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HomeMy WebLinkAbout1993-04-13Planning Board Ninutes April 13, 1993 A/V Room North &ndover High School The meeting was called to order at approximately 7:00 p.m. Members Present Richard Nardella, Chairman, John Simons, Vice-Chairman, Joseph Mahoney, Clerk, John Draper, Richard Rowen and George Perna, Associate Member. Also present were Karen H.P. Nelson, Director of Planning & Community Development and Kathleen Bradley, Town Planner. Plannina Board Recommendations Only= Article 7, Capitol Improvements Line 21 - Water Main Rehab. William Hmurciak, D.P.W., gave a presentation of the warrant articles from the Division of Public Works. Line item 21 is a continuation of an on-going program. Water lines are being replaced on certain streets within the Town. All Town funds are being used as there are no grant funds available for water mains. Mr. Draper questioned the need for $37,000 for police protection. Line 22 - water Main - Rehab. Enqineerinq Fiscal '95 project - fund engineering for water line rehabilitation. Line 23 - Phase III Sewer Project Line 24 - Sewer System Improvements This program is designed to take ground water out of sewer. Mr. Simons asked when would the $500,000 be paid back in benefits. Line 26 - Road Improvement Proqram Filling pot holes, sidewalks from French Farm along Route 125 to Osgood Street - $100,000 Mr. Simons asked for more information as to what the money would be used for in order to make a decision. Ms. Bradley and Ms. Nelson questioned as to whether the Planning Board needed to make a recommendation on this. Town Counsel will be questioned. Mr. Rowen wants list of roads to be improved for this upcoming year in order to make an informed decision. Line 31 - Bonny Lane Bewer Improvements There are high nutrient levels entering lake from this lane. Deed restrictions on fertilizer amounts. Money to put sewer system in. - betterment assessment On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to recommend favorable action on Article 7, Line Item 21, 22, 23, 24 and 31. On Line Item 26, the Board needed more information and will discuss at their April 20th meeting. Road &cceDtances - Holly Ridq- (Petition of John McGarry & Others) There are no out standing issues with the Division of Public Works. Mr. Henry Fink spoke to the Board on the heavy trucks Andover Estates. He wanted the Board to hold off recommendation until North Andover Estates was finished. in North on their North Andover Estates are not to be using Holly Ridge. Ms. Bradley to check the Order of Conditions. On a motion by Mr. Draper, seconded by Mr. Rowen the Board voted to recommend favorable action on this article. Road Acceptance -Tiffany Lane (Petition of Peter G. Shaheen & Others) Punch List of two out standing items from D.P.W. The Board will make their recommendations at Town Meeting. Road Acceptance - Brewster Street (Petition of William F. Gennarelli & Others) Brewster Street has only a binder coat on the roadway. D.P.W. recommended not to accept the street at this time. It is not on their list of priorities. On a motion by Mr. Simons, seconded by Mr. Rowen the Board voted to recommend unfavorable action on this article. Road Acceptance - Bonny Lane (Petition of Planning Board) There are no outstanding issues or problems on Bonny Lane. On a motion by Mr. Draper, seconded by Mr. Rowen the Board voted to recommend favorable action on this article. Road Acceptance - Jetvood Btreet {Petition of Dann R. Nocolos~ & Others D.P.W. stating that Jetwood Street is not up to Town standards, with insufficient width and grade. On motion by Mr. Draper, seconded by Mr. Rowen the Board voted to recommend unfavorable action on this article. Road Acceptance - Enqlish Circle {Petition of Brian Lawlor & Others There is bond money being held for this subdivision. Trees may be the only issue. D.P.W. to check into what needs to be done. The Board will not accept until all items are complete. A recommendation will be made at Town Meeting. Road Acceptance - Phillips Common {Petition of Brian Lawlor & Others) D.P.W. stated that this street would not be ready for acceptance by Town Meeting. On a motion by Mr. Draper, seconded by Mr. Rowen the Board voted to recommend unfavorable action on this article. Road Accentance - Hawkins Lane {Petition of Planninq Board) There are no outstanding issue with D.P.W. On a motion by Mr. Draper, seconded by Mr. Rowen the Board voted to recommend favorable action on this article. Road Acceptance - Woodchuck Lane (Petition of Plannino Board) D.P.W. had no issues on the roadway. On a motion by Mr. Draper, seconded by Mr. Rowen the Board voted to recommend favorable action on this article. Road AccePtance - English Circle {Petition of Brian Lawlor & Others Jane Richard, 25 English Circle, had issues she wanted addressed. Street trees Shoulder on roadway not completed Dry sewer line leaking water D.P.W. to look into these issues and report back to the Planning Board at their April 20, 1993 meeting. The Board will make their recommendation at Town Meeting. Publio Hearinqe Rezone R-2 to I-1 - Parcel 75 & 80 Assessors's Map 25 (Petition of Planninq Board) Mr. Mahoney read the legal notice to open the public hearing. This is the same article presented before the Town Meeting last year. Covenants will be in place for height, noise' etc. Neighbors would like copies of covenants to review. Mr. Simons stated that this item was not going away. The developer is willing to work with the neighbors and the neighbors should take this as a benefit. Mr. Nardella has spoken with Mr. DeNitto, a resident of Marian Drive, about this issue. He is still opposed. Mr. Nardella excused himself from the meeting. Mr. Simons took over as Acting Chairman. Mr. Peter Novello, Marian Drive, stated that since last year, other neighbors now oppose the rezoning. Mr. Novello further stated that he may not support this article at Town Meeting. A consensus among the neighbors is needed. The Board will hold a workshop meeting on Wednesday, April 20th at 7:30 p.m. at D.P.W. to discuss this issue. A letter will be set to Town Counsel with the following questions on the covenant: questions as to whether covenant is enforceable Need to review covenant prior to Town Meeting Discussion of options of what can be done under current zoning. A meeting will be set up. Need to coordinate with Mr. DeNitto. On a motion by Mr. Rowen, seconded by Mr. Perna, the Board voted to continue the public hearing to April 20, 1993. Rezone Parcels 219 throuqh ZZ5 Assessors Map 106A CPetition of Robert Janusz & Others Chan~e R-1 to One Acre except Watershed District CPetition of Robert Janusz) Mr. Mahoney read both legal notices to open the public hearings. Mr. Mahoney also read a memo from Richard Doucette, Conservation Administrator. Mr. Robert Janusz spoke to the Board on Parcels 219 through 225. There are approximately 14 acres involved. There are no wetland crossings. Mr. Janusz expressed his opinion on the economics and that one acre zoning should be required, not two acres. Water lines have not been extended. need for fire response extension of town water Mr. Perna asked how many lots he could get under the current zoning. Mr. Janusz told him 6 to 7 lots could be developed. Ten lots could be developed if the requirement was one acre. Mr. Perna asked Mr. Janusz if the 3 lots were economical? Mr. Draper had concerns with town sewer. Mr. Thomas Lyons, Sugarcane Lane, asked which lot the roadway would come through on, if a subdivision were to de developed. Mr. Janusz stated that Lot 40 would be used. Elsie Pouliot, Boxford Street, commented on 10 septic system vs 7 septic systems. There is a need to protect the Ipswich Watershed District as well as the Towns. There are already a lot of septic systems in the town as well as private wells. There is no official count but she was aware of approximately 70 to 80 wells. Maintenance of septic systems was up to the home owners, but there is no control. There is a need to address the effect of development on the sensitive ecosystem of this area. Two acre zoning will minimize the impact. There would be problems with water levels and with clear cutting. Mr. Simons gave an overview of the Balance Growth Plan. Basically the plan called for low density of housing because there was no sewer. The topography supported the 2 acre zoning. Mr. Rowen questioned spot zoning. On a motion by Mr. Rowen, seconded by Mr. Draper the Board closed the public hearing on the rezoning of Parcels 219 through 225 and recommended unfavorable action on this article. The Board wanted to be consistent with the Balanced Growth Plan. On a motion by Mr. Rowen, seconded by Mr. Draper the Board voted to close the public hearing on the article to Rezone R-1 from two acre to one acre zoning with the exception of the Watershed District and recommend unfavorable action on this article. Recommendations Only Acceptance of Land Entitled Phillins Common (Petition of Brian Lawlor & Others) Additional screening is needed. A question was raised as to whether the open space could be accepted where the street was not. The Phillips Common decision states that the open space be accepted the same time as the street. On a motion by Mr. Perna, seconded by Mr. Mahoney the Board voted to recommend favorable action on this article as long as it could be done. Staff to review and discuss at their April 20th meeting. Richard Nardella returned at 9:30 p.m. Ao~uisition of Easement - Town Farm (Petition of Shawn Slattery & Others) Mr. Paul Quinn spoke to the Board. Mr. Mahoney made a motion to table the item to the next meeting. On a motion by Mr. Perna, seconded by Mr. Rowen the Board voted to give their recommendation at Town Meeting. Return Funds to First City Developmen~ (Petition of Conservation Commission) Mr. Paul Quinn, First City Development spoke to the Board. On a motion by Mr. Simons, seconded by Mr. Rowen the Board voted to recommend favorable action on this article. Accm/isition of Land - Sewer Easements - Winter Street/Bridle Path Lois H. Demers Stephen Boully Jose James S. & Margaret Walker Santo Messina & ~--e Messin~ L. Demers, J. Scully, F. Scully, S. Messina, A. Messina J. Scu11¥, F. SOU11¥, S. Scully, S. Messina, A. Messin~ J. & M. Walker Walker, Demers. Messina (Nine Artioles - Petition of Division of Public Work~ If easements are not granted, the Town must take by emminent domain. On a motion by Mr. Mahoney, seconded by Mr. Draper the Board to recommend favorable action on this article. Release Easement - Dale Stree~ (Petition of Michael Smolak & Others) Mr. Smolak to come before the next Board Meeting to discuss this article. On a motion by Mr. Draper, seconded by Mr. Rowen the Board voted to make their recommendation at Town Meeting. Acquisition of Land - Traffic Liqht Route 114 at rill Road/Willow Street - (Petition of Board of Selectmen) Ms. Nelson gave the Board an overview of the land taking for the proposed traffic lights. On a motion by Mr. Simons, seconded by Mr. Draper the Board voted to recommend favorable action on this article. Prohibition of Power BOatS on Lake Cochichewick (Petition of conservation Commission) D.P.W. needs a power boat for water testing. Mr. William Hmurciak, D.P.W. stated that there was a need to act to protect our water supply. The warrant article needs to be amended. The Board believes it should be rewritten. On a motion by Mr. Rowen, seconded by Mr. Draper the Board recommended unfavorable action on this article as written. · men~hnent to Wetlands Bylaw (Petition of Conservation Commission) The Board requested that Richard Doucette, Administrator be present to discuss this article. Conservation The Board will make their recommendations at Town Meeting. Wetland Protection Fund (Petition of Open Space Advisory Committee & Others) Richard Doucette, Conservation Administrator to give information as to the amount currently in the fund. Question raised: Can volunteer funds go into this fund? How do you create volunteer fund? On a motion by Mr. Mahoney, seconded by Mr. Draper the Board voted to recommend favorable action on this article. Amen~nent to General Bylaw - Gasoline Stations (Petition of E. Haffner Fournier & Others) On a motion by Mr. Rowen, seconded by Mr. Simons the Board voted to recommend favorable action on this article. ADDronriation to Pix Drainage Problnm~ - Wentworth Avenv~ (Petition of Paula M. Holland & Others) D.P.W. gave an overview of problems with this street. On a motion by Mr. Mahoney, seconded by Mr. Simons the Board voted to recommend unfavorable action on this article. Amend Section 8.5 Petition of Planning Board Mr. Simons spoke on the proposed article stating that Paragraph (6) C should not be deleted. The purpose of this was related to condominiums. .. Mr. Simons to rewrite this article before Town Meeting. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted to recommend favorable action on this article as amended. Delete Section 4.132, Paragraph (Petition of Planning Board) On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to recommend favorable action on this article. Delete 8eotlon 4.133, Paragraph (Petition of Plan-lng Board) On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to recommend favorable action on this article. Add Lan~l/aqe to 4.122, ParaaraDh 6b (Petition of Pla-~ing Board) On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to recommend favorable action on this article. Delete Section 2.22.1 (Repetitive of 2.37.1) .(Petition of Plann{nq Board) On a motion by Mr. Rowen, seconded by Mr. Mahoney the Board voted to recommend favorable action on this article. ReDlaoe Section 4.137 (Petition of Planning Board) Ms. Bradley stated that the Department of Environmental Management was reviewing the proposed language for accuacy. On a motion by Mr. Rowen, seconded by Mr. Mahoney the Board voted to recommend favorable action on this article subject to any changes the State mah have. Re91ace section 6.?° Para~ranh Petition of Planning Board On a motion by Mr. Rowen, seconded by Mr. Mahoney the Board voted to recommend favorable action on this article subject to Town Counsel review. The meetinq adjourned at appro×imat~l¥ 11:00 p.m. Richard Nardella, chairman