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HomeMy WebLinkAboutDecision - 200 CHICKERING ROAD 6/25/1997 Town of North Andover �� :�: a �� �°) �oRr#q OFFICE OF M I'I �) F d �as"` °�S4 30 School Street r North �, a^ WILLIAM J. SCOTT Andover, Massachusetts 01845 r. a °°a,,,a.•"` y Director DECISION �SSACHUSEt� NOTICE OF Any appeal shall be filled within (20) days after the date of filling this Notice in the Office of the Town Clerk. Date ' June 25, 1997 Date of Hearing i2/3/9b, 12/17/96, 1/7/97, 2/4/97,3/4/97, 4/8/97, 4/15/97, 5/20/97,6/3/97 Petition Of 200 Chickerin Road (Rennies) Premises affected >no r,hi rkar;ri4 Road Referring to the above petition for a special permit from the requirements of the North Andover Zoning Bylaw Section 8.3 so as to allow the construction of a concrete masonry & wood. One story 16, 900 SF buildin for commercial use located at 200 Chickering Road. After a public hearing given on the above date, the Planning Board Voted to DENY the Special Permit- site plan review based upon the following conditions: Signed'i n '� g ed CC: Director of Public Works Richard Rowen Chairman Building Inspector Natural Resource/Land Use Planner Alison Lescarbeau V. Chairman Health Sanitarian Assessors John Simons, Clerk Police Chief Fire Chief Richard Nardella Applicant — Engineer Joseph V. Mahoney File Interested Parties Planning, Board CONSFRVATTON 6RR--;j0 HEAtTF? 68q-9544? FT,ANNTNr, (RR-4515 Town of North Andover NORTH OFFICE OF 3�°y<' `o °,�ti0G COMMUNITY DEVELOPMENT AND SERVICES A 30 School Street VL t o = ..., North Andover Massachusetts 01845 WILLIAM J. SCOTT North Director June 25, 1997 Ms. Joyce Bradshaw Town Clerk 120 Main Street No. Andover, MA 01845 Re: Special Permit/Site Plan Review 200 Chickering Road Dear Ms. Bradshaw: The North Andover Planning Board held a public hearing on Tuesday evening, December 3, 1996 at 7:30 p.m. in the Senior Center behind the Town Building, on the application of Scott Companies, 12 Rogers Road, Haverhill, MA 01835 for a special permit under Section 8.3 (Site Plan Review) of the North Andover Zoning Bylaw . The legal notice was properly advertised in the North Andover Citizen on November 13 and November 20, 1996 and all parties of interest were duly notified. The following members were present:-Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman Alison Lescarbeau, Clerk, John Simons and Alberto Angles, Associate Member. Kathleen Bradley Colwell, Town Planner was also absent. The petitioner was requesting a special permit to allow to allow the construction of a concrete masonry&wood. One(1) story 16,900 SF building for commercial use located at 200 Chickering Road, North Andover, MA 01845 in the Business -1 (B-1) Zoning District. Mr. Rowen read the legal notice to open the public hearings. Peter Shaheen was present representing Scott Companies for Old Town Village a 16,900 square foot retail subdivision. The property is located off of Rt. 125 (Rennes Florist) on 18 acres of land. Some of the types of businesses that have approached the applicant have been a hairdresser, Mailboxes Etc., and a travel agency. Mark Gross is the site engineer, he stated that there is no residential property involved. The property is zoned B-1 surrounded by R-5, R-4 and R-3 residential zonings. Rennies Florist will still occupy one unit, it will be the in the front of the building. There will be approximately nine units ranging from 2,000 to 1,000 SF in size. There will be a green pedestrian area in the front provided with landscaping. The existing vegetation in the rear of the building will be maintained to be supplemented with a 5' fence and landscaping to buffer the residential area. The original plan was to have two entrances and exits with one close to Farrwood. A revised plan will eliminate the driveway access adjacent to Farrwood Drive. The Technical Review Committee CONSERVATION 688-9530 HEALTH 688-954! PLANNING 688-9535 requested that compact car spaces be dispersed around the site, not clustered in one area and to disperse handicap parking spaces. Fire access will be provided around the building. There are no large delivery trucks anticipated. The elevation of the building will be broken up horizontally and vertically. There were concerns about storm water management and the catch basins and whether or not the drainage can be off site. The sewage will be pumped up to Rt. 125. The lighting will be 12' poles with down cast boxes, and low level pedestrian lights. Safety lights at the rear will be downcast over the doors. They produced a cross section of the site. The roof line will create a false facade with roof top units hidden inside to buffer noise. An RDA was filed with ConCom however the applicant requested a continuance in order to produce soil testing to the ConCom. An ENF was filed with the state. A traffic study has been prepared. Town will hire an outside consultant to review. Mr. Simons asked why not orient the building towards Farrwood Drive, Rayner Cooke the architect, stated that the reason why they faced the orientation the