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HomeMy WebLinkAbout1991-03-28The North Andover Planning Board held a regular meeting on Thursday evening, March 28, 1991, in the Town Building, Selectmen's Meeting Room. The meeting was called to order at 7,45 p.m. by the Chairman, George Perna. The following members were also present: John Draper and Joseph Mahoney. John Simons and Richard Nardella were absent. John Draper was asked to be Acting Clerk. Discussion Merrimack Valley Planning Commission John Draper, member of the Merrimack Valley Planning Commission, gave his report to the Board. He stated that there was approximately $1,200 worth of assistance left for the Town of North Andover to use from the Commission. Christian Huntress, Town Planner, stated that he and Karen Nelson, Director of Planning & Community Development discussed a federal housing fund and that it could be used for one of the requirements, a Community Mousing Assessment, which would look at the needs of the commUnity as a whole, with regard to the type of housing that could be built in Town. George Perna stated that there was a committee already established for the Town's housing needs and asked Christian Huntress to check with the Director. Claypit Hill - pRD - Rosemont Christian Huntress showed the members of the Board not familiar with the project the location. George Perna stated that it was geared to the high end market. John Nolan stated that there were originally 44 house proposed ranging from $300,OO~ to $400,00. Mr. Nolan stated that he has a buyer for the property and has the following revisions to the plans, 1. reducing the number of lots from 44 to 40 2. reducing the length of the roadway 3. reducing the footprint of the buildings. George Perna asked about the open space. Mr. Nolan stated that there was still more than 35% of open space. John Draper questioned the 50% not cut zone. Christian Huntress stated that the project should go before the Technical Review Committee to address the following issues, 2. 3. 4. 5. house locations grading no CUt zones wants Pire Department and D.P.W. to review roadway to be private, not public. George Perna stated that the roadway should be to Town standards even though it would be a private way. He did not want to wait twenty years for a petitioner to come before the Town and asked that it be made a public way, when the roadway was constructed as a private way and not to Town standards. Public Hearings Hickorv Hill - Definitive Subdiv2sion John Draper read the legal notice to open the public hearing. Christian Huntress~ stated that at the last meeting the Board approved the Modification of the PRD for Hickory Hill Estates and that after extensive review it was determined that a Definitive Subdivision Plan was required to record the individual lots at the Registry of Deeds. Christian Huntress further stated that he had a draft decision, geared towards a definitive subdivision. A1 Shaboo, Design Engineers, spoke to the Board on the subdivision plan, stating that the plan formally creates the lots for the approved PRD. The question of the covenants has been sent to Town Counsel for an opinion on the legality of adequacy. Christian Huntress stated that he would get Town Counsel opinion in writing. George Perna asked if there were any issues that had to be addressed. Christian Huntress stated that the only issue was the covenants. George Perna reminded the Board that this was for Phase I only and that Phase II would have to go through the same process. A.motion was made by John Draper to close the public hearing and take the matter under advisement. The motion was seconded by Joseph Mahoney and voted unanimously by those present, including the Chairman, George Perna. Christian Huntress stated that since the roadway would be private it was necessary that some of the conditions in the draft decision be changed. Condition #1 to read, "Certification by Design Engineers", not the D.P.W. Condition $3, there will be no bond required as this is a private way but As-Built Plans are still required. George Perna had concerns with the roadway being up to Town standards for Fire Department accessibility and the need for a bond. Christian Huntress stated that before sign of for an occupancy permit it has to met the requirements of the Fire Department. A1 Shaboo stated that there was a condition in the draft that approval was needed from all agencies. Christian Huntress went on to say that under M.G.L., a bond was not required for private ways. George Perna wanted a condition in the decision regarding the As- Built Plans be reviewed before any occupancy permits were issued. Christian Huntress stated that D.P.W. has to sign off after the roadway is up to binder. No occupancy permit will be issued until the road is up to binder. The D.P.W. has to review the As-Built Plans once the roadway is up to binder and will not sign off until such time. George Perna wanted to be sure that everything was in order and that the Town would not get stuck with an uncompleted subdivision with houses built and no money for the Town to complete the subdivision. A motion was made by John Draper to approve the conditions as written, discussed, modified and amended for a Definitive Subdivision for Hickory Hill Estates, dated March 11, 1991, prepared by Design Engineers. The motion was seconded by Joseph Mahoney and voted unanimously by those present, including the Chairman, George Perna. Beechwood Hill - Definitive Subdivision John Draper read the legal notice to open the public hearing. Christian Huntress stated that D.P.W. had concerns regarding the construction of the roadway. The applicant had discussed having the roadway public. Phil Christiansen, Engineer, of Christiansen & Sergi, spoke to the Board. The location of the proposed project is on Osgood Street, at Alco