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HomeMy WebLinkAbout1990-02-01The North Andover Planning Board held a regular meeting on Thursday evening, February 1, 1990 in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at 8:19 p.m. by the Chairman, George Perna. Also present were Erich Nitzsche and John Draper. John Simons arrived at 8:30 p.m. Jack Graham was absent. Due to the lack of a quorum at the opening of the meeting, the Board took up discussions first. Discussions Selectmen's Meetinq Christian Huntress, Town Planner stated that the Planning Board had been requested to meet with the Board of Selectmen on February 5, 1990 for the yearly meeting. Christian Huntress gave the Board a copy of the report that was submitted for the annual town report. George Perna asked for an updated list of proposal for the next Annual Town Meeting. John Simons arrived at 8:30 p.m. Christian Huntress stated that at the present time he is working on the Watershed District Section, as to the order in which it is in and other ambiguities. Chris said he was also working on a local housing partnership. John Simons mentioned the fact that the Board had approved their first cluster development. George Perna asked Chris to draft a meeting. Erich Nitzsche added that should be available. list for the Selectmen's a list of the court cases Chris added that the North Andover Business Park would be a topic that might come up at the meeting as well as the light situation on Route 114 and Willow Street. Public Hearing Site Plan Review Filing Fees John Simons read the legal notice open the public hearing. Christian Huntress, Town Planner, briefed the Board on the present filing fee being $200.00. He stated that after researching fees from other towns in Massachusetts, he has developed a formula. George Perna read from the proposed filing fee structure. The initial filing fee is $300.00 and .05 per square foot. George Perna asked for input from the developers that were present. David Zaloga spoke on other construction fees in Town and adding another fee. Motion: Second: By John Simons to approve the Site Plan Review Filing Fee structure. John Draper Erich Nitzsche asked that the Board eliminate the l/lOth of percent of $50.00 and have it .05 per square foot. John Simons amended his motion with Erich's comment. Vote~ Unanimous of those present. South Bradford Street - Special Permit - Common Driveway Christian Huntress gave the Board some background on the application before them at the present time. It is presently in litigation and Town Counsel is in the process of settling the case. Chris stated that he has told the applicant that no decision would be made until the case was settled. George Perna asked for more information on the litigation. Chris stated that the were four (4) Form A lots that are in the Watershed District. The timing of the filing was around the moratorium of building in the Watershed District. Phil Christiansen, Christiansen & Sergi, spoke to the Board on the application. There are four Form A lots in existence. The owners want to build two new houses. There is one house existing. Lot 3 will not be built upon. George Perna told the applicant that he will have to file a Form A application for the correct parcels. The Board cannot approve the Special Permit until the Form A that is a lot of record. Phil Christiansen asked if both could be done at the same time. George Perna said he had no problem with dealing with both at the same time. Motion: Second: By John Draper to continue the public hearing on the South Bradford Street Special Permit for Common Drive. Erich Nitzsche George Perna asked that in the motion that staff be directed to write to the applicant with a written description on what has to be addressed and the ramification of new lot lines. George Perna asked that Chris look into dimensions as they relate to the Watershed District. John Draper so amended his motion. motion. Vote~ Unanimous of those present. Erich Nitzsche seconded the Johnston Country Store - Site Plan Review John Simons read a letter to Mr. Bain from Christian Huntress, Town Planner on concerns the Board raised at their last meeting. George Perna stated that the applicant should not be before the Board for Site Plan Review. They should be before the Board for Repetitive petition. Mr. Bain disagreed. Mr. Bain stated that he should be brought before the Board for Site Plan Review. Referring to the letter he had received from Christian Huntress, Mr. Bain said he had questions and concerns. Addressing items 3, 4, & 5, Mr Bain said he needed clarification of item 4, commercial sprinklers. Christian Huntress told him that information was available at the fire station. Mr. Bain stated that the engineers were working on the commercial sprinklers. On item 3, Mr. Bain has requested a copy of the deed and will be submitting it shortly to the Board. The copy will be certified. On item 5,relating to a dry sewer being put in to the property line, Mr. Bain said there was no problem. George Perna asked about the footnote in Table 2 - footnote 1 being 100 foot setback along Route 114. Mr. Bain stated that the Board of Appeals had discussed the issue. He had minutes from that meeting with the Zoning Board. A lengthy discussion took place on repetitive petitions. The Board will ask Town Counsel to review the issue of repetitive petition. George Perna recapped what has already been discussed: 