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HomeMy WebLinkAbout1993-10-05Plannlnq Minutes The meeting was called to order at approximately 7:10 p.m. John Daghlian, Richard Rowen, Joseph Mahoney. Richard Nardella arrived at 7:20. John Simons arrived at 7:45 p.m.. John Draper was absent. Also present were Kathleen Bradley Colwell, Town Planner and Karen Nelson, Director of Planning & Community Development. Carl Thomas Pl&¥arou~ A1 Perry, Booster Club,Chairman of the Field Committee was present and gave the Board the following information. e Problem with the number of fields in Town. The committee was created to look at space for fields in Town. North Andover Police held fund raiser this summer for Carl Thomas Playground. Money was raised for expansion. 200' baseball diamond in the upper playground area. fenced in dugout netting to keep balls out of street relocate playground equipment - would need to be new equipment. off street parking proposed Currently parking is on Dana Street - Issues of traffic and safety. New parking spaces me 2. 3. 4. 10 vehicles on left of Dana Street - Playground side 6 cars on left of Beverly Street 39 spaces in upper playground area 28 spaces off of Beverly Street Remove existing hut, dugout backstop - build new building with concession, storage Peter Kalifarski, an abutter, told the Board that bulldozers are on the playground now, neighbors want input. Ms. Nelson told the audience that the presentation tonight was for preliminary discussion with the Board only, not for a public discussion of the project. There was no specific formula for parking spaces with fields found in the Zoning Bylaw. Ms. Nelson stated that the Booster Club will go before the Planning Board for parking layout and the number of spaces, not for field layout and develogment. Mr. Rowen asked if the existing playground equipment to be removed was Town owned. The answer was "yes". Ms. Nelson stated that the next step is for the applicant to apply for Site Plan Review and go to the Technical Review Committee. John Salvastano, Selectmen, told the Board that the Board of Selectmen voted to allow them to construct the field and plant grass. Parking to be reviewed by the Planning Board. Mr. Nardella stated that the Recreation Department should make a presentation to the neighborhood. Mr Nardella suggested that Mr. Perry meet with the neighbors in the adjacent room. Butcher Boy Extension Ms. Colwell gave an overview of the permit history. Ninety percent of the sewer is constructed. Mr. Nardella asked how soon would other businesses be forced to tie into the sewer. Treadwell and Butcher Boy are currently tied into the sewer. Mr. Rowen moved to extend the completion date for two years. No one seconded the motion. Mr. John simons arrived at 7:45 p.m. On a motion by Mr. Rowen, seconded by Mr. Mahoney the Board voted to extend the Special Pe£mit for the construction of a detention pond within the Lake Cochichewick Watershed Protection District and the Special Permit/Site Plan Review for the construction of a one story facility for one year. Thus their new expiration date is October 17, 1994. If construction of the building has substantially commenced, there is no need to come back to the Board next year, except for an informal update. Brickstone Properties Mr. Nardella told the Board that a "Stop Work Order" was issued on Friday. Subcontractors hired by Modicon were working on the interior are continuing to work, agreement has been signed but the amount of money to be paid is in controversy. The Planning Board is now out of the discussions, stop work order will be removed when a signed deal is presented to the Planning Board. Mr. Rowen asked if Brickstone was shut down, what about the piles of di~t. Mr. Nardella told him that the piles will still be removed. Mr. Rowen asked when will the bridge be one-way from Main Street, signs need to be put up. Mr. Nolan told the Board that the stone building will be gifted to the Town on November 1, 1993 with a lease. Mr. Nardella stated that Mr. Nolan carried through on his offer to lease the building, he commended him for his efforts. North Mr. Mahoney read a letter from Ernest Gralia requesting a bond release for Phase I and setting a bond for Phase II with lot release. A letter was read from D.P.W. recommending release and setting of new bond. Mr. Nardella stated that $66,000 for erosion control was set up initially, this could either