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HomeMy WebLinkAbout1989-07-13The North Andover Planning Board held a regular meeting on July 13, 1989 in the Town Hall, Library/Conference Room. The meeting was called to order at 8:35 p.m. by the Chairman, George Perna. Also present were John Simons, Clerk; Erich Nitzsche and Michael Leary. Public Hearings Sanlau Realty Trust - site Plan Review Modification John Simons read the legal notice to open the public hearing. Letters were read from Chris Huntress, Environmental Planner and Bob Nicetta, Building Inspector. Chris Huntress explained to the Board what the applicant was proposing on the modification of the site plan. He wants to take off from the Order of Conditions, the concrete retaining wall that was supposed to be built. He would like to construct a rip-rap retaining wall to hold back the silt. Present at the public hearing were Santo Messina, Ann Messina and Sheldon Penoir, architect for the Housing Authority. A lengthy discussion took place on boundary lines and the position of the building built by the Housing Authority. between the applicant, the architect and the Board. George Perna stated the issue being the retaining wall and should be resolved with the Building Inspector. An updted As-Built Plan is needed before a site visit. Also needed are the documents for easements and/or land swaps. Motion: By John Simons to continue the public hearing. SECOND: Erich Nitzsche VOTE: Unanimous Safe 'N' Sound Mini Storaqe - Site Plan Review Modification John Simons read the legal notice to open the public hearing. Letters were read from Chris Huntress, Environmental Planner, to the Building Inspector, Bob Nicetta; from Bob Nicetta, Building Inspector to Mr. Todd. Also a letter from Joe Borgesi, engineer, was read. Bertin Clynefeld, Mr Todd's attorney was present. The original application for the site plan stated the proposed building would be 34 feet high. The building had not been designed at that time. Due to the request of the Board, the building was redesigned several times. The height of the building is 36 feet. George Perna expressed concerns about screening and asked if they were finished and complete. The response from Attorney Clynefeld was that they were not finished. There were supposed to be twelve (12) trees planted outside the fence. The fence is right on the edge of the wetlands and they cannot be planted. Erich Nitzsche spoke on the proposed parking area which was conditioned for the possible maximum use of the building, should someday, the building be sold. In this case he felt no need at this time to have the entire area paved for parking and maybe some of the trees could be palnted on the inside of the fence in that area. A site visit will be Saturday, July 15, 1989 at 9:30 p.m. MOTION: By John Simons to continue the public heairng and visit the site on Saturday morning at 9:30. SECOND: Michael Leary Bob Dunn, owner of Boston Hill Ski Area, spoke on his concerns of drainage and screening on the abutting property. A brief discussion took place between Mr. Dunn, Mr. Todd and the Board. VOTE: Unanimous Boston Hill Ski Area - PRD John Simons read a letter that was sent to Mr. Robert Batal on the concerns of the Planning Board. Also a letter was received and read from H.W. Moore relating to revised plans and the concerns of the Board. George Perna went over the response from H.W. Moore. Some of the issues were rear elevations; cut and fill of the site; size of retaining walls and material; and construction schedule. John Simons read a letter from D.P.W. citing sixteen items they wanted addressed. On the rear elevation, the driveways are now in the from of the buildings, not in the rear. On the issue of cut and fill, Ken Greenleaf, H.W. Moore stated that he had letters summarizing the conclusions of the site work contractor. In the event of an unbalanced site, the figures for excavation would be ~rom 5,000 to 10,OOO yards being removed from the site. On the size of the retaining walls and material, Mr. Greenleaf spoke on the type of material. On the construction schedule, the project will be done in phases, starting in eighteen months, continuing for five (5) years. The construction of the road needs to be looked into, whether in the first stage completely or in three (3) phases. Ken Greenleaf stated that the whole area should be stablized in the beginning with the utilities in place. A brief discussion took place on the grades of the road being 10%. Bill Hmurciak, D.P.W. still is uncomfortable with the steep grades. MOTION: By John Simons to continue the public heairng to the first meeting in August. SECOND: Erich ntizsche VOTE: Unanimous Boston Brook - PRD Ralph Joyce recapped what was before the Planning Board. !. Conventional four (4) lot subdivision 2. fourth lot is for the PRD. John Simons read a letter that was sent to the applicant from Chris Huntress, Environmental Planner, with a list of concerns. Ralph Joyce went over the concerns: Septic system Attorney Joyce and Byron Holmes will go over the design of the septic system with Mike Graf, Health Sanitarian, on Monday, July 17, 1989. 