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HomeMy WebLinkAbout1993-10-19Planning Board Minutes October 19v 1993 Senior Center The meeting was called to order at 7:10 p.m. Richard Nardella, Chairman, Joseph Mahoney, Clerk, Richar~ Rowen and John Daghlian. John Simons arrived at 8:30 p.m. John Draper was absent. Also present were Kathleen Bradley Colwell, Town Planner and Robert Nicetta, Building Inspector. Permit Manaoer Position Ms Colwell told the Board that the Town received a grant from the State to fund the position of Permit Manager. The position was one of the recommendations of the Streamline Review. Mr. Rowen said the salary should be paid from fees from developers. Mr. Nardella will review the contract with State and comment to the Planning Board Staff. North andover Bstates - Bond Release - site Ms. Colweli reviewed breakdown of the numbers held by D.P.W. for North Andover Estates. D.P.W. recommended $20,000 to be held for erosion control for bOth Phase I and Phase II. Mr. John Nolan told the Board that work continues to be done to stabilize the site. Posts for guardrail are in; empty lots hydroseeded. Ms. Colwell visited the site and told the Board that the guardrail posts were in and grass was growing on vacant sites, but slope behind houses not fixed. Mr. Thomas Frangois told the Board that he has hired Thomas Neve to review slope. AriAs-built Plan of slope has been done. Possible remedies include a drain at the edge of slope 6' down. Remove loam, mats and crushed stone on slope. Mr. Nardella asked Mr. Frangois to send a formal letter to the Planning Board Staff outlining steps to be taken. Mr. Rowen told Mr. Frangois to go ahead with remedial work with D.P.W. and Planning Staff approval. Mr. Nardella went with Mr. Rowen's recommendation but not a rushed decision; want resolution. Ms. Colwell said there were tWo questions to be answered by the Board tonight: Bond release Certificate of Occupancy's signed Mr. Nicetta stated that the Zoning Bylaw required a 2:1 slope. When the house was in the framing stage, the Building Department was concerned. A 1:1.5 slope created and still slipping. Two homes on Coventry Lane with similar circumstances, today, slopes are still not stabilized. Mr. Rowen asked what the slopes were. Mr. Frangois answered with approximately 2:1 slope is the minimum. (1=7 and 1=8 slopes on the As-Built Plan). Mr. Nicetta stated that the Building Department requires that slopes must be stabilized before people can move in, unsafe otherwise. Hydrostatic pressure - crack in foundation possible Possibility of equipment in house - if slope unsafe No Certificate of Occupancy on homes with slopes until stabilized. (Mr. Daghlian was a voting member at tonight's meeting.) Mr. Nolan reminded the Board that they required a 1:1 slope in the first place on this site. Mr. Rowen wanted to know what slopes were because generally 2:1 is stable but has proven not to be stable. Mr. Nolan told the Board that there were five (5) lots involved. Lot 38 has owner ready to move in at the end of the week. Mr. Frangois told the Board that the hill itself was not slumping, loam on the top of the hill was. Mr. Nardella told Mr. Frangois to submit solution in writing, exactly what will happen, review with D.P.W. and Building Department. Mr. Rowen stated that the drain at the top of the hill may work. Mr. Perna stated that it may not be ground water alone. Mr. Nolan hired geotechnical engineer, suggested that slope needs to be redone. Mr. Nardella asked if the slopes had to be redone. Mr. Rowen suggested to cover slope face with stone and cover with soil. Ms. Colwell clarified that the Board would allow other houses, not affected by slope to be occupied as long as Staff determines that they are ready. Mr. Nardella questioned if the developers could fix the slope behind the house on Lot 38 first and let them move in. Mr. Frangois replied, "yes" he could start with slope first. Mr. Nardella stated that the $66,000 must be factored in to the bond amount numbers because no money has been released yet. $215,85o + ($66,000 - $20,000). $261,850 retained + interest [keep $46,000 for erosion control] $322,500 - $261,850 = $60,650 released Mr. Rowen asked why only 1/2 of the initial cost for booster pump being retained. Mr. Nolan stated that 95% was completed now. Mr. Nardella asked if the Town would get the pump. answered yes. Mr. Nolan On a motion by Mr. Mahoney, seconded by Mr. Daghlian, the Board. voted to release $60,650 and to keep 261,850 principal plus the interest. Mr. Nardella had questions about tri-party agreement: Special arrangement where no accrual of interest could be made. Will talk to bank to arrange something. Briokstone Properties - Site Mr. Nardella stated that Mr. Spagot of Brickstone Properties signed an agreement. Mr. Gralia has agreed to certain te~ms. Mr. Nardella told Mr. Gordon, Town Manager, that the "Stop Work Order" would not be released until signed agreement was in hand. Mr. Nicetta stated that the agreement