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HomeMy WebLinkAbout1993-08-31Planning Board Meeting Minutes August 31, 1993 Senior Center The meeting was called to order at 7:15 p.m. Members Present Richard Nardella, Chairman, Richard Rowen and John Daghlian, Associate Member. John Draper arrived at 7:30 p.m. and John Simons arrived at 7:45 p.m. Joseph Mahoney was absent. Also present was Kathleen Bradley, Town Planner. New Associate M~ber Mr. Nardella welcomed John Daghlian, Associate Member to the Planning Board. Disc Modioon - Site Plan Review Ugdate Mr. Martin Spagat had not arrived for the discussion. The item was tabled until he arrived. Ed~ewood Life Care - Request for Extension Ms. Bradley told the Board that in their packets for tonight's meeting there was a copy of a vote by the Trustees of Edgewood Life Care regarding payment in lieu of taxes. Mr. James Gordon, Town Manager is in support of this project and feels this resolution by the Trustees is sufficient. Ms. Bradley is to go over the draft extension provided by Attorney Clifford Elias, make comments and get back to the Board. Mr. Rowen had questions about extra use of Fire Department - any way to provide staff Fire Department. Attorney Elias told the Board the each apartment will have a buzzer system, manually operated, not automatically connected to the Fire Department. The Board wanted sprinklers as a requirement. Staff to speak to Chief Dolan to get comments on the sprinkler system. Coventry I - Updat. The Board was given a copy of a letter that was sent to the Shawmut Bank and discussed that letter. Staff to report to the Board at their next regular meeting. Legal action must be started by that date if payment has not been received. Waaon Wheels - Subdivision Extension - Sian Mr. Nardella does not want to reference Woodland Estates Plans in the extension, he will talk to staff about how he wants extension drafted. WhiPPOOrWill Park - Set Roadway Bond - Release Lots Ms. Bradley read a letter from William Hmurciak, D.P.W., recommending a bond be set for $26,000. The Board by consensUs set bond at $26,000 and released Lots 2 and 3. The Board signed the Lot Release but wanted it held until receipt of check. Mr. Draper arrived at 7:30 p.m. NEBWC Resolution The Board of Selectmen have asked the Planning Board to adopt a resolution to support a test burn at the NESWC facility to burn sludge. Mr. Simons arrived at 7:45 p.m. The Board reviewed the resolution. On a motion by Mr. Draper, seconded by Mr. Simons, the Board voted unanimously to support the resolution as follows: RESOLVED: In order to mitigate the presence of incineration in the Town of North Andover and to improve the quality of life for all of its citizens, especially those who have been adversely impacted by noxious odors from the Greater Lawrence Sanitary District and will be impacted by the on-site incineration of sludge, the North Andover Planning Board supports the co-incineration of the Sanitary District sludge at the NESWC/MRI Facility on Holt Road in North Andover. The North Andover Planning Board believe the off site disposal of Sanitary District sludge, at the NESWC/MRI Facility, will result in a more cost effective solution for the long-term disposal of sludge. The Board will support NESWC's endeavors to evaluate this alternative. The Planning Board's support of this alternative is subject to the MRI Facility complying with all EPA and DEP Clean Air Requirements, to the MRI Facility accepting only GLSD produced sludge, and further subject to the right of the Planning Board to withdraw their support if during the test burn there is any noticeable evidence of noxious odors, or if the Planning Board is not satisfied with the results of the test burn. Adopted by the North Andover Planning Board August 16, 1993 Hickor~ Hill Phase The Board wanted the right-of-way dedication easement for the entire roadway. Ms. Bradley to call Attorney Peter Caruso. The Board signed the Covenant. The Board endorsed the plans. Cobblestone Crossina - Modification Wall/Fence - Set Roadway Bond - Release Lots Wall/Fence Issue Ms. Bradley, Ms. Nelson and Mr. Laudani went to look at the perma- hedge at Merrimack College. The consensus was that the perma hedge was not aesthetically pleasing. There is a maintenance issue of chain link fence. Mr. Laudani told the Board that perma hedge did not look great on a closer look. He told the Board that he has spoken to David Lanzoni of the "99" Restaurant and his attorney. Fourteen foot spruce trees and ten foot white pines will be planted within the next few weeks. After plantings done, Staff and/or the Board will look at the fence versus the wall issue. The Board still in favor of the wall, but will look at the site after planting has taken place. Endorsement of Plan~ Ail items in modification prior to endorsement have been met. Condition b is moot because a bond was posted., no covenant necessary. Mr. Rowen read a letter from D.P.W. with a bond recommendation of $79,000 for work remaining to be done on the site. The Planning Board would like a workshop on the best way to protect open space in a subdivision. The Board will review Town Counsel's opinion that was rendered on this subject a few years ago. There was a discussion as to whether $10,000 being held as performance bond and $5,000 for model should be rolled