HomeMy WebLinkAboutCorrespondence - 15 TIMBER LANE 7/17/2007 JOHNSON & BORENSTEIN, LLC
Attorneys at Law
12 Chestnut Street
Andover,Massachusetts 01810-3706 c, A/1
(978)475-4488 6,f
Telecopier: (978)475-6703
www.obliclaw.coni
MARK B. JOHNSON (MA,NH,DC) Paralegals
DONALD F. BORENs,rEIN (MA,ME,NH) KATHRYN M. MORIN
MICHELE C. JONIKAS
KRISTINE M. SHEENY(MA) RIECEIVIEI) KAREN L. BUSSELL
ANNA R. VERGADOS(MA,NH)
DENISE A. BROGNA(MA,CA) JUN 19 2007
EMILY M. SAMANSKY(MA) NOk i r,rl"WUVER
LAURA BUCK(MA,FL) PLANNING DEPARTMENT
June 15, 2007
HAND DELIVERY
Town of North Andover
Planning Board
Attn: Mary Ippolito
1600 Osgood Street
North Andover, MA 01845
Re: Petitioner: H. David &Allyson Fournier
Property: 15 Timber Lane; Assessor's Map 64, Lot 38
Watershed Special Permit
Dear Ms. Ippolito:
Enclosed you will find the following documents for filing in connection
with the above-referenced matter:
1. 3 copies of the Watershed Special Permit Application;
2. 3 copies of the Stormwater Analysis Report;
3. 3 copies of the Certified Abutters List from the Assessor's Office;
4. 10 copies of the Watershed District Special Permit Plan dated 3/20/07;
5. 2 complete sets of stamped self-addressed envelopes to the abutters;
Town of North Andover
Planning Board
Attn: Mary Ippolito
June 15, 2007
Page 2
6. Thirty-six (36) $.41 postage stamps;
7. Filing Fee check in the amount of$100.00; and
8. Consultant's Fee Deposit check in the amount of$2,000.00.
Please place this on the Agenda for the Planning Board's Meeting of July 17,
2007. Please contact my clerk, Michael Klass, or me with any questions or
comments.
Thank you for your assistance in this regard.
Very truly yours,
JOHNSON & BORENSTEIN, LLC
mr
Donald F. Borenste"in
DFB/mak
Enclosures
cc: H. David Fournier
W. Cammett, P.E.
Greg Hochmuth, Neve-Morin Group
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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Minutes of the Meeting
8 July 17,2007
9 Town Hall, 120 Main Street
10 7:00 PM
11
12 Members present: Richard Nardella, Chairman
13 John Simons,Vice Chairman
14 Alberto Angles, Clerk
15 Jennifer Kusek,regular member
16 Timothy Seibert, alternate member
17
18 Member absent: Richard Rowen, regular member
19
20 Staff present: Lincoln Daley, Town Planner
21 Mary Ippolito, Recording Secretary
22
23
i4 Chair called the meeting to order at approximately 7:10 pm. Chair introduced the panel to the
25 assembly and proceeded to announce the following agenda items.
26
27
28
29 Postponement:
30 Sprint Spectrum L.P. — 300 Chestnut Street — Modification of a Special Permit
31 installation of a 7' — 6" x10' (8' high) versaflex equipment cabinet into existing tower
32 compound. Nine new panel antennas w/antenna centerline of 130' — 0" on existing lattice
33 tower within R-3 zoning district. Applicant to submit revised plan, awaiting VHB review.
34 Chair announced that Sprint is postponed until the August 7, 2007 PB meeting.
35
36 Chair called the following discussion items:
37 1. Security Realty Trust,V. Scott Follansbee,33 Walker Road-Bond release in the
38 amount of$5,000.00 +accrued interest for Brookmeadow Office Park.
39 Lincoln stated that a letter from Engineer and as-built plan is on file and DPW has no
40 issues. Motion by Jennifer Kusek, 2nd by Tim Seibert to release all money plus accrued
41 interest to V. Scott Follansbee of Security Realty Trust vote was unanimous.
42 1
43 2. Dean Chongris, Redgate Subdivision, Salem Street — Conditionally released lots 3 & 4.
44 Awaiting revised surety bond document.
45 Lincoln stated that at the last meeting the PB voted to conditionally release Lots 3 and 4.
-6 Changes were not made to the surety bond, however, Mr. Chongris will overnight the
Planning Board
Minutes
July 17,2007
Page 1
r
I revised surety bond. DPW issue, per discussion with Gene Willis there are items not
2 completed by Mr. Chongris. Engineer, Ben Osgood Jr. will verify changes to stabilize the
3 slopes. Chair wants to wait until the August 7t' PB meeting to hear this. Chair wants the
4 surety to be for the duration of the project, will not accept a security that expires in one
5 year or before the project is completed. Lincoln wants to work w/Accounting and make
6 sure that they don't let surety expire. Place this on the August 7th PB meeting. Send Chair
7 the edited surety form Carol McGravey. PB said we need to have the applicant put the date
8 of expiration on surety. Send a request to the people who have not renewed their surety
9 bond w/PB they are in default.
10
11 Please note that Alberto has arrived at 7:15 pm
12
13 Chair called for the continued hearings:
14 3. Edgewood Retirement Community, Inc., 575 Osgood Street, Map 36, Parcels 3, 17,18,
15 and 19 - Site Plan Review Special Permit and a Modification Special Permit to construct
16 27 new cottages & greenhouse & new 20 foot wide roadway with individual driveways to
17 access cottages within the R-2 zoning district. Applicants engineer sent revised plan on
18 5/29/07. Applicant submitted revised drawings on 6/21/07, awaiting VHB's review.
19
20 Lincoln stated that staff talked w/Town Counsel to discuss procedural application matters.
21 Application contains 4 lots, only. CCRC in Town, Counsel wants them to go forward
22 without asking them to withdraw w/prejudice. PD provided a schedule dated July 11,
23 2007. ZBA grants a variance for setback for 8 units labeled G (see page 3) first step get
?4 variance from ZBA for 100' setback and units next to access way. If PB grants SP
25 condition it upon the successful approval of ANR to make one large lot from the 4 lots.
26 Con/Com grants NOI within 30 days, after approval by PB applicant applies for the ANR
27 to combine the lots in the final step. Doesn't affect the original SP issued by PB in 1990?
28 Open Space will comply with setback for entire lot.
29
30 Please note that John Simons arrived at 7:22 pm.
31
32 Size of lot contains not less than 25 acres; one parcel is only 19 acres, therefore couldn't
33 file for separate CCRC, criteria has to be only one lot and can't be 2 lots. By including the
34 new lot it appears to meet all of the specifications that were in the original permit. Now
35 they need to go to ZBA to be in compliance w/zoning. This is pending their application to
36 Con/Com is the PB willing to make a finding tonight? PB asked why wouldn't applicant
37 go for ANR first? This should be a new Site Plan SP if approved by PB.
