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HomeMy WebLinkAbout1988-04-28The North Andover Planning Board held a meeting on April 28, 1988 in the Town Hall, Selectmen's Meeting Room. The meeting was called to order at 8~10 p.m. by John Simons, Clerk. Also present were Erich Nitzsche and Michael Leary. Paul Hedstrom arrived at 8:17 p.m. George Perna was absent. Public Hearinqs Bruin Hill Subdivision John Simons read the legal notice to open the public hearing. Letters were read from the Conservation Commission, Police Department and Fire Chief. Jack Louge, engineer from Dana Perkins Office, presented the Board with the plans for an eight (8) lot subdivision (single family) to be built on a 20 acre parcel known as Bruin Hill Estates. The original preliminary plan for the subdivision was submitted for 12 lots and was disapproved for seven (7) reasons. The zoning has changed from one (1) acre to two (2) acres. The applicant is requesting a waiver on the length of the cul-de-sac. He is also asking for a waiver on sidewalks, there are no sidewalks on Winter Street. Mr. Louge went over the reasons for the denial. 1. Length of the dead end street. 2. Did not have approval from the Board of Health on perc tests. 3. Locus map inadequate 4. Strip of land between roadway and land of Delofarno not identified. 5. Applicant had not properly addressed the protection of a pool on the Delofarno property. 6. Applicant has not received consent to cross the power easement from the New England Power Company. Michael Leary asked if the applicant had come to an agreement with the Delofarnos. Mr. Louge stated that the last time he spoke to the Delofarnos they were not happy with the position of the roadway. Scott Stocking asked Mr. Louge to outline the major points in the Conservations Order of Conditions. Mr. Louge said that there w~re. fifty-one (51) reasons. He said the major concern was with lots 4 and 5 and the filling of those two lots. John Simons asked Mr. Louge about the power easement and what could be done within the easement. Mr. Louge said there could be no construction within the easement, no structure or septic systems. Paul Hedstrom arrived at 8:17 p.m. Erich Nitzsche questioned the drainage and whether a 12" pipe in the street was good enough. Mr. Louge explained how the drainage would flow into the detention area. Erich is to review the drainage calculations. John Simons had questions on flooding, site distance and the possibility of Cluster Development. Mr Louge answered on the flooding question, that in the 1OO year storm event, the water would come down from Saw Mill Road and be contained by the next culvert at Haymeadow Road. The grading is contained in the lay-out. Sight distance from one side is 300 feet, the other is quite straight. Mr. Louge said that on the Cluster Development, he had considered it but was well into the subdivision design. Ethel Eldridge, an abutter, said she was not notified of the first public hearing. George Leonard, an abutter, questioned if there would be a right-of-way on the roadway. Mr. Louge said that once it was a public way anyone could use it. Frank Delofarno, abutter, had concerns on the speed limit in the area and wanted to know the distance from his property and the roadway. Mr. Louge said that from the front portion of his property it was about 25 feet, from the back about 10 feet, to the pavement about 36 feet in the front and 23 feet in the back. Mr. Delofarno expressed concerns with children playing in the back yard, 20 feet from the road. He also spoke about the power lines and the length of the cul-de-sac citing 500 feet is the maximum in the Rules & Regulations. The length of the cul-de-sac is 1,3OO feet plus. Mr Delofarno expressed concerns about heavy traffic during the construction of the subdivision. Kathy Boyle, abutter, expressed concerns about water running down the hill behind her property and questioned were the septic systems were in relation to the water that runs off. She also expressed concerns about the traffic. Jan Delof~rno, abutter, wanted to know what was going to happen to a strip of land that abuts her property. Mr. Louge said that it would stay as it is, there are large trees and vegetation which will help screen the area. John Simons asked about the existing conditions of the property and post construction conditions. Mr. Louge showed John on the plans where tree cutting would take place. MOTION~ By John Simons to continue the public hearing to