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HomeMy WebLinkAbout1988-11-17The North Andover Planning Board held a regular meeting on November 17, 1988 in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at 7:45 p.m. by George Perna, Vice Chairman. Also present were Erich Nitzsche and Michael Leary. Paul Medstrom, Chairman arrived at 8:08 p.m. John Simons was absent. Discussions Proposed Bylaws for Town Meeting 1989 Scott Stocking, Town Planner, stated that there were four sections of the Zoning Bylaws that were being addressed. They are: 2. 3. 4. Section 2 Definitions Section 6 Sign Regulations Section 8.7 Home Occupations Section 8.8 Driveway Spacing Standards. George Perna requested that Scott highlight the changes. to get copies of the draft. Board members Scott Stocking stated that there were potential amendments that should be addressed. They are: 1. Section 4 Use Groups 2. Section 4.126 Business 2 District (Downtown Zoning District). 3. Dimension Table Footnotes; place within the regulations 4. Might remove the B-4 District. George Perna suggested a committee possibly some of the merchants. Erich Nitzsche stated that this would not be a project for this Town Meeting, project is too large. George Perna suggested that Scott Stocking start working on the Dimension Table Footnotes. Scott Stocking asked the Board members if there was anything they wanted addressed. They did not identify any areas outside of the Town Planners suggestions. NACC Hearing on Willow Street/Flagship Drive Scott Stocking told the Board of a meeting at the Conservation Commission on the Willow Street/Flagship Drive connection. The public hearing is for the Notice of Intent The meeting will be November 22, 1988. ' ~ilco Subdivision - Requesting an Extension Applicant is requesting a 90 day extension from December 1, 1988. Stocking briefed the Board on the circumstances behind all the extensions. The Board members expressed concerns for the many extensions and stated the this would be the last extension. Scott MOTION: By Michael Leary to accept the extension. SECOND: Erich Nitzsche VOTE: Unanimous of those present. George Perna turned the meeting over to the Chairman, Paul Hedstrom at 8:10 p.m. Public Hearings 7 Hodges Street - Site Plan Review Erich Nitzsche read the legal notice to open the public hearing. Scott Stocking, Town Planner, gave some background on this application, citing variances that the applicant received from the Board of Appeals. One of the issues the Board was concerned with was the parking. The existing building will have parking across the street. In addition to the parking lot, an apartment building will be built on this lot. There will be a crosswalk from the parking lot to 7 Hodges Street. Fifteen parking spaces have been dedicated by an easement document and recorded at the Registry of Deeds Office, for the structure located at 7 Hodges STreet. Robert Daigle stated that there will be six (6) apartments in the proposed building; three (3) are for the elderly; three (3) will be at market rate. Erich Nitzsche asked if the Planning Board had a copy of the document that dedicated the fifteen parking spaces to 7 Hodges Street. Scott Stocking said yes. William McLeod, P.E. was present representing Robert Daigle. Mr Dalgle spoke to the Board stating that the building was approximately 60 feet wide and 24 feet deep. There are 3 apartments proposed on each side of the building for a total of six units. The floor plan shows two one bedroom apartments on the lower level; a one bedroom and a two bedroom apartment on the second level; and two, two bedroom apartments on the third level. The height of the building will 32 feet high. George Perna questioned the landscaping on the lot. Mr. McLeod said there was no room for shrubs in front of the building. Mr. Daigle said trees will be planted on the perimeter of the site and lawn on the back side of the building and on the south side of the property. Paul Hedstrom asked if anyone else had comments on the proposed. Larry Allen, 3 Belmont Street, said he would like a one-way sign on Morton Street. Maureen Voisine, 8 Morton, Street would like to see a stop sign at the intersection of May and Hodges Streets. MOTION: By Erich Nitzsche to close the public hearing for a decision on December 1, 1988. SECOND: Michael Leary VOTE: Unanimous of those present. Riparian Realty Trust - Site Plan Review Erich Nitzsche read the legal notice to open the public hearing. Dennis Cronin was present representing the applicant. Mr. Cronin stated that there were two lots. One of the projects proposed is a major site plan and the other is an intermediate project. He stated that he has met with the Technical Review Committee. William Bergeron, Hayes Engineering spoke to the Board. He stated that the buildings would be two stories. There are two independent proposal on 14.7 acres. Conservation Commission has had a hearing on this project. George Perna asked what the use was of the buildings. Mr. Bergeron stated the they would be used for office and manufacturing. He said that there was substantial amount of wetlands on the property, that there were two separate watersheds. Drainage calculations were submitted for the 2, 10 and 100 year event. There will be on-site septic systems. Erich Nitzsche questioned the septic systems and the lots. Paul Hedstrom questioned the zoning. William Bergeron stated the they would be connecting to the sewer when available. George Perna asked what guarantee was there for the sewer