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HomeMy WebLinkAbout1990-08-28The North Andover Planning Board Held a regular meeting on August 28, 1990 in the North Andover Senior Center behind Town Hall. The' meeting was called to order at 7:40 p.m. by the Chairman, George Perna, Jr. Also present were Joseph Mahoney and Robert Ercolini. John Draper arrived at approximately 8:30 p.m. John Simons was absent. Discussions SanLau Realty - Messina's Christian Huntress, Town Planner, updated the Board on this discussion. Ann Messina was present and spoke to the Board on the progress that has been made on having an appraisal done. Ms Messina will give the Board a copy of a letter from the Bank. Christian Huntress will draft a letter listing the Board's concerns. The item will be placed on the September 27, 1990 agenda. retaining wall has to be completed by November 30, 1990. Tucker Farm Bond The Christian Huntress stated that Karen Nelson, Director of Planning and Community Development and James Gordon, Town Manager, have put together an agreement with the developer, James Philbin. Robert Ercolinl read a memo from Karen Nelson to George Perna on pulling the bond. The developer has agreed to the Board pulling the bond so that the subdivision can be completed. James Philbin was present at the meeting. A motion was made by Robert Ercolini to start the proceeding on pulling the bond on Tucker Farm Subdivision. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Jeffrey Place - Bond Issue Christian Huntress briefed the Board on the issue. The proper paper work was not submitted. A letter was sent to the applicant, return receipt, with no response. The applicant had submitted papers for the transfer of those funds. Robert Ercolini read Chris Huntress' letter to the applicant. A motion was made by Robert Ercolini not to transfer funds until the proper paper work is submitted to the Board. The motion was seconded by Joseph Mahoney and voted unanimously by those present. A motion was made by Robert Ercolini not to release any funds until the proper paper work is submitted to the Board. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Waqon Wheels - Extension Christian Huntress stated the he has gone through the files and the conditions placed on the subdivision. There are still a lot of conditions that have not been addressed. Any changes will have to be addressed in a Modification of the Subdivision. A motion was made by Robert Ercolini to deny the request for an extension at this time and request that the applicant come to the Board with a modification on the subdivision within 180 days. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Whippoorwill Preliminarv Subdivision Christian Huntress stated that he had sent a letter to Town Counsel on Whippoorwill Preliminary Subdivision. Robert Ercolini read that letter. A motion was made by Robert Ercolini to accept an extension to September 30, 1990 and continue the discussion to September 13, 1990. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Lot B Great Pond Road Christian Huntress, Town Planner, stated that this case was similar to that of South Bradford Street. John McGarry, attorney, stated that the land was purchased in 1984. At Town Meeting the jurisdiction of the Special Permit Granting Authority was changed from the Planning Board to the Zoning Board of Appeals. The Planning Board refused to act on the application and directed the applicant to go before the Zoning Board. There was some confusion on who was to grant the Special Permit. The applicant has an order of condition from the Conservation Commission and a valid septic system permit. The only thing needed is a Special Permit from the Planning Board. Plans were given to the Planning Department and shown to the Board. George Perna asked if it would meet the current Bylaw for the Watershed District. John McGarry stated that the requirement of 325 feet from a tributary could not be met. It is 1OO feet from a tributary. Christian Huntress is to contact Town Counsel on how to proceed so that the issues can be resolved. A brief discussion took place on a sewer and the possibility of hook-up when it becomes available. Christian will also contact D.P.W. to look into the sewer issue for options. George Perna asked Chris to draft conditions similar to those of South Bradford Street, for the next meeting of September 13, 1990. Phase II & III of Sewer Extension The issue was tabled. Berry Street - ANR Plan The issue was tabled. John Draper arrived at approximately 8030 p.m. Approvals Not Required Form A Plans Appleton Street - Resigning A motion was made by Robert Ercolini to resign the Form A Plan. The motion was seconded by Joseph Mahoney and voted unanimously by those present. Great Pond Road - Creating 4 Lot- John Draper read a letter from Richard Doucette, Administrator. Conservation A motion was made by Robert Ercolini to sign the Form A Plan. The motion was seconded by John Draper and voted unanimously by those present. Public Hearings Angus Realty Corp. - Site Plan Review John Draper read the legal notice to open the public hearing. Christian Huntress, Town Planner, gave the Board some history on this particular application. The applicant was denied Site Plan Approval on seven points. The applicant appealed and has addressed the seven issues. Draper read the seven points for the denial. John Christian Huntress gave the Board copies of a draft decision for their review. The Board requested that on Condition #15 the following be added~ "and shall be posted