Switch. The total acreage is 21.5, 10 of which will be left as residential with no plans to develop. There is a drainage system in existence. There will be Town water Septic systems are proposed. The grade of the roadway is 10% and has been in existence for approximately 15 years. The developer is keeping the roadway as it is, but curbing will be installed. The applicant has filed with Mass. D.P.W. District 5, as the curb cut is for a driveway, not a roadway. George Perna wanted to see where the abutters where in relation to the proposed. Phil Christiansen showed him the Lotlng Sheet. George Perna expressed concerns with Lot 4, which is residentially zoned, having an industrial road going into a residential zone. He wanted the developer to look at the residential zone closely in relation to the industrial zone. John Draper stated that one of the major concerns with abutters is a residential zone abutting an industrial zone. John Draper suggested that the residential lot , Lot 4, be used for open space. Phil Christiansen stated that no parking or building could be placed w/thin 100 feet of the abutting residential zone. George Perna asked for input from any abutter. Bill Hansen, 103 Bradford Street, stated that before buying the property, he checked the zoning and where those lines were located. He further stated that it seemed that those lines have moved. A1Contarino, owner of the property, spoke on the configuration of the parcel. George Perna wanted to see on the plans, exactly where the houses where located. George Perna stated that the Town was very sensitive to the issues when a residential area abuts an industrial zone. The Board would review each lot individually when development begins t~.ough Site Plan Review. George Barker, 1267 Osgood stated that there may be a possible solution to Lot 4. The property next to this lot is owned by his sister and there may come a time when she would want to develop her parcel, zoned residential, which would give access to Lot 4. Donald Ringwood, 1503 Osgood Street, wanted to know Where the buildings where going to go in relation to the brook. Phil Christiansen stated that he has been to conservation and received a negative determination and has a letter to that effect in his file. He showed Mr. Ringwood where the brook was in relation to where the buildings may go. Albert Lebel, 97 Bradford Street, stated that he was opposed to the development of the area because of lighting on the property and the possible noise. George Perna reminded Mr. Lebel that a person has the right to develop his property. A site visit will be set up for the Board members. George Perna asked that the end of the cul-de-sac be staked out, as well as where the 100 foot mark from the residential zone and where a building would be placed. George Perna wanted a day and night site visit to see the effect. Mr. Contarino questioned the size of the industrial zone stated that in the past fourteen years he believes that the line has diminished. Edward Caselden, 48 Patton Lane, who works with Mr. ContariBo, asked if it would be feasible to offer or make a portion of the land undevelopable. George Perna stated that it would have to go before a Town Meeting. · A motion was made by John Draper to continue the public hearing. The motion was seconded by Joseph Hahoney. Christian Huntress went over a list of concerns~ 1. Wants input from Town D.P.W. and State D.P.W. on the access. 2. Review layout of abutting residential property with location of structures. 3. Find dates of zone changes. 4. Possibility of land grant. 5. Public Road vs Private Way 6. Schedule site visit. The vote was unanimous by those present, including the Chairman, George Perna. 476 Great Pond Road - Special Permit Watershed District - Mieburqer The issued was tabled as there were only three members present. Dale Street - Special Permit Watershed District - October Trust The issue WAs tabled as there were only three members present. 8iqn Plans Whippoorwill Definitive Subdivision The Board signed the plans. Christian Huntress stated that the plans will be held until a copy of the Open Space Restriction has been recorded and provided. Richard Nardella arrived at approximately 9:30 p.m. 476 Great Pond Road - Special Permit Watershed District - lieburqer John Draper read the legal notice to open the public hearing. Christian Huntress, Town Planner, stated that the Planning Board approved a Form A Plan for the lots, after a variance was granted from the Board of Appeals. Ed Nieburger, applicant, stated that there was a care takers cottage on the site the he wanted to use as a guest house. He further stated that he wants to build a home for he and his wife on the site. It was then necessary to divide the lot. Christian Huntress stated that the proposed was in the Watershed Protection District and the applicant will be on sewer, not a septic system. A forced main will be used. The subject of the Special Permit is grading within the Watershed District, as well as construction of the sewer line within 100 feet of the non-disturbance zone of a wetland. George Perna stated that he was in favor of a project that would eliminate septic systems so close to the lake, but at the same time minimizing the amount of digging and cutting. Bob Daley, Merrimack Engineering, was present and went over the plans with the Board. A motion was made by John Draper to continue the public hearing and direct staff to draft a decision. The motion was seconded by Richard Nardella and voted unanimously by those present. Discussions Village Commercial Christian Huntress, Town Planner, stated that he had invited the people involved in the Angus Realty Corp. to the discussion on the Village Commercial District and how it relates to their site on Route 114. Jim Bourgeois gave the Board some history on the rezoning of the