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HomeMy WebLinkAbout1993-08-17Planning Board Meeting Minutes August 17, 1993 Senior Center The meeting was called to order at approximately 7:15 p.m. Members Present Richard Nardella, Chairman, Joseph Mahoney, Clerk, and Richard Rowen. Also present were Kathleen Bradley, Town Planner and Karen Nelson, Director of Planning & Community Development. Discussions North Andover Estates - Entrance Siqn Updat~ The Board was given an update on the entrance sign. The Board agreed to allow the sign during marketing only. Lighting to be removed after last house is sold. In the future the Board may not allow entrance structures in town. The Board asked that the sign not be built into the wall. They wanted the sign attached to the wall so that it could be taken down once the last house is sold as stated in the Zoning Bylaw. A letter will be sent to the Project Manager, Tom Frangos Ed~ewoo~ Life Care - Update Mr. Mahoney expressed concerns that Life Care may not get built and wants to work towards obtaining financing for the Town to purchase the property. He felt that an extension for the period for construction should be extended. Mr. Mahoney asked that Richard Doucette get involved with regards to the open space. Mr. Rowen said that the payment in lieu of tax agreement between the Town and the Life Care Center needs to be in place prior to the extension being granted. He felt that an extension should be granted with the addition of on site fire facilities. Staff to discuss this with Chief Dolan, Fire Chief. The consensus of the Board was to extend the permit with some added conditions. North Cross - Update Ms. Bradley told the Board that the bond was enforced, the bank taken over by the FDIC, new bank took over funds, the developer now in bankruptcy.. The bond is $112,000 plus interest held by the Town. Court date set in the fall for bankruptcy. D.P.W. needs'to attach dollar amounts to items on the punch list. Cuscia and Levis were the developers of North Cross. Update on September 21 meeting. Steve Stathopoulas, 52 North Cross, told the Board that the neighborhood will get involved. They would like input in prioritizing the list to get the road accepted. ~r. Stathopoulas asked if the amount cover North Cross, South Cross and Rea Street or all. The response was the money is for all work. Mr. Stathopoulas noted that there is a requirement on the punch list to pave Rea Street, he wanted to know what part? The response was only the part of Rea Street in the subdivision, not the entire street. Staff to talk to Bill Hmurciak, D.P.W., as to priority of items. Jim Mello, 7 South Cross prospective purchaser asked who would have to pay if the bond was not recovered. Ms. Nelson responded that Town Counsel has stated that release of money will be given but it will take time. Mr. Nardella said that the Town would not step in to bring the road up to standards, it would remain a private street. D.P.W. has stated that enough money is being held to cover these items. Coventr~ ! - Up,ate Ms. Nelson gave the Board an update. Mr. Nardella wants action on the outstanding electric bill. It was the consensus of the Board to give the owners of the development 5 days to pay the electric bill or else counsel will file suit to get bond money. The Board will be updated at the next meeting. A copy of a letter to be sent to the owners of the subdivision will be provided to the Board members. Tiffany Lane - Bond Enforcement On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to send a letter to the developer stating that the Board votes to pull the bond and will sue them for the remaining amount. Mr. Nardella voted. D.P.W. to put together a rough cost estimate to finish the construction. D.P.W. to act to complete the street in time for acceptance at 1994 Town Meeting. Wa=onWheels Estates - Extension of Subdivision Approval Robert C. Buckley, Riemer & Braunstein, was present representing Lawrence Savings Bank. Ms. Bradley read a letter from Mr. Buckley agreeing to additional requirements of constructing a sidewalk and building a roadway connection to Woodland Estates. Mr. Buckley requested a two (2) year extension. The question was raised as to how the sidewalks would be reflected in the files. The response was that a plan be created with sidewalks and approved by the staff to keep in the files. The developer was asked to come before the Board for a minor modification when the sidewalk plan is completed. On a motion made by Mr. Rowen, seconded by Mr. Mahoney, to Board voted to extend the subdivision approval for one (1) year to August 29, 1994 with conditions. Mr. Nardella voted. Woodland Estates to come back for a minor modification to eliminate requirement to build connection to Wagon Wheels. Modioon - Entrance Easement Ms. Bradley read a memo to the Board regarding site visit and outstanding issues on site. The following items were listed: Trucks, cars, construction debris in right of way to Sutton Pond site - access must be clearly delineated. Piles of dirt stored on site - all non-DEP piles must be removed, no approval ever given from any Town Department to store construction debris on site. Additional testing must be completed on DEP dirt piles so that they can be hauled away. Piles of concrete must be removed - no approval ever given from any Town department to store concrete debris on site. Screening of dirt piles occurring on site in violation of zoning. e No fence around dirt piles - fence needs to be installed and maintained around the dirt piles to keep children/residents/employees form them. 7. Piles of dirt are all uncovered - need to be covered! 