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HomeMy WebLinkAbout1988-09-08On September 8, 1988, the North Andover Planning Board canceled their scheduled meeting due to the lack of a quorum. The meeting was reecheduled for September 13, 1988 The North Andover Planning Board held a meeting on ?uesday evening, September 13, 1988 in the Town Hall, Library/Conference Room. The meeting was called to order at 8.01 p.m. by the Chairman, Paul Hedstrom. Also present were George Perna, Vice-Chairman; Erich Nitzsche and Michael Leary. John Simons, Clerk, arrived at 8:15 p.m. Public Hearinq Girl Scouts - Site Plan Review Erich Nitzsche read the legal notice to open the public hearing. Letters were received and read from the State D.P.W. and the applicant. The petitioner seeks a Special Permit under Section 8.3 of the North Andover Zoning Bylaw. The purpose of the Site Plan is to review the proposal to construct a 1,719 sq.ft, addition to an existing building for office/retail on land containing 49,400 sq.ft, on the north side of Route 114 in a Village Residential (VR) Zoning District. Scott Stocking, Town Planner, stated that the Board of APpeals has granted a special permit for the continuing of a non-conforming use and a variance of 1OO' setback regulation on Route 114. The applicant, in his letter, has asked for a continuance of the public hearing until September 22nd. A motion was made by George Perna to continue the public hearing until September 22, 1988. The motion was seconded by Michael Leary and the Board voted unanimously to continue the public hearing. Planninq Board Fee Structure Erich Nitzsche read the legal notice to open the public hearing. Scott Stocking, Town Planner, stated that the fees were increased about a month ago. Scott further stated that the fee for PRD Special Permit was raised from $25 to $150 filing fee, $200 per unit. Paul Hedstrom commented that hiring a consultant would cost similar. Scott Stocking stated that the fee was based on that of the definitive subdivision fee. Michael Leary stated that we should develop costs without increasing revenue. Scott Stocking stated that Samuel Thomas' project has already taken 3 days to review and would probably be a total of 5 days. Scott further stated that the goal was to get the department to be self sufficient. The concensus of the Board is to check with four or five other towns on their fee structure. Scott is to do the survey. MOTION: By Erich Nitzsche to continue the public hearing to September 22, 1988. SBCOND~ Michael Leafy VOTE: Unanimous Woodchuck Grove - PRD Definitive Subdivision Special Permit - Common Driveway Erich Nitzsche read the legal notices to open the public hearing on the PRD Definitive Subdivision and the Special Permit for Common Driveways. Letters were received and read from the Conservation Commission and the Fire Department. AL Shaboo, Design Engineering, stated that in essence, this was a continuation of the PRD application and submittal of Definitive Subdivision Plan running simultaneously. A1 stated that the Notice of Intent has been filed with the Conservation Commission and that the hearing held two weeks ago was continued. A site visit was conducted by the Conservation Commission and it was determined that it was not an isolated wetland. Following a brief discussion on the drainage calculations, Erich Nitzsche stated that he was not satisfied with the calculations and asked for additional information. Scott Stocking, Town Planner, recommended to close the hearing on the PRD Cluster Development concept and render a decision on that concept. Erich Nitzsche said he did not have a problem closing the PRD application but if it was not closed, an extension would be needed beyond September 30th. George Perna wanted a recap, a delineation of the open space. A1 Shaboo showed George on the plans. A1 stated that the roadway was somewhat shorter from 1,7OO ft down to 1,1OO and that the lot sizes were reduced. George Perna asked if it would be a public road. A1 said yes. Bill Hmurciak, D.P.W. said he was comfortable with an 8% road grade. John Willis stated that he would like the public hearing closed on the PRD Special Permit. Paul Hedstrom said there was a range of issues to be resolved. The subdivision process was not complete. Scott Stocking, Town Planner summarized his view and interpretation of the PRD Zoning Bylaw. There are three hearings: PRD - Cluster Concept - Density Subdivision - Rules and Regulations Special Permit Paul Hedstrom asked for public input. Marsha Lydke, an abutter, Lot 12 Fuller Road, asked in layman terms what the letter from the Conservation Commission said. Paul Hedstrom explained that the Conservation Commission has written the Planning Board a letter which raised 5 issues that are Conservation issues and not Planning issues with the exception of the drainage. Drainage is relevant to the Planning process; to clustering, road grades, surface water, run-off and drainage. The bottom line is that the design of the retention area as shown is not appropriate. MOTION: By George Perna to accept an extension on the PRD until October 30, 1988. SECOND: John Simons VOTE: Unanimous MOTION: By George Perna to continue the public hearing on the Common Driveway Special Permit to the October 6, 1988 meeting. SECOND: Erich Nitzsche VOTE: Unanimous The Plaaning Board recessed for ten (10) minutes. A motion was made by George Perna to recess for ten minutes. The motion was seconded by Erich Nitzsche and voted unanimously by those present. The Planning Board reconvened at 9:03 p.m. Frances & Florence Estates - Definitive Modification Scott Stocking, Town Planner, recapped why the applicant was before the Board. The applicant is requesting to modify the decision which states connection with a sewer. Applicant would like septic systems because of the delay in the sewer