Loading...
HomeMy WebLinkAbout1986-06-16REGULAR MEETING - JUNE 16, 1986 The PLANNING BOARD held a Regular Meeting on Monday evening in the Town Office Meeting Room with the following members present and voting-. Erich W. Nitzsche, Chairman; 'Michael P. Roberts, Vice Chairman; John L. Simons, Clerk; and John J. Burke. Karen Nelson, Town Planner was present. The meeting was called to order at 8:15 p.m. MINUTES MOTION: SECOND: VOTE: By Michael P. Roberts to approve the draft minutes of 4/7, 5/5, 5/12 and 6/2/86. John L. Simons. Unanimous. PUBLIC HEARINGS Berry Street, Site Plan Review, Rivers Development Corp John Simons read the legal notice and opened the Public Hearing for Rivers Development Corp. Letters from the Board of Health, Highway Surveyor and Fire Department were read into the record. Brad Latham-attorney for the applicant, John R. Rivers-trustee of Riparian Trust and the owner, Bob Brustin, Vanasse Hangen-project engineer and Chris Carlee, Dineen Associates-architect were the interested parties. Highlights of their presentation were: - The parcel contains 2.76 acres; the proposed one-story building will contain 29,800 sq. ft. and will be constructed with concrete and masonry. - The site presently resembles a meadow; there is a wetland on the property; stone wall and hedge on property will be kept and maintained. - Building use: mixed - office (20%) and light industrial. Possibly 4 separate tenants. - There will be a wide driveway and access from Berry St. only. - Setbacks: front-52, side-51 and back-51. - There will be a loading dock to the rear of the building and 43 parking spaces available. John Simons stated his concern that there was no buffer zone on the plans abutting the residential property. Bob Breslin responded that it would be unfavorable to turn the building in another direction because of its close proximity to the wetlands - currently at 15 feet. A Notice of Intent has been filed with the Conservation Commission. 107 Bob Breslin stated that he would respond to all the concerns stated in the department letters. No traffic impact study has been done; a sketch will be developed of the fire lane and traffic. Chairman Nitzsche stated five (5) major concerns of the Planning Board: 1) Setbacks from Berry St. (private way) must be 100 ft from Residential property (buffer zone). 2) Conservation Commission filing because of 10-15 feet of wetlands. 3) Truck docks very close to the abutters property. 4) Fire lanes needed along truck dock that are not shown on plans. 5) A concern about two-way traffic on narrow Berry St. When trucks are added it will be difficult at best. 6) Location of septic disposal system in proximity to Berry St. Nancy Houghton, a resident of Berry St., stated her concerns about the project. They have an artisian well which she felt might become polluted. Landscaping along her property should be provided. Access to the site, e.g., heavy trucks, will be via the Riding academy road which will affect her property. Bob Brestlin will look at all the issues and report back to the Planning Board. MOTION: SECOND: VOTE: By Michael P. Roberts to take the matter under advisement and close the public hearing. John J. Burke. Unanimous. Holt Rd., Site Plan Review, Cristaldi MOTION: By Michael P. Roberts to accept the letter of withdrawal without prejudice from JT&C Construction Co. SECOND: John L. Simons. VOTE: Unanimous. NOTE: Paul A. Hedstrom arrived at the meeting (8:50 p.m.). Fee Structure John Simons read the legal notice and opened the public hearing. Karen Nelson stated that the new rates will bring us up to a median range for fees when compared to surrounding communities. The new fee structure is as follows: Preliminary Subdivision Plan Review: Free Definitive Subdivision Plan Review (a) $150 filing fee and $200/lot if complete preliminary plan had been submitted and approved. (b) $300 filing fee and $300/lot if preliminary plan had 108 MOTION: SECOND: VOTE: not been Submitted or had not been approved. Approval Not Required (Form A) Filings: (a) Formation of new lots $25 filing fee, plus $50/lot. (b) Boundary change, no new lots created $25. By Michael p. Roberts to approve the new fee structure as stated above. Paul A..Hedstrom. Unanimous. Turner Estates - Definitive Subdivision John Simons read the legal notice and letters from various departments. A letter from Atty. Gary Sackrider Was also read into the record concerning a request from Mr. & Mrs. Antonelli that the proposed road go up to their property line and leave a 50' wide path. A1 Shaboo, engineer for the project, gave a brief presentation. Highlights were: - 15 lot subdivision attached to Bridges Lane. - 200 acres of land will be deed to Greenbelt. - Definitive subdivision satisfies all criteria of preliminary conditions with these exceptions: name of road has not yet been changed, no waiver of cul-de-sac, no provision for connecting water main with Coventry Estates. - Plans show a granting of easement to the Antonelli parcel. Linda Hubbs, an abutter from 272 Bridges Lane, stated that the existing cul-de-sac contains some of her property. Mr. Shaboo reassured her that the new plans for the subdivision reflects the changes to her property line. A Request fOr Determination has been filed with the Conservation Commission. Chairman Nitzsche requested that the Board needed