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HomeMy WebLinkAboutWaiver - 607 TURNPIKE STREET 5/23/2012 pORTH q a 6 'Town of North Andover .- , ° Office of the Planning Department Community Development and Services Division '?Arlo 1600<y 1600 Osgood Street SSACHUS North Andover, Massachusetts 01845 NOTICE OF DECISION Site Plan Review Special Permit-Waiver Date of Decision: May 23,2012 Application of: Patricia McCrudden 642 Turnpike St North Andover, MA 01845 Premises Affected: 607 Turnpike St., North Andover, MA 01845, Map 25, Parcel 6, within the CDD2 zoning district. HISTORY AND BACKGROUND On May 23, 2012 the applicant requested a waiver of the Site Plan Review Special Permit, in accordance with the North Andover Zoning Bylaw section 8.3.2.c.i. so as to allow a change of use within the existing structure from a contracting business office to a dog grooming business. DECISION After a Planning Board meeting on the above date and upon a motion by R. Rowen and 2nd by T. Seibert a vote was taken with regard to a waiver of the Site Plan Review Special Permit. The vote was unanimous in favor of the waiver. FINDING OF FACT The Planning Board has made its decision based on the following findings: • The new use is an allowed use within the CDD2 Zoning District. • There is sufficient parking on the existing parcel for the new business. • The new use will not have a significant impact within the site or on adjacent properties, with respect to vehicular or pedestrian traffic, or public services and infrastructure. 1 rth Andover P nning Board ohn Simons Richard Rowen Tim Seibert Michael Colantoni s� PLANNING BOARDP� Meeting Minutes Tuesday, May 23, 2012 Town Mall, 1208 Main Street 7:00 PM 1 Present: J. Simons,R.Rowen,T. Seibert,M. Colantoni,D.Kellogg,L. Rudnicki 2 Absent: 3 Staff Present: J.Tymon,J.Enright 4 5 Meeting began at 7:02 pm. 6 7 BOND RELEASE 8 Woodlea Village:Applicant is requesting a partial bond release. 9 J. Tymon: The bond was established in 2001. The applicant is requesting a$2,000 release plus 10 accumulated interest. This would leave$17,200. G. Willis has reviewed the amount and he agrees that 11 this is enough to cover the remaining work that needs to be done and for street acceptance. 12 Carl Kasierski,Ashwood Development Companies Inc.: The money will be used to complete the 13 required work and the street acceptance procedures. A Certificate of Compliance is still required fi•om the 14 Conservation Commission: There is still a$36K bond held with Conservation. 15 MOTION 16 A motion was made by R.Rowen to release all of the bond money for Woodlea Village, except$17,200. 17 The motion was seconded by D. Kellogg. The vote was unanimous. 18 19 North Andover Estates: Applicant is requesting a bond release and close out. 20 J. Tymon: All of the streets in this subdivision have been accepted by the town. There was a final$6,000 21 tree performance guarantee that was to be held for two years. The two years ended in 2002. 22 MOTION 23 A motion was made be R.Rowen to release all bond money held for North Andover Estates, including 24 interest. The motion was seconded by D.Kellogg. The vote was unanimous. 25 26 58 Country Club Circle: Applicant is requesting a bond release and close out. 27 J. Tymon: The applicant came before the Board in 2007 for construction of a detached garage and came 28 back to finish a recreation room above the garage. The original permit issued in 2007 had a requirement 29 fora$1,000 bond. The applicant has submitted an as-built plan and a site visit has been completed. 30 MOTION 31 A motion was made by R.Rowen to release all bond money for 58 Country Club Circle,including 32 interest. The motion was seconded by D. Kellogg. The vote was unanimous. 33 34 POSTPONEMENTS 35 CONTINUED PUBLIC HEARING: 26 Main Street,Application for Special Permit-Site Plan Review. 36 Applicant proposes construction of an eight(8)unit residential condominium project with two(2)parking 37 spaces per unit on a lot with access to Main Street via existing easements on two(2)existing lots fronting 38 Main Street at 22-24 and 28-30 Main Street and an existing curb cut at the noted lots. 39 40 PUBLIC HEARINGS 41 CONTINUED PUBLIC HEARING, 70 Elm Street: Application for a renewal of a Wireless Special 42 Permit for the operation of an existing wireless communication facility within the Residential-4(R-4) 43 Zoning District under Sections 8.9 and 10.3 of the North Andover Zoning Bylaw. 44 T. Seibert recused himself. 45 J. Simons: This hearing was closed at the last meeting. A draft Decision has been prepared. 46 Draft Decision was reviewed by the Board. 1 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 120R Main Street 7:00 PM 47 48 MOTION 49 A motion was made by D.Kellogg to approve the renewal of the Wireless Special Permit for 70 Elm 50 Street. The motion was seconded by R.Rowen. The vote was unanimous, 4-0. Voting in favor were R. 51 Rowen, M. Colantoni,J. Simons, and D. Kellogg. 