HomeMy WebLinkAbout2017-06-06 Planning Board Minutes Town of North Andover
PLANNINGBOARD
Tenn der Luz
John Simons, Chairman '" t
• t,�, �
Lynne Rudnicki � '�'+ ��1� , •
ratan Goldberg
Peter Boyntonj� � � � Aaron Preston,
Associate
s
Tuesda June-6, 2017 A 7,2.m. 120 Main Street Town Hall1 forth Andlover, A 018'45
L Present: J. Simons,L.Rudnicki,P. Boynton,J. Luz, E. Goldberg,A.Preston
2 Absent:
3 Staff Present: J.Enright,R. Oldham,B.Wolstromer
4
5 J. Simons, Chairman: The Planning Board meeting for Tuesday,June 6, 2017 was called to order at 7 p.m. The
6 Chairman led the meeting with a moment of silence observed in remembrance of D-Day.
7
8 BOND RELEASE
9 1.812 Turnpike Street: C&C Auto: R. Oldham:The Applicant has submitted an as-built and engineer certification
10 statin the project has been built to the design approved b the Planning Board.All conditions have been met prior to
g P J g pp y g
11 the release of the bond monies. The Applicant has submitted a written request to release the bond in its entirety($15K).
12 BOARD: Board discussed the sparse landscaping shown in the photos and recommended to withhold$S.K until it can be
13 confirmed that the newly planted landscaping has survived and is sufficient(approximately 6 months).
14 J. Simons: What is the status of car sales on this lot?
15 S.Haight: We will return to the Board regarding car sales on the lot at a later date.
16 MOTION:P. Boynton made a motion to release$10K of the original$15K Performance bond plus interest,retaining
17 $5K for additional landscaping for 1812'rurnpike St., C &C Auto. L. Rudnicki seconded the motion. The vote was 5-0,
18 unanimous in favor.
19
20 PUBLIC HEARINGS
21 CONTINUED PUBLIC HEARING: Kindred Homes 1099 Salem Street Paul Marchionda: Application for
22 Special Permit for Frontage Exception under sections 7.2.2, 10.3 and 10.31 of the North Andover Zoning Bylaw. The
23 Applicant proposes to subdivide the existing 7.4+/-acre parcel into two (2)lots.The property is located in the
24 Residential 2(R-2)zoning district.
25 R.Oldham. After review with Town Counsel, it was found that under NIA General Law Chapter 40A,sec. 9 and the
26 North Andover Zoning Bylaw section 1.0.31(5)requiring at least 4 of the 5 members of the Granting Authority must
27 vote when considering a Special Permit. The resignation of two members of the five member Board does not change the
28 requirement of 4 votes to take action. Thus, any special permit application pending before the Planning Board where
29 less than 4 members are eligible to vote, should be reheard. The Board can no longer act on this hearing because 2
30 Board members have resigned. A new public hearing on the same matter will be reopened; notices were reposted and
31 mailed to the abutters.
32 MOTION: L. Rudnicki made a motion to accept the applicant's withdrawal without prejudice for the original
33 application for Kindred Homes, 1099 Salem Street. P. Boynton seconded the motion, The vote was 5-0,unanimous in
34 favor.
35 MOTION: L. Rudnicki made a motion to close the original public hearing for Kindred Homes, 1099 Salem Street. P.
36 Boynton seconded the motion. The vote was 5-0,unanimous in favor.
37
38 NEW PUBLIC HEARING: Kindred Harries 1.099 Salem Street Paul Marchiauda:Application for Special Permit
39 for Frontage Exception under sections 7.2.2, 10.3 and 10.31 of the North Andover Zoning Bylaw. The Applicant
40 proposes to subdivide the existing 7.4+/-acre parcel into two (2)lots. The property is located in the Residential 2 (R-2)
41 zoning district.