way they did is because the sun faced the three sided greenhouse, also it was the best fit for the shape of the lot. Mr. Simons stated that he would like it to be oriented towards Farrwood, for example a gate or fence at the west end for pedestrian's to walk through to get to the shops. Mr. Gross stated that they are going to screen the site from the neighbors to make it as least intrusive as possible and consider pedestrian access if so desired. Mr. Rowen was concerned about where the drainage will go. Mr. Gross stated that the natural flow is towards Farr-wood, but the plan channels the water to the opposite side of the lot. Ms. Colwell asked how they have designed the drainage. Mr. Gross stated that there is an underground system currently proposed, but is more expensive and is of high maintenance. Mr. Mahoney question what kind of materials they are planning to use. Mr. Cooke stated that they are going to use clapboard siding and brick with colonial style store fronts and wood doors. They will have carved wood signs with outside lights. There will be roofscape with dormers and windows to make a village theme. Mr. Rowen asked about the slope of the gables and commented that steep roofs are preferred. Mr. Simons is also concerned with the slope of the roof. Ms. Colwell suggests that they take a look at the slope of the roof at Osco Drug and check plans vs. actual. Mr. Dermot J. Kelly of Kelly& Associates, Inc. reviewed the traffic study. The counts that were done at the entrance of Farrwood and on Rt.114 estimated that 23,000 cars per day during the week pass the site. These studies were conducted during the hours of 7:00 a.m. till 9:00 p.m. and on Saturday during the hours of 11:00 a.m. till 2:00 p.m. there were 17,000 cars. At the peak hours 1600 cars passed in the a.m. 1900 cars passed in the p.m. Saturday's peak hours showed 1300 cars passing. Some traffic growth needs to be assumed. There is only a 16' lane for entering traffic. There should be no planting on the site entrance and, there should also be stop signs at each exit. Mr. Mahoney asked about how much more traffic is going to be generated with the project. Joe Bolen, 27 Farrwood Avenue is concerned about the traffic volume in the a.m. and p.m. Peggy Walsh, 27 Farr-wood Avenue is concerned about the traffic when she is trying to take a left turn in the a.m. out of Farrwood, she is also is concerned about the dumpsite pickup and snow removal. Hillary Cannor, 98 Edgelawn Drive #7, is concerned about the orientation of the building and the ability to rent the units at the end and is concerned about customers missing the entrance and turning around on Farrwood Drive. Mr. Cooke stated that not all retail tenants require visibility from the road. Mr. Gross explained that no one would be able to see the building if it were oriented towards Farrwood Drive. Mark Johnson, representing the Condominium Association, is concerned about the traffic and believes it should be revised with new entrances. Mr. Johnson also had concerns about the level of service increases in the future with the level of traffic. He also expressed some concern about the orientation of the building, and thought that the building should face Rt. 125 with a smaller project. Vera Curcio, 23 Edgelawn Drive, brought to the Boards attention that there was a denial for a building on the site of Rennies in the past, based on the problems with the traffic and stated that she.will look into that more fully. Ms'. Curcio also stated that she has checked with the State Department of Public Works and says they have received no information on this project. Ms. Curcio is against this project and feels that it will lower her property value and bring more problems to the adjacent properties. Ms. Curcio also stated that she was not informed about the meeting until a few days before. Jeff Cannor, 98 Edgelawn Drive, expressed some concern about the sign that would be placed in the front of the project. Mr. Gross stated that they would like to have an identifying sign at the entrance and will have a facade sign. They will be submitting a plan of the sign. Jim McCarthy, an abutter was concerned about the hours of operation. Mr. Bolero, was concerned about how long will the construction time be in affect. Mr. Gross stated that the approximate time on the construction would be about 4 months. Ms. Curcio submitted a letter to the Planning Board outlining her concerns. The letter will be placed in the Planning Board files. The public hearing was continued to the December 17, 1996 meeting. The North Andover Planning Board held a regular meeting on December 17, 1996. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner was also present. The applicant requested a continuance until January 1, 1997. The North Andover Planning Board held a regular meeting on January 7, 1997. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner was also present. Mr. Rowen read a letter from Scott Construction asking for a continuance until February 4, 1997 in order to complete the traffic review and requested plan review. The North Andover Planning Board held a regular meeting on February 4, 1997. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Richard Nardella and John Simons. Kathleen Bradley Colwell, Town Planner was also present. Mark Gross of MHF Design, was present to discuss the traffic study. Mr. Gross stated that they have filed an Environmental Notification Form. Mr. Gross has spoken to Mass. DER and Mass. DPW and they stated that they are free to go ahead and file for curb cut permit. Dermot Kelley, President of DJK Associates was present to give an overview of the traffic study. Mr. Kelley showed a plan with a single access as far away as possible from Farrwood Ave. A stop line and a stop sign will be installed at the exit onto Rt. 125. Mr. Kelley stated that he has requested data from the state regarding the number of accidents but has not received it yet. Mr. Nardella stated that his major concern is the number of accidents that could occur. Mr. Kelley stated they cannot determine the number of accidents. Mr. Mahoney asked if they could get data from the Town's Police Department on the number of accidents that have occurred on Farrwood entering and exiting. Mr. Nardella asked what the distance is from center line of the access drive to the center line at Farwood. Mr. Kelley stated 250'. Mr. Kelley stated that Ms. Colwell, Mr. Hajec and himself went out to Chickering Road to observe the traffic flow. Mr. Kelley stated that the traffic flows in cycles every 70 seconds. They observed that the traffic flows from one direction for 30 seconds and from the other direction for 40-50 seconds. For 20-30 seconds the traffic is lessened. So people who are exiting and entering Farrwood have 3 0-3 5 seconds of no traffic and for 45 cars turning onto Farrwood there was no queuing. Mr. Nardella asked the number of cars that could que up out of 200 Chickering Road. Mr. Kelley stated that 3 could. Paul Hajec, President of Hajec Associates, the town's traffic consultant was present to explain what he has observed. Mr. Hajec stated that everything that Mr. Kelley has said is correct. Mr. Hajec stated that they did not observed more than 2 cars at a time queuing. There could be some traffic problems when Rt. 495 is blocked up and people use this as an alternative route however that is a rare occurrence and is not one that the applicant should be expected to fix. Ms. Lescarbeau asked what would happen if there was a dar turning into the plaza and there was a car behind them that is turning into Farrwood. Mr. Hajec stated that they could use the shoulder of the road. It is a paved road and the shoulder is 8'to 10' wide. Mr. Hajec stated a traffic light would have to be approved by the state and Mr. Hajec thought that would be very unlikely. The traffic lights would make unnecessary delays and more accidents usually occur when there is a traffic light. Dave Johns of 209 Chickering Road, stated that it is difficult to take a left hand turn out of his driveway and that people walk on the shoulder therefore it is very hard to pass in the shoulder. Lisa Neukuckatz of 68 Fernview Ave. stated that her children walk on Chickering Road to and from school and believes it is dangerous if people use the shoulder to pass. Joseph Balliro of 27 Farrwood Ave. stated that he is a criminal defense lawyer and thinks it is not a legitimate point to use the shoulder. It may be legal but it is not safe. Peggy Walsh of 27 Farrwood stated too many things are happening (too many other driveways)within the 250' of road. Mr. Nardella asked as residents if they had any ideas to make the flow better. Mr. Balliro stated that they should put in a dedicated turn lane and possibly a yellow blinking light. Jim McCarthy stated that during the 20-30 second delay if there is somebody coming out of the 99 Restaurant or Bulgers Animal Hospital then the delay is shortened. Mark Johnson who represents Heritage Green Estates asked that there should be no heavy trucks on the site and questioned the level of service. Is E or D? Mr. Gross responded by saying that they are not planning to have any trailer trucks on the property just box trucks and are willing to put that in the decision as a condition. Mr. Johnson stated that level D represents a condition with long delays to minor street traffic. The levels go from A-F and A being the least amount of delays and F being the longest. Chickering Road and Farrwood currently operates at a levej of service at C or better. Under 2001 Build weekday evening peak hour conditions the service will decrease to Level D. Mr. Balliro asked why the exit could not be changed to the back of the property. Mr. Gross stated that access to commercial property has to be through commercial property and cannot be through residential property. Ms. Curcio, 23 Edgelawn Ave. questioned the zoning for the site. Ms. Colwell stated that the site is zoned B-1 for business but is surrounded by residential property. Ms. Colwell suggested that Ms. Curcio come into the Planning Office to look at the zoning map. If she had additional questions she can review the zoning with the Zoning Code Enforcement Officer. Continued the public hearing until the March 4, 1997 meeting. The North Andover Planning Board held a regular meeting on March 4, 1997. The following members were present: Joseph V. Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and John Simons. Kathleen Bradley Colwell, Town Planner was also present. Atty. Peter Shaheen was present representing 200 Chickering Road. Mark Gross, MHF Design Inc. the site engineer stated that the Conservation Commission has also requested review of the drainage from John Chessia, the Town's consultant therefore he will respond to both the Planning and Conservation drainage issues at the same time. Dermit Kelley of DJK Association conducted traffic counts while Merrimack College was in session as requested by the Town's traffic consultant and the counts were less than the original ones. Mr. Kelley stated that he received a copy of all the accidents that occurred in North Andover from Mass. Highway and none have occurred on Farrwood. Mr. Kelley stated that in his opinion a left turn lane is not required. He is concerned about widening the shoulder as that may cause traffic to travel faster along Rt. 125. Mr. Kelley stated that while Ms. Colwell, Mr. Hajec and himself went out to the site people were turning into Farrwood and passed on the left hand side. Sgt. Fred Soucy of the North Andover Police Dept., stated that a middle turn lane would benefit the Town but it would have to go from Rennies to Mass. Ave. Possibly the costs could be borne by all property owners along that stretch of roadway. He is not in favor of widening the shoulder. If a middle turn lane is not constructed the roadway should remain as. If there are two vehicles and one went to pass on the right there would be adequate space to pass. Joseph Balliro, of 27 Farrwood Drive, asked if that was legal to pass on the breakdown lane. Mr. Soucy stated that they need to determine if it is a breakdown lane. Lisa Neukuckatz, of 68 Farrwood Drive, stated that people will start to pass on both sides of the street and make it a 4 way street and what about the pedestrians that are walking. Mr. Soucy stated that there is a sidewalk for the pedestrians. Carol Rennie, owner, stated that there has never been an accident in front of Rennies. Ms. Lescarbeau stated that there was just one store there now however with this complex there will be more. Atty. Peter Shaheen stated that Mass. Highway has jurisdiction over Rt. 125 and the plans have been submitted for their approval. P.J. Piantadosi stated that these people live off of a state highway what do they expect. He would like to see a mall come into this town instead of going over Andover to spend his money. Ms. Curcio, of Farr-wood Drive, stated that once the mall goes in the accidents will start to occur just like they did when Osco Drug went in on Rt. 114. She stated that 9 accidents have occurred. Jim McCarthy, Heritage Green property manager, stated that he does not want to see Rt. 125 turn into a Rt. 28 in Salem, NH. Carol Rennie stated that the mall would be a benefit to the town and it will have a country atmosphere. P.J. Piantadosi stated that the Rennies have'.lived in this town their whole life and they are not planning on putting up the mall and leaving town. Mark Gross, site engineer, stated that there would be 4 underground systems designed to store a 100 yr. Storm. Mr. Gross stated that'they have been before ConCom and they have asked John Chessia to look over the drainage because they will be discussing that with ConCom. Mr. Mahoney asked where the runoff would go. Mr. Gross stated that it would go into the wetlands on the Rennies property. Ms. Colwell stated that the building inspector had concerns with the proposed drainage structures off site and suggested that the applicant check with him regarding this issue. Mr. Gross stated that all the runoff goes through the infiltration. Mr. Mahoney asked what would happen if the sumps overflow, Mr. Gross stated that the property owner is supposed to maintain the system and keep it cleaned out. If it is not, silt will build up and go through the pipe and to the infiltration system and eventually be carried down the system. Mr. Rowen asked if something can be done to prevent this from happening. Mr. Gross stated that a hood structure will be placed over the pipes to prevent garbage and silt from getting through. Atty. Mark Johnson, representing Heritage Green, asked if the drainage that is going into the wetlands is on residential property. Mr. Gross stated yes. Mr. Johnson stated that he asked John Morin, of Neve Associated to look over the proposed drainage and he would like to be put on the cc: list when there is information on the drainage for this property. Mr. Mahoney asked what the building looked like in elevation, lighting and landscaping. Mr. Gross stated that the original plan had all compact parking spaces together now they have them spread out throughout the parking lot. The lighting along the parking