52 53 CONTINUED PUBLIC HEARING, 498 Chickering Road: Application for Special Permit-Site Plan 54 Review. Applicant proposes demolition of a Mobil gas station and construction of a 3,159 sq. ft. bank 55 building,with three drive-through bays,twenty four(24)parking spaces, landscaping and stormwater 56 management in the General Business Zone(GB). 57 J. T,i� non: An updated Site Plan and Operations and Maintenance Plan have been received. All of L. 58 Eggleston's comments have been addressed. Reviewed a letter received from William Simmons,LSP 59 JKD, licensed site professional, and summarizing his responsibilities related to the use limitation for this 60 site. 61 J. Simons: Requested that the Board of Health review the plan and this letter. 62 J. Tymon: A letter was also received from an attorney regarding the property owner's legal rights in 63 regard to Franklin Street,a paper street. Franklin Street is not an accepted street,it is a Private Way. A 64 proposed swale will run across this paper street. 65 J. Simons: Requested Town Counsel review the letter submitted. 66 Steve Stapinski,Merrimack Engineering Services: C.Huntress has submitted an updated landscape plan 67 based on the Board's comments at the last meeting. Reviewed changes made to the site engineering 68 plans. A meeting will be scheduled with Gene Willis to address his concerns. 69 R.Rowen: Are problem soils being removed from the site? 70 S. Stapinski: There is about a 3' cut on one potion of the property. There is a 0' cut on another potion. 71 There will be a foundation footing, frost wall installed. The foundation footing for the old Mobile Station 72 will be removed. Will not know if there will be any problem soil found until the work begins. The LSP 73 is on site to supervise the earth work monitoring. Approximately 400 cubic yards of material,beyond the 74 pavement and gravel,will need to be removed. Some of that may be used in the landscaping areas: The 75 LSP will be there to supervise the movement,placement, and protection of the earth. There are DEP 76 standards that he will have to adhere to. 77 J. Simons: The hearing will be kept open and possibly voted on at the next meeting. 78 79 CONTINUED PUBLIC HEARING, 1320 Osgood Street: Application for Special Permit-Site Plan 80 Review. Applicant proposes to construct a parking lot. 81 J. Tymon: An insurance company is purchasing a residential property and would like to expand the 82 parking area. There are 28 proposed parking spaces,most located to the rear of the building for 83 employees. L. Eggleston's comments have been addressed. The Site Plan and the O&M Plan have been 84 updated. A draft Decision has been prepared 85 Frank Emery and Stacey Carpenter, Caspian Associates: A landscape plan has been submitted based on 86 the Board's comments at the last meeting and a request by L.Eggleston. 87 88 MOTION 89 A motion was made by R. Rowen to close the public hearing for 1320 Osgood Street. The motion was 90 seconded by M. Colantoni. The vote was unanimous. 91 The draft Decision was reviewed. 92 93 MOTION 2 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 1208 Main Street 7:00 PM 444 S.Haiiar: Stated he has spoken with an attorney who has expressed interest from a couple of clients that 445 tie is dealing with already. There is not any specific restaurant in mind at this point. If this is approved at 446 Town Meeting we would still have to go through all the normal permitting process. This is only a 447 proposal for an idea that would perhaps jumpstart the CDD I district 448 R.Rowers: Is this the first time you are proposing combining two properties in the zone?; 449 S.Hajjar: Not really. Stated that he understands it is the goal of the CDD1 district to encourage smaller' 450 lots to combine with others,reducing the number of curb cuts off Rt. 114 in order to lessen traffic 451 congestion. This does that.From an enterprise perspective it is necessary to combine two lots together to 452 get what we have 453 R.Rowen: The proposed building looks to be smaller than the footprint of the two houses that are theme.' 454 The Board discussed the increased foot traffic in the area. Suggested that,if this is approved at Town 455 Meeting,the walking access to the area be looped at 456 J. Simons: Requested architectural drawings of what_a proposed building may look like and aletter 457 stating that they would covenant a certain look and feel for the building.l 458 T. Seibert: Proposed that if this project goes forward the State be engaged to see if traffic lanes and 459 walkways could be improved upon; 460 J. Tymon: Suggested she could contact Mass Highway to determine if they have future improvement 461 plans for this area? 462 J. Simons: We will vote this at the next meeting. 