42 R. Oldham: This is an application fora Frontage Exception Special Permit. The Applicant proposes to subdivide one lot
43 into two and does not have adequate frontage for both lots and is therefore seeking a Special Permit to offer dimensional i
44 relief under the Bylaw. The Applicant argues that they will disturb less than 1 acre and therefore do not need to apply
45 for a.Land Disturbance Permit. Therefore,the Board requested a more detailed stormwater review. The Town engineer
46 has officially signed off on the stort:nwater design proposed and an O&M plan that was provided by the Applicant. The
1
Town of North Andover
PLA.NNI.NG BOARD
Jenn?Ar Luz
,Tn►�:rr Simons, Chairman
Lynne Rudnicki E'itan Goldberg
Peters Boynton - rl% ' Aaron.Preston,Associate
TueNdaE June b 2017 7 p.m. 12011 Min Street Torun Hall North Andover AL4 01815
47 bottom portion of the proposed driveways are in riverfront and have been reviewed by the Conservation Commission
48 and the Applicant was issued an Order of Conditions.New England Power Co.,National Grid, awns the casement that
49 passes through the bottom of the proposed driveways. The Applicant is still waiting for permission concerning the
50 easement and the proposed construction.
51 J. Simons:For our new members, our bylaw stipulates any time a lot is created that has less than the normal frontage,.
52 but it has the minimum allowable frontage for an exception lot, it has to come before the Planning Board for Special
53 Permit approval. In order to get the reduced frontage the lot size has to be 3x the norm in the district and we are not
54 allowed to have more than two contiguous to each other. This project conforms to that.
55 J. Simons: Have you received anything from the BOH regarding your perc tests?
56 C. Marchionda: We have not received anything as yet.
57 D Kindred Kindred Homes:Noted they received an ascent letter regarding the easement owned by New England Power
58 Co/Natl Grid approving the plan from the attorney„however they are modifying language.
59 R. Oldham: There were some technical suggestions to the proposed Decision drafted in your packet that the Applicant
60 submitted at the last second. Such changes included,NE Power Co. versus just Natl. Grid and casement"holder„v.
61 owner and ascent to construction.
62 J.J.E�ha: Additionally,in the Decision it should be noted that DPW has required, and it was conditioned that,an.
63 AutoCAD drawing is required to be submitted to the DPW at time of development as evidence they are not disturbing
64 more than an acre.
65 MOTION:. E. Goldberg made a motion to approve the Frontage Exception Special Permit for 1099 Salem Street, as
66 amended. L. Rudnicki seconded the motion. The vote was 5-0,unanimous in favor.
67
68 CONTINUED PUBLIC FEARING: 58 Country Club Circle:Application for a Watershed Special Permit under
69 Sections 4.136, 10.3 and 10.31 of the North Andover Zoning Bylaw.The Applicant proposes to construct a retaining
70 wall, in ground pool, spa,walkway,patio, fence and associated grading and landscaping in the Non-Discharge Zone and
71 Non-Disturbance Zone. The project is located within the Residential 1 (R-1)Zoning.District.
72 [Continued to June 20, 2017Planning Board Meetingl
73
74 CONTINUED PUBLIC FEARING: 1102 South Bradford Street Greg Penne :Application for a Watershed Special
75 Permit under Sections 4.136, 10.3 and 10.31 of the North Andover Zoning Bylaw.The Applicant proposes to construct
76 a 440 square foot addition and a 168 square foot screened in porch off of the existing home in the Non-Disturbance and
77 Non-Discharge Zone. The project is located within the Residential 1 (:R-1)Zoning District.
78 R. Oldham:The Building Commissioner has provided a formal decision stating that the footprint of the house is the first
79 floor and second floor and that the addition, per the 2006 bylaw change,allows 50%of the gross floor area(GFA).
80 Legal counsel agreed the project is now viewed under the 2006 bylaw, as amended. Further background for the new
81 Board Members:this project proposes an addition and screened porch that will add to the impervious surface in the
82 Watershed Protection District which the Bylaw and the Board try to limit in order to protect our drinking water supply.
83 The Bylaw original had a provision that you could only expand the GFA of a structure in the Watershed by 25%.
84 However, in 2006 there was a Warrant Article that changes that provision to state that, if you have a structure with more
85 than 2,500 sf of GFA you are only allowed to expand by 25%, if you are under 2,500 sf of GFA you can only expand by
86 25%. In this particular project there was a question as to what was the existing GFA and how do we calculate GFA.
87 Stormwater has reviewed and signed off. On the project.They are proposing a roof downspouts with a screened pipe
88 cap to prevent leaves and other debris from entering the system. The mitigation will also account for the existing roof
89 runoff and mitigate more of the stormwater than is currently being addressed. Conservation has no jurisdiction and has
90 signed off on the wetland delineation.