mitigated runoff calculations for the site. MOTION: By Michael p. Roberts to take the matter under advisement and close the public hearing. SECOND: Paul A. Hedstrom. VOTE: Four in favor; one abstention (John Burke). Laconia Circle - Lot lA & 1D - ~pecial Permit - Common Drivewa~ John Simons read the legal notice and letters from the Conservation Commission and Board of Health. Mr. George Pelletier represented Equestrian Estates. - The original plan was to service both lots with 2 separate driveways, however, after discussions with abutters, Conservation and the Planning Board, a common driveway would have the least impact on the wetlands and abutting property. i09 - A minor driveway widening.would be required to 16 feet, the dWellings and septic systems have been moved as well further into the lot. - Will not run a water main up to the dwelling on Lot 1D, as an alternative the dwelling will have a residential sprinkler installed per Fire Code Regulations. Abutters comments: Mr. Easton of Crossbow Lane requested details of scenic easement to be provided at the area of the circle in front of Truesdales, to be maintained by the Truesdales. Mr. Truesdale reiterated this concern: - Conservation will need to approve the proposed modification; - The applicant shall provide the easement in writing for review prior to issuing a decision; and a restriction will be placed on the deed to lot lA restricting any buildings in the easement or under power line. MOTION: SECOND: VOTE: By Paul A. Hedstrom to close the Public Hearing and take the matter under advisement and to accept submittal of the Covenant Agreement for the Common Driveway and review of the scenic easement for Truesdale by the Developer. Michael P. Roberts. Unanimous. Laconia Circle - Lots 10B, llA~ 12A - Special Permit - common Driveway John Simons read the legal notice and letters from the Board of Health and Conservation Commission. Mr. George Pelletier represented Equestrian Estates. - The proposal of this common driveway evolved from a previous denial for a common driveway access from Equestrian Drive with legal frontage on Laconia Circle. - The previous common driveway was within a few feet of another common driveway, therefore creating a roadway in the opinion of the Planning Board. - This proposal delineates a driveway crossing a connected wetland along the front of these lots at its narrowest point. This alternative was achieved by purchasing abutting land. - The other alternative is three separate driveways crossing very wide portions of the wetland causing significant filling by the applicant. - The Conservation Commission recommends this crossing at the narrow location with a stone wall retaining on both sides which lessens the square footage of fill. A wetland replacement plan will be instituted. The Board will make their decision after reviewing the 110 MOTION: SECOND: VOTE: submittal of a Covenant Agreement for the Common Driveway and confirmation of the above with the Conservation Commission. By Michael P. Roberts to take the matter under advisement and close the public hearing. John J. Burke. Unanimous. DECISIONS Mills Hills - Preliminary Subdivision MOTION: By Michael P. Roberts to disapprove the Preliminary Subdivision entitled Mills Hills for the 17 reasons written in the draft decision and stated by the board. SECOND: Paul A. Hedstrom. VOTE: Unanimous. NOTE: The decision hereby becomes a part of these minutes. Equestrian Business Park - Preliminary Subdivision MOTION: By Michael P. Roberts to disapprove the Preliminary Subdivision entitled Equestrian Business Park for the 7 reasons stated in the decision and for incomplete submittal. SECOND: Paul A. Hedstrom. VOTE: Unanimous. NOTE: The decision hereby becomes a part of these minutes. Wagon Wheel Estates - Preliminary Subdivision MOTION: By Michael P. Roberts to disapprove the Preliminary Subdivision plan entitled Wagon Wheel Estates (Teoma II) for the 6 reasons stated in the decision. SECOND: John L. Simons. VOTE: Unanimous. NOTE: The decision hereby becomes a part of these minutes. Ventura Parcel - Preliminary Subdivision A letter from Linda Ferrante, Ferrante Trust was read to the Planning Board requesting that a 30-day extention be granted on this Preliminary submittal. Chris Nelson, engineer for the project, explained how the new owner of one month requested that her engineering firm review the plans and make the necessary corrections that the Planning Board may recommend. The Board denied her request. MOTION: SECOND: VOTE: NOTE: By John Simons to disapprove the Preliminary Subdivision plan entitled Thomas Ventura for the 10 reasons stated in the decision and for incomplete submittal. Michael P. Roberts. Three in favor of the motion; two opposed (Paul A. Hedstrom and John J. Burke). The decision hereby becomes a part of these minutes. 