connection. Paul Hedstrom said a covenant. Mr. Bergeron said that they needed Fire Department approval for the location of the hydrants and alarm system. The proposed has been reduced by 26,200 sq.ft.to 96,200 sq.ft. There 5% for retail (or fast food), 45 % for office use, and 50% for industrial use. Scott Stocking asked that the maximum (10%) be used for retail/restaurant. The issue stressed because of parking using the largest scenario. Scott Stocking read from the Bylaw. Dennis Cronin asked if there was a condition that could be made relative to the issue. The Town Planner has asked the Building Inspector to clarify the matter. William Bergeron spoke on a traffic study that was done. He said that MEPA, State D.P.W. have copies. George Perna spoke on the curb-cut on Route 114. Mr. Bergeron stated that deceleration and accelerations lanes would be combined with those of the Elm Square Project. He also stated that there would be limited tree cutting. Erich Nitzsche questioned the landscaping on Berry Street Mr. Bergeron said that Arborvitae would be used. Scott Stocking questioned the timetable on the MEPA filing. The response from Mr. Bergeron was next week. Scott stated that it is a policy of the Board not to close the public hearing until a report comes in on the MEPA Filing. Erich Nitzsche said that the proposed project is abutting the wetlands with no buffer. Scott Stocking asked Bill Hmurciak if he had concerns. Bill Hmurciak, D.P.W. stated he had concerns with Berry Street being only 18' wide. George Perna stated that he would like to see Berry Street up-graded. Erich Nitzsche said he felt that the project was squeezing the site. Nancy Houghton, Berry Street abutter, wanted to know the hours for the manufacturing. She cited loud noise already from the Elm Square site. Paul Hedstrom read from the Bylaw citing no nucience to an area. MOTIONs By George Perna to continue the public hearing until December 15, 1988. SECOND: Erich Nitzsche VOTE: Unanimous of those present. Samuel Phillips Common - Independent Elderly Housinq Scott Stocking, Town Planner, stated that he had received a letter from DiCara, Selig, Sawyer & Holt, the attorneys for Samuel Thomas, on the issue of Phillips Brooks Road. The letter stated that Phillips Brook Road is in fact a private way and thus should be owed, along with a one to two foot "spite strip", by the successors to the title of the Edmund M. Warren Realty Company. Present at the meeting was Asa E. Phillips III, attorney from DiCara, Selig, Sawyer & Holt. He further elaborated on the Phillips Brooks Road. Gary Puryear summarized the issues that remained. Those issues were~ drainage calculations easement along Phillips Brooks Road. Phil Christiansen commented on the calculations and that he gave Bill Hmurciak those figures along with the 2, 10 and 1OO year storm event. Because of the Boards concerns with the calculations and the drainage, Phil Christiansen supplied the Board with design drawings with new calculations. The 2 10 and 1OO years storm event figures were reduced with the new design. Paul Hedstrom said that As-Built Plans will be a requirement in the decision. Gary Puryear showed the Board two scenarios of parking on the Phillips Brook Road end of the development. MOTION: By George Perna to close the public hearing and take the matter under advisement and instruct staff to draft a positive decision. SECOND: Erich nitzsche VOTE: Unanimous of those present. AT&T Technologies - Site Plan Review Erich Nitzsche read the legal notice to open the public hearing. Gerald Gingras, engineer, stated the use of the structure to be for radio frequency interference testing on telephone equipment, The structure is translucent to radio waves. It would be made of fabric in the shape of a dome. A solid building would reflect energy and would give tremendous errors in testing. George Perna questioned if there was a safety problem with the airport. Mr Gingras stated that he has checked with the airport and checked out where the localizers and glide slope transmitters were and the frequencies they use and found that they were different with no interference with the airport. Following a brief discussion on technical material, the Board requested more information for the files on any radiation levels. The Board expressed concerns with those levels. Mr. Gingras reassured the Board and will supply that information. The Board requested a letter from the Lawrence Airport Commission stating that the proposed facility will not interfere with its daily operations. . The structure will be 45' high and inflatable. Due to the sensativity of the testing there will be no sprinkler system in the structure. There will be hand held fire extinguishers. Duration of the structure could be as much as twenty years. The structures are inspected every two years by the manufacture. They are made of treated vinyl. MOTION~ George Perna to close the public hearing and take the matter under advisement. SECOND~ Michael Leary VOTEs Unanimous of those present. Woodchuck Grove - PRD Scott Stocking stated that he had received a letter from John Willis requesting and extension until January 31, 1989. MOTION~ By Michael Leary to accept the extension until January 31, 1989. SECOND: George Perna VOTE: George Perna, Michael Leary and Paul Hedstrom voted in favor Erich Nitzsche abstained because he was absent during the public hearing. Discussions/Decisions Chestnut Street - Four Common Driveway Special Permits. Lots 7 & 11; 8,9 & 10; 2,4 & 3; 5, 12 & 6. MOTION: By George Perna to accept the draft denial of the four special permits for Lots 7 & 11; 8, 9 & 10' 2,4 & 3; 5, 12 & 6. SECOND: Michael Leary VOTE, Unanimous of those present. MOTION: By George Perna to close the public hearing and take the matter under advisement on the new application for a decision on December 1, 1988. SECOND: Michael Leary VOTE, Unanimous of those present. C&P Realty Trust - Site Plan Review MOTION: By George Perna to approve the draft decision as written and amended. The amendments were Item C - additional shrubs (being more specific) a continuous row adjacent to the structure, Condition #8, Air conditioning units placed on the ground in the side yard of the addition, and Condition #9, As-Built Plans to be submitted prior to occupancy. SECOND: Michael Leary VOTE: Unanimous of those present. NOTE, Decision is part of minutes. Bond Releases Scott Follansbee MOTION: By George Perna to release to Mr. Follansbee , on the condition that he signs the easement document that Paul Hedstrom has prepared, all bond money being held by the Planning Board. SECOND: Erich Nitzsche VOTE: Unanimous of those present. Oakwood Subdivision MOTION, By George Perna to release $2,000 in accordance with the letter from D.P.W. SECOND: Michael Leary VOTE: Unanimous of those present. Sprinq Hill Scott Stocking stated that the Spring Hill Subdivision was not ready at this time for a bond release. No action taken . Minutes - July 21, August 4, August 18 & September 8, 1988 Acceptance of the minutes will be carried over until the December 1, 1988 meeting. The Board did not have a chance to review. On November 29, 1988, the Planning Board held a special meeting in the Town Mall, Planning Board Office. The meeting was called to order at 7~00 p.m. by the Chairman, Paul Hedstrom. Also present were George Perna, Vice Chairman; Michael Leary and Erich Nitzsche. John Simons was absent. The purpose of the meeting was to vote on decisions. Decisions 7 Hodqes Street - Site Plans Review The Planning Board considered the draft decision prepared by the Town Planner, Scott Stocking. The applicant, Robert Daigle was present to answer the Boards questions. Discussion took place on the following items contained in the draft decision: Item #4a Dealing with landscaping along the rear parcel line. The Board struck this condition due to an existing 4' high retaining wall which exists along the rear parcel line. Item #4b Change this condition to read as follows: Intermittent evergreen shrubs shall be provided along the parking lot fronting Hodges Street. Item #4d Was strucken from the decision as unnecessary. Item #7 Was changes from a 6' high wood fence to a 4' high fence due to the size of the dumpster to be placed inside. Added Item To remove the sidewalk shown on the current plan before the Board, to be replaced with landscape material and wheel stops placed in the parking lot to protect the structure and the landscaping (This eliminated Item #3). Amended Item Item #5a Added #6 Added #7 By striking the words "rear of". Was removed due to the Fire Regulations which calls for fire sprinklers in buildings of 7,500 sq.ft, or greater. This proposal is a 4,000 sq.ft, building. Was recommended by the Fire Department, the Board felt it was excessive due to the cost involved and the i~ize of the structure. Also~t~p~!~icant h~s agZe~d ~o ~ place fire detection system in the building. Which states: No exterior light shall be placed upon the rear of the structure which shines upon abutting property. Which States: No snow may be placed upon a public right-of-way, once cleared on-site. This condition was added due to input from D.P.W. in a letter dated November 29, 1988. MOTION: By Michael Leary to approve the draft decision with conditions as read into the record by the Board SECOND~ George Perna VOTE: Unanimous of those present. Chestnut Street - Four Common Driveway Special Permits The Board reviewed the draft decision of the Town Planner, Scott Stocking. Ben Osgood, Jr. was present to answer the Boards questions. George Perna stated that the Board still had difficulty with this proposal since it appears to be a subdivision. Paul hedstrom agreed with George and stated that in all respects if the issue went to court a judge would be hard pressed not to see this effort as an attempt to circumvent the Subdivision Control Law. Ben Osgood stated that he still felt that this was a valid proposal for 11 lots. They have NACC approval for the crossing shown. Erich Nitzsche questioned whether this really was 4 separate common driveway applications. The Board reviewed the plan showing 4 separate easements 10' wide. Paul Hedstrom discussed the previous denial by the Board on the 3 crossing common driveway which the Board dislikes and the probability that NACC will not see fit to approve a multiple crossing common driveways and that in fact the applicant cannot by right build on ll lots due to the two Boards not agreeing on a method of access. George Perna stated that he felt that the issue should be pushed over to this Thursday night when all five members of the Board can review the decision and render a vote. MOTION~ By George Perna to keep the matter under advisement until the regular Planning Board meeting on December 1, 1988. SECOND: Erich nitzsche VOTE: Unanimous of those present. MOTION: BY George Perna to adjourn the special meeting. SECOND: Erich Nitzsche VOTE: Unanimous of those present. The Planning Board adjourned at 7:50 p.m. Paul A. Hedstrom, Chairman ne{ L. Eaton, Secretary