2
Town of North Andover
PLANNING BOARD
Johra Simons, ChairmanJennzfer Lia
L3lnrze Rudnick dnic1Q.
Eitrira Goldberg
Peter Boynton Aaron Preston,Associate
1qW
Taresda o June 2017 7 .m. 1.20 Maig,street Town Hall North Andover, MA 0-1845
91 MOTION:L. Rudnicki made a motion to close the public hearing for the Watershed Special Permit for 102 South '
92 Bradford.Street.P.Boynton seconded the motion. The vote was 4-0,J. Simons,L.Rudnicki,P. Boynton and A. Preston
93 voted unanimous in favor.
94 MOTION:L. Rudnicki madea motion to approve the Watershed Special Permit for 102 South Bradford Street, as '
95 amended.A. Preston seconded the motion. The vote was 4-0,J. Simons, L. Rudnicki,P.Boynton and A. Preston voted
96 unanimous in favor.
97 J. Smolak: Questioned whether the bond amount($4K)was realistic on the project(440 s f)representing almost a third of
98 the cost of the project.Requested a smaller bond of$2K.
99' BOARD: Discussed Planning Board's band history of for Watershed Special Permit projects; discussed maybe applying
100 a calculation of some sort but at a later date.Board decided the bond amount was to remain based upon consistency.
101
102 CONTINUED PUBLIC HEARING: 1665 Great Pond Road Tom Zahoruilm: Application for a Watershed
103 Protection District Special Permit under Sections 4.1.36, 10.3 and '10.31 of the Zoning Bylaw to modify the original �
104 Watershed Protection District Special Permit approved on April 5,2016 to authorize the reconfiguration and
105 replacement of the existing driveway with stormwater and drainage enhancements and install a patio and in ground
106 pool.The project is located in the Residential I (R-1)Zone.
107 R. Oldham:At the last Public Hearing the Board had asked that the Applicant update his design to further provide Best
108 Management Practices and to further mitigate the runoff from the driveway.The Applicant has updated his design;
109 which has been reviewed by the Town engineer and stormwater consultant and they have states,the upgrades will help
110 with the runoff and infiltration on the driveway. The O&M plan has been incorporated into the decision including a
111. swimming pool maintenance plan.
112 T.Zahoruiko: This revised plan incorporates an infiltration trench to the east side of the driveway, check dams for
113 additional treatment to runoff, etc.
114 MOTION:P.Boynton made a motion to close the public hearing for 1665 Great Pond Read Watershed.Special Permit
115 Modification. L. Rudnicki seconded the motion. The vote was 4-0,J. Simons,L. Rudnicki,P. Boynton and A. Preston.
11.6 voted unanimous in favor.
117 MOTION:L. Rudnicki made a motion to approve the Watershed Special Permit Modification for 1665 Great Pond
118 Road,as amended.P. Boynton seconded the motion. The vote was 4-0, J. Simons, L. Rudnicki,P.Boynton and A.
119 Preston voted unanimous in favor. J
120
121 CONTINUED PUBLIC HEARING: 1975 Salem Street algia 0 Salem Street Phil Christiansen: Application for a
122 Land Disturbance Permit in connection with proposed construction of three detached single-family homes with site
123 grading,driveways, and service utilities. The property is located in the Residential 2 (R-2)zoning district.
124 [Continued to June 20, 2017 Planning Board meeting]
125
126 NEW PUI3LIC HEARING; 285 Holt Road Wheelabrator Gary Colette: Application for a.Special Permit-Site
127 Plan Review under sections 8.3, 10.3 and 10.31 of the North.Andover Zoning Bylaw to modify the Site Plan Review
128 Special Permit approved on August 19, 1998 to authorize the replacement of ash storage enclosure, installation of a new
129 wet scrubber enclosure and filling in an out of service basin up to existing asphalt;the project is located in the Industrial
130 2 (I-2)Zone
131 R. Oldham: The Applicant was previously before the Board as a discussion item to discuss the proposed changes to
132 determine if they were Insubstantial and did not require a modification to the original Special Permit. It was determined
133 by the Board that they would like to notify abutters and a Modification to the original Site Plan Review Special Permit
134 needed to be filed, The Applicant filed a Modification and the legal notice was mailed to the abutters. The project has
135 not undergone stormwater review because they.are not changing the footprint of the building. The application has gone
136 through department review and each department has signed off. Fire granted a"variance"regarding sprinklers and the J
3
Town of Neth Andover
PLANNING BOARD
John Simons, Chairman Jennifer Luz
Eitan Goldberg
Lynne Rudnicki l Aaron Preston,Associate
Peter Boynton
Tuesday June 6 2017 7 p.m. 120 Main Strut Town Hall North.Andover MA 01845
137 Applicant will use other fire protection methods. The Health Department has reviewed the proposed improvements with
138 the"t'own's Environmental Monitor TECH Environmental and has approved of the construction including monitoring
139 reports to be sure that each phase is executed to mutual satisfaction before another co-dependent phase is initiated.A
140 site visit by the Board was conducted back in March.