prior to the issuance of a building permit for this site." Frank Ragonese, abutter, expressed his concerns relating to issues that he felt were not addressed. He also questioned the amount of bond to be established and the form that the Board requested. Mr. Ragonese questioned screening and landscaping for the site. Questions were raised by Mr. Ragonese on the length of time the applicant has to start construction. A motion was made by Robert Ercolini to close the public hearing; rescind the Planning Board's previous denial and vote to approve the Site Plan Review subject to the 27 conditions. The motion was seconded by Joseph Mahone¥ and voted unanimously by those present. Great Pond Road - Gonsalves - Special Permit Watershed District John Draper read a letter from Hayes Engineering regarding revised plans. Christian Huntress, Town Planner, updated the Board on this application. He stated that the proposed is within 250 feet of the lake and within 1OO feet of two tributaries. John Draper read a letter that was sent to Hayes Engineering from Christian Huntress, Town Planner, listing concerns the Board had with the proposed site. Deborah McCartney, Hayes Engineering, spoke to the Board on revised plans. The main concern of the Board was water quality of the site and mitigation of run-off. The type of system and design to be used was discussed in length. Also discussed was run-off from the structure. The Board requested that a gravel driveway be used, not a paved driveway. There will be no septic systems on the site. The proposed would be hooked up to the sewer. Dennis Ackerman, representing the Conservation will be requiring the maintain it properly. applicant, stated that owner of the property to Christian Huntress expressed his displeasure with the revised placement of the structure. A brief discussion took place on the proposed location of the structure and the footprint of the building, as well as a dry well. Christian Huntress will send a letter to the engineer with issues that still have to be resolved. A motion was made by Robert Ercolini to continue the public hearing to September 27, 1990. The motion was seconded by Joseph Mahoney and voted unanimously by those present. 129 Main Street - Site Plan Review Christian Huntress, Town Planner, updated the Board on the plans before them. The applicant supplied the Board with a list of their concerns that were brought out at the last meeting. Those concerns were, 1. signs 2. lighting 3. odor 4. number of employees 5. hours of operation 6. traffic generated Joseph LaGrasse spoke to the Board addressing the issues. Signage~ The exterior mounted sign proposed will replace the sign that was previously mounted over the front door. The sign will be either metal or plastic, not illuminated from the interior, and wall mounted in the same exterior location so that the existing sign light may be utilized. The size will be 2' 0" high and approximately 8'-0" long. m Lighting: The tenant will utilize the existing cantilever lighting over the proposed sign. Also the tenant will mount a new entry way exterior wall mounted light fixture over the doorway· No other lighting will be added or changed. Odor Control: The food preparation area will have a stainless steel hood and exhaust system that will contain all kitchen fumes and direct the fumes through the roof above the food preparation area. Number of Employees: The total number of employees at peak hours of operation will be three (3). All employees will park if required off site in the municipal parking lot. Hours of Operations The China Wok will be open to the public from 11:30 am to 10:00 p.m. six or seven days per week. Traffic Generation= The China Wok will generate customers throughout the hours of operation. A good daily customer order count will be 12 orders per hour for non peak hours (2~O0 p.m. to 6,00 p.m. and 8=00 p.m. to 10500 p.m.} The bulk of orders will be made at peak times. The anticipated peak hours are 2 hours Monday through Friday 12,00 noon to 2,00 p.m. and 2 hours in the evening 7,00 p.m. to 9:00 p.m. in summer or 6~00 p.m. to 8:00 p.m. in winter. Saturday and Sunday are non-peak times totally except for Saturday evening 7:00 p.m. to 9:00 p.m. The peak time customer count is anticipated to be approximately 40 orders or + 20 orders per hour for a 2 hour duration. It is anticipated that a small percentage of orders will be walk in customers that would be doing business on Main Street. Most orders will be call in orders establishing a very low rate of parking time per customer. Non peak operation generating an average of 12 orders per hour will generate the use of one or two parking spaces every 5 minutes· Call in orders will yield a waiting time of 3 to 5 minutes allowing for overlap and waiting times non-peak operation will require 3 spaces for a good solution considering call in orders, drive-in orders and walk-in non vehicular orders· Peak hours or lunch and dinner time the customer count will almost double to approximately 20 orders per hour. In the peak hours, it will be anticipated that lunch and dinner customer have limited time, therefore foot preparation revolves around a fast in/out time. Call in orders will be served within a customer waiting time of 3 minutes. Drive-in orders will be served within a waiting time of 5 minutes· Allowing for overlap and walk-in customers, 4 parking spaces will allow an average circulation of patrons throughout the 2 peak hours. John Draper read the following memo from the Fire Department~ "The Fire Department is not