lot on the opposite side of Farrwood will have 12' high lighting standards that cast light down on the lot. They will have landscaping with a stockade fence 5'high along Farrwood. There will also be a picket fence along the front of the property. The signage will be reviewed by the building inspector. Mr. Gross stated that the HVC units will be located on the top of the Rennies building in a pocket to reduce the noise. Helene Wilder, of Farrwood Drive, asked what side of the building will be facing Farrwood with the lighting issues and what about delivery times. Mr. Gross stated that the back of the building would be facing Farrwood and the only lights that would be on the back would be emergency lights on the back doors facing down to the door for security purposes. There are no late night or early morning deliveries. Ms. Colwell stated that there would be restriction on the delivery times written in the decision. Mr. Shaheen stated that he would like to end this at the next meeting. They have designed the building to be safe and the traffic has been approved by the Mass. State Highway. Joe Balliro, of 27 Farr-wood Drive, asked if-there was going to be any security with the overnight parking. Mark Johnson asked if there was going to be a buffer of trees where the fence is going to be. Mark Johnson also asked if there are going to be any trees coming down and if the area is going to be graded. Joe Balliro asked if there is going to be any restrictions on the construction hours. Ms. Colwell stated that the Police Department would be in charge of that. Continued until April 1, 1997. The public hearing was continued until April 8, 1997 due to a snow storm. The North Andover Planning Board held a regular meeting on April 8, 1997. The following members were present: Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present. Peter Shaheen of MHF Design was present on behalf of the applicant. Mr. Shaheen is requesting a conditional Site Plan approval. Mr. Shaheen stated that the only thing that remains to be done is a perk test, which will be done on Friday. Ms. Colwell stated that there are other outstanding issues. John Chessia, the Town's engineering consultant, received the revised drainage last Wednesday and needs 2 weeks to review them. Mr. Rowen stated that not everything has been finalized. There are some issues that can be resolved like the building, lighting and landscaping. Mr. Rowen stated he would like to wrap up the traffic issue tonight. Mr. Nardella asked what the number of parking spaces were there. Mark Gross, of MHF Design, stated that they have moved the compact spaces around. The required size of the spaces are to be 84" and they are giving them 86 '/2. Mr. Shaheen stated that there will be no restaurant put in the plaza. Mr. Nardella asked if the dumpster was going to be enclosed with a gate. Mr. Gross stated that it would be. Ms. Lescarbeau asked if it was a compactor or a dumpster. Mr. Gross stated that it was going to be a dumpster. Ms. Lescarbeau asked how many units are there in the building. Mr. Gross stated that there are a total of 9 but some can be combined. Dermit Kelley, of DJK Associates, stated that the size of the road is 36' wide. Mr. Kelley stated that the shoulder is 5'-6' wide. Mr. Lescarbeau stated that even though you can't be cited for using the shoulder she is not going to approve a plan which requires passing in,the shoulder. Mr. Nardella stated that the road is not going to be lined for the use of the shoulder. Atty. Shaheen stated that Officer Soucy stated that it was not illegal to use the shoulder. Mr. Nardella asked what is the objection to spending a little money and put the road wider and put the stripes on the road. Paul Hajec, the Town's Traffic Consultant, stated that he agrees with the applicant's traffic consultant and with the state highway department that a turning lane is not warranted for this project. However, in the future, if there is increased development along Rt. 125, a turning lane may be warranted along this stretch of RT. 125. Mr. Rowen asked if the road were widened at this point would the cars then go faster. Mr. Hajec stated probably yes, but it can't be said until it's done. Elvira Curcio, of 23 Edgelawn Drive, stated that Officer Soucy stated that this a State road and was wondering why there has not been a State Police Officer attend a meeting to address the traffic. Mark Johnson, representing Heritage Green Condominiums, is concerned with the traffic plan. He questioned what would happen if you did not allow the passing on the right. Mr. Rowen stated that cars would queue up. Mr. Rowen stated that given the fact that the two traffic consultants and the State have approved the traffic plan he would not require a center turn lane. Mr. Gross spoke with the town's engineering consultant and stated that the most significant issue is with the down stream area. They plan to do a perk test. Mr. Rowen asked if they will have enough time to get the results in by the next meeting. Mr. Rowen stated that we will put them on the