be released with Phase I or rolled over to Phase II. Mr. Simons asked if the issues of guard rails and slopes were taken into consideration in the bond. Ms. Colwell stated that D.P.W. has been out to the site, anticipates that issues have been taken into consideration in setting bond. Ms. Nelson gave the Board an update on the site. Ms. Colwell and Ms. Nelson went to the site this morning, roadway area stabilized, but individual lots not stabilized. Mr. Nolan told the Board that lawns have begun to be stabilized with seeding, Mr. Rowen stated that 1 to 1 slope failed in the fall, concerned that slopes behind the houses are failing and are not at a safe slope, cannot allow those lots to be sold with those problems. Mr. Nolan statedthat Tom Neve has been hired to address slopes behind the houses. Mr. Rowen asked if less steep slopes are needed, Board will work with developer to modify permit. Mr. Simons did not support this project to begin with, Density is too high, no house lots should be released now where problems exist with current lots. Attorney Ralph Joyce was present, as well as John Johnson, Vice President, Toll Brothers, and Tom Frangois, T°11 Brothers Project Manager. Toll Brothers need to become part of the Tuesday morning meetings with the Planning Staff. Attorney Joyce stated that a lot by lot review in conjunction with Richard Doucette, Conservation Administrator of what needs to be done, work schedule to clearly delineate tasks. Mr. Nardella stated that the Board cannot disassociate. Toll Brothers and Elm Service Corp., they are linked. Mr. Frangois told the Board that he losmed and seeded front slope, grass only, not wild flowers because they do not have a big root system. Mr. Neve is reviewing location of hill. Re-cut trench to level of clay, build a drain so that water collects at top of hill similar to entrance slope trench. Six lots would be affected. (Lots 37 to 42). Hr. Rowen stated that one Certificate of Occupancy had been signed but no more Certificate of Occupancies until guard rail is put up and lot slopes stabilized. Mr. Simons said that no lots should be released until problems solved. Mr. Rowen not opposed to lot releases, but all the money for erosion control needs to be in place and possibly increased. Mr. Daghlian would like to review site first. Mr. Mahoney said that no lots released until problems solved and find out amount of money set aside for erosion. Ms. Nelson told the Board that the Conservation Commission will be discussing this tomorrow night, staff to get together on Thursday on this. Mr. Nardella asked, beyond amount of money, how do we want bond held. Shawmut Bank is the mortgage holder of project. There is a need to come up with some solution as to how to post bond. Some release is in order, it is a question of how much. Mr. Nardella asked if the bank could hold the money in a separate account for the Town, that the bank could not access. Mr. Nolan stated that money tied up twice, money in the bank, need money to pay contractors too. Need double funds. Mr, Nardella hopeful that a resolution can be had. Mr. Mahoney stated that a tri-party agreement could be had, under the law. On a motion by Hr. Mahoney, seconded by Mr. Simons, the Board tabled the issue for two (2) weeks to clarify amounts. There is a need to clarify specific amounts with D.P.W. regarding erosion control amounts. Mr. Johnson, Toll Brothers, is concerned with erosion problems. apologized for past problems and wants to work with the Town Staff. He has concerns for the homeowners as well. Mr..Nardella questioned if the bond being held was for thewhole project or just for Phase I. Staff to review. Mr. Simons stated that Phase Development Bylaw should have been imposed at this project. Mr. Nardella said that bond amount could be increased if progress not continuing and site not stabilized. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to continue to retain $322,000 until a more specific amount is agreed upon, but allow the release of the lots. Voting in the affirmative were Mr. Mahoney, Mr. Rowen and Mr. Nardella. Mr. Simons opposed and Mr. Daghlian abstained. The Chairman voted in the affirmative. l~lic H®arinai White Birch II - Definitive Subdivision / S~ecial Permit Mr. Mahoney read the legal notice to open the public hearings. Mr. Daniel O'Connel, Christiansen & Sergi, gave the following information on the proposed project: 1. 10 Acres, residential zone 2. 