over. On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to release $15,000. The Board set the bond at $79,000, as recommended by D.P.W. The Board signed the lot releases for Lots 2-16. Documents to be held in escrow until check received. Mo4icon - Site Plan Review Update Mr. Nardella stated that a letter was sent on August 18, 1993. Ms. Bradley gave the Board an overview of the memo with an update on the issues. There will be a special meeting on September 8, 1993 to discuss the items to take action if all items not completed. Mr. Daniel Schevis, Brickstone Properties, was present. Mr. Schevis told the Board that additional testing has been completed on the piles, reviewed by DEP, initial approval has been given. Mr. Schevis stated that a contract has been signed with a facility to remove the material. Martin Spagat, Brickstone Properties, told the Board that he has met with the people of Sutton Pond today to discuss access. He hopes by the end of the week to deliver documents as to how easement can be delineated. He will not be able to be at the September $ meeting. Mr. Nardella asked if the legally existing right-of-way was encumbered. Mr. Schevis said that the retaining wall was removed where it encroaches on the easement. Sidewalk, curb and pavement are still on the easement. Mr. Ernest Gralia, III, Sutton Pond Realty Trust, told the Board that 21 units have been reserved at the Sutton Pond Condominium Complex. Open house is planned in September. He would like to have a decision on the easement within the next few days. Mr. Gralia told the Board that the program has been worked out to review option 1 as preferred. He would like to start work on it. Mr. Nardella has met with Mr. Spagat, Mr. Gralia, Ms. Nelson and Mr. Perna. There are three easements to review. There are three easements shown on the plans. Option 2 and 3 are similar to proposed and existing easements. Option 1 goes around the edge of the parking lot. Mr. Nardella stated that he was encouraged that progress was being made. If physical barriers are required by the Planning Board along the existing legal easement,, it will effectively shut loading docks down. Mr. Gralia told the Board that option 2 and 3 were better for Sutton Pond. Mr. Nardella felt that there was movement toward a resolution, but at what point would final resolution be agreed to. Mr. Gralia told the Board that documents could be signed and prepared by next Wednesday. Mr. Spagat said he would grant all three easements now. Sutton Pond can use current easement now to see how it works, if it doesn't work, option 1 could be used. Mr. Gralia would prefer to construct Option 1 now and be finished with it. The existing 32 feet has been agreed to. A letter will be provided to the Board from Mr. Spagat to Mr. Gralia stating that they can continue to use the 32 foot easement. Mr. Nardella stated that the Board wants this built by the end of the year. Mr. Draper said he has heard that it takes a long time to get partners to agree. If it does not happen, jersey barriers will be put up. Ms. Phyllis Zimmerman, High Street, would like to have her attorney review the plan. Mr. Nardella told her once the Board is presented with a final right-of-way, the Board will review. Ms. Zimmerman told the Board that safety measures should be taken to protect neighbors/kids from easements. A meeting will be set up for September 15, 1993 with the understanding that the easement will be done on that night. Publio Hearing~ ~arbleridge Road - Lot A-l, Lot B-l, Lot C-1 - Special Permit Watershed Protection Distrio~ Mr. Rowen read the legal notices to open the public hearings. Ms. Bradley asked the applicant to reconfigure the house design to pull them out of the non-disturbance zone. Mr. Michael Rosati, Marchionda Associates, was present. The Board discussed the change in the lot lines. The Board questioned whether Lot C-1 was a buildable lot because of wetlands along the front. Mr. David Kindred, Flintlock, Inc., told the Board if Lot C-1 was a lot by itself, it would be able to fill wetland to access lot. Staff, Planning Board, Conservation Commission and Building Inspector to discuss accessibility and buildability of the lot. Driveway to Lot C-1 across Lot A-1 easement. Sewer will run through this easement. Lot A-1 Lot B-1 construction within the watershed driveways will be gravel. 1. extend existing gravel driveway 2. 50' buffer to wetland~with grading. Lot C-1 1. need a Zoning Board of Appeals variance to build house which has been requested Received Order of Condition from the Conservation Commission Leaching pits from roof drains for two new houses. Mr. Simons asked why not have a common driveway. Mr. Rosati answered that the existing homeowner did not want a common driveway. Joseph Cavelaro, abutter on Marbleridge Road and Salem Street, stated that water flows from Sutton Hill through an underground pipe. He wanted to know if this would effect the flow of water across the land. He stated that there was a problem with the build up of water. Mr. Draper asked Ms. Bradley to ask D.P.W. if there have been any problems with roadway water build up. Mr. Kindred stated that he was not creating any new crossings over the wetlands. Mr. Simons stated that there would be more grading with two driveways. He wanted to know who would enforce the gravel driveway. The house in the Watershed District is within 