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HomeMy WebLinkAbout1988-12-15The North Andover Planning Board held a meeting on December 15, 1988 in the Town Hall Selectmen's Meeting Room. The meeting was called to order at 8:O8 p.m. by the Chairman Paul Hedstrom. Also present were George Perna, Vice Chairman; John Simons, Clerk and and Michael Leary. Erich Nitzsche was absent. Public Hearings Boston Brook - Definitive Subdivision & PRD John Simons read the legal notices to open the public hearings for the definitive subdivision and the PRD, Special Permit. Ralph Joyce, attorney, gave the Board background on the Boston Brook applications. He stated that in April of 1987 the original Subdivision showed 24-25 lot subdivision and now the applicant is showing a cluster development for empty nesters with 22 units. There will also be three single family homes. Byron Holmes, architect, spoke to the Board on culverts to be placed in Boston Brook. He said that there will be 4 culverts,(4 - 10'x7' high). Mr. Holmes said that the applicant will be asking for a waiver on the length of the cul-de-sac. Mr. Holmes also stated that there would be a 2 to 1 replication of the wetlands. George Perna asked what the impact to the flooding situation was and have they made the situation better or worse. Mr. Holmes replied that it would be no better and no worse. John Simons questioned the percentage of open space in the 24 acre parcel. Mr Holmes said that approximately 83% would be open space (20.18 acres). John Simons said he would like to see three more units in the cluster development rather than the three houses. Mr. Holmes stated that his client was going to deed some land for the third fire station. D.E.M. counsel, Nick Vontzalides was present and stated that it was not feasible. John Simons spoke regarding the letter from the Board of Health. Mr. Holmes said that he has been working with Mike Graf, Health Sanitarian. Peter Brown, 1701 Salem Street spoke on the possible flooding situation in the area. Paul Hedstrom spoke on wetlands and flooding issues. 90% Conservation issue, 10% Planning Board issue. He said that the Planning Board has the authority to make sure that upstream and downstream are better. Byron Holmes said that Boston Survey has reviewed the plans and that increasing the size of the culverts would eliminate part of the problem. John Simons said he would like to see the design of the cluster development. Mr. Holmes showed John the design and stated that the units would be 2,500 sq.ft. Paul Hedstrom spoke on the issue of septic systems in the PRD application and the density figures. George Perna expressed concerns with the 90 degree turns going into the driveways. Paul Hedstrom questioned the visibility and sight distance. MOTION: By George Perna to continue the public hearing until January 19, 1989. SECOND= Michael Leary VOTE= Unanimous of those present. Paul Heds~rom turned the chair over to George Perna at 9:10 p.m. Brook School - Special Permit - Watershed District John Simons read the legal notice to open the public hearing. A letter was received from the applicant asking for a withdrawal without prejudice. MOTION: By John Simons to accept the withdrawal without prejudice. SECONDs Michael Leary VOTE, Unanimous of those present. Riparian Realty Trust - Site Plan Review John Simons read a letter from the Building Inspector. A letter was also received from the Conservation Commission regarding Lot 1 Berry Street and Lot 2 Salem Turnpike, dated December 14, 1988 and is available for anyone to read, addressing eight issues related to the project. Scott Stocking, Town Planner summarized the letter from Conservation. Scott Stocking stated that the Conservation Commission was ready to issue a decision, a denial based in the plan before the Board. The applicant asked that the Conservation Commission hold off until there is more input from the Planning Board on it. If the plan is marketably changed then Conservation will issue its decision to deny, if there is substantial changes, the Commission will asked them to withdraw the application and submit another Notice of Intent. John Simons stated that he couldn't understand if the plan was going to change why didn't the applicant withdraw this site plan. Scott Stocking said the issue is how significant the plans are going to change. Paul Hedstrom returned at 9:15 p.m. and George Perna turned the meeting back to the chairman. Scott Stocking went over some of the issues that are still outstanding with the Planning Boards 1. Parking standards 2. Driveway connection between the two buildings 3. Improvements to Berry Street 4. Improvements of intersection of Route 114 5. Drainage 6. Setback between Industrial and Residential Zones. Bylaw calls for 1OO' between Residential and Industrial Zone 