in favor of the parking plan as submitted. There are enough parking problems now with the business located in the front half of the building. The parking plan submitted will further complicate this problem. We are citing CMR 527 Section 25~02 and Section 25~03 to back up our opposition to this plan." A traffic study will be done for the hours of operation only. A letter will be sent to the applicant with the Pire Department's concerns. Robert Ercolini emphasized the need for appropriate filters in the establishment because of the neighborhood being so congested. Vincent Landers, owner of property on School Street, expressed his concerns with the parking along School Street. A motion was made by Robert Ercolini to continue the public hearing to September 27, 1990 and sent letter to the applicant with the remaining issues. The motion was seconded by Joseph Mahoney and voted unanimously by those present. 138 High Street - Pitochelli - Special Permit Congregate Housing John Draper read a letter that was sent to the applicant from Christian Huntress, Town Planner, with the Board's concerns. Michael Stella, representing the applicant, spoke to the Board on the concerns that were raised at the last meeting. Hr. Stella gave a presentation of photos of the area along with the proposed structure. A discussion took place on the method used to photograph the site with the existing buildings superimposed over what the applicant is proposing. Howard Speicher, attorney, spoke to the Board on the perspectives of the site and the surrounding area. The Board will review all the information provided. A site visit will be scheduled. Posts will be placed on the site 75 feet back from the street and 29 feet high. There is a deadline of September 5, 1990, an extension will be needed. Robert Ercolini asked that Christian Huntress consult with Town Counsel on a restrictive covenant with regards to parking. An extension will be granted to October 5, 1990. A site walk is scheduled for Saturday, September 22, 1990 at 9~30 p.m. A motion was made by John Draper to accept an extension to October 5, 1990, continue the public hearing to September 27, 1990 and direct Christian Huntress to send letter to the applicant on the concerns of the Board. The motion was seconded by Robert Ercolini and voted unanimously by those present. Lot 25 Great Pond & Lot 28 Great Pond Road Special Permits - #atershed District Robert Ercolini raised question on the report that was done by I.E.P. The greatest concern is if a sewer can be brought up Great Pond Road to the proposed site. Members of the Board asked Christian Huntress, Town Planner, if there was any guarantee that there would be a sewer in twenty years. Christian Huntress stated that he could not guarantee that a sewer would be brought down Great Pond Road. A lengthy discussion took place on the septic systems and possible hook-up to a sewer if and when it becomes available. Also discussed were draft decisions for both lots. Condition #16 will be redrafted for performance standards monitoring wells. Security will be posted by the owner in the amount of $10,000 for each of the lots. A motion was made by Robert Ercolini to continue the public hearing to September 13, 1990, decision will be made at that meeting. Condition #16 will be redrafted as discussed. A meeting will be set up with I.E.P. to go over their report. The motion was seconded by John Draper and voted unanimously by those present. Bond Releases Hawkins Lane A motion was made by Robert Ercolini to ~release $18,OOO as per recommendation from the Division of Public Works. The motion was seconded by Joseph Mahoney and voted unanimously by those present. French Farm - Release Interest A motion was made by John Simons to release the interest on French Farm. The motion was seconded by John Draper. In favor of releasing the interest were John Simons, John Draper, Joseph Mahoney and George Perna. Robert Ercolini abstained. Brookview Definitive Subdivision Modification Christian Huntress, Town Planner, stated that Brookview Definitive Subdivision was a constructively approved subdivision approximately six months ago because the Planning Board failed to act. An agreement has been worked out with their lawyers and our Town Counsel. A petition to amend, modify or rescind the constructive approval has been filed so that conditions can be placed on the subdivision. .The a draft set of conditions to be added were given to the Board to review. There is a September 8, 1990 deadline for filing the conditions. In addition to the conditions listed in the draft, all D.P.W. concerns will be added to the draft. A major concern of the Board was a commercial road going onto a residential street. The parcel has been grandfathered under General Business. A condition will be added to the draft decision on the road accessing to Brook Street, not Farnum Street. Christian Huntress is to contact the owners to see if an extension will be granted. A motion was made by John Draper to close the public hearing. The motion was seconded by Robert Ercollni and voted unanimously of those members voting. George Perna abstained. Discussion Planning Board Meeting Member of the Board expressed concerns on the lengthy meetings. A suggestion was made by Robert Ercolini to start the meetings at 7:00 p.m. rather than 8~O0 p.m. A motion was made by Joseph Mahone¥ to adjourn the meeting. The motion was seconded by John Draper and voted unanimously by those present. The Planning Board meeting adjourned at 1~50 a.m. George Perna, Jr., Chairman ~ar¥