100' of a wetland. He does not feel as though a variance should be granted on this site. Mr. Rosati said that without a variance, Lot C-1 becomes an unbuildable lot. The Board would want to review the design of the leach pit. Mr. Rosati said that the water table is within 1 foot of ground leach pit and house raised to compensate. Cellar will be at grade at rear of house. Issues to be addressed: 1. Is C-1 a proper buildable, accessible lot? The houses would tie into existing sewer with gravity feed. 2. Any D.P.W. issues on this site with sewer tie in? Mr. Draper would like a gravel driveway, and asked if any drains for oil would be needed. Need to get a written certificate regarding water quality/quantity. A site visit in two Saturdays, September 11, 1993, at 8:00 a.m.. The applicant is to stake out the driveways. House locations are already staked. Mr. Rosati told the Board that a permeable driveway would not make a difference because water table is so high. The developer needs to provide information as to nitrogen levels. On a motion by Mr. Draper, seconded by Mr. Simons, the Board voted to continue the public hearing to September 21, 1993. 115 Bonny Lane - SDeoial Permit - Watershed Protection Distrioe Mr. Rowen read the legal notice to open the public hearing. Domenic Terranova, Attorney, told the Board that the house has been on the site for more than 10 years. The owners want to enlarge the master bedroom suite. The total addition is less than 10%. The porch will be enclosed. The existing porch is presently open. A roof will be put over it and the stairway will be moved slightly. A hip roof over porch with a better foundation. Will add gutters and spouts to a dry well. Mr. Simons asked if there would be any additional bathrooms. The answer was "no". Excavation for the addition needs to be added on the plan. fertilizer limits in the decision. Put Will need limit of work shown and silt fences/hay bales. On a motion be Mr. Rowen, seconded by Mr. Draper, the Board voted to continue the public hearing to September 21, 1993. Mr. Nardella asked when the sewer was going to go in. Staff to ask D.P.W. Mr. Rowen will draft decision, Ms. Bradley will give him a draft. Coventry II - Modification Attorney Willis brought final signed documents but still missing mylar with conditions. A fee sample deed to inhabitants of North Andover can put a restriction on it with conservation restrictions. Attorney Willis questioned whether the Board wanted to abandon roadway completely. 1. Deed lot to Town 2. Deed fee in roadway to Town. Board wants to keep roadway on plan. Ms. Bradley to discuss with Richard Doucette, Conservation Administrator, what restrictions should be placed on it to connect with Town Farm. The item will be discussed further on September 21, 1993. LOt $ & 4 Boxford Street - Special Permit - Common Driveway Mr. Michael Rosati, Marchionda & Associates, was present. Issue of site distance and width of driveway at entrance was discussed at the last meeting. Information was provided to the Board stating that site distance is adequate with 18' wide at entrance tapered to 12'. A condition of no future access to Lot 3 from the driveway will be placed in the decision. The Board wants to review the vote to allow Planning Staff to sign Form A Plans to create new lots. Staff needs to review requirements of access with Town Counsel because Lot 3 has wetlands across the front. Lot 3 has a driveway, approximately 1,000 feet long. Mr Simons asked if all Conservation Commission and Board of Health requirements been met. Mr. Rosati answered "yes". On a motion by Mr. Rowen, seconded by Mr. Simons the Board voted to close the public hearing. A decision will be discussed at the next meeting. Lawrence MuniciPal Airport - site plan Review Bill Galman, Merrimack Group was present. Airport tower is closed at night. There was a discussion of requirements of the Fire Department. Project cannot install sprinklers because there is no water. No heat is provided to the hanger. No other hangers at the airport have sprinklers systems. The Board was given a draft decision. After reviewing the decision, the Board had the following comments: Mr. Draper - delete 3(b)(i)(ii)(iii), keep 3(b)(iv) Mr. Rowen - delete 3(b) Mr. Daghlian - alarm system installed Mr. Draper smoke detection - conform to applicable state regulations On a motion by Mr. Draper, seconded by Mr. Simons, the Board voted to close the public hearing. On a motion by Mr. Draper, seconded by Mr. Rowen the board voted to approve ~he site plan decision as written and modified by deleting specific requirements of the Fire Department and adding that applicable state regulations be met. seven Oaks - Sttbdivision Modification Ms. Bradley read a letter from Town Counsel stating that property is not grandfathered and that it is 2 acre zoning. The Board requests that the applicant withdraw the modification. Applicant needs to review a conventional subdivision plan with 2 acre lots to look at a PRD and withdraw subdivision. On a motion by Mr. Rowen, seconded by Mr. Draper, the Board voted to continue the public hearing to September 21, 1993. Minutes Au,ust ~7. 1993 On a motion by Mr. Rowen, seconded by Mr. Draper, the Board voted to approve the minutes of August 17, 1993 as written. Adjournment The meeting adjourned at approximately 11:40 p.m. Richard Nardella, Chairman