7. Wetland impacts 8. Technical issues related to septic design 9. Easement documents for septic systems - two different lots. 10. Landscaping screening details Scott Stocking stated that those are the major issues. Dennis Cronin, representing the applicant, was present as well as William Bergeron, Hayes Engineering, and Mr. Rivers from Riparian Realty Trust. Mr. Cronln spoke to the Board on the technical review process and that the applicant had four meeting with Conservation Commission and three meeting with the Technical Review Committee and a prior meeting with the Planning Board. Mr. Cronin said he felt quite confident that a design could be adapted that would satisfy the concerns of the Conservation Commission and he said he is looking for direction on the issues of the Planning Board brought up by Scott Stocking, Town Planner. He said on the parking issues and letter from the Building Inspector that it is a statement of what the principal is and the application in the particular case, you have to develop a design which incorporates the projected use and that is what is incorporated in the plan is what the potential uses are and any conditional approval should incorporate those projected use on the parking layout and must comply with that. Mr. Cronin said that is what is meant in that section of the bylaw was where there were no uses specified. Mr Cronin also spoke in the VR and Industrial requirements in that the applicant has complied with the dimensional requirements of the VR District as it abuts the Residential Zone. He has presented a letter to Scott Stocking which indicates under this type of situation where you have a grandfathered right of use that a reasonable regulation is what he applied, applicant is asking that the Board apply Industrial dimensional requirements on the other side of the project where it abuts Industrial use. Mr Bergeron, Hayes Engineering, spoke to the Board on some of the issues Scott Stocking, Town Planner brought up. Mr Bergeron stated that he was somewhat surprised when at the last Technical Review Committee Meeting when the issue of improving Berry Street was brought up, bringing Berry Street up to Town standards. Mr Bergeron stated that Scott said that he would be going to visit the site. Mr Bergeron said that there was a stone wall along Berry Street also a substantial amount of large trees along that area and subsequently would have to be removed which was not their desire. An easement or right-of-way was also requested along the dirt section of Berry Street for the future so the Town would not have to do any land taking. Mr. Bergeron stated that it would pose a problem because it was the primary area for septic system disposal. Mr. Bergeron provided a letter from D.E.Q.E. saying it was alright for building 2 and 3 to discharge sewage to another lot as along as there is a long term easement or lease between the lots. Mr Bergeron said that someone from D.E.Q.E. had spoken to Erich Nitzsche and that his concerns should be rested. Mr. Bergeron stated that he has been working with the different departments trying to satisfy their concerns. John Simons asked what the total upland area was. Mr. Bergeron replied that 14 acres were upland. Conservation says there are 9.75 acres of upland and 5.5 acres of wetland, of that, John asked how much was covered for parking. Mr. Bergeron said that 51% was for parking. John Simons raised issues on the parking lot and wetlands. Scott clarified some of the issues as raised by the Conservation Commission on those issues: 4. 5. 6. o Boundary dispute Resource area used for detention for stormwater run-off. Performance standards of protecting the wetlands. Driveway to lot 2 eliminated Extensive work in buffer zone. Suggesting imposing a 25' no construction zone around the bordering vet wetlands. Problem with replication plan. Scott said those were main issues with the Conservation Commission. John Simons stated that based on those issues that would be substantial changes in the plans before the Board. The applicant is working on those issues. John wanted to see the architectural plans, something that would show the height of the building and the screening of the surrounding property. George Perna and Mr. Bergeron went over some of the issues the Planning Board had~ Parking area show where it could be if business changed - not to construct it, show it on the plans. zoning issues - do they go with the current zoning (VR) setbacks, applicant next to VR District what's there is non-conforming and was put there before the VR went into effect. ENF (Environmental Notification Form) to be done for the State curb-cut. Board asking applicant to file, applicant would like to hold-off because of Berry Street and the wetland crossing. This was on Scott's recommendation. A lengthy