HomeMy WebLinkAbout2009-05-05 Planning Board Minutes
Edited/5/6/09
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Town of North Andover
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Planning Board
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Minutes of the Meeting
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May 5, 2009
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Town Hall, 7:00 PM
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Members present: John Simons, Chairman
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Timothy Seibert, regular member
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Michael Walsh, regular member
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Courtney LaVolpicelo, alternate member
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Member absent: Richard Rowen, regular member
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Staff present: Judy Tymon, Town Planner
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Mary Ippolito, Recording Secretary
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Chair called meeting to order at approximately 7:10pm.
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Chair called for DISCUSSION: This is not a public hearing itÓs for discussion purposes
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only.
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Jason Robertson, - Boston Hill Development, CCRC, increased the unit count from 96 to 125 of
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assisted living units.
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Judy: met w/developer and discussed architectural plan and discussion regarding height
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limitations, now they showed calculations for average grade to roofline it met 35-foot
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requirement. Mr.. Robertson presented, because of a declining economic climate they decided to
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partner as a result they increased 96 units to 125 units. Parking has gone down from 96 per unit
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to 89. Footprint shrunk by a small percentage. Met with Fire Chief, Building Inspector and
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Town Planner and everything was acceptable. CL: was any grading done where you moved the
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building back? Matt Lider: Marchionda & Sons with new footprint they will modify the grading.
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Chair: wants to see other examples of projects. Mr. Robertson: this building has a 35-foot height
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that met requirements. Wants to move forward w/project ASAP.
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Chair: asked Judy to get comments from other two PB members (Rowen and Walsh).
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Mr. Tryder asked how far away is this development from the wireless tower on Boston Hill? Mr.
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Robertson: doesnÓt know. Mr. Tryder asked Mr. Robertson to bring the information to the next
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meeting.
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Chair called for PUBLIC HEARING:
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Town of North Andover, 1475 Osgood Street, is requesting a Site Plan Review SP & CDD3
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SP to construct a first floor addition of 3,064 s.f. to existing structure in order to house the new
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North Andover Police Station within the CDD3 zoning district.
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Ray Santilli, Assistant Town Manger, heÓs here for Site Plan SP and CDD3 SP. Town purchased
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this property to convert it into police station. HeÓs gotten variance for rear setback from ZBA.
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Fire Dept. approved drive around for their vehicles. Met w/Town Engineer, 2 catch basins
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presently that need to be lowered, installation of catch basin leading to Orchard Hill Road. Judy:
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has copy of Gene Willis memo reg. issues dated March 18
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Motion by MW to close the public hearing, 2 TS, vote was unanimous.
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Edits: take RowenÓs name off decision. Edits page 2 at very top opened meeting on March 16
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and closed on April 7 2009, delete April 7, and type in May 5, 2009. See 13.7 versus 16.3
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under findings of fact #6.
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Motion by TS to approve Site Plan SP and CDD3 SP as amended, 2 by MW, vote unanimous
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4-0.
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Chair called for PUBLIC HEARING:
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Omnipoint Communications, 72 Elm Street, Trinitarian Congregational Church, is requesting a
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Site Plan Review Special Permit to install, operate, and maintain a stealth wireless
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telecommunication facility consisting of up to 4 wireless telecommunication antennas mounted
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within the existing spire, radio communication equipment cabinet to be located within existing
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Church within R-4 zoning district.
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Chair: One Planning Board member lives in this neighborhood and will recuse himself. The
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other member Richard Rowen will look at the record.
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Chair: asked does audience want 4 members to hear this or do you want to go with 3 members
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tonight?
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Chris King, representative for Omnipoint, asked how soon would outstanding member be able to
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review this information? Chair: he would continue hearing tonight until next meeting then
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member would have to read the Minutes. Mr. King: wanted to go forward tonight.
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Liz Fennessy, Elm St., this deserves the full attention from every member of the Board.
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Loucille Donnigan, Summerset St. Methuen, started to object to cell towers and Chair advised
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her that he couldnÓt take any testimony tonight because PB is not hearing this tonight.
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DISCUSSION:
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*Charles R. Della Croce, 202 Great Pond Road, requesting a waiver form a Watershed
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Special Permit, applicant wishes to remove existing deck and replace with a 3-season room with
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additional 8Óx9Ó open deck and staircase within the R-2 zoning district.
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Mr. Della Croce was present and stated he has existing deck over 20 years old, wants to put a
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roof on it, however, it doesnÓt meet code, he needs to tear deck down and rebuild deck. Judy:
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spoke to the builder, the footprint heÓs using for 3-season porch is current footprint of existing
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deck that wonÓt change, itÓs close to 200 feet from closest wetland, no Con/Com issues. Judy
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advised applicant to request a waiver. Property is located in Non-discharge zone; itÓs a
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residential use that is allowed. Judy: read the Watershed Bylaw regarding Non-discharge zone.
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No foundation is being built; he doesnÓt have to go to Con/Com for this. Motion by TS to grant
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a waiver for a Watershed Special Permit, 2 by CL, vote was unanimous.
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WARRANT ARTICLES:
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2009 Annual Town Meeting Warrant Articles:
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*Article #5 Authorization to Grant Easements. To see if the Town will vote to authorize
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the BOS and School Committee to grant easements for access, water, drainage, sewer, roadway
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and utility purposes on terms and conditions the Board and Committee deem in the best interest
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of the Town.