38
39 Atty. Robert Lavoie stated that he's asking to fold in 19 acres and use them, this could be
40 viewed as a modification to CCRC original permit. Make a modification to existing SP to
41 add 19 acres. What is the amendment to the original SP? Atty. Lavoie to submit that to the
42 PB.
43
44 Chair discussed waivers: Mr. Ingram stated the following: that all additions are there to
45 preserve the quality of life for seniors. Improved the dimensional setbacks not asking for
46 as much relief from ZBA. Con/Com moved the roadway out of 25 foot no build zone.
Planning Board
Minutes
July 17,2007
Page 2
1 Historical commission met w/them and asked them to inventory all sheds, and family
2 houses; they will work with Margaret Wheeler regarding barns and will construct their
3 work on the further side from the barns. Asking for 3 waivers. Submitted their review
4 back to VHB. Meeting w/ZBA on August 14. Lincoln to check file to see if waivers on
5 traffic impact study, and community impact study and fiscal impact study are there. Atty.
6 Lavoie pulled out the 1989 traffic report from the PD files. Chair asked was a community
7 impact study done? Atty. Lavoie couldn't find it in the PD file. Lincoln to look at
8 language and see if fiscal impact study and community impact study was previously
9 waved. Lincoln checked and said none were done. Run the traffic impact study by
10 somebody to check if the points are still valid today and have VHB do the evaluation.
.11 Look into our PD file and address any significant concerns for these waivers.
12
13 Mr. Ingram of Linbeck did an overhead presentation showing pictures of existing facility.
14 Showed 11 cottages on pictures. PB wants the pictures to be taken from the top of half-
15 mile hill; these pictures are taken from ground level. PB doesn't like the pictures. PB
16 issued its original permitting that got approved by looking at pictures submitted in 1989 all
17 buildings should have a significant amount of open space.
18
19 PB stated that this area is a jewel in N.A. plus Town has spent millions of dollars to
20 preserve the land and open space and prevent encroachment of development up close to the
21 property. Now, what has happened all of these units butt up against the buffer zones in a
22 highly visible and obtrusive way, now, there is a tremendous impact and anyone going up
23 half-mile hill will see all of the proposed units.
-)4
25 Mr. Ingram stated that there is land that has a covenant placed upon it to use as a walkway
26 to walk to half-mile hill. Roadway has to be paved, or just graveled, to keep it in good
27 condition for citizens to use it.
28
29 Atty. Lavoie stated that in the 1990's the Edgewood construction came about, then Sam
30 Rogers deeded the property and also recorded right of first refusal to Edgewood then Town
31 had the 2nd right of refusal.
32
33 PB wants to know if the proposed buildings can be repositioned away from the half-mile
34 hill view? Margaret Wheeler, Trustee of Reservation spoke and pointed out Weir Hill
35 reservation land, she stated there are two conservation restrictions owned by the Town.
36 Wooded area should be maintained back to the boundary(see lower right side of plan) and
37 kept wooded. She wants proposal from Edgewood regarding conservation restriction of
38 demarcation of line on Edgewood site. Another spot has a large amount of impervious
39 surface, is this drainage land adequate to protect the existing houses on this area? Similar
40 issue of conservation restriction on boundary area (on upper left) of the proposed
41 structures. All this issue is relative to the proposed structures.
42
43 Lincoln will submit his review of the conceptual ANR plan to Edgewood. Lincoln will
44 research to see if the PB can do the modification that they think they can.
45
46
Planning Board
Minutes
July 17,2007
Page 3
I time now is 8:45 pm
2
3
4
5 Impromptu discussion:
6 Chair asked about the letter from Town Counsel regarding the definition of a structure
7 relative to trailers pertaining to the Frank Ragonese issue. The bylaw needs to be amended,
8 Lincoln to draft this language. Mr. Ragonese, 1939 Great Pond Road was present and
9 stated that his court case has been heard and now it's in the hands of the court. Would the
10 Ragonese vs ZBA have any effect on this application that the PB is discussing? Probably
11 wouldn't effect this current parking lot decision. Lincoln stated that the engineer supplied
12 all the required reviews. Major landscaping plan has been submitted. Lincoln stated the
13 Plan is satisfactory.
14
15 Continued hearing:
16 4. Angus Realty Corporation (Butcher Boy Market), 1077 Osgood Street, Map 35,
17 Parcel 27- Site Plan Review Special Permit&Watershed Special Permit to permit
18 construction of parking lot expansion area and associated storm water management system
19 within G-B Zoning District.
20
21 Lincoln stated that the PB should review two decisions tonight. Alberto viewed a tape of
22 the past PB meetings, Chair is of the opinion that Mr. Angles is up to speed to vote this
23 evening.
14
25 Most members of the PB have questions regarding the trailer issue. Mr. Ken Yameen was
26 present and stated that"it's in the hands of the court". Chair wants to know what Mr.
27 Yameen's plans are now? Mr. Yameen stated he's waiting for decision from court first.
28
29 Lincoln stated that the Town has been working w/the Yameen's to increase storage space
30 for their products, therefore, eliminating need for trailers in the future.
31
32 Chair asked is there any opportunity such as tenant to be moving out and the Yameen's to
33 do something about the trailer issue then? PB would never have permitted a storage trailer
34 on site. If Mr. Yameen wins the case in court is he not going to do something with the
35 trailers?
36
37 Mr. Yameen said he's waiting for the decision from court.
38
39 PB asked will there be any more trailers put there? Chair stated put in the decision that no
40 additional trailers will be put on this site.
41
42 Ms. Yvonne Yameen stated that every business has trailers in their back yard. Look at
43 Stop and Shop and Demoulas and you will find trailers there.
44
45 PB stated that if zoning change goes thru then some Board would have jurisdiction to make
46 you move the trailers. Urge you to pursue alternatives to what's going on now, alternative
Planning Board
Minutes
July 17,2007
Page 4
t-
I such as possibly expanding your building. PB wants to be consistent with all future
2 decisions as to how they condition a trailer issue. Check the Messina decision to see if a
3 trailer issue is in there. Condition the decision that a site cannot contain more than 2
4 trailers on site. Possibly at Christmas time this would require the need for storage and use
5 of trailers. Add clause no additional permanent storage of trailer will be allowed on site,
6 temporary trailer maybe allowed for up to a two-week period from time to time during the
7 year. This condition is subject to future zoning changes pertaining to storage of trailers and
8 this decision must always be in compliance with the existing zoning as such.
9
10 Mr. Ragonese stated that the Chair is making a bigger mess of this issue,these are not
11 permitted trailers in the first place, and this is the essence of the Court issue now and that the
12 Yameen's have no intention of moving the trailers, whatsoever. They bring in diesel trailers
13 that make more noise than what is there now. He just got a call from a friend saying that a
14 decision was rendered and he lost the case. Just because a trailer has wheels and has a Maine
15 plate (not a Mass plate) doesn't mean that it's going to be moveable. Trailers have been
16 there for 6 years in the same location. Mr. Ragonese stated that, "Its been hell for 6 years."