8. No fence around the detention pond construction - dangerous to employees who might fall into pond. 0 10. 11. Parking lot must be swept on a regular basis - very dusty, cannot see white lines delineating spaces. Construction debris in landscaped area between buildings- dumpster must be emptied. Site cleaned up in general. Fence along construction in area between the buildings going into the cafeteria must be fixed and maintained to keep employees out of the construction site. A letter to North Andover Mills Realty stating that all items must be taken care of within ten (10) days primarily right of way for Sutton Pond must be clearly delineated (either legally existing or proposed right of way as shown on Sutton Pond) with jersey barriers. Modicon has not yet agreed on a right of way. Delineate proposed easement as shown on proposed right of way referenced in Sutton Pond decision and orally agreed to by Modicon. If action is not taken, the Planning Board may reopen the public hearing. Phyllis Zimmerman, High Street, asked where the encumbered right of way was. The response was along the loading dock. Mr. Nardella said that there were actually three (3) different right of ways proposed. Ms. Zimmerman told the Board that the neighbors would prefer right of way to go where proposed right of way is shown, given the three options. George Perna stated that Mr. Kenneth Mahoney has been hired by the developers to review the Sutton Street Extension. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to direct staff to write a letter to the owner requesting the following: delineation of right of way correct items on list Planning Board will reopen the special permit corrected by 10 days from receipt of letter. if not Mr. Nardella also voted. Further discussion will be at the August 31, 1993 meeting. Cobblestone Crossing - Modification to Fence and Cul-de-ss~ Thomas Laudani, developer, went over the subdivision plan. 1. 3' to 4' stone wall along '99" boundary was required by the Planning Board in its approval. e Now that clearing has occurred, there is a need for additional screening. 3e The cost to build a stone wall would be $26,000. The developer would like to take that amount of money and put it towards creating some other barriers. e 5. 6. 7. 8. 6' green vinyl coated fence with perma hedge. 40 to 50 spruce trees - 12' to 14' tall Create a more permanent barrier need screening along '99' boundary rock wall sitting on top of berm approximately 6' high - total was originally proposed. Staff expressed concerns regarding maintenance of perma hedge. Mr. Laudani said that the homeowner's association will maintain the perma hedge; will enhance both the subdivision and Route 125 to block views. Mr. Nardella told the developer that the Board wanted the wall on top of the berm because it was maintenance free and kept out people as well as headlights. Mr. Laudani told the Board that the majority of cost is for vegetation. Material similar to an artificial christmas tree, woven through the fence. Without the perma hedge, chain link fence would be transparent. Mr. Mahoney was against any change in proposal, artificial hedge was ugly. Mr. Laudani mentioned potential problems in the future with residents of subdivision. Mr. Steve Stapinski, Engineer, suggested that the Board go to Merrimack College to view the perma hedge on the tennis courts. Mr. Nardella said that the Board of Appeals wanted a berm and denied the fence for the '99' Restaurant. Mr. Dave Lanzoni, '99' Restaurant, expressed concerns with the following: e Se aesthetic view $52,000 worth of trees behind the '99' restaurant - maintain trees as part of the site plan review and the Zoning Board of Appeals decision. Never notified as an abutter on the proposed project against a chain link fence but concerned about the safety of children from subdivision from entering the '99' parking lot. Would prefer a stone wall. Mr. Nardella asked that Mr. Laudani talk to Mr. Lanzoni as to barriers. Mr. Laudani would like to modify cul-de-sac to add an island. Currently have 100' of pavement. Propose a 30' island in the middle with plantings. The Board is supportive of an island, the developer to work with D.P.W. and Planning Board Staff. Letter in file agreeing to island in cul-de-sac detailed island description with plantings. Public Hea~inqs Lot 3 and Lot 4 Boxford Street - S~ecial Pe~it - Con.on