agenda for the next meeting but if they don't get the results back in time we'll take them off. Nfr. Nardella stated that he is looking for them to bring something back to the Board on a proposal for roadway improvement. Mr. Shaheen stated that the applicant is willing to do what ever anyone else is willing to do. Tom Neve, of Neve Associates, is working with the condominium association stated that his major issue is with the site drainage. He would like them to test every layer that exists and test in at least in 4 different areas. Mr. Neve's other concern is the maintenance of the sub-surface system. Mr. Gross stated that the maintenance for these systems could be put in the decisions. The North Andover Planning Board held a regular meeting on April 15, 1997. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alberto Angles, Associate Member and Richard Nardella. Kathleen Bradley Colwell, Town Planner was also present. MI-IF Design requested a continuance until May 20, 1997 in order to complete the required,soil tests as required by Coler& Colantonio in their last correspondence. The North Andover Planning Board held a regular meeting on May 20, 1997. The following members were present: Joseph Mahoney, Chairman, Richard Rowen, Vice Chairman, Alison Lescarbeau, Clerk, Alberto Angles, Associate Member John Simons and Richard Nardella. William Scott, Director of Community Development. Mark Gross of MHF Design and Peter Shaheen were present. Mr. Scott stated that they did tests on Monday and the water tables were higher and they addressed the issues and sent them to John Chessia and he had no major issues. Mr. Gross stated that he could design a system on a 7 inch water table. Mr. Rowen stated that at the last meeting the attorney for Heritage Estates had brought up some issues at the last meeting and wanted to know if they have been addressed. Mr. Scott stated that they did additional testing. Mr. Rowen asked if they are planning on having a maintenance plan to include in the decision. Mr. Gross stated that there are 6 pages in the drainage repqrt for maintenance. Mr. Gross stated that on site litter would be picked up weekly, sediment and underground tanks will be inspected monthly and the water swale will be inspected twice a year. The Board would like to have a maintenance plan put in the decision. Mr. Shaheen stated that he thought we addressed these issues at the last meeting and both traffic consultants agreed. Mr. Nardella asked if we had anything from Sgt. Soucy. Ms. Lescarbeau stated that there is a letter in our packets that states that you should not cross over the white line. Mr. Shaheen stated that it is a line to show that the width of the road is almost at an end. Ms. Lescarbeau stated that you are trying to make a bad situation worse by using the sides of the road. Why don't you just widen the road. Mr. Shaheen stated that at the last meeting we suggested that an inexpensive way to improve the road would be to add a patch of pavement to the side of the road so people could use it. Mr. Shaheen believes that if it is widened people might not slow down but, speed up and also they are not allowed to widen the road without the state to say it was O.K. Mr. Nardella stated that we a legitimate difference of opinion on that. Mr. Shaheen stated that the applicant meets all the requirements for site plan review so they / should get the approval. Mr. Mahoney stated that Mr. Shaheen is right if they meet all requirements we cannot deny them. Mr. Nardella stated that he is not opposed for them to start construction and then widening the road. Mr. Nardella stated that when it snows and the plows are pushing the snow and it covers that side of the road how are the people then going to pass. Mr. Rowen stated that we have had 3 traffic people say that the road should not be widened and that people would speed up if it was widened and that's not what we want. Mr. Mahoney stated that he agrees. Mr. Shaheen stated that the applicant might contribute to the cost of the road. Mr. Shaheen stated that we are willing to do extra to get the approval. Jim Mcartney stated that the City of Haverhill has approved to widen Rt. 125 and they don't have a concern with speeding. Mr. Mcartney also state that he would like the North Andover Police Department to write a letter stating that it is legal for people to pass over the white line. Also he would like it put in the decision that if the owner of the mall goes belly up that someone has to maintain the drainage system. Mr. Nardella stated that there will be a bond to ensure that you would be protected. Mark Johnson, representing Heritage Estates, disagrees with Mr. Mahoney. In section 8.3 1A, the purpose of it is to protect the health and safety of the residents and people. This is a site which has a building as big as you can get on the site. The drainage is not easy to get to and if it fails the Heritage Green people will be the only ones who will get hurt. The building is so big they can't even put a detention pond on the site so it is underneath. The