111 Orchard Hill - Definitive Subdivision MOTION: By Michael P. Roberts to disapprove Orchard Hill/Commerce Park for the 10 reasons stated in the draft decision. SECOND: Paul A. Hedstrom. VOTE: Unanimous. NOTE: The decision hereby becomes a part of these minutes. Cranberry Lane - Definitive Subdivision MOTION: By Michael P. Roberts to approve the Definitive Subdivision entitled Cranberry Lane, prepared by'DiPrete Marchionda, subject to the 19 conditions stated in the draft decision. SECOND: John L. Simons. VOTE: Unanimous. NOTE: The decision hereby becomes a part of these minutes. Half Moon Woods - Definitive Subdivision MOTION: By Michael P. Roberts to disapprove SECOND: VOTE: NOTE: the Definitive Subdivision plan entitled Half Moon Woods, prepared by Control Associates, for the 10 reasons stated in the draft decision. Paul A. Hedstrom. Unanimous. The decision hereby becomes a part of these minutes. EXTENSION REQUESTS Jerad Place II - Preliminary Subdivision MOTION: By Michael P. Roberts to grant an extension to July 21, 1986 per letter from Mr. Janusz, owner. SECOND: John L. Simons. VOTE: Unanimous. Cabot Village - Site Plan Review - Peters/Turnpike Sts. MOTION: By Michael P. Roberts to grant an extension on the Cabot Village Site Plan Review submittal until July 25, 1986. SECOND: Paul A. Hedstrom. VOTE: Unanimous. Hickory. Hill - Preliminary Subdivision Orchard Path Preliminary Subdivision Rocky Brook - Preliminary Subdivision MOTION: By Michael P. Roberts to grant an extension to the three preliminary submittals stated above until July 24, 1986 from their respective owners. SECOND: Paul A. Hedstrom. VOTE: Unanimous. Charles St. - Matses - Site Plan Review MOTION: By John L. Simons to accept a letter from Matses Realty, 200 Suttons St., North Andover requesting that the Board accept a withdrawal without prejudice on the Charles St. submittal for Site Plan Review. SECOND: Michael P. Roberts. VOTE: Unanimous. APPROVAL NOT REQUIRED FORMS Turnpike St., Balsamo (ABC Bus), creation of new lot MOTION: SECOND: VOTE: By Michael P. Roberts to approve the Form A Plan subject to the CBA being placed on the drawing. John L. Simons. Unanimous. Davis St., Lambert Estate, Lot line change MOTION: By Paul A. Hedstrom to endorse the Form A Plan subject to setbacks being placed on the drawing by the engineer. SECOND: Michael P. Roberts. VOTE: Unanimous. Sharpner's Pond Road, Lynn Boys Club The Planning Board requested that an extension from the applicant be granted to the Board in order that Town Counsel could review the submittal. The request was granted and accepted at the meeting. DISCUSSION Patnaude - Preliminary Subdivision John Simons read letters from the Highway Department, Conservation Commission, Fire Department and Board of Health. Bill MacLeod from Merrimack Engineering made a brief presentation to the Board. The site is located on the sourth side of Appleton Street. The subdivision will connect to Appleton St. and High Plains Road. A waiver is requested for a 6% road grade. There is proposed a 600 ft. road with a cul-de-sac. MOTION: SECOND: VOTE: By Michael P. Roberts to schedule a site walk and take the matter under advisement. John J. Burke. Unanimous. Bear Hill Subdivision - Status Report Discussion took place between Board members to decide whether the subdivision is progressing towards completion at an acceptable pace. John Simons suggested that the bond be taken and the subdivision rescinded; too many extensions have been given to the developer. MOTION: SECOND: VOTE: By Paul A. Hedstrom that the Planning Board advertise for a Public Hearing to rescind the Bear Hill Subdivision. John L. Simons. Four in favor; one opposed (John Burke). Land Offer - Route 114 - Richards 113 Karen Nelson informed the Board that they must make a recommendation to the Selectmen on this issue. John Simons suggested that someone from the Board make a site visit and recommendation and that the Town Planner send a letter to the Commonwealth of Massachusetts. Merrimack Valley Credit Union Mr. Bob Lambert, attorney representing the Merrimack Valley Credit Union requested the board's direction with regard to the matter of road access to his site plan in lieu of the denial for Orchard Hill Subdivision. He is looking for approval from the Planning Board to start construction for the new Merrimack Vallley Credit Union building. Chairman Nitzsche informed Mr. Lambert that he had no objection to the construction of the building. Milltown Realty Trust - Lots iA & 2A Foster St., Common Driveway MOTION: By Michael P. Roberts that the Planning Board approve the Special Permit for Lots lA & 2A, Foster Street for a Common Driveway subject to the 4 conditions stated in the draft decision. SECOND: Paul A. Hedstrom. VOTE: Unanimous. NOTE: This decision hereby becomes a part of these minutes. Deerfield Lane Subdivision John Simons asked that this issue be placed on the agenda to inform the Board that there is some flooding in this newly approved Subdivision. He requested that the engineer for the project address this issue and send a letter to the Board to explain the reasons for the flooding. He also suggested that the Public Hearing on this subdivision could be reopened to address these concerns. The Board took the matter under advisement. The Board directed the Town Planner to inform the engineer in writing to attend the July 7, 1986 meeting. BOND RELEASE Teoma Estates MOTION: By Michael P. Roberts to release $7,500 for Teoma Estates subdivision in accordance with the Highway Surveyor's recommendation. SECOND: John J. Burke. VOTE: Unanimous. ORCHARD HILL DECISION MOTION: By Paul A. Hedstrom that the Board reconsider their decision earlier in the meeting to deny the Orchard Hill Subdivision. SECOND: John L. Simons. VOTE: Unanimous. MOTION: By Paul A. Hedstrom to accept a letter of extension from