17
18 Chair stated to put in the wording that additional trailers would not be permitted.
19
20 Chair asked the Yameen's that if you brought in the trailers are they kept there until January?
21 The Yameen's stated that the food is only in the trailer for a couple of days then put on the
22 shelves. Additional Screening was initially put in at original approval to help Mr. Ragonese.
23
24 Upon a motion by Alberto Angles, 2nd by John Simons to close the public hearing tonight for
25 a Watershed SP and Site Plan SP,vote was unanimous.
26
27 Site Plan edits: check out the reference to a two-story building? Is it one story or two stories?
28 Check 5.3 acres and locus says 7.3?make sure that corner of intersection be kept watered
29 down to keep the dust from the new project located at the corner(Mad Maggie ice cream)
30 will be opening. Upon a motion by John Simons to approve a Site Plan Review Special
31 Permit as amended this evening, 2nd by Jennifer Kusek, vote was unanimous.
32
33 Edits: Watershed SP add at snow removal snow area- look at deed restriction and if original
34 decision has it then put it in-take out on page 2 that John Simons and Richard Rowen - check
35 out if no pesticides,put in this decision info. about pesticides. Upon a motion by Alberto
36 Angles to approve a Watershed Special Permit as amended this evening 2nd by John Simons,
37 vote was unanimous
38
39 Continued hearing:
40 5. GFM General Contracting Corp., 1812 Turnpike Street, Map 106D, Parcel 46 & 47 —
41 Site Plan Review Special Permit - Construct 38,430 s.f retail/office building within General
42 Business zoning district. Applicant submitted waiver for June 19, 2007. Revised plan
43 submitted on 7/11/2007. Lincoln stated that he is satisfied with the review.
44
45 Atty. Smolak wants to address the common driveway. Common driveway is located East on
46 the property this creates a single driveway instead of two driveways. July 9, 2007 is current
Planning Board
Minutes
July 17,2007
Page 5
I rev. on plan. Construct a 6-foot fence on easterly boundary put on plan. Max building height
2 is 45 feet. Con/Com recommended a 6-foot vinyl fence be provided as a buffer between
3 parking area and green line wetland boundary on plan. Tim Willett stated that sewer line is
4 going in wrong direction, however, it has now been designed property. Large front window
5 looks better than previous view. Screened dumpster, condition Mass Highway cut and
6 MEBA, look at landscape plan and see 2 %2 inch rhododendrons in a couple of spots. Fix it.
7 Upon a motion by Alberto Angles to close the public hearing, 2nd by John Simons, vote
8 unanimous 5-0. Staff to draft decision for next PB meeting.
9
10 Chair called for the public hearings:
11 6. GFM General Contracting Corp., 1812 Turnpike Street, Map 106D, Parcel 46 & 47
12 Request for Common Driveway Special Permit within General Business zoning district.
13 Lincoln stated that this is the first public hearing for a Common Driveway. Use the July 9,
14 2007 plan. VHB did review this project and has no issues Wit. Upon a motion by Alberto
15 Angles to close the public hearing, 2nd by John Simons, vote was unanimous. 5-0 approved.
16
17
18 7. RCG North Andover Mills LLC , One High Street (a/k/a/ 120 Water Street & 21 High
19 Street— Preliminary Planned Development District Special Permit— Conversion of 35,
20 000 s.f. of office space to 15,000 s.f. of retail space, and twenty 1 & 2 bedroom
21 apartments within the I-S zoning district.
22
23 Attorney Smolak stated Alex and David Steinberg were present. This is 1 st phase of project
14 contains 22 % acres in size, within the I-S zoning district. 235,000 s.£ of office and R&D
25 space. Applicant is requesting preliminary approval of first phase. They will file a definitive
26 plan for approval once the preliminary is approved. This is corner stone combined w/the
27 Messina project that will liven up the down town area and the Town is fortunate to have this
28 group come to Town.
29
30 David Steinberg said they would work within the footprint available. Do portion of
31 residential and retail together. Working essentially within the buildings, except for the
32 penthouse relative to doing the rooftop construction. Retail portion along High St. will start
33 construction on 2nd floor in SW corner and goes down to first floor to create a streetscape.
34 Restaurant will be used for first space. Chris Morris will be the owner of the approximate 3K
35 s.£ restaurant. The 2nd aspect is the residential conversion associated with the Water St.
36 entrance;there is already a 30-space parking lot, and 20 loft style apartments 1 and 2
37 bedroom and studio as well. Penthouses in Bldg 11 are on the side of the Water St. entrance
38 overlooking the pond. Using their own construction team they want to start as soon as they
39 can pull permits.
40
41 Chair asked when you mix residential and commercial what do you do for emergency exits?
42 Mr. Steinberg stated that there might be certain shared egresses. Residents have a separate
43 front lobby. Parking is an issue; applicant is planning to add on-street parking for retail and
44 street parking along Water Street as well.
45
Planning Board
Minutes
July 17,2007
Page 6
1 Corner of intersection needs a 4 way stop. Mr. Steinberg will work w/Machine Shop Village
2 relative to this.
3
4 How can the Town help to enhance the streetscape area? Zoning Administrator should look
5 at this issue. PB wants to help control this issue. Maybe outdoor tables located on the
6 sidewalk?
7
8 Alex Steinberg stated that 15K s.f. is total of retail, the restaurant is only 3K s.f.
9
10 Who approves the 4 way stop signs? Police and BOS vote on it. PB should recommend the
11 stop sign issue. High Street is 35 feet wide, so parking on both sides would be too narrow.
12 However, one side of the street parking would be ok preferably on restaurant side
13
14 Possibly a change in signage would break up the"long commercial look of the buildings"?
15 Pick out a residential looking window instead of the existing blacked out windows. Re do
16 landscaping and rearrange parking too. Add a row of bricks. This building has a complete
17 wall of glass and 14 foot ceilings, some windows needs to become operable, 8 percent has to
18 be light and 4 percent has to be vented put some kind of patterning for some relief. Check on
19 what the criteria is to approve this PDD SP.
20
21 Alberto wants something done with the street parking. Lincoln to get comments from
22 Officer Carney of the Police Department. Draft a decision.
23
14 Paul Gilligan,Walker Rd. abutter likes that the applicant is coming in piece by piece. He
25 believes that 20 apartments and 30 parking spaces aren't going to cut it. Nor is the distance
26 from the restaurant and parking lot going to make the restaurant accessible
27
28 Upon a motion by John Simons, 2nd Alberto Angles to close the public hearing, vote was 5-0
29 unanimous. PB should do a site visit. Applicant can meet PB on Saturday, July 28d'at 9ish.
30
31 Public hearings:
32 8. H. David & Allyson Fournier, 15 Timber Lane—Map 64—Parcel 38 -Watershed Special
33 Permit — Raze existing single-family dwelling and construct a new single-family dwelling
34 with deck, pool, and garage within the Non-Disturbance zone of the Watershed Protection
35 District.
36
37 Atty. Borenstein was present and stated that he just received VHB's review this afternoon.
38 He explained the project, which is to tear down the single family home; Fournier's have
39 owned this property for 17 years. Will replace w/a new home, pool, deck, garage etc.