1. Landscaping 2. Lighting 3. Drainage Erich Nitzsche stated that there was a problem with the drainage. More information is needed. Christian Huntress was directed by the Board to send a letter to Mr. Bain listing the items that were discussed along with the Board's concerns. Motion: Seconds Vote: By John Simons to continue the public hearing on the Site Plan Review for Johnston Country Store. John Draper Unanimous of those present. Discussions North Andover Business Park - Definitive Subdivision Christian Huntress gave the Planning Board a draft order of conditions on the North Andover Business Park. He also presented the Board with a copy of a Request for Proposal on the design project for a signal light on Route 114 and Willow Street for review. The Board went over the order of conditions. Item #2 - Bonding Erich Nitzsche stated that he wanted all drainage facilities and detention ponds built before lots were released. Mike Rice, Bayfield Company, told the Board that he has three companies that would like to locate in North Andover. If the subdivision approval is conditioned requiring a traffic light prior to any construction those companies would no longer be interested because of the time it would take for the State to act. No construction would be done this year. George Perna asked what the cost was for engineering and designing such a light. Christian Huntress told George that the cost would be about $40,000. A lengthy discussion took place on the construction of the site and a signal light being installed. The Planning Board discussed Item #16. George Perna suggested that it should read: No occupancy permit would be granted until a signal light was installed or an officer was on duty during business hours. Erich Nitzsche suggested that funds be contributed prior to occupancy. Mike Rice asked if the funds could be contributed as the lots are sold. George Perna stressed the Boards position on the signal light being installed. Lyons Way - Preliminary Subdivision A letter was received from the applicant requesting an extension. Christian Huntress gave the Board some background on the plans submitted for Lyons Way. The applicant received approvals for the subdivision about ten years ago. The time in which a plan is approved and completed has run out. The applicant is now before the Board with a preliminary plan. This plan is the result of the subdivision approval that was granted ten years ago. Christian Huntress gave the Board a copy of a draft decision on the preliminary plans. George Perna asked that specific waivers be listed. Christian Huntress has included that issue in Condition #17 of the draft decision. John Simons asked that a condition be added to the draft stating that all rules and regulations shall be adhered to in the definitive submission. Motion: Second: Vote: By Erich Nitzsche to approve the preliminary subdivision, Lyons Way, in accordance with the draft approval, of eighteen conditions and inserting Condition #19 to read that a thirty (30) foot wide access/egress easement will be shown from the end of the cul-de-sac to land of the Commonwealth along the lot lines of Lot 5 and Lot 6. Also adding Condition #20, that all rules and regulations shall be adhered to. John Draper In Favor - Erich Nitzsche, John Draper, and George Perna Opposed - John Simons Approval Not Required Form A Plans Vest Way The applicant is proposing to reduce the number of lots on Vest Way from 5 lots to 3 lots with the required two acre lot size. The Board questioned the Contiguous Buildable Area for those lots. The Board would like Town Counsel to review this application on the C.B.A. requirement of the Zoning Bylaw. Motions by Erich Nitzsche to accept the withdrawal prejudice on the application for Vest Way. Second, John Simons Vote: Unanimous of those present. Tanglewood Lane - Land Court The issue was tabled to February 15, 1990. verified. without Lot lines have to Bonds Marbleridqe Subdivision Motion, Second: Vote: By John Simons that a bond in the amount of $34,450 be retained for the completion of the Marbleridge Subdivision and release to the applicant the accrued interest. Erich Nitzsche Unanimous of those present. Minutes November 16, 1990 - November 30, 1990 December 7, 1990 - December 21, 1990 January 4, 1990 George Perna asked that a few changes be made on the November 16, 1990 minutes. Those changes were typing errors. Motion: Second: Votes By John Simons to approve all the minutes with correction made on the minutes of November 16, 1990. John Draper Unanimous of those present. the Erich Nitzsche abstained on the December minutes as he was absent. Sign Plans Boston Brook Estates - Definitive Subdivision - Special Permit PRD Easements were presented to the Board for review. Those easements were for~ 1. Access easement through the PRD to the State Forest. 2. A detention easement. John Simons questioned a conservation restriction easement. Christian Huntress will look into the conservation restriction easement. Erich Nitzsche asked that the easements be delineated on the plans before the Board signs them. Woodchuck Grove - Special Permit PRD The issue was tabled. Christian Huntress told the Board, he has not reviewed the plans. Motion: Second: Vote: By John Draper to adjourn the meeting. Erich Nitzsche Unanimous of those present. The Planning Board adjourned at approximately 10:45 p.m. George Perna, Jr., Chairman et L. Eaton, Secretary