50' buffer zone a. Lot i is within the 50' buffer zone (requests waiver) b. question of whether 50' buffer zone needs to be maintained along White Birch Lane Mr. Nardella asked if the cul-de-sac on White Birch Lane was constructed. The answer was yes but not paved. Mr. James Grifoni was present and told the Board that he had no agreement with the adjacent landowner at the time White Birch I was approved. White Birch I and White Birch II not submitted at the same time. Mr. O'Connel told the Board that the proposed project would be on septic systems and that perc tests were being done currently. Mr. O'Connel proceed with his presentation. 2. 3. 4. Open space buffers - existing residents soils on lower half of parcel perc better drainage to detention area with drainage easement outlet to a small stream on Bradford Street There was a discussion on roadways, eliminating cul-de-sac. The Board wanted the open space for White Birch I on the plans. The driveway to Lot 6 White Birch I must be on the plan. There are traffic and safety concerns with changing the roadway layout. Wetland line needs to be delineated. Reduce grading by building retaining wall. A conventional nine (9) lots plan was submitted to the Board for review. (1 acre lots). Wetlands limited to a stream along the right hand side of plan. The Board discussed the buildabi~ity of the lots, lots all appear to be buildable. Mr. Simons wants the conventional plan to be placed over the topography to check that the lots are actually buildable. He asked what happens to the extra R-2 zoned area, not part of the subdivision plan. Mr. O'Connel stated that the additional R-2 zone would be used as a buffer for the Industrial land if developed in the future. Mr. Simons would like to see any proposals for the Industrial land - Beechwood. The Board wanted the 50' buffer on the plan. White Birch Lane now 24' pavement, Cherise will have a 24' pavement. There is a need to change roadway detail to reflect the 24' pavement. Sidewalks along one side of the street to be added. Mr. Simons asked what was next door. - Industrial land. He wanted a letter from the Board of Health as to perc tests. He wanted to minimize slope cuts and grading. A site walk will'be scheduled for Saturday, October 16, 1993 at 8:00 a.m.. The centerline of the roadway to be staked. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to continue the public hearing to the next meeting. Mr. George Choury, abutter, told the Board that the proposal was on Bradford Street, not South Bradford Street. Need to know what variances will be needed for each lot. Questions as to whether 50' buffer zone maintained along White Birch Lane. White Birch I Ms. Nelson told the Board that neighbors have complained, want to know the construction schedule. Mr. Grifoni told the Board that by the end of the week there would be gravel on the roadway, binder coat within .two weeks. White Birch II would be approved subject to binder 'coat of White Birch I. Applicant to give the Board an update at the October 19, 1993 meeting. Christmas Tree Estates - Definitive Subdivisio~ / SDeoial Per,il. Mr. James Grifoni told the Board that he spoke to Michael Smolak and from the stone wall to Christmas Tree Lane is developable land. A 10 acre strip with wetlands up to Christmas Trees is developable. Development rights have been sold for tax purposes on all fields and orchards. The existing right-of-way for South Bradford Street is between the stone walls. Some land is accessible beyond edge of applicants land. -The right-of-way must extend to end of property, but might not be paved. Developers have not been able to meet with D.P.Wo A 12 acre parcel PRD is proposed. There is a proposal to pull cul- de-sa back to eliminate the grading, pull back to a flatter area. There is a proposal that utilities be brought out to the end of the property line and stubbed but do not pave to the end. Bond the amount to continue the street to the end of the property line. Driveway widths of pavement only. Covenant that land owner will maintain the driveway, not the Town. With a shorter road the applicant would do a conventional subdivision, not a PRD. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted to continue the public hearing to OCtober 19, 1993. Meadowood II - Definitive Subdivision / Ms. Colwell ~eviewed D.P.W. letter received at the September 21 meeting. Mr. Simons has a problem with receiving D.P.W. issues the night of the public hearing. The TechnicalReview Committee was held in August. Mr. Nardella stated that on Phillips Common and Meadowood I both were allowed 40' right-of-ways. Assumption has been made that 40' right-of-way is acceptable. Mr. George Perna. Director of D.P.W., stated that the letter was submitted at the beginning of the public hearing. All but three (3) issues have subsequently been addressed with the developer. 1. agreed to 24' pavement 2. agreed to 85' diameter cul-de-sac 3. groundwater into storage tanks - will do test pits first to see if feasible 4. 40' right-of-way a. D.P.W. believes that the 40' right-of-way has not yet been tested. Planning Board needs to create a policy on the R-6 Zone. One central mail box provided curbing may be added.. Add to the decision based on D.P.W. and developer agreements: 1. 40' right-of-way 2. 85' diameter - cul-de-sac 3. 95' cape cod berm 4. 24' bit con 6. relocate drainage on Lot 1 property line 7. keep in 8. test pits at each location with percs detention pond 9. keep 10. keep 11. Alcott Village - FDIC owns the pump station Applicant to tie into the Alcott Village pump station, agreements must be made with the owner, not controlledby the Town. A site visit was taken by the Board members. Mr. Nardella asked for screening along Route 114 side of site to be added. Mr. Laudani stated that evergreens, 10' high, 8' apart will be provided. Mr. Mahoney read a letter from CAQ Engineering regarding drainage concern. Mr. Nardella said that some issues will be addressed by the D.P.W. Mr Laudani told the Board that Conservation has reviewed this and agrees with drainage issue. Mr. Simons asked that Steve Stapinski address issues in letter. Mr. Stapinski gave the Board the following information: ae Ce finish grade shows drainage swale can be built agreed to do tests already for groundwater containment - excavation and backfiling will be done if tests do not hold reference points are the same - reviewed by Conservation Commission in depth. sewer pump station on site reviewed with Town Engineer. Sewer system design in connection with Town staff. Mr. Nardella asked if the proposed homes would be the same as the existing homes. Mr. Stapinski told the Board that the first floor elevations are within 1 foot of the proposed and the existing, the new houses will be similar in size/height/style as the existing homes. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to close the public hearing. The Board was'given a draft decision to review. Mr. Simons wanted to add to the Findings of Special Permit: Housing design consistent Roadway layout and future access provided. Mr. Simons to draft and write it in. Mr. Nardella stated that the applicant received ZBA variance. Mr. Rowen asked when the house would be moved. Mr. Laudani said that the house would be moved when the roadway is put in. Ms. Colwell to change decision as discussed and add in D.P.W. conditions. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to approve Meadowood II Definitive Subdivision. On a motion byMr. Mahoney, seconded by Mr. Rowen, the Board voted to approve the Special Permit as amended. . On a motion by Mr. Mahoney, seconded byMr. Simons, the Board voted to approve the Special Permit for a Common Driveway for Lot 12 and Lot 13. Seven Oaks - Definitive Subdivisio- Ms. Colwell told the Board that she met with Rich Lannan and Andrew Caffrey to discuss this site. A decision from Town Counsel was received the site is not grandfathered. The applicant to submit something in writing to Staff, will submit to counsel. Marblerid.e Road - Special Permit_- Lot &-X, A no-cut line to reflect Conservation Commission line must be on the plans. On a motion byMr. Rowen, seconded by Mr. Mahoney, the Board voted to approve the Special Permits as amended by minutes of September 21, 1993 meeting. North Cros~ - Update Ms. Nelson told the Board that procedures dismissed, new t~ustee will be appointed. Coventry X! - Bond Aare~at - ~ot Releas~ Documents were signed. First Calvary BaDtist Churoh - Bond Release On a motion byNr. Simons, seconded by Mr. Rowen, the Board voted to release the $§,000 bond being held for First Calvary Baptist Church. As-built plans were submitted. Minutes On a motion by Mr. Rowen, seconded by Mr. Simons, the Board voted to approve the minutes of September 21, 1993. ~d40urmaent The meeting adjourned at approximately 11:30 p.m. ~ Richard A. Nardella, Chairman