lines. D.P.W. said there are no provisions to tie into Conventry Estates. Scott Stocking stated that an Order of Conditions has been issued from the Conservation Commission. All lots in the Florence Estates would require a new Notice of Intent. Paul Hedstrom questioned if the Town has the legal right to ask applicant to tie into a sewer. Erich Nitzsche stated in the past four (4) years lots of plans have depended on sewer connection. Veronica Mandry, an abutter, spoke to the Board regarding septic systems being too close to her land and she does not want them to drain to her property. Paul Hedstrom said the Planning Board would send a letter to the Board of Health on Mrs. Mandry's concerns. Bill Hmuricak, D.P.W., stated that the original plans show the subdivision approved with a pumping station. Michael Leafy asked William Shack on the progress with Ben Osgood on the possible sewer connection. Mr. Shack said that he had been talking to Mr. Osgood. Bill Hmurciak stated that it would cost approximately $175,000 to $225,000 for off-site sewer and that the applicant does not have to pay the entire off-site sewer, that Mr. Osgood would pay 2/3 of the cost. Bill further stated that a bond between Mr. Osgood and the applicant should be posted. Scott Stocking stated that the decision should be worded with security put up with the eventual sewer (dry) to be in service. Bill Hmurciak has been negotiating with Mr. Osgood. Paul Hedstrom said he would like written input from Mr. Osgood relative to the sewer issue. Scott Stocking stated that the deadline for the decision was September 19, 1988 and that an extension was needed to address other issues. MOTION: By George Perna to accept an extension of two weeks and close the public hearing. SECOND: Erich Nitzsche VOTE: Unanimous Lot 3A Bayfield Drive - Site Plan Review Jerry Fortin, Richard F. Kaminski & Associates, spoke to the Board regarding an Order of Conditions from the Conservation Commission. The applicant is going back to Conservation to try and amend their Order of Condition. Paul Hedstrom stated that part of the conditions to be traffic lights at Willow Street and Route 114. A motion was made by Erich Nitzsche to close the public hearing and instruct Staff to draft the decision. The motion was seconded by George Perna and was voted unanimous by the Board. Decisions/Discussions Hickory Hill PRD MOTION: By George Perna to accept an extension until September 24, 1988 for a decision. SECOND: Michael Leafy VOTE: Unanimous Lot F Flaqship Drive - Site Plan Review Following a lengthy discussion John Simons and Paul Hedstrom agreed to work on the decision and have it ready for September 22, 1988. No motion in order. Beijing Restaurant - Site Plan Review After a brief discussion relating to the on-going sewer problem, Erich Nltzsche made a motion to approve the Special Permit, Site Plan Review in accordance with the draft decision and supplimented by an additional landscaping plan. George Perna seconded the motion and the Board voted unanimously. NOTE: Decision is part of minutes. C&D Realty Trust - Site Plan Review Following a brief discussion on the landscaping in front of the building, along the street, the Planning Board amended the draft decision. A motion was made by George Perna to accept the draft decision as amended and conditionally approve the Site Plan. The motion was seconded by Erich Nitzsche and voted unanimously by the Board. NOTE: Decision is part of minutes. J.N. Phillips Glass - Site Plan Review Following a brief discussion on the proposed sign, the Board amended the draft decision. John Simons made a motion to approve the Site Plan subject to the amendments of the wood sign. The motion was seconded by Erich Nltzsche and voted unanimously by the Board. NOTE: Decision is part of minutes. Micromatics - Site Plan Review After a brief discussion on the landscaping issues, a motion was made by Michael Leary to approve the drafted decision as amended incorporating the necessary language changes. The motion was seconded by Erich Nitzsche and voted unanimously by the Board. NOTE: Decision is part of minutes. Open Space Dedication Policy MOTION: By John Simons to accept the draft policy. SECOND: Michael Leary VOTE: Unanimous Approval Not Required Form A Plans Flagship Drive - Creating a Lot MOTION: By John Simons to disapprove the plans because it constitutes a subdivision . SECOND: Michael Leary VOTE: Unanimous NOTE: Erich Nitzsche stated that courts have ruled, you can deny a Form A Plan if it does not have real and usable access to a public way. Breckenridge Road - Lot Line Adjustment MOTION: George Perna to approve the Form A Plan. SECOND~ Michael Leary VOTE: Unanimous Os~ood Street - Creating a Lot MOTION: By John Simons to approve the Form A Plan. SECOND: Michael Leafy VOTE: Unanimous Bonds Windsor Lane - As-Built Plans MOTION: By Michael Leary to accept the As-Built Plans SECOND, Erich Nitzsche VOTE~ Unanimous Turner Estates - Bond Release MOTION: By Michael Leary to release a portion of the bond as recommended by Bill Mmurciak, D.P.W. SECOND~ Erich Nitzsche VOTE, Unanimous Rea Street - Bond Releas~ MOTION: By Michael to release in accordance with the recommendation of the Public Works Department. SECOND~ Erich Nitzsche VOTE: Unanimous Follansbee Bonds Staff is trying to calculate what is being held in relation to Scott Follansbee. French Farm - Bond Update Status of the bond being held by the Planning Board. balance in the account. Minutes There is still a April 14, 1988; April 21, 1988; May 12, 1988; June 2, 1988; June 16, 1988; June 30, 1988 MOTION: By Erich Nitzsche to approve the minutes as written. SECOND: Michael Leafy VOTE: Unanimous MOTION: By John Simons to adjourn the meeting. SECOND: Michael Leary VOTE: Unanimous The Planning Board adjourned the meeting at 11:50 p.m. Paul A. Hedstrom, Chairman anet L. Eaton, Secretary