40 Wetland line is set and got an extension to issue an Order of Conditions from Con/Com.
41 Project is on sewer now. Wetland is isolated. Proposing a much larger home. Put in 25 foot
42 long stonewall. Shed and patio are inside 50 foot. Moving house and driveway outside 100-
43 foot area. A permanent structure in the Watershed requires a variance from the ZBA.
44 Continue this until Aug 7d`PB meeting.
45
46
Planning Board
Minutes
July 17,2007
Page 7
1 Impromptu discussions:
2 -
3 * Planning Department sent a letter to cell tower applicants to advise them that they have 30
4 days to respond otherwise their SP will be revoked. Put this issue on the August 7t' PB
5 agenda who has or has not responded to the 30 day letter.
6
7 * Chair to review the list of surety bonds and get back to Mary and determine which registered
8 letters will have to be sent out, applicants must renew their surety bond money or PB will go
9 back in and look at the permits and take back the permits. In a declining economy such as
10 this, the issue of road repairs that should have been done by the applicant doesn't get taken
11 care of, then it becomes the Town's problem. Chair is trying to avoid allowing this to
12 happen.
13
14
15 * Chair to talk w/Town Counsel to discuss language of future surety bonds.
16
17
18 * Town Manager issued a letter to Mr. St. Hillaire (small white residential structure located
19 adjacent to Nursing Home on Turnpike Street) as Town wants to renovate existing building.
20 Deed over this structure to the Town and Town will take it over.
21
22
23 APPROVAL OF MINUTES:
A 9. Approval of the June 26, 2007 Minutes.
25
26 PB stated that they need time to read the"Minutes"before approving them.
27
28 Motion to adjourn by John Simons, 2nd by Alberto Angles, vote was unanimous 5-0 meeting
29 adjourned. at approximately 10:40 pm.
30
31
32 UPCOMING PLANNING BOARD MEETINGS:
33 August 7, 2007
34 August 21, 2007
35
36
37 By order of the Planning Board
38
39
40
41 _
42 Approved
Planning Board
Minutes
July 17,2007
Page 8
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TOWN OF NORTH ANDOVER
PLANNING BOARD
Minutes
August 7, 2007
Town Hall, 120 Main Street
7:00 PM
Members present: Richard Nardella, Chairman
John Simons, Vice Chairman
Richard Rowen, regular member
Jennifer Kusek, regular member
Timothy Seibert, alternate member
Member absent: Alberto Angles, Clerk
Staff present: Lincoln Daley, Town Planner
Mary Ippolito,Planning Assistant
Chair called the meeting to order at approximately 7:10 PM. Chair introduced the panel to the
assembly and proceeded to announce the following agenda items.
Postponement:
There were no postponement items.
Chair called for the following discussion items:
1. Ray Cormier, Chatham Crossing Subdivision. Modification to the approved drainage
design to create above ground detention pond.
Chair stated this has been an ongoing drainage structure issue with this subdivision and that
an underground detention basin was not constructed,now they are looking at an above -
ground detention basin to handle the water management for the entire site, they will be
looking for street acceptance soon. DPW agreed upon a less invasive design of a detention
pond.
Dan Corvious w/DK Engineering stated there is no detention present now for the basin.
Please note: John Simons and Timothy Seibert arrived at 7:15pm.
Planning Board
Minutes
August 7,2007
Page 1
RR wants to know why the condo association didn't put the detention basin in themselves?
Chair stated that DPW is happy to see this detention pond design being put in now. Chair
read a letter from Gene Willis dated May 24. JS stated that the PB spent a lot of time on
the submittal of the subdivision approval process regarding drainage, grading, etc., and that
the detention pond was located at the front end of the subdivision. JS stated now this is not
what we're asked to do. JS stated that PB was lead to believe that underground detention
basins were"state of the art." This needs to go thru a modification application. Chair
stated that the engineering study required that this needs to hold a great deal of water in the
basin. JS said this in not a minor modification. RR feels that the condo owner's property
value has decreased because of this issue.
Dan Corvious stated that the detention pond is 4 feet deep and it will be screened.
JS stated that the PB should have an open process and let everyone know of this process.
Chair stated some of the abutters were not in agreement at the original subdivision process.
Chair wants to deal with the issue at hand now. Applicant should file a modification
application and legally notice for a public hearing. Make sure Gene Willis will endorse
this plan submitted by Mr. Corvious tonight. RR wants to hear from DPW why
maintenance is such an issue with this project. If this street is accepted at Town Meeting
then the Town maintains the drainage structure?
Mr. Corvious will place exactly what should be on the plan of land.
Chair asked if we approve this kind of project and the Town assumes the maintenance of
this structure then think about this, Chair said maybe they would not have gone down this
route because it's not coming out of the condo association, it comes out of the Town. RR
thinks people in subdivision have the right to speak up.
Mr. Corvious to submit a good strong plan that depicts everything, fence etc. and tell PB
what he intends to plant.
2 Wireless Service Facilities, -Resolution of Site Plan Permits. Planning Department sent a
letter to wireless service facility companies requesting that the Site Plan Permits be
renewed and established a 30-day window to respond.
Lincoln stated we have been working w/Sprint on the procedures required. Chair wants to
give them until August 13t', if they don't contact us by then to make plan to renew then
there is a penalty$300.00 per day. State our bylaw.
3. Surety Bond Administration Process. Chair to review the list of surety bonds and provide
feedback to Planning Staff to identify expired surety bonds and establish a notification
process for renewal. Chair to talk w/Town Counsel to discuss language of future surety
bonds. Chair explained the Dean Chongris surety bond issue and that the surety bond
doesn't expire. Chair wants PD to be proactive and send out letters prior to expiration.
Planning Board
Minutes
August 7,2007
Page 2
Chair signed both letters to Peachtree (Mr. Darcy) and to Peter's Street Realty Trust
(Tribune).
4. John Carroll, 642 Turnpike St., Requesting a waiver from Site Plan Review Special
Permit to allow a change of use from Residential to CDD2—
Lincoln stated that this property is located away from North Andover side, it's near
McGregor's Fence Co. There is language in the zoning district to allow applicant to
request a waiver and not go thru application process. JS doesn't like not legally noticing
the abutters because the PB wants to do this the right way. Chair doesn't want to open this
up for review. Lincoln read Section 16.11 of the bylaw section regarding a waiver. JS
wants to know the specifics of the language. JS asked does it say under the bylaw when
change of use from residential to non-residential you have to comply with the Site Plan
process? Lincoln read the bylaw relative to 8.3 and CDD2 district.
John Carroll was present, his intended use is strictly for landscape design and to renovate a
single family dwelling into office space, same foot print and he's bringing it up to code.
