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HomeMy WebLinkAbout1992-08-04The North Andover Planning Board held a regular meeting on August 4, 1992 in the Town Building, Selectmen's Meeting Room. The meeting was called to order at 7:35 p.m. by the Chairman, George Perna. Also present were Joseph Mahoney and Richard Rowen. John Draper and Richard Nardella arrived at approximately 7:50 p.m. John Simons arrived at approximately 8:15 p.m. Bonds Shawmut Bank - Bond Reduction - Coventry Estates Richard Rowen, Acting Clerk, read a letter from the Shawmut Bank requesting a reduction on the bond being held on Coventry Estates. Christian Huntress, Town Planner, reminded the Board that at the last meeting the Board voted to pull the bond. A letter has been sent to the Shawmut Bank. Staff was directed to send another letter to the bank reaffirming the Board's position and stating also that the Board does not reduce a bond to zero, and the Board does not believe that allthe work had been completed. D.P.W. will be asked to review the subdivision for their recommendation. Christian Huntress reminded the Board that there was a bill for $5,000 for electricity on the pump station that has not been paid and has since increased. The issue of the bill is to be put in the letter to the Bank. Sugarcane Lane - Bondin~ & Lot Release Richard Rowen read a letter from Robert Janusz requesting fund from the original Jerad Place be transferred into an account for Sugarcane Lane. Richard Rowen read a letter from Bill Hmurciak, D.P.W. Enough work has been completed on the entire subdivision to allow the transfer of funds to the Sugarcane Lane portion. There is $108,000 being held in that bond. A motion was made by Joseph mahoney to establish a bond in the amount of $108,000 for Sugarcane Lane, to be transferred from the account of Jerad Place and put into a new account under Sugarcane Lane. The motion was seconded by Richard Rowen and voted unanimously bythose present, including the Chairman, George Perna. John Draper arrived at approximately 7:50 p.m. North Andover Estates - Establish Bond The issue was tabled to the public hearing on North Andover Estates. Discussions New Castle - Lot Release Christian Huntress, Town Planner, stated that there was a request for release of the following lots, 1,3,4,5,21,22,23,24,25,26,27,28, and 40 through 63. All the lots are properly bonded. A motion was made by John Draper to release the lots on the Form J as listed. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Strateqic Planninq Grant - Signatures Richard Rowen read a memo from Karen Nelson, Director of Planning & Community Development regarding a Strategic Planning Grant. Joseph Mahoney asked who was going to be doing the work or planning and how will the money be spent. Christian Huntress stated that the $5,000 match will be paid by in- kind services through the Town of Methuen. The grant is for $50,000. Methuen will be administrating the grant funds if awarded by EOCD for the work in some of the surrounding town. A motion was made by Joseph Mahoney to authorize the Chairman, George Perna to sign the necessary forms. The motion was seconded by John Draper and voted unanimously by those present. John Simons arrived at approximately 8:15 pm. Public Hearin~ Woodchuck Grove - Special Permit ModificatioD Richard Rowen read the legal notice to open the public hearing. Christian Huntress stated that at a previous meeting the Planning Board granted a one year extension on the Special Permit with the condition that the applicant would come back before the Board with a modification on that Special Permit and make the roadway a public way. The D.P.W. and Technical Review Committee have reviewed the roadway. Christian Huntress gave the Board a draft decision. He stated that the conditions before them were the same as that of the original decision with the exception of Condition 10 and 12. Condition 10 states the roadway would be private. Condition 12 was deleted as it referred to easements over a private roadway. Condition 2 referred to the open space being owned by an association. The open space will now be owned by the Town, in fee, so that the Town can swap land with the State Forest. The land will be deeded to the Selectmen so that it can be transferred to the State. Questions were raised on the uses of open space, as well as who the land is deeded to. Christian Huntress read from the Zoning Bylaw. Joseph Mahoney expressed his opinion on open space and that it should be kept in the property owners name so that taxes could be collected form it, like in other Towns. John Simons and Richard Nardella agreed. Richard Nardella stated it was too easy for developers to deed over land to the Town. John Simons suggested that this subject be brought up to the Open Space Advisory Committee. John Willis asked that if the open space were going to be deeded to the Town, he wanted some restriction in the deed to protect the home owners within the development. George Perna stated that there will be conservation restriction placed in the deed. Christian Huntress sated it was