May 26th and schedule a site visit. SECONDs Michael Lear¥ VOTE: Unanimous of those present. Kenics - Site Plan Review John Simons read the legal notice to open the public hearing, amending the original decision the Board previously rendered. Jim Bourgeois, Channel Building, was present to review changes in the original plans, primarily the size of the lot was changed with the submittal of a Form A Plan. MOTIONs By John Simons to render the same decision as previously voted on citing the proper plan. SECOND~ Erich Nitzsche VOTEs Unanimous of those present. Material Installation - Site Plan Review John Simons read the legal notice to open the public hearing amending a decision previously rendered by the Board. A letter from the Fire Department was read. Also a letter from the applicant requesting and extension of the public hearing. MOTION: By John Simons to accept an extension and continue the public hearing until May 12, 1988. · SECOND: Erich Nitzsche VOTE: Unanimous of those present. Approval Not Required Form A Plans Chestnut Street - Creating Lots MOTION: By Erich Nitzsche to endorse the Form A Plan for Lots 1,2,3,4,5 and 6. SECOND: Michael Leary VOTE: Unanimous of those present. Dale Street - Chanqinq Lot Line MOTION: By John Simons to endorse the Form A Plan subject to adding the CBA and identifying the wetlands. SECOND: Erich Nitzsche VOTE: Unanimous of those present. Discussions Lindenwood HOP Project - Route 114 Scott Stocking stated that Lindenwood had deferred from the meeting. 1070 Osqood Street - IEP Report. Jim Bourgeois stated that he had received the IEP Report and asked that the Board consider that report. Erich Nitzsche asked about Condition $7. Tom Neve, Thomas E. Neve Associates, said there was no discharge to ground water occurring on the site. The original plan was submitted with a septic system, but now the site is going to connect to a sewer line. A lengthy discussion took place on the ground water, between Tom Neve and the Board members, as to whether it will effect the lake. Paul Hedstrom said that the report from IEP says ground water is not an issue, and that it will not effect the lake. The Board should then discuss the material submitted in the IEP Report. Scott Stocking asked for a motion to accept the report. Paul Hedstrom stated that at this time the Board is in litigation and that matter will be discussed further with a full Board present. 1070 Osgood Street will be placed on the agenda for April 29th. Decisions Butcher Boy - Site Plan Review John Simons wanted clarification on the no-cut buffer zone of the lake with relation to the retaining wall. Scott stated the the wording for the Watershed Special Permit Buffer Zone be added into the decision. MOTION: By John Simons to deny the Site Plan Review Application by Special Permit based on the draft decision as numerated in 7 conditions and amended with the discussion by the Planning Board. SECOND: Erich Nitzsche VOTE~ In favor - John Simons, Erich Nitzsche, Paul Hedstrom. Abstained - Michael Leary. NOTE~ Decision is part of the minutes. Edgewood Farm CCRC Project - Warrant Article 32 For the record, Paul Hedstrom abstained because his firm represents the Town in litigation. Erich Nitzsche was asked to chair the meeting for this particular hearing. John Simons stated that there were two distinct issues that the Board is dealing with~ Make recommendations specifically on the zoning article for the site and; The preliminary site plan review. A brief discussion was held on the particular site. Mr. Elias, attorney, spoke to the Board regarding the length and mass of the building saying that the building was geared to people 78-80 years old and that all areas were accessible to those people. The plans before the Board were not final plans. Mr. Elias stated that the information that was called for in the article itself was provided, and that the information called for in the Rules and Regulations of a subdivision and more, relative to consumer protection. Paul Tariot, Member of the Senior Housing Options Committee and Conservation Commission, said that all that was required of the Planning Board on the article was discussion and asked that the Board defer their vote until after passage of Article 27. If Article 27 were amended at Town meeting, for any reason, and the Board has already voted on this Article, they would not be voting on the article that was passed. A quick meeting should be held after Article 27 passes Town Meeting to make a