He may do cobblestone detail in parking area. Maybe some signage will be done.
Lincoln is in favor of this project. This is the first applicant to come into the CDD2
district. JS wants to re-read the language in the bylaw. This one is pretty benign and a
small lot,PB really didn't need to see this tonight. Chair explained that PB needs to clean
up the language in CDD2 district in the bylaw.
Motion by Richard Rowen to waive the Site Plan Review SP for CDD2 zoning district, 2nd
by Timothy Seibert,vote was unanimous 5-0.
5. Chai Senabunyarithi,former owner of Chai Restaurant, 1070 Osgood St. Requesting a
bond release in the amount of$5,000.00. Letter from engineer and as-built submitted.
Motion by Richard Rowen to release and close out the bond of$5,000.00+ accrued interest,
2nd by Jennifer Kusek, vote was unanimous 5-0.
6. 365 Johnson St., Joe Pelich. Requesting a bond release in the amount of$1,000.00. Letter
from engineer and as-built submitted. Chair directed the PD to put this on the next PB
agenda because the wording submitted in the letter doesn't seem correct. DPW didn't get
back to the PB on this issue.
Chair called for the Continued Hearings:
7. Sprint Spectrum L.P.—300 Chestnut Street—Modification of a Special Permit
installation of 7' —6" x10' (8' high) versaflex equipment cabinet into existing tower
compound. Nine new panel antennas w/antenna centerline of 130' —0" on existing lattice
tower within R-3 zoning district. Applicant to request to Withdraw Without Prejudice
Planning Board
Minutes
August 7,2007
Page 3
Lincoln stated the PD is in receipt of a letter from the applicant requesting to withdraw
without prejudice. Upon a motion by Jennifer Kusek to allow Sprint Spectrum, L.P. to
Withdraw Without Prejudice, 2nd by Timothy Seibert, vote was unanimous 5-0.
8. Edgewood Retirement Community,Inc., 575 Osgood Street,Map 36, Parcels 3, 17, 18,
and 19 - Site Plan Review Special Permit and a Modification Special Permit to construct
27 new cottages & greenhouse&new 20 foot wide roadway with individual driveways to
access cottages within the R-2 zoning district. Applicant sent revised plans on 6/21/07
Lincoln stated this meeting is to discuss VHB review, and historic commission, and visual
from Half Mile Hill view scape. Mr. Ingram stated he wants a waiver for the traffic study.
He obtained traffic studies in 1986 and 1989. Both are consistent with current conditions
now. Study indicates its well below maximum volume of traffic and there should not be
any excess use.
Chair stated traffic study is 20 years old. RR doesn't have an issue w/27 more cottages.
Motion to waive a traffic impact study for Edgewood Retirement Community application
by Richard Rowen, 2nd by Jennifer Kusek, vote was unanimous 5-0.
Mr. Ingram asked that the fiscal impact study be waived,public services is major impact,
road within site is private road, Edgewood will be responsible for maintaining the roads,
garbage is Edgewood's responsibility too, utilities were designed for 250 capacity. No
impact upon school.
JS asked if they crosschecked the reality with original study of fiscal impact?
Mr. Ingram could not give specific figures regarding Fire Dept, eta
Motion to waive additional fiscal impact report regarding Edgewood application by
Richard Rowen, 2nd by Timothy Seibert,vote was unanimous 5-0. JS voted in favor but it
doesn't mean he endorses the overall project.
Mr. Ingram stated that because of the Community impact study, and because of the
neighboring historic structures etc. he has developed smaller rather than larger structures &
took measures to restore the barns&tearing down dilapidated existing structures.
Chair thought that in original decision the community impact study was waived? PB
discussed the definition of what a community impact study is.
Mr. Ingram will submit a study and outline the points done in 1989 and call it a community
impact study. VHB submitted their review and Mr. Ingram will finalize their comments
tomorrow. Historic Commission met w/them and addressed their issues; they sent e-mail
to Lincoln indicating that they will not oppose the demolition of sheds in this project.
Submitted photos of Half-Mile Hill and included construction of units. Including
evergreen plantings on Edgewood side of property to keep a visual buffer.
Planning Board
Minutes
August 7,2007
Page 4
t
PB discussed tree plantings of evergreens etc. JS wants stakes at the end of where the
building is and at the top of the new building and at the other end of where new structures
are, and front of driveway of buffer. JS wants to see architectural renderings tonight_. Get
VHB responses. If there are open items Lincoln to address them.
Edgewood will not do any work beyond the moratorium line. Edgewood to put together a
community impact report. Come back in at the next PB meeting.
9. H.David&Allyson Fournier, 15 Timber Lane—Map 64 —Parcel 38 -Watershed
Special Permit—Raze existing single-family dwelling and construct a new single-family
dwelling with deck,pool, and garage within the Non-Disturbance zone of the Watersh
Protection District. Continue from June 26th. - %
Lincoln stated he has a final review from VHB and issues have been addressed, he's satisfied
with the application and he recommends approval and draft a decision for the next PB
meeting.
Atty. Borenstein stated see the VHB review he needs a variance from ZBA? Permanent
structure in Watershed requires a variance from_ZBA,however, this is an accessory structure
such as a pool.
Motion to close public hearing tonight by John Simons, 2nd by Richard Rowen,vote
unanimous, 5-0. Draft a decision.
PUBLIC HEARING:
10. Thompson Brothers Industries,Inc. 210 Holt Road, -Map M34 &M77 Parcel L27, L38,
L40 &L14 - Site Plan Review Special Permit to construct a recycling facility and solid
waste transfer station of approximately 30,000 s.f. within I-2 zoning district.
Philip Jagoda, Engineer, explained the project, as it is a solid waste recycling facility,
30,000 s.f. This was approved by State and local permits. BOH dictated the site design.
EOEA granted a certificate of approval. Con/Com confirmed wetland of 100 feet of area of
delineation. NOI was submitted in July. 17,000 s.f. in SE corner of buffer zone. Required
underground storage mandated by BOH. Applicant needs to combine lots via form A.
Bill Thompson, owner, stated lot 1 is not part of the site assignment process. Lincoln to
check this out. At minimum take the middle two lots and combine them via form A. Lots 2,
3, 4 specifically were designed to handle the drainage on those lots.
Chair wants the PB to read the entire package. Lincoln to make sure to read site
assignment.
Traffic study done and most of traffic flow was dictated by the traffic study. Trucks are
mandated to use Haverhill connector.
Planning Board
Minutes
August 7,2007
Page 5
Lincoln received VHB comments. Make sure final plan is in compliance w/Town of N.A.
bylaws. Fiscal Impact and Community Impact were completed for the site assignment. Steel
constructed facility,height restricted to 40+ feet("restricted to 40+feet" sounds awkward. It
contradicts itself). He should submit complete renderings of facility to Lincoln. The existing
business in on lot 4 currently. Come back in on 21St. If applicant doesn't have their
responses then ask them to submit a continuance.