has been signed by both parties, review by bank, attorneys and abutters needs to be done now. Mr. Gordon thanks the Planning Board for their efforts. Mr. Nardella expressed concern about date certain as to when choice option will be made and when it will be constructed, "Stop Work Order" not released until signed and in hand. Carl Thomas PX&yaround - UDdat- Ms. Colwell gave update to the Board on staff discussions - a public meeting will be held with the Planning Board and the Technical Review Committee to present plan and ask questions. When final plan created it will go through Site Plan Review on parking layout. The Planning Board will not submit request for an opinion to Town Counsel. Mr. Mahoney told the Planning Board they should read the case of Allston v Town of Danvers - ANR Plan decision in over the weekend packets. Workshop Date- Staff to schedule a workshop November 9, 1993 to discuss warrant. Assign chapters and sections of the Zoning Bylaw to certain members for review. It was suggested that two (2) people attack the Zoning Bylaw to allow development of the downtown area. There is a need to get Zoning Maps. Greenwav Moetinq Mr. Perna stated that D.P.W. submitted a letter in support of the Greenway. Ms. Colwell asked members of the Planning Board to come to the Selectmen's Meeting on Monday, October 25, 1993 or go to the Greenway Information Meeting on Wednesday, October 27, 1993. The Planning Board members pledged support and signed a letter to that effect. Public He&r~nqs Cobblestone Crossinq II - Modification - Def{~t~ve Sub~iv~sion s Special Permit pRD Mr. Mahoney read the legal notices to open the public hearings. Mr. Nardella asked why this was a modification, not a new subdivision. Mr. Steve Stapinski gave the Board the following information: 2. 3. 4. 5. Site adjacent to Cobblestone Crossing I - extension of Copley Circle former Arcidicono property it is a modification because it needs to cross land that was dedicated as open space under Cobblestone Crossing I create one homeowner association with both sections easier to call it a modification so that appropriate changes can be made to Cobblestone I Additional information provided: 350' extension of roadway subdivide into 5 lots with single family homes lots 13 and 14 of Cobblestone I will be added to with original Cobblestone I open space, therefore 7 lots total are affected but only 5 new homes water main connected through to existing wager main at existing house, looping water system catch basins piped to detention area - pipe outlet to swale currently existing - to drain line on Route 125 detention pond mitigates up to 100 year storms roadway slopes down to existing Copley Circle catch basins more mitigation will be provided in the detention basin that currently exists total decrease in amount of run off zero% increase peak rate Lot 22 built in Cobblestone I open space balance of houses on Arcidicono property all different house designs, but are the same designs as Cobblestone I driveways, garages provided 22' wide pavement on Copley Circle originally permitted, will continue With 22' pavement propose a cul-de-sac island identical to other cul-de-sac sidewalk terminate at Lot 19 open space provided no waivers required Lot 19 will be moved closer to the street than currently shown on plan open space adjacent to Old Village Lane additional plantings will be placed along ~99' boundary, plantings will be placed along boundaries where needed to provide a visual screen open space taken away from Cobblestone Phase I, but compensated with Cobblestone Phase II open space Mr. Mahoney asked about ownership of Lot B. Mr. Stapinski stated that the developer does not currently own the property. Mr. Nardella stated that if Lot B not owned it should not be shown on conventional plan, need to show a revised conventional plan, need to eliminate Lot B in all calculations. Mr. Daghlia'n - water main extension - no utility easement shown. Mr. Nardella read a letter from D.P.W. received this evening, dated October 18, 1993, requirements must be addressed. Mr. Daghlian asked if the developer had permission from the State to tie into the State system. Mr. Stapinski stated that he had a letter from the State stating no permit required if no direct connection. Mr. Nardella questioned the standing water in the detention pond. Mr. Stapinski said no, shallow detention pond. Mr. Nardella asked how many acres was involved. Mr. Stapinski told him there were 4.5 acres. 