HomeMy WebLinkAbout1990-09-13The North Andover Planning Board held a regular meeting on Thursday
evening, September 13, 1990 in the Town Hall, Selectmen's Meeting
Room. The Meeting was called to order by the Chairman, George
Perna, at 7~15 p.m. The following members were present, John
Draper, Robert Ercolini and Joseph Mahoney. Also present at the
meeting was Karen H.P. Nelson, Director of Planning and Community
Development.
A motion was made by Robert Ercolini to go into Executive Session
to discuss Lot B Great Pond Road. The motion was seconded by
Joseph Mahoney and on a roll call vote~
John Draper ,- Yes
Robert Ercolini - Yes
Joseph Mahoney - Yes
George Perna - Yes
the Planning Board went into Executive Session to discuss Lot B
Great Pond Road. Upon completion of the Executive Session the
Planning Board will open the meeting to the public.
At approximately 8~00 p.m.came out of Executive Session.
John Simons arrived at 8~O0 p.m.
Discussions - Decisions
Lot 25 and Lot 28 Great Pond Road - Special Permit
Copies of the report from I.E.P. and draft decisions were given to
the Board members.
Robert Ercolini asked that the Betterment Assessment be worked into
the Condition #12.
Monitoring for nitrates in the location of the wells will be added
to the draft decision.
Robert Ercolini spoke on a bond being set up to ensure that the
septic systems work properly, in an amount to be determined,
payment of 50% at the time of building and 50% at the time of
occupancy. Mr. Ercolini suggested the amount of $25,000 per lot.
Karen Nelson, Director of Planning & Community Development, will
look into the cost.
A lengthy discussion took place on septic systems and the
possibility of failure of these systems, as well as monitoring the
systems. Also discussed were the costs of bringing a sewer to the
area.
The Board recapped a few of the issues,
Condition #14 - regarding fertilizers
Condition #16 - needs to be reworded adding prior to construction
Condition ~18 - monitoring nitrates in well locations
Condition #12 - Betterment assessment
The will be a no cut restriction in the deed.
John James, attorney for Mr. Home, spoke to the Board on the
feasibility of pulling an occupancy permit once a person has moved
into a dwelling. He also talked about closing on a particular
parcel, in that, buyers are asked to read conditions placed on a
particular lot or subdivision and if they understand those
conditions before buying the property.
A motion was made by Robert Ercolini to approve both Special
Permits with the amount of $20,000 and with the conditions before
the Board. The motion was seconded by John Simons.
A discussion took place on the dollar amount placed on each lot.
John Draper wanted verifications and reasons.~ The costs of
replacement, legal fees, engineering fees, testing, monitoring and
any additional areas of mitigation to protect the Town's water
supply.
John Draper amended the motion by adding the costs as discussed.
The motion on the amendment was seconded by Joseph Mahoney.
Rationales will be established for deriving a reasonable figure of
the bond amount with the Division of Public Works, Staff and the
Board of Health.
The Chairman asked for a vote on the amendment. The Board further
discussed the amount of the bond and whether to set the figure now
or wait for input from staff, D.P.W. and the Board of Health.
The amendment was read again by Karen Nelson, Director of Planning
and Community Development.
"To establish the rationale for deriving a reasonable figure
of bond amount with the D.P.W., Staff and Health Officials to
include areas such as replacement of system, legal,
engineering, testing monitoring and any other additional areas
of mitigation measures, to be in Condition #16."
The vote of the amendment was:
John Draper - In Favor
Joseph Mahoney - In Favor
Robert Ercolini - Opposed
John Simons - Opposed
George Perna - In Favor
The amendment passed.
On the main motion to approve the both Special Permits and as
amended. The amount in the main motion was taken out with the
amendment. An emergency meeting will be called within fourteen
days if there is a problem with the condition as written. Robert
Ercolini withdrew the main motion. A motion was made by John
Draper to approve both Special Permits and have staff provide
rationale information deemed necessary for the Town to protect its
interest and recommend an amount or range of amounts that will
provide the foreseeable services to protect the Town. The motion
was seconded by Robert Ercolini. The motion was voted unanimously
by those present.
The Chairman asked staff to check the number of days in which the
Board must act on Special Permits. Whether it is 90 days from the
opening of the public hearing or 90 days from the close of the
public hearing.
Erich Nltzsche Recoqnition
The Chairman stated that there was old business that had to be
taken care of but was not on the agenda.
George Perna asked Mrs. Erich Nitzsche to step before the Board.
He present her with some roses for her patience with Erich being
called to Board meetings. He then asked Erich Nitzsche to step
forward and present him with a plaque for his dedicated service to
the Town, the Planning Board and Staff.
Erich Nitzsche expressed his thanks to the Board.
Whippoorwill Preliminary Subdivision
Thomas Neve, engineer, stated that the Board had been given a draft
of a decision approximately two weeks ago.