DRAFTED DECISIONS:
11. GFM General Contracting Corp., 1812 Turnpike Street, Map 1061), Parcel 46 & 47—
Site Plan Review Special Permit - Construct 38,430 s.f retail/office building within General
Business zoning district. Applicant submitted waiver for June 19, 2007. Revised plan
submitted on 7/11/2007. Closed the public hearing and draft a decision. Same set of plans
for both decisions. #16 condition trailer strike the word strictly. Motion to approve a Site
Plan SP for a retail office bldg. as amended this evening by John Simons, 2nd by Richard
Rowen, vote was unanimous 5-0.
12. GFM General Contracting Corp., 1812 Turnpike Street, Map 1061), Parcel 46 & 47
Request for Common Driveway Special Permit within General Business zoning district.
Lincoln stated that this is the first public hearing for a Common Driveway. Use the July 9,
2007 plan. VHB did review this project and has no issues w/it. Closed the public hearing.
Driveway will be constructed in accordance with the plans submitted. Motion to approve a
SP Common Driveway as amended this evening by John Simons, 2nd by Jennifer Kusek,
vote was unanimous 5-0.
13. RCG North Andover Mills LLC , One High Street(a/k/a/ 120 Water Street& 21 High
Street—Preliminary Planned Development District Special Permit—Conversion of 35,000
s.£ of office space to 15,000 s.£ of retail space, and twenty 1 &2 bedroom apartments
within the I-S zoning district. Drafted decision. Motion to approve Preliminary Planned
Development District SP. Edits: eliminate the word correctly on letter a.put in sufficiently.
Motion to approve a PPDD SP by John Simons, 2nd by Richard Rowen,vote was unanimous
5-0. PB wishes the applicant best of luck.
Lincoln to ask Town Counsel if a preliminary is required.
APPROVAL OF "MINUTES":
Approval of the June 26, 2007 Minutes. Motion to approve the Minutes as amended by Richard
Rowen, 2nd by Jennifer Kusek,vote unanimous 5-0.
Planning Board
Minutes
August 7,2007
Page 6
Approval of the July 17, 2007 Minutes. Motion to approve the Minutes by Jennifer Kusek, 2nd
by John Simons, vote was 4-0 unanimous. Richard Rowen abstained from voting.
Motion by Jennifer Kusek to adjourn at approximately 9:30 pm, 2nd by Tim Seibert.
UPCOMING PLANNING BOARD MEETINGS:
August 21, 2007
September 4, 2007
September 18, 2007
By order of the Planning Board
Approved
Planning Board
Minutes
August 7,2007
Page 7
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5 TOWN OF NORTH ANDOVER
6 PLANNING BOARD
7 Minutes
8 August 21, 2007
9 Town Hall, 120 Main Street
10 7:00 PM
11
12
13 Members present: Richard Nardella, Chairman
14 John Simons, Vice Chairman
15 Alberto Angles, Clerk
16 Richard Rowen,regular member
17 Timothy Seibert, alternate member
18
19 Member absent: Jennifer Kusak,regular member
20
21 Staff present: Lincoln Daley, Town Planner
22 Mary Ippolito, Recording Secretary
23
i
"�5 Chairman Nardella called the meeting to order at approximately 7:15 pm and introduced the
26 panel to the assembly. Chair also stated that he may not be in attendance at the September 4,
27 2007 PB meeting.
28
29 Chair announced that the following applicants will be postponed until the September 4th
30 PB meeting.
31
32 Sprint Spectrum L.P.—300 Chestnut Street—Will submit renewal of an original Special
33 Permit application for versaflex equipment cabinet into existing tower compound. 9 panel
34 antennas w/antenna centerline etc.within R-3 zoning district.
35
36 Thompson Brothers Industries,Inc. 210 Holt Road,Map M34 &M77 Parcel L27, L38, L40,
37 & L14. Site Plan Review Special Permit to construct a recycling facility and solid waste transfer
38 station of approximately 39,000 s.f, within I-2 zoning district.
39
40 Chair announced that an Executive Session will take place this evening Chair asked for a
41 roll call. PB went into Executive Session.
42
43 Butcher Boy Market Place Appeal. Town Counsel to address Planning Board.
44 PB came out of Executive Session and resumed regular PB meeting.
45
,6
Planning Board
Minutes
August 21,2007
Pagel
e ;
1 Chair called for discussion regarding Cell Tower renewal.
2 1, Wireless Service Facility Committee and Wireless Service Facility Application
3 Process. Discussion involving the role of the Wireless Service Facility Committee and the
4 renewal application process for Wireless Service Facility Special Permits.
5
6 Chair wants Mary to submit a list of cell tower Special Permits about to expire and notify
7 Chair of who they are. Chair explained that a fine could be placed on the applicant if they
8 do not comply with their SP requirements.
9
10 Chair asked how did the clause regarding fining get into our bylaw? Lincoln stated that he
11 was not sure who put it in the bylaw either;however it's under the guise of the FCC.
12
13 Attorney Urbelis stated that Con/Com has a provision to fine applicants in their bylaw.
14 Look in the general bylaw regarding violations of bylaw and regarding fines. These cell
15 tower types of projects,however, were up against the telecommunication act of 1996,
16 which Congress passed regarding cell towers. The language is used to encourage
17 applicants to file for renewal/approval of a SP with a threat of fine hanging over them.
18
19 Attorney Urbelis stated that these permits are now being sought to be renewed by Sprint up
20 to now for a SP. If PB did impose a fine we would be met with a retort saying
21 Telecommunication Act of 1996 and it would be an aggressive defense by Sprint. There
22 has been no fine done in the Commonwealth of Mass regarding this matter.
23
24 Tim Seibert will be on the cell tower committee. Our Bylaw has distance calculations
25 regarding dimensional area that is 600 feet from the abutter's property line? There are
26 other communities who enforce multiple fall down zones for less then the 600 feet setback.
27 Cell Tower Committee's first meeting is scheduled for the middle of mid September. They
28 will look at the bylaw and try to improve it,however, in what shape we don't know. Atty.
29 Urbelis will offer some views to the committee. What piece of the 1996
30 Telecommunications Act is Attorney Urbelis stating from? It's the first paragraph (I)
31 which prohibits an installation of a tower however,there is some gray area in it.
32
33 RR wants to know if the two Sprint applicants didn't want to reapply for renewal then what
34 basis would they say the fine would not apply? Attorney Urbelis stated that after 5 years of
35 costly litigation to this Town they would probably know the answer.
36
37
38 Chair called for discussion:
39 2. David Steinbergh,RCG. 21 High Street project. Discussion regarding Phased
40 Development Bylaw as it relates to the 21 High Street Mixed-Use development.
41 Attorney Smolak stated that RCG filed a Definitive PDD application. Phase Development
42 bylaw applies to these proposed residential units only. Only 10 of these rental units
43 would apply for a building permit. RCG can apply for more residential upfront. Then
44 RCG could apply to build 30 units over a 7-year period. RCG wants to phase in
45 residential units and commercial units at the same time. PB can permit twice the allowed
Planning Board
Minutes
August 21,2007
Page 2
1 maximum units to be built out and the PB can waive this schedule. RCG wants PB to tell
2 them how to plan this process out.