25,000 sq. ft. required in R-3 for each lot Mr. Nardella asked does modification comply with all subdivision/PRD requirements. Mr. Stapinski answer - yes. Mr. Nardella asked, if homeowners association owns open space. Mr. Stapinski stated that no lots have been conveyed yet, therefore homeowners association redone to accommodate new open space. Mr. Nardella asked what Lot 12A and 13A did to the open space. Mr. Stapinski stated that 35% open space originally provided, open space being adjusted over the entire parcel. House on Lot 19 can be moved closer to the road. Fence on Lot 19, wood fence along property line to stone wall in woods on Lot 19. Open space easement on LOt 19 to provide continuous open space. Mr. Nardella noted that the detention pond is close to Lot is. Mr. Nicetta stated that this may be a problem, may need a fence. [Mr. John Simons arrived at 8:30 p.m.] Mr. David Lanzoni, 99 Restaurant, stated that he had no objections to the proposed development. There are inherent problems with restaurants next to residential areas. He wants landscaping consistent with t99~ requirements and protective barriers along boundary. Mr. Nardella wants an answer on doors to dumpsters from the ~99t. Mr. Lanzoni told Mr. Nardella that he has been working with staff to come to a resolution. Mr. Perna stated that the 227 roadway was consistent with Cobblestone I, but not consistent with the D.P.W. policy of 24t. Mr. Nardella asked how do Lot A and B effect total number of lots in the overall calculations for the subdivision. Mr. Stapinski stated that subdivision shows them as Form A Plans. LOt B needs to be eliminated from conventional plan.. Mr. Rowen said that if Lot A is being adjusted, it should be reviewed as a lot like Lot 6. Ms. Colwell asked that the center line of the roadway be staked by the weekend, Board to review site on their own. On a motion by Mr. Rowen, seconded by Mr. Mahoney, the Board voted to continue the public hearing to the next meeting of November 2, 1993. $85 D&le Btreet - Bpecial Permit - W&tershe~ Protection District Mr. Mahoney read the legal notice to open the public hearing. Ms. Colwell informed the Board that there was a problem with this addition. 68ft. is very close to the wetland, gone to 69ft. on Woodbury Lane, precedence. Planning Board has let's not set this Christopher King, owner of current house would like to add to the house. Mr. Simons lives in the neighborhood and would rather not speak on this application. Mr. Rowen stated that he was not generally opposed to the addition, he could not see that impacts this addition will have as greater. Mr. Nardella stated that there was pressure from the Town not to allow any variances in the Watershed due to water problems. Mr. Daghlian asked if the house was on sewer. The answer wae 'yes'. Mr. Daghlian asked if the family room was on top of the garage. The answer was 'yes'. Mr. Perna stated that there should be covenants about landscaping- no chemicals to be used on the site, should be in the deed. Mr. King has a commercial fertilizer come on site, did not know about the restriction. Mr. Perna stated that the detention needs to be outside of 100' and be tied into existing detention pond - gutters on house need to be tied into addition. Mr. Mahoney would like to see site, need to protect watershed. Mr. Daghlian does not see a major impact of addition. Mr. Simons stated that once house is built, less impact of an addition, not a lot of impervious surface added, more detail about drywells, limits of construction needed. Mr. Nardella stated that the proposed addition will be adding on almost 1/3 the size of the existing house, supports Planning Staff that this should not be allowed. Mr. Nicetta stated that a variance has been issued by the Zoning Board of Appeals, building can be no closer than 80' to wetland, uncertain that a second variance would be granted. Mr. Simons stated that no hardship can probably be shown because addition can be built at the back of the house with no variances required. Hr. Nardella told Mr. King to go to the Zoning Board of Appeals. The Planning Board has concerns. The Planning Board will continue the public hearing. Ms. Colwell stated that Mr. King could put addition on the back of the house or on the side, no variance needed then. On a motion by Mr. Mahoney, seconded by Mr. Rowen, the Board voted to continue the public hearing to the next meeting, November 2, 1993. White Birch 5' sidewalk required by plans copy of White Birch I slgned plans needs to be submitted. roadway must be 24' gravel is being put down now White Birch I~ - Definitive Subdivision - Special pe~u4t p~n Mr. Mahoney read a letter from the Board of Health regarding perc tests on site. Mr. Mahoney also read a letter from the D.P.W. Both letters are in the file for inspection. Mr. Perna recommended taking out the first cul-de-sac, keep it on paper, but do not pave it. Mr. Phil Christiansen, Christiansen & Sergi, stated that if the cul-de-sac not constructed, there will be a problem with a half finished roadway and safety issues. Mr. Nardella asked when White Birch II would be constructed. Mr. Christiansen anticipated next spring, but never know what market is like. Mr. Christiansen addressed Board of Health concerns: initially do test pitsrandomly, then locate systems then do test pits on specific locations Mr. Simons asked that the developer work with the Board of Health to layout houses. Mr. Christiansen told the Board that he needs to do tests in the spring, cannot do them now. Lot I is Utility easement