2. Flood plains This information will be supplied at the next meeting. Architectural designs Architects have been changed, Mr. Dan Batting of D.M.B. Associates, is the new architect. The design of the road is bascially the same, the design of the buildings are different. The number of units is the same. Erich nitzsche is to sit down with Chris Huntress before the July 27, 1989 meeting and go over the revised plans. If acceptable, the matter will be continued on July 27, 1989. MOTION: By John Simons to continue the public hearing to July 27th or the first meeting in August based on the resubmitted plans reviewed by Erich Nitzsche and Chris Huntress. SECOND: Michael leary VOTE: Unanimous Approval Not Required Form A Plans Enfield Street A covenant will be recorded in the Registry of Deeds to ensure the road improvements. ~ MOTION: By John Simons to approve the Form A Plan and accept the covenant from Fredrick and Kathleen Jones. SECOND: Michael Leafy VOTE: Unanimous Johnson Street Applicant has no legal frontage, has to cross a wetland, has to go to the Conservation Commission first for an Order of Condition. Applicant asked to withdraw the application without prejudice. MOTION: By Erich Nitzsche to accept the withdrawal without prejudice. SECOND: John Simons VOTE: Unanimous Discussions Jeffrey Place Chris Nelson, Nelson Engineering, requested Planning Board signatures on a plan for Jeffrey Place recorded in Land Court. A portion of the back lot is already on a plan recorded in Land Court. MOTION: By Erich Nitzsche to approve the Land Court Subdivision Plan of Lot 106, 107 and 108 with the condition that a notation be placed on the plans that these three lots are not buildable lots by themselves and are referenced to on the recorded covenant on the subdivision for the construction of the ways and release of the lots be added to the plans. SECOND: Michael Leary VOTE: Unanimous Planninq Board Meetinq Schedule The Planning Board will meet on August 10 and August 24, 1989 MOTION: By Erich Nitzsche to meet on August 10, and August 24, 1989 SECOND: Michael Leary VOTE: Unanimous Lot Release Lot J, Appleton Street MOTION: By Michael leary to release Lot J, Appleton Street. SECOND: John Simons VOTE: Unanimous Bond Release North Cross Road MOTION: By John Simons to release $24,000 in accordance with the recommendations from the Department of Public Works. SECOND: Michael Leary VOTE: Unanimous Decisions Rosemont - PRD George Perna stated that the only issue remaining was the bonding for erosion control of the road. Erich Nitzsche asked if Mr. Nolan had received a letter from the owner of Holly Ridge for permission to tie into the sewer. Mr. Nolan said there was a letter and it should be in the file. George Perna wanted a condition added to the approval, that any deviation of the plans/profile will be submitted to the Planning Baord for approval. George also wanted the following as a condition: "COnstruction shall commence within one year and shall be completed in five (5) years as of the date of the approval or the applicant shall appear before the Planning Board". John Simons asked about phasing of construction. Ellen Murphy said the phasing was delineated on the plans by different colors. The Board members also wanted a bond for erosion control in a condition. The amount of the bond to be $20,000. MOTION: By John Simons to approve the Rosemont PRD Project subject to the written list of conditions witi the following edits; as written, 27 conditions plus: Condition 14 - after the word "minimum" insert "and shall be in accordance with the submitted plans". Condition 26 - indent a.) Construction shall commence within one (1) year and shall be 1OO% complete within five (5) years of the date of this approval or the applicant shall appear before the Planning Board. b.) Add Condition: The phasing of construction shall be in accordance wSth the detailed plans submitted by the applicant. The applicant shall provide adequate bonding for erosion and sedimentation control in the amount of $20,000. I Erich Nitzsche also added: "Any substantial deviation from submitted building profiles, sections, elevations ~r footprints shall be resubmitted to the Planning Board for approval". SECOND: Erich Nitzsche VOTE: Unanimous I Woodchuck Grove PRD Special Permit, Comm6n Driveways, Subdivision John Simons had several issues he was still not