traffic configuration is not good for any of the residents. Mr. Johnson stated that his biggest concern is the statement "we have met all requirements so you have to approve it". Mr. Rowen stated that he shares concerns with the drainage but it would have been fool proof if Heritage green tie into their sewer. Jim Mcartney stated that in response to Mr. Rowen's comment, would you like it if someone used access on your driveway. It is private property. Mr. Rowen stated that my point was that they denied them to tie into the sewer so they will have to live with what happens. Elvira Curcio, 23 Edgelawn passed out packets to the Board members. Mr. Shaheen stated that he is looking for them to accept the site plan review and close the public hearing. On a motion by Mr. Nardella, seconded by Mr. Rowen the Board voted 4-1 to close the public hearing. On a motion by Mr. Rowen , seconded by Mr. Angles, the Board voted 4-1 to direct staff to draft a decision. The Board agreed to set the bond for 200 Chickering Road for $25,000. On a motion by Mr. Rowen, seconded by Mr. Mahoney the Board voted 3-2 to approve 200 Chickering Road site plan review, the site plan review was denied due to the fact you need 4 votes. Mr. Nardella asked if the applicant would like to know why they denied it. Mr. Shaheen stated that he thought the Public Hearing was closed. Mr. Nardella stated that the applicant should come back to resolve the issues of public safety and traffic issues. Mr. Nardella stated that there is an open door for further reconsideration. Ms. Lescarbeau stated that she does not concur with items J&3 of the decision. Ms. Lescarbeau stated that it that it is not an appropriate location, the building is not appropriate and it is a safety hazard to the town and area. Ms. Lescarbeau stated that she does not feel that she can be persuaded. Mr. Shaheen stated that if it meets the bylaws then the permit must be granted, that's what the law says. Mr. Mahoney stated that they have followed the laws and statute. Mr. Mahoney feels that we have no right not to grant this. In his view the applicant has done everything they were supposed to do. Attached are the conditions. Sincerely, Richard S. Rowen, Chairman North Andover Planning Board 200 Chickering Road (Rennies) Site Plan Review- Special Permit 200 Chickering Road (Rennies) Site Plan Review - Special Permit The Planning Board herein by a vote of 3 in favor, 2 opposed, does not approve the Special Permit/Site Plan Review for the construction of a 16,900 one story concrete, masonry&wood building located at 200 Chickering Road in the Business -1 Zone. Scott Companies, 12 Rogers Road, Haverhill, MA 01835 requested this Special Permit. This application was filed with the Planning Board on November 5, 1997. The three Planning Board members in favor make the,following findings as required by the North Andover Zoning Bylaws Section 8.3 and 10.3: FINDINGS OF FACT: 1. The specific site is an appropriate location for the project as it is located in the Busines -1 Zone along a major roadway, surrounded by industrial and commercial uses; 2. The use as developed will not adversely affect the neighborhood as the site is designed to buffer adjacent uses; 3. There will be no nuisance or serious hazard to vehicles or pedestrians as identified through traffic analysis and review of such analysis by the Town's traffic consultant. 4. The landscaping approved as a part of this plan meets the requirements of Section 8.4 of the North Andover Zoning Bylaw; 5. The site drainage system is designed in accordance with the Town Bylaw requirements; 6. The applicant has met the requirements of the Town for Site Plan Review as stated in Section 8.3 of the Zoning Bylaw; 7. Adequate and appropriate facilities will be provided for the proper operation of the proposed use. Finally, the Planning Board members in favor find that this project generally complies with the Town of North Andover Zoning Bylaw requirements as listed in Section 8.35 but requires conditions in order to be fully in compliance. 1 200 Chickering Road (Rennies) Site Plan Review-Special Permit The two dissenting Planning Board members found: 1. Mr. Nardella stated that the applicant should come back to resolve the issues of public safety and traffic issues. Mr. Nardella stated that there is an open door for further reconsideration. 2. Ms. Lescarbeau stated that she does not concur with items 1&3 of the decision(as cited above). 3. Ms. Lescarbeau stated that it that it is not an appropriate location, the building is not appropriate and it is a safety hazard to the town and area. The Board further instructs that this decision is done without the prejudice of the two year stay from further applications for a Special Permit. The Board will allow reapplication within the two year period as setforth in 40A 16 without the need for steps required for reconsideration. CC. Applicant Assessors Building Inspector Conservation Administrator Director of Public Works Engineer File Fire Chief Health Administrator Planning Board Police Chief 2