HomeMy WebLinkAbout2015-06-16 Planning Board Minutes Town of North Andover
PLANNING BOARD
John Shnomv, Chairman David Kellogg
Lynne Ruthikki Lora MeSherry
Peter Boynton
Tue.vday June 16,2015 @) 7 p.m. Torun Hall, 12 0 Main Street,North Andover,MA 01845
1 Present: John Simons, Lynne Rudnicki, Lora MeSherry, David Kellogg, Peter Boynton
2 Absent:
3 Staff Present: Kristine Cheetham-Town Planner, Bonnie Wolstrorner
4
5 J. Simons,Chairman: The Planning Board meeting for Tuesday,June 16,2015 was called to order at
6 7 p.m.
7
8 A.LOT RELEASE:
9 166, 170 & 180 Salem Street(Map 37D Lot 21): Jack Cahill requests release of Lot I & 3 to begin construction of
10 new homes.
11 K. Cheetham: The applicant is requesting the release of two lots for development. One lot has been released. The
12 conditions of the Decision have been met. The engineer, Phil Christiansen provided a certificate letter and an
13 interim as-built plan of the roadway.
14 J. Simons: We waived the construction of the roadway, Once we release the lots we have no security. The question
15 becomes,what sort of security do we need to retain in order to release the lots?
16 L. Rudnicki: We need some soft of bond.
17 K. Cheetham: The building inspector visited the site based upon a complaint from an abutter and photographed a
18 pile of debris. The abutters,are here tonight to discuss this. The town DPW signed off on the road and as-built,
r) this is a private way. The roadway has been built to appropriate standards in order to release the lots. You are
/_0 currently holding a$1,000 bond on this site.
21 J. Simons: We need sufficient bond money to cover future site issues that may occur.
22 L, Rudnicki: We need as-builts for,the homes,too. The sewer lines to the houses are only roughed in at best—it's
23 not complete, so we would need additional bond monies to open it,
24 Abutter,Nancy Pace, 150 Salem Street: Voiced concerns over the large amount of backyard debris that has existed
25 on the site for 7 years.
26 MOTION: The Planning Board suggests applicant J. Cahill post a$10K bond($5K per lot). Kristine is to
27 confirm with Grene Willis regarding a Performance Guarantee for the remaining work. The Conditions need to be
28 revisited regarding stockpiling of trash, equipment,dust, etc.
29
30 B.BOND RELEASES:
31 Fountain Drive/0 East Main-0 Davis St. (Map 70 Lot 2): North Andover Housing Authority seeks release of bond
32 funds($5,000)for work done on roadways, sidewalks and landscaping.
33 K. Cheetham: This was a site improvement project that the state paid for. I have reviewed the site and the DPW is
34 okay with the work.
35 J. Simons: We did a Site Plan Review on this due to the impact to the parking on this site.
36 MOTION: L. Rudnicki made a motion to release the remaining bond plus interest for Fountain Drive contingent
37 upon the receipt of a.letter from DPW confirming that the work has been completed satisfactorily. D. Kellogg
38 seconded the motion. The vote was 5-0, unanimous in favor.
39
40 110 Sutton Street(Map 17 Lot 9
J: Bob Carberry of Chippendale Dance Studio seeks release of bond funds
41 ($2,500)for completion of landscaping,
Page 1 of 5 June 16, 2015
To;vn qf'Nortlt Andover
PLANNING BOARD,
John Simons, Chairman Dav!(11(ellogg
Lynne Ati(Inicki Lora McSheriy
Peter Boynton
Tuesday June 16, 2015 @ 7 p.ni. Town Hall, 120 Main Street,Not-Ili A ittlover,MA 01845
42 L.L. McSherrV: They have been before us at least twice. The last time was in June of 2014. We gave them very
43 specific instructions as to how they were comply with the site plan and they've completed 20% of the work. The
44 three trees are not planted in the right location.
45 D.Kellog : The trees are not screening trees,they are river birch and they don't get much thicker than that.
46 L. McSlicrry: The plan was approved with modifications. What was defined has not been provided for plantings.
47 MOTION. L. Rudnicki made a motion to deny the Bond release for 110 Sutton. Street until what was discussed in
48 the minutes of June 17, 2014 and the plantings comply with the Decision. D. Kellogg seconded the motion. The
49 vote was 5-0, unanimous in favor,
50
51 C. PUBLIC MEETINGS:
52 CONTINUED— 1665 Great Pond Road(Map 62 Lot 12): Technical Training Foundation Trust seeks an
53 Extension of the Watershed Special Permit issued on 7/2/2013.
54 K. Cheetham: Attorney Vincent Manzi is here to represent this project.
55 Vincent Manzi: I've represented the Teclinical Training Foundation Trust for 25 years. Tonight we are asking for
56 an extension of the WSP which the PB voted on and granted two years ago which expires on July 2, 2015. Due to
57 the economy, we haven't had the opportunity to begin construction on this site. This is the vacant lot.