141 G. Collette,Plant Manager: Gave a brief description of the project.
142 E. Goldberg: Are there any other permits required?
143 G. Colette: We have a permit from the DEP to modify and we are strictly regulated; if we deviate from our operating.
144 permit, anything has to be brought to the state. We need a Building Permit as well.
145 MOTION:P.Boynton made a motion to close the public hearing for the Site Plan Review Special Permit Modification
146 for 285 Holt Road, Wheelabrator. E. Goldberg seconded the motion. The vote was 5-0 unanimous in favor.
147 MOTION: L. Rudnicki made a motion to approve the Site Plan Review Special Permit Modification for 285 Holt
148 Road,Wheelabrator, as amended.E. Goldberg seconded the motion. The vote was 5-0, unanimous in favor.
149 (A.Preston left meeting at 8:15 p.m.)
150
151 DISCUSSION
152 Reioaaal tlousin Pg lan TJpdate:
153 J. Enright: Provided a brief update on the Regional Housing Plan effort which is now underway. The first of two local
154 workshops is scheduled on June 27,2017 at 7:00 pm in the Senior Center.
155 J. Simons suggested involving several local developers.
156
157 Master Plan Update:
158 J. Simons: Presented an annual Planning Board update to the Board of Selectmen June 5,2017.The Master Plan update
159 effort was part of that discussion. John offered to contact E. Yfoury to help schedule interviews and facilitate the Master
160 Plan Committee selection process.
161
162 MINUTES APPROVAL
163 MOTION: L. Rudnicki made a motion to approve the May 2,2017 and May 16, 2017 minutes. P. Boynton seconded
164 the motion. The vote was 5-0, unanimous in favor.
165
166 ADJOURNMENT
167 MOTION: P.Boynton made a motion to adjourn the meeting. The motion was seconded by L. Rudnicki. The vote was
168 5-0,unanimous in favor. Meeting adjourned @ 8:45 p.m.
169
1.70 MEETING MATERIALS: Planning Board Meeting Agenda June 6,2017;DRAFT Planning Board Meeting Minutes May 2,2017&
171 May 16,2017; 1812 Bond Release: Photos of Site Images 1-7, 1812 Turnpike As-Built Cert Letter(5-26-1.7), 1812 Turnpike BOND
172 RELEASE Letter(5-26-17); 1099 Salem Street Kindred Homes: 170321_SalemStreet 1099—Frontage Exception,Const.Sequence,DPW
173 Review 43 170511,FINAL Plan 170501,O&M Plan,Response to J.Borgesi_170501,Response to J.Borgesi_PLANS_170501;58
174 County C➢ub Circle: 170321 CountryClub Circle58 WSP DRAFT,Review43 170504,Site Plan Updated-170525,Stanley-Landscape
175 Plan(05.26.17); 102 South Bradford Street:Site Plan Revised 5-2-17,Building Commissioner Formal Determination—]70517,
176 170418 South Bradford 1.02-WSP DRAFT; 1665 Great bond Road: 170606_Great Pond Road 1665 WSP_MOD_DRAFT,.
177 Decision 160405,Plan 170525,Review 92_170426,Review##3_170525,Review#4__170526; 1975 Salerr Street: Continuance 170815;
178 285 Holt Road: 170606 Molt Road 285_MODSPR_DRAFT,Ash Building Plan Views 170503,Fire-170508,Full Set 170501,Health
179 Comments 170531,Health via Comments from TECH 170519;Regional Housing Plan: 170523 Regional Housing Plan stakeholder
1.80 memo; Staff Planner notes provided to members of the hoard.
4