part of Condition 2. Joseph Mahoney asked if the conservation easement was a broad term or did it mean specific things. Christian Huntress stated that it was a fairly broad term. John Draper asked if the roadway would be bonded until such time that it be accepted as a public way even if was in 1999. Christian Huntress told him the roadway would be bonded until the roadway was accepted by the Town. Marcia Lydick, 17 Fuller Road, expressed concerns with run-off to her property. John Willis stated that run-off has been mitigated. Mrs. Lydick asked to see the plans. Robert Holleran, 1049 Salem Street, expressed concerns with run- off. John Willis went over the plans showing the neighbors where and how the water would flow. Mrs. Lydick asked for a guarantee on the way the water would flow once the pipes were installed. Richard Nardella stated that the Planning Board will be monitoring the work and the Town will be holding a bond on the development. John Simons stated that on the original application of this project, the drainage was reviewed carefully and thoroughly. An outside consultant was also brought in to review the plans. Mrs Lydick asked again for a guarantee. John Willis stated that the Lydick's pool was built close the wetlands and during a heavy storm there is a large amount of water that builds up. George Perna stated that the plans have been reviewed thoroughly and that Mrs. Lydick;s situation may be better than it is at the present time. Mrs. Lydick asked for the date of the original decision. Christian Huntress stated that the decision was filed on July 31, 1989. John Willis asked to reserve the rights of the home owners by affording them some degree of privacy, the language not specific at this time. Christian Huntress will re-write Condition 2, deeding a portion of the open space to the Board of Selectmen and the balance of the property to the association. A motion was made by John Simons to close the public hearing . The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by John Simons to approve as drafted and amended, the Special Permit Modification on Woodchuck Grove. The motion was seconded by Richard Nardella and voted unanimously by those present. Conservation Administrator Richard Nardella asked to hear from Richard Doucette,. Conservation Administrator on an article written in the local newspaper regarding open space. Richard Doucette stated that there was a decision in Superior Court overturning a decision of the Conservation Co--ission and that the Wetlands Bylaw in effect in 1989 was invalid. Since 1989 the Bylaw has been re-written. Richard Doucette stated that there was a case in Harwich, MA were the Wetland Bylaw was a mirror of the State regulations. In order to be in effect, a Town WetlandBylaw has to be more stringent than the State law. Richard Nardella asked how this would effect Campbell Forest. Richard Doucette stated that Campbell Forest comes under the new Wetlands Bylaw and is not affected with this decision. Richard Doucette stated that the decision by Superior Court was somewhat contradictory. Flowaae Inc. - Great pond Road - Special Permit - Sewer Extension Christian Huntress stated that the application before the Board was for the construction of a sewer line from the Colonnade to a pump station near Ray's Pond. The Colonnade septic system is failing and the connection to the sewer line is essential. Christian Huntress stated that he has drafted a conditional approval on this application. John Simons read the legal notice to open the public hearing. Christian Huntress showed the Board the plans. Approvals from the D.P.W. and the Conservation Commission have been received. Steven Foster, Channel Building, Project Manager, spoke to the Board on the application before them. An escrow account was set up when the Colonnade was sold as condo's. Mr. Foster explained the way the system would work. George Perna asked about the existing septic system. Flowage Inc. has nothing to do with the Colonnade. Flowage Inc. owns the pump station at Rays Pond. The pump station is connected to the French Farm Subdivision. It was built larger so that others could connect. The Colonnade has been asked by the Board of Health to connect into that pump station. Questions were raised about taking out the old septic system once hooked up to the sewer. George Perna stated that the old system would be used as a back-up. A condition will be put in the decision on who has .control of the back-up system, which will be the D.P.W. A motion was made by John Draper to close the public hearing. motion was seconded by Joseph Mahoney those present. Conservation has .issued an Order of $100,000 bond in place for the work. The and voted unanimously by Conditions. There is a George Perna stated that he had spoken to Bill Dolan, Fire Chief, regarding the fire sprinkler requirement. Although the Board cannot modify the Special Permit, they can modify the subdivision and under that modification the Board would decrease the length of the roadway for safety reasons. With that, the applicant has agreed to install fire sprinklers. The