between Lot 6 and Lot 7 provided. moved to eliminate need for variance from 50' buffer. deep water a problem. Lot i house Mr. Nardella commented on the steep slopes to access adjacent property. Adjacent property can be accessed from Bradford Street and White Birch, no connection needs to be provided. Mr. Christiansen stated that landscaping will be done on the island in the center of the cul-de-sac. The detention pond moved out of the 50' buffer. Mr. Simons concerned about amount of grading in the cul-de-sac. Staff recommendation of a retaining wall. Mr. Simons stated that putting detention ponds and grading in the open space, eliminates open space uses. Planting along grading in circle will be provided. Ms. Colwell told the developer to add the existing large spruce and hemlock trees on plans, keep as many trees as possible on site. Mr. Simons had questions' about detention pond, why there? Mr. Christiansen told him that you discharge where there ia a natural flow. Mr. Nardella asked the developer to look at possible future connection to the Barker Property. Hr. Simons stated that Mr. Barker has a huge area to work with, no need to be concerned with this on this site. Mr. Daghlian asked the developer to'add fire hydrants to the plan. Ms. Colwell questioned what will happen with the I-1 land. Mr. Christiansen stated that any industrial building needs to be 100' from residential property line. Mr. Simons wants industrial building to be 100' from zoning district line. Mr. Nardella asked why couldn't Mr. Grifoni take all property down to R-2/I-1 line? Mr. Simons told him to include all R-2 land in the subdivision. Mr. Christiansen told the Board that the landowner does not want property lines to come down to R-2 line. Ms. Colwell to check with Mr. Nicetta as to industrial requirement for setbacks. Mr. Nardella wants industrial building to be 100' from zoning line, not property line. On a motion by Mr. Simons, seconded by Mr. Daghlian, the Board voted to close the public hearing and directed staff to draft decision incorporating discussions at meetings. Christmas Tree Estates - Definitive Subdivision - SDeclal Permit PaD Mr. Nardella read a letter from D.P.W. received at meeting. Planning Board will consider D.P.W. recommendations, but will take them as recommendations only. Mr. Simons said Planning Board came up with a good plan for the site, why build to end of property with all the grading when it may never connect. Bond for future paving. Mr. Daghlian told the Board that if utilities are put in to the end, they need to be maintained. Mr. Simons stated that money would be needed to put roadway to property line in, prior to approval. Mr. Nardella asked Mr. Grifoni, as a developer, does it matter whether the money used to build it or money put in escrow. Ms. Colwell and Mr. Nardella to get togetherto discuss how to hold money for road. Mr. Christiansen told the Board that the 50' buffer zone along South Bradford Street from center line of road, right-of-way easement granted to Town for 10' to create 50' right-of-way, driveway run along South Bradford Street. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted to close the public hearing and directed Staff to draft a decision for review at the next meeting. Seven Oaks - Definitive Subdivision presented 6, 2 acre lot conventional subdivision plan to Board for preliminary review 6 lot PRD plan presented applicant to identify upland that can be walked to, accessed. Board may not want to take all wetland area as open space. A site walk is scheduled for 8:00 a.m., Saturday, October 23, 1993. Center line of roadway to be staked. Blue Ridge Road Modification Mr. Nardella read a letter from D.P.W. Form J signed, Form G signed. Hold in escrow until funds are received. Minutes October S, 1993 The minutes were not reviewed by the Board. No action. addournmont The meeting adjourned at approximately 11:00 p.m. Richard A. Nardella, chairman money for road. Mr. Christiansen told the Board that the 50t buffer zone along South Bradford Street from center line of road, right-of-way easement granted to Town for 10t to create 50~ right-of-way, driveway run along SoUth Bradford Street. On a motion by Mr. Simons, seconded by Mr. Rowen, the Board voted to close the public hearing and directed Staff to draft a decision for review at the next meeting. Seven Oaks - Definitive SUbdivisiOn presented 6, 2 acre lot conventional subdivision plan to Board for preliminary review 6 lot PRD plan presented applicant to identify upland that can be walked to, accessed. Board may not want to take all wetland area as open space. A site walk is scheduled for 8:00 a.m., Saturday, October 23, 1993. Center line of roadway to be staked. Blue Ridue Road Mr. Nardella read a letter from D.P.W. Form J signed, Form G signed. Hold in escrow until funds are received. october 5. %99a The minutes were not reviewed by the Board. No action. The meeting adjourned at approximately 11:00 p.m. net L. Eaton, Secretary Richard A. Nardella, Chairman