3
4 Chair stated that if you apply to build units in December then you would be applying for
5 that year's number. Then come in again in January and apply for that year's number. PB
6 can accelerate the number, or if RCG applied for the total number and applied for the
7 number to be built over 7 years, there would be no penalty if the builder actually ended up
8 not building the total number he applied for.
9
10 RR wants to work within the framework of the bylaw.
11
12 JS stated if you deal with the first phase then the problem goes away.
13
14 Mr. Steinberg, developer, stated that he plans to show 200 units to build,but he isn't sure
15 about the 7 years for the plan. If he filed for Phase 1 on a technicality he can get started
16 now? Should he come back with 20 more units the next time he comes back in?
17
18 Chair stated if you double up on the number of units then come back in and ask for more
19 then this will hurt you the next year.
20
21 JS stated that he thinks you could come in and ask for 20 and get 20. You should get
22 direction for the long term.
23
24 Chair stated to come up with the total build out and PB can approve the plan, you can
25 modify it later.
26
27 Atty. Smolak can submit the footprint of the building,but it's not easy to submit
28 architectural drawings for them too.
29
30 AA wants him to submit a master plan of what to do with the existing buildings, and
31 exclude future buildings for a future time.
32
33 Atty. Smolak wants to discuss this with Gerry Brown, Building Inspector.
34
35 PB discussed the intent of the bylaw.
36
37 Mr. Steinberg stated that he would come in with a plan for enough for a critical mass for
38 each phase. He will work w/his architectural team to see how everything else will work.
39
40
41 Chair called for discussion:
42 3. Paul A. Marchionda, PE., 96-unit, 55+ residential housing project located at Boston
43 Hill. Requesting a one-year extension to the approved Site Plan Review Special Permit
44 that will expire on October 26, 2007.
45
Planning Board
Minutes
August 21,2007
Page 3
I Paul Marchionda, PE, asking for a one-year extension for the SP for Boston Hill. He stated
2 that the real estate market is rough for over 55+.
3
4 Chair asked why he didn't start some clearing as Mr. Marchionda previously that he would
5 do?
6
7 Mr. Marchionda stated that it wouldn't do any good to tear up the site because it would
8 only sit there.
9
10 JS stated that he doesn't see any reason to not extend the SP.
11
12 AA stated that he thinks by today's standards this is a different animal than when the
13 project was originally approved.
14
15 Chair stated that he would be in favor of the extension,however, Alberto is correct because
16 zoning and bylaw has changed. Look at the file to see if there is anything that PB might
17 have done differently? There is a glut of over 55+ in North Andover now.
18
19 Lincoln stated that stabilizing of slopes issue was the big issue at that time. Paul may need
20 a modification to approve this request for an extension.
21
22 Mary make copies of the decision and give them to the PB members. Get input from other
23 department heads on this issue and submit them to PB. Mr. Marchinda should come back
24 in at the Sept. 18 PB meeting.
25
26 Mr. Marchionda stated that he feels he's running out of time time.
27
28 Lincoln stated that Paul should post his bond. Phase 1 is taking down small buildings
29 located at front of#114 and taking down the ski run. Then do erosion control to initiate
30 phase 2.
31
32 PB may make changes to grant the extension.
33
34 Mr. Marchionda's preference is to put off posting a bond or start the project now.
35
36
37 Chair called for discussion:
38 4. Bill Barrett, 96 Marbleridge Road. Requesting a waiver from the Watershed Protection
39 District Special Permit. Letter from Engineer and plan of land submitted.
40
41 Benny Osgood Jr. is representing Bill Barrett. He requested a waiver from a Watershed SP
42 district.
43 Owner wants to construct new garage. Look at the site today and when construction is
44 done the total impervious area would be less than what exists today. Work is proposed in
45 325 non discharge zone because uses are allowed without a SP. He's not creating any
46 storm water discharge. He's going to put in a slab and put on a garage. Chair said terrace
Planning Board
Minutes
August 21,2007
Page 4
I by its nature involves topography. Chair asked if Lincoln would recommend this waiver
2 tonight?
3
4 Lincoln stated that it would not qualify under a waiver. PB should determine if a
5 Watershed SP is required.
6
7 Chair asked if any abutters were concerned about this issue. Bill Barrett,builder, stated
8 that the home owners have talked with their neighbors and there are no issues.
9
10 Water would fall from the roof to the ground. Lincoln wants drains and gutters put on the
11 roof of the garage.
12
13 Chair thinks at least gutters would work well.
14
15 RR stated put gutters on the east side to direct the water.
16
17 Chair read the bylaw.
18
19 Lincoln can put in writing the conditions such as gutters and provisions of SP.
20
21 Chair wants to go on record to take a vote.
22
23 JS made a motion to approve a waiver from the Watershed District Special Permit process
24 per discussion tonight and that no Watershed SP is required, 2nd by AA. The following
25 conditions are to send a letter in suitable form as accepted by the Town Planner and other
26 special conditions as amended this evening which are reference that it's a 2 story structure,
27 no immediate requirement for occupancy, coming in under the proper bylaw section,vote
28 was 5-0.
29
30 Chair called for discussion:
31 5. 365 Johnson Street, Joe Pelich. Requesting a bond release in the amount of$1,000.00.
32 Letter from engineer and as-built submitted.
33
34 Ben Osgood Jr. stated that the changes made to the proposed structure were done because"
35 it's a market thing" applicant didn't want to build such a large house. The house is built
36 smaller in foot print because of this there is less impervious area on the site. Driveway was
37 shifted a little bit,because the builder wanted to save a couple of large trees.
38
39 Chair asked isn't there a responsibility for the builder to build what was approved by the
40 PB?
41
42 Lincoln stated this is a case where the footprint was reduced to preserve major trees and the
43 changes improved the overall site,therefore,this doesn't require a modification. Lincoln is
44 doing site visits and reviewing sites to improve the overall design.
45
Planning Board
Minutes
August 21,2007
Page 5
I Why is there a change in street number? 383 Johnson Street was split into four parcels, this
2 lot is 365 Johnson St.. Motion by AA to approve the bond release, 2nd by RR,vote was
3 unanimous. 5-0.
4
5 Chair called for discussion:
6 6. 222 Middlesex Street, Bonnie Caruso. Requesting a waiver from a Site Plan Review
7 Special Permit. Applicant owns Bloomingnails nail salon.
8
9 Lincoln stated that this is a change of use from business to a nail salon and that he
10 recommends a waiver. Public parking is available on the street. Ms Caruso is the only
11 employee. Motion by RR to waive a Site Plan Review SP, 2nd by AA vote was unanimous
12 5-0.