number'of hydrants will now be. reduced. There are some other arrangements/agreements that will be established under the bond. The Board will not modify the subdivision. John Simons read the legal notice to open the public hearing. John Simons questioned why the length of the cul-de-sac was changed. George Perna explained that the Board could not call for a modification on a Special Permit, only on a subdivision. Christian Huntress stated that under M.G.L. the Board cannot condition fire sprinklers, but could consider the issue of public safety. With that in mind the length of the cul-de-sac is too long and cannot' be the serviced properly and safely with adequate fire protection. A motion was made by John Draper to close the public hearing. The motion was seconded by Richard Rowen and voted unanimously by those present. John Nolan gave the Board copies of an agreement. At this time the Board established a bond. Joseph Mahoney had questions on #5 of the Memorandum of Agreement. Specifically the following: "Erosion and sedimentation control, for which bonds have been posted, is the specific concern of the Board. As long as this work is being performed satisfactorily, then the Planning Board or staff shall all Elm to proceed with construction Public Hearings North Andover Estates - Bond North Andover Estates - Definitive Subdivision A motion was made by John Draper to approve the construction of a sewer from the Colonnade to the pump station at Rays Pond as drafted and amended. The motion was seconded by Richard Nardella and voted unanimously by those present. activity on Phase 2, waiving~the provisions of Item 25 of the Special Permit." He stated that it was not sedimentation control that led to the imposing of this condition, it was a fear of the developer going "belly up", especially in this economic climate. Richard Rowen stated that if the developer was selling the homes, he could proceed with the development. Richard Nardella cited another development that was approved with similar restrictions. The developer moved forward after the restrictions were met and the sales were there for the completion of the development. Richard Nardella stated that he did not feel it was restrictive, it was having more control. The Board did not want tosee homes built on speculation. Christian Huntress stated that he has spoken to'John .Nolan and Ernie Gralia on the Board's position of not inhibiting the developers if their building a good product. John Nolan expressed his concerns with the change in staff, while the Board expressed their concerns with the change in a developer, should the present developers sell. Some of the Board members expressed concerns with Purchase and Sales Agreements between Elm Service and Toll. Richard Nardella asked that the Memorandum of Agreement be recorded and run with the property. John Simons expressed concerns with changing the subdivision approval and not the special permit. By changing the wording in the subdivision approval to go along with the Memorandum of Agreement makes a conflict in the special permit approval. Richard Nardella asked that clarification be made on what special permit and occupancy mean, running with the land. Christian Huntress was asked to re-write the agreement and have George Perna and Joseph Mahoney review. George Perna had questions on auxiliary power in Condition #3 of the agreement. Christian Huntress stated that D.P.W. requires back-up power, as well as the Fire Chief. John Nolan will speak to Bill Hmurciak. Ernie Gralia was not sure if back-up power was required for the domestic use of water. George Perna stated that the bond being established was for erosion control only, not for the roadway. In Condition #4, John Draper asked that it be noted that the bonding was for Phase I. A motion was made by Richard Rowen to approve the bond subject to staff reviewing. The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by Joseph Mahoney to accept the Memorandum, authorizing George Perna to sign for the Board, with the changes that were discussed. George Perna and Joseph Mahoney will review. The motion was seconded by Richard Rowen. Those.voting in-favor were Joseph Mahoney, Richard Rowen, Richard Nardella, John Draper and George Perna. John simons opposed. Staff was directed to develop a bond to handle situations not covered under the Rules and Regulation Governing the Subdivision of Land. A mo~ion was so made by John Draper and seconded by Richard Nardella. The vote was unanimous. A motion was made by Richard Nardella to take no action on the North Andover Estates Subdivision Modification. The motion was seconded byJoseph Mahoney. Voting in-favor were Joseph Mahoney, Richard Nardella, Richard Rowen, John Draper and George Perna. Opposed was John Simons. John Nolan thanked Paul Hedstrom for encouraging him to work with the Board, and not challenge the modification. 