58 MOTION: L. Rudnicki made a motion to extend the WSP on (Lot 12)for one year subject to any modifications
59, you will be required to come back to the Planning Board. D. Kellogg seconded the motion. The vote was 5-0,
60 unanimous in favor.
61 V. Manzi: Requested whether the Planning Board would allow him to come back to the Board regarding(Lot 19)
62 with more detailed plans and drawings demonstrating no changes are to be made to the structure,topography,
63 sewer, erosion control, waiver compliance, etc.
64 L. Rudnicki: There are going to be changes to the landscaping;there already has been. You are gutting it
65 completely. We want the roof drainage specifications and we'd like our outside consultant to review it and to
66 bring it Lip to code.
67 J. Simons: If you applied for a Watershed Permit it would be cleaner and more transparent as an open public
68 hearing process. Roof changes, dry wells,etc. all matter because of the proximity to the lake.
69
70 1211 Osgood Street(Map 35 Lot 8): Harry Kanellos seeks determination that his new business is allowed by right
71 at location without a modification to the existing Site Plan Review. Applicant will also provide update on site
72 improvements associated with proposed restaurant at the other end of strip mall.
73 K. Cheetham: I spoke with the Building Inspector and the Director of the BOH and Mr, Kanellos, We discussed
74 the plans and what has been permitted on the site. The existing tenant in Unit 1 was a bakery. It was a by-right
75 business in your GB district. It has a BOH certificate for 10 seats and ten parking spaces associated with its use. If
76 lie maintains this,there's no change to trigger an SPR or SPR Modification. His food service business is classified
77 by the BOH as the same as the bakery. lie's considered a fast food vendor(FFV)his business is not classified as a
78 restaurant. Technically,he should be allowed to open his business regardless of anything going on at the site
79 associated with another tenant. As co-owner of the plaza gives him additional responsibility associated with the
80 other restaurant tenant. He can speak to landscaping and traffic secondarily.
81 L. MeSherry: Unit 2 is occupied. It's open at night?
82 H. Kanellos: It's open early in the morning and 3-4 hours in the evening.
83 P.P. Bn: Assuming no changes in seats or parking, is there a change in hours of operation?
84 K. Cheetham: His hours might be slightly different than the bakery.
Page 2 of 5 June 16, 2015
Tmvn qf North An(lover
PLANNING BOARD,
John Sitnomv, Chairman DavitlKellogg
Lynne Rudnicki LortiMeSheriy
Peter Boynton
Tues(lay June 16,2015 @,7p.m. Toiin Hall, 120 Muhl Street,North Andover,MA 01845
85 L. Rudnicki: Did the Building Inspector determine what triggers the distinction between retail and restaurant. We
86 don't have FFV classified anywhere in our bylaws? We can hear this, but we'll need an opinion letter from the
87 Building Inspector stating this is retail. If it's not retail, it's a change of use.
88
89
90 J. Simons: We want to determine there are no externalities impacting the neighbors and ensure there is a decent
91 entrance, parking and egress from the property.
92 H. Kanellos: Tile tenant"Lots of Eats"is opening within the month. I am working with a landscaper for tile
93 underscore plantings and they should be planted within the next two weeks.
94 K. Cheetham: The only issue with the site was the landscaping and the traffic analysis which would be done oil a 6
95 and 12 month interval, once the restaurant is up and running. The back of the plaza has mature white pines. You
96 could consider attractive streetscaping and understory planting at the corner near the restaurant.
97 L. Rudnicki: We promised a buffer to the back of tile building for the abutters. You could provide hostas, day
98 lilies, under the mature white pine trees on the street side. If your business grows and you want a restaurant in the
99 future you may be locked into a situation as opposed to fixing it now. For example,you may want to join two
100 units. If it's a retail establishment and it's in writing, then it remains as is. FFV is a finite definition. We could
101 consider a minor modification rather easily.