Driveway Mr. Mahoney read the legal notice to open the public hearing. The public hearing was opened with a brief discussion. No quorum - continued to the next meeting. Michael Rosati, Marchionda & Associates, presented the plan. Staff in support due to large area of wetlands. A 12' driveway is proposed. provided. A turnaround for fire access is Mr. Rowen asked if there were any future plans for the back lot. A question was raised as to whether any property would be donated to the Town as open space. The response was not at this time. Staff to check with the fire department as to size and location of the turnaround. The driveways need to be an adequate distance apart. Requirements of stone bollard at fork of driveways will be added to the decision. Maintenance and snow plowing must be agreed upon as part of the easement. A resident of Stonecleave Road expressed concerns with traffic on the road and lack of site distance for driveway. Mr. Rosati needs to address the site distance issue and have it resolved by the next meeting. A larger radius may be provided at the driveway entrance. D.P.W. issues driveway opening permits, they will address these issues at that time. Mr. Robert Pouliot, abutter, asked if there were any restrictions on the number of homes on a common driveway. Mr. Nardella told him there was a limit of two homes per common driveway. on a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to continue the public hearing to August 31, 1993. Mr. Nardella also voted. Lawrence &irmort Hanger - site Plan Review Mr. Mahoney read the legal notice to open the public hearing. There was no quorum so only a brief discussion of the issues took place. Mr. Steve Stapinski, engineer, gave the Board members a brief overview of the proposed. 1. 2. e 7. 8. 9. The hanger will accommodate 8 planes. The hangers will be made of steel, prefab, similar to what exists. No water or sewer. Power will be provided. Scrub vegetation will be removed, but not the woods in between. Drainage - added a pair of catch basins No drains inside, sloping concrete No lighting added. Tapered steel roof. The Board should schedule a site visit. Mr. Dan Florence, proponent, gave the Board the following information: 2. 3. 4. No maintenance at hanger, or around hanger. Provide a copy of lease agreement Limit of operation Hanger is used as a garage for planes only, similar to a garage for cars. Limits to hours of operation will be added to the decision. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to continue the public hearing to August 31, 1993. Mr. Nardella also voted. Seven Oaks - Definitive Subdivision Mr. Mahoney read the legal notice to open the public hearing. There is a grandfathering issue. Attorney Caffrey said that the Board approved the plan and then mylar was submitted to the Board; mylar was never signed. ~. ~y %Old the other Board members that grandfathering was h~ ~ m%~aission of subdivision, therefore one acre zoning was vax i,~. Mr. Nardella stated that because two years has past without any construction, no Subdivision approval exiSts. Staff to ask counsel as to grandfathering of site, Phil Christiansen, Christian & Sergi, stated that the proposal was an extension of Sugarcane Lane. He gave a history of Seven Oaks and the Miller Property. Mr. Nardella asked if there was any way to connect up with another roadway. He did not want to have isolated dead-end streets. The subdivision was designed with leaching basins - catch basins to leaching field. There are three possible connections out to roadway. All are steep slopes and within the wetlands. Mr. Mahoney said he was not concerned with the long cul-de-sacs. Mr. Rowen stated that this cul-de-sac was approximately 1,500 ft. therefore not too long as cul-de-sacs go. The Board asked if there would be a looped water main to Forest Street. The answer was that no connection could be made across the wetlands. The Board asked if water mitigation would be into the sewer system. The applicant is to check with D.P.W. A site visit will be scheduled. Roadway stations will be staked prior to visit. D.P.W. to review the plans. Mr. Perna will be asked for any ideas. Mr. Doucette, Conservation Administrator, will be asked if he has any possible connections. Mr. Rob Hansler, abutter to Lot 8, asked who owned the property. SRW, Inc. took title to entire parcel with the understanding that it will be deeded back to Brickus when subdivision is approved. Mr. Hansler is concerned that land concerned that it will become wetter. into wetland will change. is wet in his back yard, The rate not volume of water On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to continue the public hearing to August 31, 1993. Mr. Nardella also voted. Endo se Plans Coventry IX Modification Documents not received, plans were not signed. Minutes August ~, 1993 On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to accept the minutes of August 3, 1993 Ad~our-~ent The meeting adjourned at approximately 10:25 p.m. ~tary Richard Nardella, Chairman