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Petition of BOS
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RECOMMENDATION: Favorable Unfavorable
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Judy: explained this is for utilities, this doesnÓt allow BOS to grant any kind of ownership for
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this parcel.
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Chair: example if someone decided to let someone build a building and lease the land, they canÓt
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do that, if Town had land directly abutting development land, Town could grant easements to
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private developer to access that property. Chair would go along in support of this article, but it
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would be a good idea to develop reasonable standards based on good judgment.
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Motion by MW to make a favorable recommendation for Article #5, 2 by TS, vote was
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unanimous 4-0
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*Article #12 Amend Capital Improvement Plan Appropriations from Prior Years.
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Petition of BOS
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RECOMMENDATION: Favorable Unfavorable
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To amend prior Capital Improvement Plan appropriations for prior Fiscal Years as voted by
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transferring unexpended bond proceeds from FYÓ07 Capital Improvement Plan, Line #1, Old
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Center Roadway Project, which project is complete, and amount not to exceed $130,000.00 to a
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new project: Down Town Street and Sidewalk Improvements: Bruce Thibodeau, DPW,
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discussed article w/PB. Money was set aside for Old Center project, $130,000.00 that was left in
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the fund due to close monitoring by Town ManagerÓs office. Motion by TS to make favorable
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recommendation for Article #12, 2 by CL, vote was unanimous.
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*Article #22 Capital Improvement Plan Appropriation Fiscal Year 2010.
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Petition of BOS
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RECOMMENDATION: Favorable Unfavorable
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Capital improvement is a major, non-routine expenditure for new construction, major equipment
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purchase, or improvement to existing buildings, facilities, land, or infrastructure, with an
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estimated useful life of five years or more, and a cost of $25,000.00 or more. Department
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Supervisors submit a list of capital improvement requests to the Town Manager in order of
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priority. Town Manager applies a criteria formula to all items. Formula combines and
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prioritizes requests from all departments. Town Manager then recommends which items should
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be implemented in the current year. BOS then revise, if desired, and approve the plan. Finance
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Committee does the same. To see if the Town will vote to raise and appropriate, transfer from
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available funds, or borrow under the provisions of Mass General Law, Chapter 44, the sums of
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money necessary to fund the Town Capital Improvement Program for Fiscal Year 2010.
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Bruce Thibodeau, DPW, discussed this article w/PB. Booster pumping station has 3 or 4 high
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areas in Town; Bear Hill, Sutton Hill, Rosemont Drive, and another one of which he couldnÓt
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recall. Town is below the residual pressure that is required. He wants to upgrade pump stations,
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better drives, and larger pumps are more efficient. Sewer issues such as cost of sewer, bring
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sewer to encapsulated areas which have sewer installed all around them, such as Nutmeg Lane,
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Johnson Street, Rea Street, North Cross Street, and some other encapsulated areas.
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Chair: handle water items separate from the sewer ones.
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Motion by TS to take favorable action on water enterprise fund, Bear Hill, Rosemont
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booster pump and equipment Î 4 WD vehicle, 2 by CL, vote was unanimous.
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Motion by TS to take unfavorable action on sewer issue, 2by CL, vote was unanimous.
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Article #33 Amend Zoning Bylaw ÎSection 8.9 (2) Î Wireless Service Facilities. To see
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if the Town will vote to amend the Zoning Bylaw, Section 8.9 Wireless Facilities, subsections
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(2)(u) through (2)(aa) to add a definition for Pre-existing Structures.
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Subsection 8.9(2)(u) through 8.9(2)(aa) is to be amended by removing the text shown as
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stricken, and adding the text shown as underlined.
Section 8.9 Wireless Services Facilities
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Petition of Salvatore A. Russo and others
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RECOMMENDATION: Favorable Unfavorable
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Chair: PB supported Article #32, however, even BOS was against Article #32. If Article
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#32 fails then Article #33 clears up the ambiguity. Wait until vote on Article #32 and then
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vote on Article #33. TS is ok, MW is ok, CL is ok with that.
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Article 16# Funding for Public Building Development Master Plan: Study of Historical
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Town Property:
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Petition of:
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RECOMMENDATION: Favorable Unfavorable
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Capital Planning Building Committee is formulating plans to provide for Senior Center,
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Bradstreet School, old Police Station, and the relocation of Planning and Community
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Development and School Administrative Offices. A request is being made for funding
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consultants to look into the engineering feasibility of building options and to see if
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renovation/reconstruction is viable. Monies have been allocated in this yearÓs budget but must
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be approved by Town Meeting for this purpose.
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Chair: $50K is to do Master Plan of all public buildings in Town. What do we do w/Bradstreet
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School, School Committee is moving out of their rental property, and eventually Community
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Development will have to revisit their office area. Chair: thinks this Article is good idea.
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Motion by MW for favorable recommendation 2 by TS, vote was unanimous. Chair:
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Judy let Rick Nardella know about this vote.
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Motion by TS to approve April 28, 2009 ÐMinutesÓ, 2 by MW, vote was unanimous.
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Chair: asked that Judy get pictures of other projects as an example for the Boston Hill
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project, Chair not sure about roofline.
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Chair: POST A MEETING FOR 6:PM FOR PB TO MEET AT HIGH SCHOOL AT
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TOWN MEETING TIME
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Motion to adjourn by MW, 2 by TS, vote was unanimous, meeting adjourned at approximately
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8:30 PM.
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By order of the Planning Board
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Approved
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Plse. note: the Planning Board reserves the right to take items out of order and to discuss and/or
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vote on items that are not listed on the agenda.
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