comfortable with and presented the Board with an alternative decision for disapproval. The concerns were 2 o A proposal is basically coming under Cluster Development with none of the flexibility and benefits of a Cluster Development in terms of sensitivity, landscaping. The way the road is laid out. but The way the lots are laid out. Impact in terms of the lot lay out. Michael Leary wanted to know why at this time were these issues being brought up. John Simons said he has been consistant all along, it was not documented up till now. George Perna spoke on both draft decisions, he did not disagree, but questioned whether John concerns should be put in as conditions rather than reasons for disapproval. George asked John if his reasons were the opposite of the draft approval. He said the draft approval was more of a boiler plate and that some of the conditions were the same. His major issue is construction of the roadway was not harmonious with the land. John Willis spoke to the Board on three plans that were brought before the Board and the technical Review Committee. The plans in front of the Board were the most acceptable with the exception of drainage concerns, which where addressed. A lengthy discussion took place between the Board, John Willis and Gene Willis on the roadway with respect to size, grades and whether it will be a private road. Also discussed was: 1. detention areas 2. drainage John stated that there were problems with the PRD application with respect to the open space being part of the lots. He also commented on the common driveways and the possible elimination of some because of the requirements under the PRD Projects. George Perna asked the Board members to either entertain a motion to approve the PRD with conditions or deny the PRD based on the discussions of this evening. MOTION: By Michael Leary to approve the PRD Project based on the conditions drafted by Chris Huntress, Environmental Planner. Second: Erich Nitzsche and with some additions. John Simons stated that four positive votes are needed and he was going to vot "no". Chris Huntress is to contact Town Counsel regarding the possibility o~ Paul hedstrom voting on this issue. At the present time there are only four Board members. A workshop will be held on July 17, 1989 with John Simons, George Perna, Erich Nitzsche, John Willis and A1 Shaboo. Erich Nitzsche recinded his second on the motion. With no second, no action. Minutes June 8, 1989, June 15, 1989 and June 19, 1989 MOTION: By Erich Nitzsche to approve the minutes of June 8, 1989, June 15, 1989 and June 19, 1989. SECOND: John Simons VOTE: Unanimous MOTION: By Erich Nitzsche to adjourn the meeting. SECOND: John Simons VOTE: Unanimous The Planning Board meeting adjourned at approximately 1:3~ a.m. George Perna, Jr., Chairman Eaton, a-ne'~ L. Secretary ?ne 2~.~rzn ArK~over Pi{:nnkhq ne.~c e regular meeting on ThuxsdaV evening, July 27, 1989 in the Town Hall Library/Conference Room. The meeting was cal!e~ to order by the Chairman, George Perna, at 8:14 p.m. The following members were present: John Simons, Clerk; Erich Nitzsche and Jack Graham, who is replacing a vacant position of Michael Leary, who resigned. Paul Hedstrom, who agreed to stay on the Board until September i, 1989, arrived at 8:30 p.m. Public Hearing_~ Edgewood Life Care Special Permits - Continuing Care Retirement Center, Site Plan Review and Watershed Overlay District John Simons read the legal notice to open the public hearing on the Special Permits for a Continuing Care Retirement Center, Site Plan Review and Watershed Overlay District. John Simons stated that there were several letters and other correspondence in the file for publlc inspection. George Perna asked Chris Hun%tess to comment on the appilcatlon. Chris stated %hat the applicant had been before the Technical Review Committee and that a number of issues were resolved. Clifford Elias, representing Samuel S. Rogers and Edgewood Life Care, presented the Board with two separate packages: 1) a large loose leaf book with intormation and 2) a memorandum package for official records of this application. The Board accepted the packages. Mr. Elias asked that the Soard visited the site and 1~6~ Osgood Street where a model of the proposed is being displayed. The major difference ~n t~is application from the preliminary is the location of the access road. There will be town water and town sewer by the developer. S~x%een (16) acres of the proposed project will be disturbed. A new traffic study has been done with minimal impact. The proposed will be done in two phases= health center and dwelling units last two buildings nearest the lake, auditorium the pool and the The cost per unit will be around $19~,OOO with monthly maincenance fees from $900 to $14~. Some of the parking will be underground, 132 spaces and 236 spaces above ground ~or a total of 368 parking spaces. One hundred seventy five (175) people have s~gned up already with 6~% North Andover residents. Mr. Elias presented the Board with samples of agreements. Chris Huntress spoke on the circulation of the traffic flow. Erich Nitzsche stated that a workshop would be appropriate on the proposed project. Erich suggested a site walk to view the access road. The Board will meet on Saturday, July 29, 19~9 at 8:~O a.m. at 1060 Os~ood Street. Joa~i Simons comme~Led or~ ioo~lllg aL the scale model 111 con}uncLlo~ with the massing. Paul Hedstrom asked if a Form A Plan existed, was it a legal lot of record. Mr. Elias said "no, not yet." George Perna asked for public input. Erich Wodlinger, attorney representing the Rockwells, gave the Board a letter on issues his clients wanted addressed: 1. access issues to be addressed as a subdivision 2. drainage 3. public util~bties ~or abutting owners 4. landscaping and screening to be done carefully The remaining issues are in the letter. Mr. Wodlinger asked that the concerns be made part of the conditions. George Perna questions why the access road was moved. Clifford Elias stated that there were two reasons ~or the access road being moved: 1. conservation 2. safety Attorney Arthur Hughes, representing the Mary Charles Estate, expressed concerns similar to those expressed by Eric Wodlinger, attorney for the Rockwells. Motion: Second: Vote: by Paul Hedstrom to continue the public hearing until August 10, 1989 and set up a workshop. Jack Graham Unanimous Hitching Post Road Definitive Subdivision John Simons read the legal notice to open the public hearing. Chris Huntress spoke to the Board on this application being relative to a subdivision with no conditions. Paul Hedstrom stated that there were no major issues except placing conditions on a subdivision. Attorney Robert Lavoie, represented the applicant. He stated that there was a communication problem. He also stated that Mr. Patnaude objected to the legal notice stating "rescinding" of the subdivision, should have been modify or amend the plan. The issue of the sewer is in controversy. The Department of Public Works wants a gravity lift, the applicant wants a pumping station. Chris Huntress is to review the application and come up with a draft decision for the Board to review and act on. Motion: Second: Vote: By Paul Hedstrom to close %he public hearing and draft a decision for the August 10, !989 meeting. Erich Nitzsche Unanimous Safe 'N' Sound Mini Storage. Site Plan Review Modification John Simons read a letter from Chris Huntress to Mr. Todd. George Perna s~a~ed ~nat curing ~k smte vlslL wiLh fir. Todd, there were a couple of issues to be addressed. John Todd stated that berm would be placed along the parking lot. George Perna wants the arborvitae to go around the corner of the building not just to the corner. George Perna stated that he was pleased with the way the s~te looked. John Todd stated that water samples were taken from the site. He presented the Board with a letter of the results of the tests that were made. in a brief summary, Mr. Todd stated that the tests results showed no volatile or petroleum hydrocarbons were contained in the samples. Mr. Todd will supply the Board w~th a copy of the warrantee from the landscaper on the trees that are being planted and that they will be replaced i~ they die within a year. Motion: By ~rich Nitzsche to close the public hearing and direct the planner to draft an approval with the following conditions: Second: Vote: arborvitae be extended around the corner o[ the building twenty feet. stockade fence be reinstalled accept a copy o~ warrantee from landscaper accept height of 36.5 feet on building all other conditions remain in affect 2 o 3. 4. 5. Paul Hedstrom Unanimous Milco Definitive Subdivision Motion: Second: Vote: By Erich Nitzsche to accept the thirty day extension John Simons Unanimous National Aerial Advertising Site Plan Review Chris Huntress stated that there is a new plan showing seven (7) acres as the parcel not 43,~O sq.ft. The perimeter of the airport is to be shown on the Slte plan as a legal lot. Motion: Second: Vote: By Paul Hedstrom to accept the extension to September 1, 1989 and schedule for nex% meeting in August and a letter showing wheze in the airport it is located. Jack Graham Unanimous Approval Not Required Form A Plans Planning Board Signatures ~or Registry o~ Deeds and Land Court The following members are authorized to sign plans to be filed in the Registry of Deeds O~lce and Land Court. George Perna, Chairman Oohn Simons, Clerk Erich Nitzsche Second: Vote: Bi¢ Oonn Simons to accept George Poma, " ~ oriel,man; John Simons, Clerk; and Erich Nitzsche as being authorized to sign plans to be recorded. Jack Graham Unanimous Tiffany Lane - Land Court Plan Motion: Second: Vote: By Erich Nitzsche to sign the Plan of Land for Perrente Trust, Land Court Plan #36903H dated July 26, 1989, subdivision approval not required. Jack Graham Unanimous Lot Release Tiffany Lane Lots 3 & 4 Motion: Second: Vote: By Paul Hedstrom to release Lot 3 and Lot 4 Tiffany Lane. John Simons Unanimous Discussions Votinq on Sewer Extension Issues Under the requirements of Section 2-9-1 of the Charter for the Town of North Andover, the Planning Board is required to make a recommendation on articles involving planning, zoning, subdivision control, land acquisition, conservation, extension of sewer or water line, the acceptance of streets and ways, and all other similar matters relating to the environment. $1,5~0,00 Water Bonds, payable within 4~ years from their dates under G.L. c.44, s8(5) and a vote of the town, passed at the 1989 Annual Town Meeting. Motion: Second: Vote: By Erich Nitzsche to make favorable recommendation Paul Hedstrom Unanimous 8125,000 Motion: Second: Vote: Sewer Planning Board, payable within 5 years from their dates under G.L. c44, s7(22) and a vote of the town, passed at the 1989 Annual Town Meeting. Erich Nitzsche to make favorable recommendation Paul Hedstrom Unanimous $1,450,000 Motion: Second: Vote: Sewer Bonds, payable within 30 years from their dates under G.L.c.44, sT(l) and a vote of the town, passed at the 198-7 Annual Town Meeting. By Erich Nitzsche to make favorable recommendation Paul Hedstrom Unanimous $1,850,000 Water Bonds, payable within 40 years from their dates under G.L.c.44, s8(5) and a vote of the town, passed at the 1987 Annual Town Meeting. Second= Vote: ~y Erich Nl%zscne to ~t:~Le favorao!e recommendatlo~i Paul Hedstrom Unanimous $650,000 Sewer Bonds, payable within 30 years from their dates under G.L. c44., sT(l) and a vote of the town, passed at the 1986 Annual Town Meeting. Motion: Second: Vote: By Erich nitzsche to make favorable recommendation Paul Hedstrom Unanimous $125,OOO Article 6, Capital Improvements Program Appropriation for Fiscal Year 1989, Department of Public Works, Facilities Motion: Second: Vote: By Erich Nitzsche to make favorable recommendation Paul Hedstrom Unanimous Bond Determination Bruin Hill Definitive Subdivision A bond in the amount of $79,OOO has been recommended by the Department of Public Works for the completion of the subdivision. Motion: Second: Vote: By $ack Graham to accept the bond amount. Erich Nitzsche Unanimous Decisions Woodchuck Grove, PRD Chris Huntress stated that the Board had asked him to redraft the decision on Woodchuck Grove with new amendments as discussed. The Board requested a dew minutes to go over the draft and asked Claris to point ou~ the changes. Those changes were Condition L through O. On Condition L, George Perna said the issue was on the roadway. Once the lots were sold o~ before they were built on, the Board would have %o deal with each of the land owners. Condition L says the roadway is owned by the assoclation. John Simons spoke on the conveying of lots and the road being private. On Condition M, the Board sald it should read: "Prior to the release o~ any ioLs from the covenant, a cash bond shall be posted for each individual lot, in an amount as determined by the Planning Board to secure final regrading and stabilization and appropriate landscaping.' Condition N to read: "A parcel sh~tl be granted ~or %ne purpose of access and egress from the land to be held ~n common by the PRD Association %o Salem Street." Jonn simons sa!d he wou±d come Lo ~he Planning soard 0£21ce on Friday and clean up some of the language in the decision. On the issue of common driveways, the Board wanted the roadway constructed first before approving the driveway access. Motion: Second: Vote: By Paul Hedstrom that the subdivision be approved as per draft before the Board with'the additional item #17: "That the applicant shall secure the proper relief from all relevant Boards regarding applicants driveway plan inctudlng, without limitation, varzances from the Board of Appeals" likewise move with the changes already discussed to approve the PRD with the additional proviso that John Simons will do some of the housekeeping on the decision and move the Board deny relief sought under the driveway access issue. Erich Nitzsche Unanimous Minutes July 13, 1989 Motion: Second: Vote: Motion: Second: Vote: by Erich Nitzsche to accept tl~e minutes as written. John Simons Unanimous By John Simons to adjourn the meeting Erich Nitzsche Unanimous The Planning Board adjourned the meeting at 11:O5 p.m. George Perna, Jr. , Chairman pe~ L. Eaton, ~ecreta~y