recommendation on the article for this project (Article 32). Erich Nitzsche recommended that the Board base their recommendation on Article 32 and 33 if Article 27 passes Town Meeting. Jack Lindon, Conservation Commission raised the concerns of the Conservation Commission: How could they be assured that this actual plan would be built if the zoning article for this parcel were to pass and that the building, as shown, would be built outside the Watershed District. Erich Nitzsche stated that the way it was proposed on the zoning article the preliminary plan could not be changed substantially in a definitive plan submittal, if it did there would be a big problem. Paul Tariot spoke on the consumer protection issues that were incorporated into the bylaw. He said that he and Attorney Theberge were going over the documents as present by the applicant. A discussion took place on the credibility of the proposed consumer protection document and whether it was a Planning issue. John Simons questioned the access to the property. Erich Nitzsche showed John on the plans were the access was located. Samuel Rogers, owner of the property spoke to the Board saying that all the abutters have access to their property, through an easement located on the Charles property. MOTION: By John Simons to close the public hearing, prepare a draft decision on the preliminary plans and make a recommendation to the Town Meeting on April 29. SECOND: Michael Leafy VOTE: In favor - John Simons, Erich Nltzsche and Michael Leary Abstained - Paul Hedstrom Erich Nitzsche turned the meeting back over to the Chairman, Paul Hedstrom. Phillips Farm Independent Elderly Housing - Warrant Article 33 Samuel Thomas was present to answer any questions the Board members had. Michael Leary asked if there was a discussion with the abutters. Samuel Thomas said that he had discussed the matter with the abutters. Steve Patterson, 681 Mass Avenue, questioned foot traffic on Mass Avenue. Samuel Thomas said that a path will be established within the site going to Osgood Street, not Mass Avenue. Mr. Patterson also wanted reassurance that the use would be limited to what is proposed. Erich Nitzsche said that the particular use would be built and the only way it would change would be through an article at Town Meeting. MOTION: By John Simons to close the public hearing and take the matter under advisement for recommendation on April 29 meeting. SECOND: Erich Nitzsche VOTE: Unanimous of those present. Berry Street Rezoninq (VR to GB) - Warrant Article 48 Karen Nelson, Director, Planning and Community Development, spoke on meeting with abutters and the intent of the zoning of Village Residential (VR). Greg Wilson questioned notices of those meetings. Karen said that notices were sent out on two occasions, by the committee working on the zoning of VR and by private individuals who had the meeting at their homes. The third notice was for a public hearing with the Planning Board. John Simons recommended unfavorably on the zoning change, spot zoning not recommended by the Planning Board. Mr. Wilson said that Mr. Proulex did not receive notice of the meetings which effects his property. Paul Hedstrom and Karen Nelson had a discussion on the rezoning to VR on a portion of Route 114 and whether it was in bad judgement in certain areas. John Simons said that at the present time the particular parcel is zoned VR and the existing business could continue as a non-conforming use. A lengthy discussion was held on zoning going back to GB and the possibilities of future businesses coming into town that would generate much concern with the Town for the particular area particularly related to traffic safety. MOTION: By John Simons to recommend unfavorable action on the Berry Street rezoning from VR to GB as it would be spot zoning. SECOND: Erich Nitzsche VOTE: In favor - Erich Nitzsche, John Simons Opposed - Michael Leary The Chairman did not vote because it was not a tie vote. He recommended a motion to reconsider the issue on April 29th with a full Board. John Simons withdrew his motion, Erich Nitzsche withdrew his second. MOTION: By Erich Nitzsche to place the matter on the agenda for April 29, 1988 when five members would be present to vote. SECONDs John Simons VOTE~ Unanimous of those present. MOTION: By John Simons to adjourn the meeting. SECOND: Erich Nitzsche VOTE~ Unanimous of those present. The Planning Board adjourned at approximately 11..10 p.m. Paul A. Hedstrom, Chairman ~a~et L. Eaton ry