Staff was waiting for a response from Town Counsel. Karen Nelson,
Director of Planning & Community Development, stated that the
question that was asked of Town Counsel was misunderstood. Ms
Nelson stated that her has a call into Town Counsel for
clarification. The question was how the rezoning of the land to
two acres would affect the old subdivision, approved in 1978, and
the conditions that were placed on that and a totally new filing of
two acres/per lot subdivision versus the old. Tom Neve stated that
more importantly, that the purpose of the 1978 subdivision was to
allow one house built on a 9 acre lot without sufficient frontage.
The applicant is asking for a modification in her letter. Tom Neve
stated that the original subdivision was five (5) lots. The
conditions stated that two of the five lots would be fore open
space, two lots could not be built upon until the road was brought
up to town standards and one lot could be built upon, serviced by
a driveway. Lots 2 and 3 were reserved for open space.
George Perna suggested that staff, and Tom Neve get together to
review and get reasonable solution in the interest of the Town and
the applicant and have John Simons represent the Board.
The Chairman asked for such a motion. Robert Ercoltnt so moved
that staff, Tom Neve and John Simons will review the situation in
an attempt to effect reasonable solution to the interest to the
Town and the interest of the applicant and come up with an order of
conditions that would be appropriate that would satisfy everyone.
The motion was seconded by John Draper and voted unanimously by
those present.
An extension was granted on the time in which the Board has to act
on the preliminary subdivision application.
Approval Not Required Form A Plans
Berry Street
Robert Ercolini left the meeting and did not vote on the Form A
Plan for Berry Street.
A motion was made by John Simons to approve the Form A Plan on
Berry Street. The motion was seconded by John Draper and voted
unanimously by those present, being, John Simons, John Draper,
Joseph Mahoney and George Perna.
Bond Releases
Patton Lane - Salem Forest II
A motion was made by John Simons to release $11,000 subject to the
Director, Karen Nelson, reviewing for easements and the order of
conditions. The motion was seconded by John Draper and voted
unanimously by those present.
Campion Hall
The developer has not work on the subdivision since 1987. There is
a punch list with 25 items that need to be addressed. A motion was
made by John Draper to pull the bond for Campion Hall. The motion
was seconded by John Simons and voted unanimously by those present.
Discussion
Phase II & Phase III of Sewer
George Perna asked Bill Hmurciak to show the Board the different
phases for the sewer.
Phase I is a gravity sewer that is going to the Water Treatment
Plant on Great Pond Road, starting on Pleasant Street near the Town
Beach. Phase I is now under construction.
Phase II will be from Dr. Scully property to the end of Phase I
with gravity sewers to Rolling Ridge driveway, covering Brentwood
Circle and a portion of Bridle Path plus a cross country sewer.
Phase III is the entire area that is not sewered beyond Phase II.
The area of which is Essex Street, Apple Hill Area, Woodcrest Area,
Morningside, Meadowview, Ferncroft, the rest of Bridle Path, and
areas out on South Bradford Street.
George Perna asked Bill Hmurciak to show the Board all the areas
that were sewered. Bill stated that the downtown area was sewered,
Route 114 to Hillside Road, with a pumping station on Flagship
Drive and Willow Street, Osgood Street to French Farm Area,
including Barker Street. There is a sewer up Johnson Street to
Sutton Hill Road, through the back of Marbleridge Road past the
cemetery, to Kara Drive and Sandra Lane. Hollyridge has a pumping
station which pumps to Mark Road.
George Perna asked about Route 114 near Boston Hill going South
towards Middleton. Bill Hmurciak stated that there was a
consortium established for further development along Route 114.
A lengthy technical discussion took place on sewers.
The Board discussed a special permit along Great Pond Road that was
denied for various reasons. The question of the Zoning Board of
Appeals granting variances within 100' or 250' for septic systems.
Karen Nelson, Director of Planning & Community read from the Zoning
Bylaw. John Simons suggested that Raymond Miyares, attorney and
Joel Bard, Town Counsel both be contacted for the correct
interpretation and intent of the Bylaw.
Lot 25 and Lot 28 Special Permits - Watershed District
John James, attorney for Mr. Horne, reappeared for reconsideration
of the Special Permits for Mr. Horne. His client will accept the
figure of $20,000 per lot.
The Chairman asked the Board to voted on the Special Permit.
A motion was made by Robert Ercolini to approve the Special Permits
as discussed previously, subject to the same conditions and bonds
in the amount of $20,000 per lot, with 50% at the beginning of
construction and 50% at the issuance of an Occupancy Permit. The
motion was seconded by Joseph Mahoney. In favor of the motion were
Robert Ercolini, Joseph Mahoney and John Draper. John Simons
opposed the motion. The Chairman voted in favor of the motion.
A motion was made by John Draper to adjourn the meeting. The
motion was seconded by John Simons and voted unanimously by those
present.
The meeting adjourned at approximately 10~30 p.m.
George Perna, Jr., Chairman ~net L. Eaton, Secretary