463 J. Tymon Requested a copy of the site plats that was reviewed with the Board. 164 465 DISCUSSIQI�t 466 607 Turnpike Street: Proposed dog grooming business: 467 J. Tymon: the applicant,Patty McCrudden,has a dog grooming business and is currently located across 468 the street. This location is in the CDD 1 district and is a residential home. The only exterior changes 469 would be minor changes to the driveway that would accommodate some additional parking. 470 Patty McCrudden: Has been operating a dog grooming business at 647 Turnpike Street for the past six 471 months. The hours are Monday—Saturday 8:00am until 6:00pm. Would like to put down some crushed 472 stone to add two or three parking spaces to the proposed new location. The lease at 647 Turnpike runs 473 through October 2013.. Would like to complete some interior build-out at the new location before then. 474 MOTION 475 A motion was made by R. Rowen to waive the CDD1 Special Permit and to instruct Staff to document the 476 waiver for the file. The motion was seconded by T. Seibert. The vote was unanimous. 477 478 59 Bonn, Lane: Request for a Watershed Special Permit waiver. 479 J. T mon: The applicant has an existing flagstone patio and would like to replace it with a su nroom that 480 would have a smaller footprint. This is in the non-discharge zone,however, it is outside of the non- 481 disturb zone. Reviewed examples of Watershed Special Permits recently issued. 482 J. Simons: The difference between the waivers reviewed and this request is that this project is 200 feet 483 from the lake and the others probably at least a mile from the lake. 484 Jay Salem,representing the applicant: A wooden insulated deck would be constructed where the patio is 485 and a four season sunroom would be built on it. It would have two down spouts and a gutter system 486 around the unit. There will be less impervious surface than what is currently there. Described the 487 installation process for the posts that would be screwed into the ground. Excavation will not be required. 188 R. Rowen: Recommended that if the waiver is approved erosion control should still be required. 489 J. Try non: Erosion control and inspections can be required with the waiver. 490 MOTION 15 PLANNING BOARD Meeting Minutes Tuesday, May 23, 2012 Town Hall, 1208 Main Street 7:00 PM 491 A motion was made by R.Rowen to waive the requirement for a Watershed Special Permit for 59 Bonny 492 Lane for the replacement of the existing patio with a four season room with a smaller impervious surface 493 footprint and that erosion control and inspections by Staff are required. The motion was seconded by T. 494 Seibert. The vote was unanimous. 495 496 Planning Board: Recommendations for ATM Warrant Articles. 497 498 MEETING MINUTES: 499 MOTION 500 A motion was made by M. Colantoni to approve the May 1,2012 meeting minutes. The motion was 501 seconded by D.Kellogg. The vote was unanimous. 502 503 ADJOURNMENT 504 MOTION: 505 A motion was made by M. Colantoni to adjourn the meeting. The motion was seconded by T. Seibert. 506 The vote was unanimous. 507 508 The meeting adjourned at 9:32 pm. 509 510 MEETING MATERIALS: Agenda, email dated 5/2/12 re: bond release request Woodlea Village,Letter 511 dated 5/14/12 from Toll Brothers re:NA Estates release of tree performance guarantee request,Letter 512 dated 5/23/2012 from Toll Brothers re: NA Heights,draft Decision 70 Elm Street renewal of Wireless 513 Special Permit, letter dated 5/23/12 submitted by Thea Fournier—247 Main Sheet,498 Chickering Road: 514 Plan of Land dated 5/10/12,Drainage Facilities Operational and Maintenance Plan dated 5/15/12,Letter 515 dated 5/21/2012 from Robert W.Levy,Eckert Seamans Attorneys at Law re: 498 Chickering Road,NA, 516 Ma,Letter dated 5/11/12 from William A. Simmons,LSP JD re: 498 Chickering Rd.MassDEP RTNs 3- 517 3454, 3-26053,and 3-26327, Plan of Land in NA,MA for developer Lowell Five pages 1-5 rev. date 518 May 23, 2012, 1320 Osgood Street: email from Lisa Eggleston dated 5/15/12,Permit Site Plan pages 1-3 519 rev date 5/21/2012, draft Decision 1320 Osgood St. Site Plan Review Special Permit, CDD1: Parcels, 520 Wetlands,Pancorbo/Hajjar Properties with setbacks,Traffic Queuing study by Dermott Kelly Traffic 521 Consultants, examples of drive-through site sizes in NA and Lawrence, 2 views of CDD 1 wetland 522 resource areas,250' buffer, CDD1,Residential 6,Planning Board Report 6/12/2012, CDD1 beyond 523 buffer mapping,Revised Planning Board Report 6/12/2012,Letter submitted by Scott Hajjar re: "reasons 524 to support selectmen's amendment to CDD1 zone", Letter from Gene Willis dated 4.5.12 re: sidewalk in 525 Autumn Chase subdivision, 59 Bonny Lane: Plot Plan of Land,narrative,pictures-existing and planned, 526 Aerial view 607 Turnpike Street, draft 5/01/2012 meeting minutes. 16