for submission to the State. Mr. Nardella asked the Planning Board to review section and give comments to Ms. Colwell. This will be discussed at the Workshop Meeting next week. North Andover Bstate- Attorney Ralph Joyce discussed an irrevocable letter of credit, renewable automatically on a yearly basis unless notification given in writing by registered mail then the Town has sixty (60) days to take the bond. The bank will not do a five (5) year period because they have an annual review. The bank can name a particular individual to send registered letter to. Request that the Planning Board accept the letter of credit and release the tri-party agreement. Mr. Nardella asked if PNC was the mortgage holder for the project. Attorney Joyce replied, that this was not a mortgage, but a project secured with stop options through the bank. Mr. Nardella clarified that the bank is an interested party in this agreement. Attorney Joyce stated that the bank cannot defend non-payment of a letter of credit because it is a negotiable instrument, notice of termination does not automatically terminate agreement. Mr. Nardella spoke about a ninety (90) day sunset clause. The Planning Board will not discharge tri-party agreement until an acceptable document has been submitted, issued to Richard A. Nardella, or the then chairman of the North Andover Planning Board. Mr. George Perna, Director of D.P.W., stated that the Planning Board should accept this language now and then release this upon receipt of acceptable language. Mr. John Nolan believes that the Town is not adequately protected under a tri-party agreement. Mr. Nardella stated that he was looking for a motion to accept letter of credit as modified and to direct staff to draft letter releasing tri-party agreement upon receipt of acceptable letter of credit. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted to accept letter of credit as modified and to direct staff to draft letter releasing tri-party agreement upon receipt of acceptable letter of Credit. The Chairman also voted. Butcher BoY Market Mr. Frank Smith, construction manager, was present and told the Planning Board that the drainage structures and retaining wall will be constructed by winter. Mr. Rowen had questions about drainage during construction and post construction. Mr. Smith stated that the water drains away from the lake, towards Route 125, detention pond will not be used unless a 100 year storm event occurs. There was a discussion of drainage issues. Mr. Smith stated that the last man-hole constructed will be plugged until detention pond is constructed. No snow to be dumped over edge of retaining wall. Mr. Nardella stated that D.P.W. and the Planning Board will be monitoring the site closely. Mr. Nardella stated the need to determine bond amount, $20,000 for detention pond construction, an additional $20,000 for drainage and erosion control. The Planning Board discussed concern about construction vehicles stored on site and problems with potential spills. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted to set the bond for $20,000 detention pond and $20,000 for erosion control. The bond is to be in the form of a passbook, as that was what the decision required, to be approved by the Planning Board, made out to the Town of North Andover with one signatory as the Chairman of the Planning Board of North Andover. Could have two signatures as long as both signatures required for any withdrawal. Diseussio~s Seven Oaks Mr. James Grifoni was present. Discussion of driveway easement across Lyons Property. There was a request that a driveway be placed in the fifty foot buffer zone and the buffer zone be extended the width of the driveway. The Planning Board does not want septic system in the buffer zone if at ail possible. The applicant to present Ms. Colwell with options for the relocation of the buffer zone and the septic system. Minutes July 19, 1994 On a motion by Ms. Lescarbeau, seconded by Mr. voted to accept the minutes of July 19, 1994. voted. Rowen, the Board The chairman also &uaust 2~ ~994 Adjournment time of 11:30 p.m. to be added. On a motion by Ms. Lescarbeau, seconded by Mr. Rowen, the Board voted to accept the minutes as amended. The Chairman also voted. &uaust 16, 1994 Mr. Nardella asked that third paragraph under EdgewoodLife Care on page 2 read as follows: "Mr. Nardella queried whether the Town may be granted a right of first refusal. Attorney Elias is concerned that this may not be feasible." Because only two of the six members of the Board were present, this item was tabled to the next meeting, with the amendment noted. Auaust 23. 1994 Change impermissible to un-permittable on page 3 at the request of Mr. Nardella. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, the Board voted to approve the minutes as amended. The Chairman also voted. 8eDte]~)e~ 6, 2991 On a motion by Ms. Lescarbeau, seconded by Mr. Rowen the Board voted to accept the minutes of September 6, 1994. The Chairman also voted. 8em~e]abe~ X$, 1994 On page 3, under "2. Rat Tail" Lots - change the word draggining to dragging. On a motion by Mr. Rowen, seconded by Ms. Lescarbeau, voted approve the minutes as amended for September 13, Chairman also voted. the Board 1994. The [Note: letter from Board of Health on Salem Forest IV is needed] Mr. Simons arrived at 9:20 p.m. Den Rook Subdivision - Updat~ Ms. Colwell outlined the issues. subdivision filed with the Town Clerk on July 8. 1992 therefore two year period for construction of the road and installation of utilities has past, but the covenant has not yet expired. It expires on October 6, 1994. Attorney Peter Shaheen requested an extension of the subdivision for one year. Mr. Nardella questioned property donation to Conservation Commission along the Shawsheen River. Attorney Shaheen stated that he was working with the Conservation Commission on a donation of land. Items needed: need a description of the property in order to draft deed land cannot be developed because it is in the flood plain Mr. Nardella stated that an extension may be granted with addition of site opening bond, and renew Form I Covenant. Discussion of location of cul-de-sac. Site Opening Bond of $10,000 is required. Mr. Dave Zaloga stated that they will start working on the site as soon as possible. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to extend the subdivision approval for one year of the date of the decision filed with the Town Clerk, based on the addition of a cash Site Opening Bond of $10,000 and renewal of the covenant for one year. Mr. Perna is concerned about the cul-de-sac location given current knowledge of paper streets. ldaswcod Life Cars The Board continued discussion becauss four (4) members were prssent. Ms. Lescarbeau had questions about the right of first rsfusal. Attorney Elias stated that he has discussed this issue with the land owner and the Town Manager. This is not currently on the table but is somsthing that can be pursued further. Mr. Nardella believes applicant will put forward an effort to pursue this issue. On a motion by Mr. Simons, seconded by Ms Lescarbeau, the Board voted to exten~ for one year, all special permits based upon reasons discussed at a prior meeting, a memo by Ms. Colwell and a memo by Attorney Elias. Ms. Lescarbeau voted as a regular member on the special permits. Hr. Nardella also voted. Public He&rinqs 350 Winthrop avenue - Sits Plan Rsview Mr. Rowen read the legal notice to open the public hearing. Hr. Steve Stapinski, Merrimack Engineering, presented the Board with an overview of the proposed project. Route 114 Market Basket traffic flows into site via set of traffic lights 5,600 sq. ft. addition on the front of the building to increase check out area size and bring building into ADA compliance The Planning Board wants locus plans on all plans including Site plans. [add to ZBL] existing walkway along front of building 25' sidewalks will be extended out planter in front of building with burning bush all work between existing islands reduce number of parking spaces in front of building and creating handicap spaces name of tenants will be placed on the backs of all buildings, sprinkler system will be added to addition, grass island behind building will be removed as it precludes adequate fire access David Correlle, 691 Waverly Road, had questions about the lighting on back of building. Mr. Stapinski stated that lighting will not change. Mr. Nardella wants Planning Board to think about eliminating some more parking along the front and expanding travel lane - review what can be done to delineate travel lanes better. Applicant to mark edge of new building on pavement. The Planning Board will review on their own time. Mr. Simons asked what are the future plans for the site. Mr. Stapinski stated the there was not enough space on the site for additional expansion due to wetland areas and the need for parking. Mr. Rowen asked if there was any outside security planned for site. Mr. Stapinski stated that he was working with the Police Department and may have unmarked cars at peak seasons and hours, have video cameras, possibly a bicycle officer. Mr. Nardella stated that he was looking for a commitment to security. The location of the proposed will be marked in the field for Board members to look at their convenience. On a motion by Rowen, seconded by Simons, the Board voted to continue the public hearing to October 4, 1994. 340 Johnson Street - Special Permit - #atershe~ Distriot Discussion of proposed conditions. haybales between wetlands and pool excavation concrete apron around pool so that water does not go into lawn slope site slightly away from wetland area french drain at bottom of pool will need to be constructed may need to do perc tests to design the dry well to hold the back wash system applicant to determine type of filter system to be used Ms. Colwell to review pool situation with IEP Report and discuss pools with the Planning Board. On a motion by Rowen, seconded by Simons, the Board voted to continue the public hearing to October 4, 1994. Salem Forest IV - Definitive Subdivision Mr. Joseph Serwatka, Hancock Survey, presented revised plan showing common driveway from Granville Lane. reduced wetland crossing reduced driveway length for common driveway 15' driveway width may need a turn around area at the turn The applicant is asking for a waiver for the length of the roadway. The Planning Board reviewed alternate location for wetland replication area. Plan showing a turn around in driveway should be added. The Planning Board needs a letter from the Board of Health on status of testing. The applicant needs to apply for access other than over legal frontage special permit. There will be a site visit scheduled for Saturday, September 24, 1994. The Board will meet at 216 Raleigh Tavern Lane, under power lines. On a motion by Ms. Lescarbeau, seconded by Rowen, the Board voted to continue the public hearing to October 4, 1994. Prel~minarv Plans Mr. William Bergeron, Hayes Engineering and Don Johnson, owner of 114 Boston Street were present. Mr. Bergeron presented the Board with the following information: . 4.64 acres . manmade pond on site · request for determination approved and filed with the Conservation Commission · three (3) new lots · 402 ft. roadway (note change TRC minutes) · East Pasture circle · one acre zoning Mr. Nardella stated that the cul-de-sac can be reduced in size or an island can be Placed in the center. Mr. Bergeron stated that there was a physical low point at the end of the road to discharge into detention basin surrounding a small wetland. Discussion of infiltration basin in the cul-de-sac. Mr. Bergeron stated that sidewalks were proposed on one side of the street to go around the cul-de-sac. Discussion of sloped granite curbing. Discussion of sidewalks, and need for them on a 3 lot subdivision. The applicant to revise plans to show the following: · 24' pavement width · shorten sidewalk · add island with landscaping On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to continue the public hearing to October 4, 1994. On a motion by Mr. Simons, seconded by Ms. Lescarbeau, the Board voted to adjourn the meeting. The meeting adjourned at approximately 11:35 p.m. ~anet L. Eaton, Secretary Richard A. Nardella, Chairman