parcel and most recently, the Special Town Meeting in January that changed the required lot size. Angus Realty Corp. was in the process of petitioning the Town to rezone their land at the last Annual Town Meeting but withdrew their petition. The Board, as a whole, will be looking into the Village Commercial concept and the entire Route 114 corridor. Jim Bourgeois went on to say that this concept came before the Board in 1987, with the Farnum property as the Village Commercial District. The Balanced Growth Committee had a study done on the area and came up with the site for the Village Commercial District. There are substantial wetlands running through the middle of the site, making it difficult for development. In 1989 the Village Commercial District lines were changed from the center of the property, which formed a box, to a strip along Route 114, using the natural wetlands as a buffer between the residential district and any commercial development. The property owned by Angus Realty Corp. has three zoning districts on it, those being General Business, Residential-3 and Village Residential. The owners want it rezoned to Village Commercial. The question before the Board is whether to expand the Village Commercial District to a few areas or several areas along Route 114. Jim Bourgeois had a map of the Route 114 corridor, showing the present zoning and the present uses. Looking at the area and the size of the different parcels, it would be very unlikely that there would be any large shopping areas along the Route 114 corridor. The most likely area for any Village Commercial development would be in the Johnson Street, Brook Street area. George Perna mentioned other possible sites, those being at either end of Berry Street or Sullivan Street. George Perna stated that there were a few developments in New Hampshire, in the Manchester and Bedford area, that were attractive looking in their concept of a village commercial area. Jim Bourgeois had photos of developments in Sudbury and Wayland showing a different concept of the village commercial area. The following topics were discussed briefly and will be looked intos 1. parking areas 2. buffers 3. topography 4. types of buildings The Board thank Jim Bourgeois for his input and the information he provided them. Jim Bourgeois thank the Board for their time and patience in his presentation. George Perna asked Christian Huntress is there were any other such proposals along Route 114. Christian Huntress stated that he had a brief discussion with a realtor on the Riparian Site, near the Equestrian Shop along Route 114. John Draper stated that the Merrimack Valley Planning Commission had passed out a report on the traffic count for Route 114 and would provide the Board with a copy of that report. Richard Nardella stated that the company he works for developed two different types of shopping area and neither of them are busy. One of the shopping areas has no signs letting the people know what type of stores are in the area. Some issues he brought up were~ location/for need accessibility safety for the shoppers George Perna stated that the real question is whether the Board, as a whole, wants several small Village Commercial Areas along Route 114 and just a few. Dale Street - Special Permit Watershed District- October Lane Trust John Draper read the legal notice to open the public hearing. Christian Huntress, Town Planner, informed the Board that no discussion would take place on this Special Permit because one more member was needed. Joseph Mahoney is listed as a Trustee of October Lane Trust and cannot vote on this matter and John Simons was absent. A motion was made by John Draper to continue the public hearing to April 11, 1991. The motion was seconded by Richard Nardella and voted unanimously by three of the four members present. Joseph Mahoney abstained. Discussions SDrina Hill Definitive Subdivision - Detention Pond Christian Huntress told the Board that they were still holding $10,000 of the bond which was designated for trees. There will be eight trees planted around the detention pond, at a cost of approximately $3,500. A motion was made by John Draper to release $6,000 from the bond, retaining $4,000. The motion was seconded by Joseph Mahoney and voted unanimously by those present. April Heetina Dates Christian Huntress reminded the Board that the regular meeting dates in April were the eleventh and the twenty-fifth. With the Annual Town Meeting in May he recommended that the Board also meet on April 18, 1991. The Board agreed. Subdivision Rules & Requlations Item tabled. Approval Not Reouired Form A Plans Sharpners Pond Road - Changing Lot Lines Christian Huntress, Town Planner, stated that previously a Form A Plan was approved by the Board for these lots. On the Form A Plan, some of the measurements read [. Those measurements were off by 30 feet. The signing of these plans will only help the owners of the property with accurate lot sizes. A motion was made by John Draper to sign the plans. The motion was seconded by Joseph Mahoney and voted unanimously by those present. A motion was made by John Draper to stamp the plans with the following~ "The above endorsement does not guarantee conformance to local zoning." The motion was seconded by Richard Nardella and voted unanimously by those present. Hinutes November 8, 1990, November 29, 1990, December 13, 1990, January 10, 1991 A motion was made by John Draper to approve the minutes. The motion was seconded by Richard Nardella and voted unanimously by those present. George Perna abstained on the minutes of January 10, 1991, as he was absent. A motion was made by John Draper to adjourn the meeting. The motion was seconded by Richard Nardella and voted unanimously by those present. The meeting adjourned at approximately 11~30 p.m. George D. Perna, Jr., Chairman