1750 Great pond Road - Special Permit Watershed District John Simons read a letter from christian Huntress to Phil Christiansen'regarding the Boards concerns. The Chairman asked Mr. Christiansen to address each of the items. Ail run-off within '250' of Lake Cochichewick should be contained either through overland flow, or a leachpit system. Impervious pavement to be used. Curbing and sloping along the driveway will be done to keep the water from draining.toward the lake. The alignment of the proposed drive should provide for minimum impact to natural topography and existing vegetation. The Planning Board has requested that you provide a leachpit or some other alternative which may accommodate the anticipated runoff. The driveway has been pulled back neighbors property. The slope of increased to 12 percent. 30 feet from the the driveway has In all areas possible any existing vegetative buffer to abutting properties should be maintained. This may necessitate minor relocation of the proposed driveway. Addressed in the second concern. The proposed off street parking shown on the plans appears to be acceptable. However, the Planning Board would require that this area be paved and properly drained. The parking area will be paved and properly drained. 5. The proposed drive shall be paved for its entire length. The driveway will be paved in its entire length. The Board has asked for a cross section detail of the proposed retaining walls. Further, the proposed outlet structures located at the base of the wall should be accompanied by either a sedimentation basin or level spreader. The Board was shown plans for the proposed retaining walls. John Simons asked that cutting be kept to a minimum and that a no- cut line be established and put on the plans. A condition will be placed in the decision relating to reforestation within 325' of the lake. A motion was made by Richard Nardella to close the public hearing. The motion was seconded by Joseph Mahoney and voted unanimously by those present. A motion was made by Richard Nardella to approve the draft decision as noted and amended. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Borden Chemical - Site Plan Review Christian Huntress, Town Planner, gave the Board copies of a draft decision as directed by them at the last meeting. Additional landscaping was added to the plans. A motion was made by John Draper to close the public hearing. The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by Richard Nardella to approve the draft decision for Borden Chemical. The motion was seconded by John Draper and voted unanimously by those present. White Birch Definitive Subdivision Special Permit - PRD The Board were given copies of draft decisions on White Birch Estates Definitive Subdivision and the Special Permit for a PRD. Definitive Subdivision Christian Huntress told the Board the basically before them were the standard set of conditions for a subdivision with the exception on Condition #15, which requires slope granite curbing. Sidewalks five foot wide are shown on the plans as recommended by D.P.W. PRD Condition 4b addresses the sidewalks. This condition will be stricken and a new condition will be added at the end to address the sidewalk location. John Draper asked why sidewalks were not put around the cul-de-sac. Christian Huntress stated that people would go out into the street at the end of the cul-de-sac. The consensus of the Board was not to have sidewalks at the end of thecul-de-sac. Condition 5 addresses fire, sprinklers. The width of the roadway will be 22 feet. John Draper asked about further development or future access to other property. There will be no regrading or septic systems with the first 50 feet. Plans have to be revised. The applicant has a variance for the 50 foot buffer once inside the property. The Planning Board has to waiver the 50 foot buffer even though the Zoning Board of Appeals has granted a variance. Any permanent signs will have to conform to Section 6 of the Zoning Bylaw. A permanent stop sign will be installed and well as a street sign. John Draper asked about tree cutting and if staff will be reviewing the property before any cutting is done. Bonds will be posted prior to the release of any lots. A covenant will be in place prior to the endorsement of the plans. There will be a not cut line, plans will be revised to reflect the no-cut line. A waiver will be granted on the location of the roadway. A motion was made by John Draper to waive the 50 foot buffer on the south side of the roadway. The motion was seconded by Joseph Mahoney and voted unanimously by those present. A motion was made by Joseph Mahoney to accept the Special Permit decision as written and revised. The motion was seconded by Richard Nardella and voted unanimously by those present. A motion was made by Joseph Mahoney to accept the draft decision on the definitive subdivision as written and revised. The motion was seconded by John Draper and voted unanimously by those present. Joseph Mahoney left the meeting. Sion Plans Campbell Forest Definitive Subdivision Lyons Way - Definitive Subdivision A motion was made by John Draper to endorse the plans for Campbell Forest and Lyon Way. The motion was seconded by Richard Nardella and voted unanimously bythose present. The Board signed both sets