HomeMy WebLinkAbout1990-04-19The North Andover Planning Board held a regular meeting on April
19, 1990 in the Town Hall, Selectmen's Meeting Room. The meeting
was called to order at 8:28 p.m. by the Chairman, George Perna, Jr.
Also present were John Simons, Clerk and Erich Nitzsche. Jack
Graham arrived at 9:O5 p.m. John Draper was absent.
Due to the lack of a quorum at the beginning of the meeting, all
items were discussed briefly and tabled until such time as a quorum
was present.
Public Hearings
318 Salem Street - Special Permit Watershed District
Christian Huntress, Town Planner, went over the items that were
requested by the Board.
possible sewer connection
residential sprinklers
elevation in relation to the adjacent property of Olenio.
Copies of a draft decision were given to the Board for review.
Howard Spiecer, Attorney for the applicant, reviewed the draft
decision and raised some concerns on condition #13, relating to a
dry sewer being installed and the cost of the dry sewer and
condition #14, the Board requesting the applicant file for a
Special Permit for a common driveway. Town Counsel has been
consulted regarding the common driveway issue. The Town requires
a Special Permit for a Common Driveway, the applicant needs a new
application.
A discussion took place on placing a driveway with a dry sewer, the
costs and easements. Also discussed was the topography.
Bill Dolan, Fire Chief, spoke on the need for residential
sprinklers. Chief Dolan gave an example of the cost for a 9 room
house plus an attic, $4,300. The Fire Department is actively in
favor of sprinklers. The Chairman, George Perna asked why on this
particular lot. Chief Dolan said especially on common driveways,
life saving is the prime concern. Attorney Spiecer told the Board
that they were addressing State Building Code issues.
A brief discussion took place on sprinklers.
The Chairman tabled this issue at 8:55 p.m.
6 Woodberr¥ Lane - Special Permit - Watershed District
John Simons read the notice of decision from the Zoning Board of
Appeals. No variance was required, addition is less than 50% of
the existing structure.
The Board was given a draft decision from the Town Planner,
Christian Huntress.
Mr. Rennicke had question on Condition #3 and Condition #10.
Condition #3 - Conditions have to be placed on the plans before the
Board will sign them. Condition #10, hay bales have to be checked
by the Conservation Commission.
Members of the Planning Board asked that number 5 of the Finding of
Facts be made clearer, stating exactly why the Board was approving
this special permit, which is because the applicant is tying into
the sewer system.
Jack Graham arrived at 9~O5 p.m.
George Perna updated Mr. Graham on what was before the Board.
A motion was made by Erich Nitzsche that the Planning Board approve
the Special Permit for construction in the Watershed Protection
District under the Zoning Bylaw, Section 4.135 for Patricia
Rennicke, 6 Woodberry Lane, in accordance with the draft decision
before the Board and amending Finding of Facts, #5, to reinforce
that the applicant is eliminating an on-site sanitary septic system
and tying into the sewer system which is one of the reasons the
Planning Board is approving this application. And within the same
motion, make a motion to close the public hearing. The motion was
seconded by John Simons and voted unanimously by those present.
318 Salem Street - Special Permit - Watershed District
A motion was made by John Simons to close the public hearing and
take the matter under advisement. The motion was seconded by Erich
Nitzsche and voted unanimously by those present, including the
Chairman.
Attorney Spiecer would like to know the time frame on this permit.
George Perna suggested that the applicant file for a Special Permit
for a Common Driveway.
2070 Salem Turnpike - Site Plan Review
Christian Huntress told the Board that he did not know the status
of this application. Time runs out on April 27, 1990 for the
protecting of the zoning. There is also a twenty day appeal
period.
Erich Nitzsche wants the drainage issues addressed.
A motion was made by John Simons to close the public hearing, take
the matter under advisement and direct staff to draft a negative
decision. The motion was seconded by Erich Nitzsche and voted
unanimous by those present, including the Chairman.
South Bradford Street - Special Permit
Christian Huntress, Town Planner has told the applicant that an
extension is needed. Town Counsel is to get back to the staff with
some answers.
John Simons stated that the applicant should have gone for a
variance under the old Zoning Bylaw, for 25' from a tributary.
Town Counsel is drafting a settlement.
George Perna expressed some concerns~
2.
3.
4.
Can the Board act on something that is in litigation?
Are they grandfathered for septic systems?
The lot lines are not the same.
A Form A is needed.
The issues were tabled to 9~45 p.m.
applicant was present.
until the attorney for the
Discussions
Hazardous Material Definition
Bill Dolan, Fire Chief was present to discuss the new definition of
Hazardous Materials. He will speak at Town Meeting on this
article.
Also present was Donald Fountain. Mr. Fountain spoke on oil tanks
presently not allowed. This will now be allowed but they will have
to be doubled lined. Chief Dolan stated that the maximum allowed
will be 1,0OO gallons with concrete vault, fiber glass lined,
double and electronic monitoring devices.
South Bradford Street - Special Permit
John McGarry arrived at 9:40 p.m.
Mr. McGarry stated that a proposal for settlement has been ready
since last June.
George Perna, Chairman, suggested that a meeting be set up with
Town Counsel and Mr. McGarry to get the settlement in a timely
manor.
A motion was made by Erich ~itzsche to accept and extension to May
31, 1990 and place the matter on the May 17, 1990 agenda. The
motion was seconded by John Simons and voted unanimously by those
present, including the Chairman.
Siqn Plans
Orchard Hill Commercial Development - Osgood Street
The Planning Board signed the plans.
Bond Issues
French Farm
Christian Huntress, Town Planner, updated the Board on the Bond
issue for French Farm. The applicant would like a 10 day notice
when money is to be expended. A motion to that affect is in order.
Howard Spiecer, Attorney for the applicant was present.
Christian Huntress told the Board that on January 3, he had asked
the applicant for information and by mid-February there was still
no response. An additional three weeks was given to the applicant.
Some issues still pending:
2.
3.
4.
drainage
easements that were not recorded
suit has been filed by residents
$15,OOO being held for maintenance on pump station, not
part of subdivision.
Howard Spiecer asked that before any money is spent, that he be
notified. He also stated that some of the issues were not covered
under the bond. Christian Huntress will review the original plans
that were signed.
A motion was made by Erich ~itzsche to grant a 10 day notice to
Barker Street Trust, Ben Osgood, Trustee and Howard Spiecer,
attorney for the applicant. The motion was seconded by John Simons
and voted unanimously by those present, including the Chairman.
Other Matters
A motion was made by Erich Nitzsche to have Safe n' Sound come in
for being in violation of the lighting on the site at Turnpike
Street. The motion was seconded by John Simons and voted
unanimously by those present, including the Chairman.
The Board requested that the Town Planner, Christian Huntress, look
up the decision and pull the plans on J.N. Phillip Glass.
A motion was made by John Simons to adjourn the meeting. The
motion was seconded by Erich Nitzsche and voted unanimously by
those present, including the Chairman.
The Planning Board adjourned the meeting at 10:15 p.m.
George Perna, Jr., Chairman
anet L. Eaton, Secretary