102 J. Simons: We suggest your approval is contingent upon a signed letter from the Building Inspector stating the
3 project is a fast food&retail establishment so the use will not change. If you want to become a restaurant at a later
A date then you will need to come to us with drawings explaining everything you are planning to do. Any
105 commercial property abutting residential we take more scrutiny on. We wish you much success.
106
107 D.PUBLIC HEARINGS:
108 CONTINUED: 1600 Osgood Street
-(Map 34 Lot 17): OSGOOD Solar LLC seeks OSGOD Special Permit for
109 construction of rooftop and parking canopy-mounted solar system. Property zoning is located within the 12 Zone
110 and OSGOD.
III J. Simons: I spoke with Town Council about our options and we talked about accepting the withdrawal,voting it
112 down and the recommendation was to keep it open until a decision is made at the ZBA. That gives us flexibility
113 moving forward. If the ZBA decides against it,that makes it easier and if it moves forward, we review it for its
114 merits. The Board and applicant discussed what would be an appropriate extension and agreed on an extension to
115 August 10,2015,
116 MOTION: D. Kellogg made a motion to accept a written extension to August 10"'. L. Rudnicki seconded tile
117 motion contingent upon receipt of a letter documenting the extension in writing.
118
119 CONTINUED: 242 Dale Street: Julie Nigro &Rob Barter(Map 64 Lot 30): Request for Watershed Special Permit
120 to construct above ground pool, deck, patio,fencing and removal of four trees. Property R-1 Zoning,
121 K. Cheetham: This is a new Public Hearing. The applicants are here tonight with their backyard pool& patio
122 home improvement project. It is not on the lake however they abut a wetland in the watershed district. They are
123 seeking a Watershed Special Permit. The Conservation Commission approved the NOI but they are waiting to
124 hear from Natural Heritage recognizing this area as all endangered species habitat.
125 L. Rudnicki: They've requested a Watershed Special Permit Waiver, so these plans haven't been reviewed by our
126 consultant. We did notifications and it was a formal permit?
`7 K. Cheetham: Yes,they have filed for a formal WSP and notified the abutters. They are asking to waive the cost of
3 the consultant review fee. The letter from their engineer states why in their application narrative. It's an above
Page 3 of 5 June 16, 2015
Tower of'North An(lover
PLANNING BOARD
John Simons, Chairman �� ��II �'. David Kellogg
Lyinte 1 it(lrricki °`�;; ' Loner McSherq
Peter Boynton
Trresclay June 16,20150 7p.err. Tower Hall,120 Merin Street,North Arrrlover,MA 01845
129 ground parol project and they can speak to the impervious surface around it. The engineer has written about the
130 erosion control measures,their plantings and his recommendations. Conservation has walked the site as well.
131 Julie Nigro,Rob Barter 242 Dale Street: We are trying to put an above ground pool in our back yard. The land
132 slopes down to the wetland. 'There's minimal amount of site work to level the pool. We want to build a wood
1.33 franc deck stopping half way around each side of the pool.
134 J. Simons: This is old zoning being an older lot. What uses are allowed and how close is this from the tributary to
135 the lake?
136 K. Cheetham: These uses are allowed under a Special Perrrnit. They are within the hundred feet and the fifty—the
137 non-disurbance zone and the watershed. The standards are different for the lake. They are in the 75-150 zone
138 which is allowable.
139 J. Simons: When you have an above ground pool do you have to have a fence all the way around it?
140 L.Rudnicki: Yes,
141 J. Simons: If the edge of the pool is 68 feet from the edge of the wetland then how far are you going to disturb ie
142 the edge of where the fence is and what's the distance from the edge of the pool to the fence?
143 R. Barter: The back portion of the fence is 26 feet in from the wetland flags. We are avoiding the 25 ft. buffer zone
144 that Conservation had told us we needed to avoid.
145 J. Simons: This is the watershed vs.just a Conservation zone. It's unclear to me. What is going to be the
146 impervious surface lakeside and how much grading is going to be done?
147 L.Rudnicki: Has Lisa Eggleston our consultant reviewed the plans?
148 R. Bartter: Conservation approved the NQI at the last meeting, but we are waiting to hear from Nati. heritage.
149 L. Rudnicki: We don't have the tributary mark,there is significant grade, a proposed new patio area,crushed stone
1.50 under the wood deck. The whole reason for the WSP is to protect the lake with a quick review and I don't think we
151 have enough information here.