13
14 Chair called for Continued Hearings:
15
16 8. Edgewood Retirement Community,Inc., 575 Osgood Street,Map 36, Parcels 3, 17, 18,
17 and 19. Site Plan Review Special Permit and a Modification Special Permit to construct 27
18 new cottages & greenhouse and new 20 foot wide roadway with individual driveways to
19 access cottages with the R-2 zoning district. Received VHB review 8/17/07.
20
21 Lincoln will discuss overall process thru ZBA and Con/Corn. Applicant addressed VHB
22 responses. They will go in front of ZBA Aug. 30 for a variance. They have some clean up
23 issues to discuss w/Con/Com.
24
25 JS asked if VHB people looked at drainage? There are under ground streams and you don't
26 know where the flow will go? Some of the land has gotten wet and takes a long time to dry
27 out in the spring. What's the impact going to be on the Town owned land when this is built
28 if they haven't looked at the issue of under ground streams? VHB did review hydraulic
29 calculations and should be aware of subsurface existing conditions. JS stated if they have
30 not gone out to do a site visit then they may not be aware.
31
32 Stacey Furlong,project manager, said borings were done in April.
33
34 JS asked how is parking affected? The buildings themselves are a large amount of square
35 footage. Majority of additions occur in front of the site. This site is putting lK s.£ one-story
36 houses in the R-2 zoning district and this is a significant impact and if you look at one
37 building with 31 units and a small footprint and it's contiguous with the other ones. Now
38 these are 27 large houses on basically a piece of property if it were a single-family house PB
39 would not allow this to be build. A lot of 100 year-old tress will now have to be taken down.
40 PB has not had the discussion that a lot of mature trees are being taken down on a historical
41 piece of property in Town, which was a working horse farm. When this is done,it's
42 significantly different from what zoning was previously approved for years ago. JS stated
43 that 27 cottages clustered that's why they are definitely changing the original zoning for this
44 purpose. Combination of the buildings and the parking will be a significant change and a
45 detriment to the Town. Cottages are spread out at the front of the property. During
46 wintertime everyone will be able to see the houses from the street and possibly 12 months per
Planning Board
Minutes
August 21,2007
Page 6
I year. The beautiful farm isn't going to be so good to everybody else living in Town. JS
2 wants to discuss the different options that could be done.
3
4 Tim Seibert would like to do a site walk.
5
6 JS wants to see where the houses/horses are he thinks that's right in the area where the other
7 units are going so put stakes on this area.
8
9 Margaret Wheeler, Trustee of the Reservation, stated why couldn't her consultant be notified
10 so they could join PB? She will check w/her surveyor and she will get it ready for this
11 Saturday at 8:am. All members to confirm w/the Planning Board.
12
13 Lincoln wants the PB to give applicant direction regarding the size of the cottages. Chair
14 stated that they are designed at 2K s.f.; is PB to suggest what the square footage should be
15 reduced to? If cottages are reduced to 1K what would the difference be?
16
17 JS stated that the PB should go look first.
18
19 Stacey Furlong,Project Manager, stated it has to do w/keeping cottages only one level
20 because of elderly restrictions to first floor use.
21
22 PB asked why 3 bedrooms?
23
24 Ms Furlong stated to put up their grandchildren.
25
26 Chair said give some conceptual ideas that may accomplish this but not a 2K s.£ cottage.
27 Cottages are 27feet high.
28
29 AA asked if you minimize size of the cottages and kept the same layout it might not have a
30 significant impact to the entire area.
31
32 Lincoln to put a visual representation package containing pictures of cottages and submit to
33 the PB. Check w/Jennifer and ask her to go. Ask Tim if Monday 7PM is good for the rest of
34 the Board.
35
36
37 Chair announced that there are no new public hearings tonight.
38
39
40 DECISION DRAFTED:
41
42 7. H. David & Allyson Fournier, 15 Timber Lane, Map 64, Parcel 38. Watershed
43 Special Permit to raze existing single-family dwelling and construct a new single-family
44 dwelling with deck,pool, and garage within the Non-Disturbance Zone of the Watershed
45 Protection District.
46
Planning Board
Minutes
August 21,2007
Page 7
I Lincoln stated that we closed the public hearing and drafted a decision. Chair stated that
2 Alberto missed the last PB meeting and did review the Minutes, so noted for the record.
3 Chair statedwe that we fill out a form and initiate the process that a Board member
4 followed in order to have enough voting members in case the PB member missed a
5 meeting.
6
7 JS stated the following edits: look at statement of fact- add proposed single family
8 residence .is a replacement to single family residence and will be connected.
9
10 Chair stated the PB does not vote if site is in compliance with the plan,maybe Lincoln has
11 reviewed the site. Deed restriction on fertilizers and pesticides are we getting these?
12
13 Link stated yes a deed is being recorded.
14
15 Finding of fact: the pool is in non-disturb zone. RR the work in the non-disturb zone and
16 new pool will go into that location so it's no additional impact to non-disturb zone.
17
18 Motion by RR to approve a Watershed SP for 15 Timber Lane as amended this evening, 2nd
19 by JS vote was unanimous.
20
21
22
23 APPROVAL OF MEETING MINUTES:
24
25 Approval of"Minutes" for the August 7, 2007 Planning Board.
26 Chair asked Board to hold off until the PB reviews these Minutes.
27
28
29 UPCOMING PLANNING BOARD MEETINGS:
30
31 September 4, 2007
32 September 18, 2007
33
34
35 Motion by JS to adjourn 2nd by RR, vote was unanimous. 5-0 meeting adjourned at
36 approximately at 9:50 pm
37
38
39 By order of the Planning Board
40
41 approved
42
43
Planning Board
Minutes
August 21,2007
Page 8
of µOWT s gtio Town of North Andover
Office of the Planning Department
* _ Community Development and Services Division
Osgood Landing
SSACHUSF 1600 Osgood Street
Building#20,Suite 2-36
Lincoln Daley North Andover,Massachusetts 01845
Town Planner
P (978)688-9535
F(978)688-9542
March 18, 2008
H. David & Allyson Fournier
15 Timber Lane
North Andover, MA 01845
Dear Mr. &Mrs. Fournier,
There have been several attempts to contact you by phone to advise you that the
Watershed Special Permit granted for 15 Timber Lane should be recorded along with a
signed mylar(plan of land) at the Registry of Deeds in Lawrence, MA.
A Special Permit is not effective until it is recorded at the applicable Registry of Deeds as
set forth under M.G.L., ch. 40A,§ 11. A Special Permit must be exercised(a substantial
use must commence or construction must begin and continue unless there is a good cause
for delay)within the time period specified in the zoning by-law or ordinance, which may
not exceed two years after grant, or it lapses and must be reestablished with a new
application, public hearing, and findings.
When you go forward with the recording of the Special Permit please bring the proof of
recording and a copy of the recorded decision and a copy of the recorded plan of land to
the Planning Department, 1600 Osgood Street, North Andover, MA, and proceed to file a
bond with the Planning Assistant.
Sincerely,
Lincoln Daley, Town Pla Yner
Cc: file
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535