discussion took place on the connecting of the two parcels and the wetlands. George Perna said there should be some restrictions of commercial traffic in the Residential Zone. Bill Hmurciak would like to have more figures on the drainage. Scott Stocking spoke on the width of Berry Street and the fact that the impact on Route 114 and Berry Street would be greater. Dennis Cronin wanted feedback on the connecting of the two parcels. MOTION~ By Michael Leary to continue the public hearing until the first meeting in February and accept an extension until February 16th. SECOND: George Perna VOTE~ Unanimous of those present. Woodchuck Grove - PRD John Willis stated that he has a particle status report and would like input from the Board. He stated that he has been working with the BSC Group on the drainage system. BSC is working on the design for the stormwater run-off as the regulations require for the 10 year storm event on the road, 25 year storm event on the lot and the 100 year storm event of a major crossing, to mitigate to zero increase. John Willis asked for a letter from the Board for clarification; design relief from the regulations to use what ever the engineer, Mr Herlihy and the Town's engineer come up with for the drainage of the hill; and direct BSC to work in conjunction with the applicant as a consultant as well as working with the Board. Woodchuck Grove will be placed on the agenda for the second meeting in January. Subdivision Rules & Requlations Paul Hedstrom would like more time to go over the rules and regulations and have the issue put on the agenda for the next two meetings. George Perna would like to have a working session on the rules and regulations sometime after January 5th. MOTION: By George Perna to extend the public hearing to the second meeting in January. SECOND: John Simons VOTE: Unanimous of those present. Approval Not Required Form A Plans North Cross Road - Lot Line Adjustment There is an easement (Frances Estates) going through the property, need document. MOTION: By George Perna to approve the Form A Plan subject to removing the word proposed. SECOND: Michael Leary Vote: Unanimous of those present. Chestnut Street - Lot Line Adjustment MOTION: By John Simons to approve the Form A Plan subject to identifying Lot 2 as Lot 2A. SECOND: Michael Leary VOTE: Unanimous of those present. Decisions Chestnut Street - Four Common Driveway Special Permits Scott Stocking spoke to the Board on approving three of the four special permits cited that it could not be done. You could not pick any particular combination and leave out one of the special permit applications. Paul Hedstrom stated that because of the amount of the units, ll units, off one driveway with 1,OOO feet between one house location and the street, it was a question of degree, of housing density allowed by four special permit applications. John Simons said its a question of how it physically operates, yet it is effectively a roadway because all the homeowners involved will be driving on it. Paul Hedstrom stated that the applicant, in trying to comply with the common driveway bylaw, in doing so, created a 40 foot paved width that services 11 house lots,m including a house lot and driveway that is over 1,OOO feet off the roadway, therefore, the extreme paved area creates public safety issues and subdivision issues. It really is a subdivision. MOTIONs By George Perna to accept the draft denial on the four special permits for a common driveway amended by the Board conversation. SECOND: John Simons VOTE: Unanimous of those present. MOTIONs By George Perna to go into Executive Session to discuss Deseliets vs. Planning Board and Coolidge vs. Planning Board which are in litigation. SECOND~ John Simons VOTE: Unanimous of those present. The Planning Board went into Executive Session at 10540 p.m. The Planning Board came out of Executive Session at 11:25 p.m. Decision/Discussion Route 114/125 The discussion was tabled due to the hour and the technical issues to be discussed. French Farm Drainage Problem Scott Stocking stated that he had been in contact with J. Philbin and he is doing the work. Scott is waiting for him to call back. Paul Hedstrom said that he would also talk to J. Philbin. Bonds Breckenridge Estates - Bond Release MOTION~ By John Simons to deny the bond release at this time. SECOND: George Perna VOTE: Unanimous of those present. Willow Industrial Park - Bond Release MOTIONs By George Perna to deny the bond release at this time due to incomplete work done on site. SECOND: John Simons VOTE: Unanimous of those present. Minutes Carried over to the January 5th meeting. MOTION: By George Perna to adjourn the meeting SECOND: John Simons VOTEs Unanimous of those present. The meeting adjourned at 11:40 p.m. Paul A. Hedstrom, Chairman ~'anet L. Eaton, Secretary