152 R, Barter: The erosion control is already in place. We received a Conservation small project permit.
1.53 J. Simons: I feel like it is incomplete.
154 L. Rudnicki: I can see issuing a waiver for tree removal now but it needs to be reviewed by our consultant.This is
1.55 a significant project, creating a fairly large pervious pavement area, and the offset underneath the deck.
156 J. Simons: Obviously it's a nonconforming lot. It's 16,000 sq.ft. in a 2 acre district. This house would not be built
157 today.
1.58 R. Barter: Time frame for a review?
159 J. Simons: Next three weeks, July 7"'Planning Board meeting. It's a relatively basic review. We're going to be
160 sensitive to the expense.
161 K. Cheetham: What questions would you like verified?
162 L. Rudnicki: Standard watershed issues. You can move forward with taking the trees down if need be.
163 MOTION: This project is to be continued to the next meeting providing the applicants obtain an engineer's
164 review.
165
166
167 E. GFNLRAL DISCUSSION:
168 Planning Board Membership & Sig nature Pa e for Re istr -J. Simons will send a note to the Town Manager
,
169 regarding his renewal. L. McSlierry has yet to hear from the Town Manager's office regarding her renewal.Both
170 have terms which expire June 30,2015,
171
Page 4 of 5 June 16, 2015
" Touvn of Nortlr Andover
PLANNING BOARD
John Slnion.v, Chairman "� i� �d. Darv&IICellogg ,
Lynne Rnrinielri �"; Lorca McSherryi
Peter Boynton
1
Tuesrlay3 June 1 b,2015(a,) 71).m. Toivu Hall, 120 Main Street,North Aar,rlover,MA 01845
172 11.16 Great Fond Road Violation &Enforcement Order Update-Conservation is satisfied with the progress. A site 1
173 visit is planned for Conservation and Planning next week.
174
175 N. A. School Administration Buuildin -Three outstanding conditions on site that need attention are: the site needs a
176 retaining wall or safety guard rail on the north side of the parking lot due to the 10-11 ft. drop, drainage area could
177 benefit from a more solid berm and all trees located on the site plan are not in place yet.
178
179 MINUTES APPROVAL
180 MOTION: L.Rudnicki made a motion to approve the June 2, 2015 meeting minutes as amended. The motion was
181 seconded by D. Kellogg. The vote was 5-0 unanimous in favor. (Board commented the future minutes should be
182 limited) It would be advisable to attach relative minutes in each project .file after meetings. If they are collectively
183 available it makes it easier to access them.
184
185 P. Boy tout: Requested the Board entertain an update on the duality of our lake water(pre-treated)and how it is
186 trending over time.
187
188 ADJOURNMENT
189 MOTION: L.Rudnicki made a motion to adjourn the meeting, motion seconded by J. Simons.The vote was 5-0,
,0 unanimous in favor. Meeting adjourned @ 9 p.m.
.A 1
192
193 MEETING MATERIALS:
194 110 Sutton Street: 110 Sutton St. Revised Landscape Plan, 131203 Meeting.Minutes,Aerial View,As-built and
195 Landscape Plan, D. Mund notes re PB Meeting, Image of Landscaping,June 15 Image,June 15 Image 2, :Tune
196 Meeting Minutes 2014; 166,170& 180 Salem Street: Aerial View, Debris in Roadway, G. Willis Review, Interim
197 As-Built Plan 7.22.2013,Lydia Lane Planning Cert, 7.25.2013; 242 Dale Street: 242 Dale Base Map,242 Dale
198 Street WSP Decision Draft,Aerial View 242 Dale,Application.WSP 5.14.2015,Request for Waiver 5.12.2015,
199 SITE DEV PLAN 6.9.15, Site Development Plan 5.6.2015; 1211 C)sgood Street:. Abutter Ltr,Aerial Image 12 11,
200 Kanellos Roast Beef&Pizza TRC Info, Site Plan 1211 Osgood, SPR Modification for Restaurant,Tenant area&
201 Parking Analysis; 1665 Great Pond Road: 1.665 GPR Lot 12 Extension, 1665 GPR Site Plan 2013, 1665 GPR
202 Storrnwater Correspondence 2013, Aerial Image 1665 Lot 12,Base Map 1665 Lot 12, WSP Decision.Map 62 Lot
203 12 7.2.13; Fountain .Drive: Aerial View, Fountain Drive Decision,Fountain Drive Site Plan; DRAFT PB Meeting
204 Minutes 6.2.2015,PB Agenda 6.16.2015, Staff Memo 6.16.2015
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