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HomeMy WebLinkAbout1998-04-14 Planning Board Minutes Planning Board Meeting DPW Conference Room April 14, 1998 Members Present: a Richard S. Rowen, Chairman , .Alison Lescarbeau, Vice Chairman and Joseph V. Mahoney. John a Simons, Clerk, arrived at 7:15 p.m. Alberto Angles, Associate Member arrived at 7:20 p.m. Kathleen Bradley Colwell, Town Planner was also present. Richard Nardella was absent. Executive Session: On a motion by Mr. Angles, seconded by Ms. Lescarbeau, the Board voted unanimously to go into Executive Session for the purpose of discussing the Rennies Property. The vote took place at 7:23 p.m. On a motion by Mr. Angles, seconded by Ms. Lescarbeau, the Board voted unanimously to come out of Executive Session. The vote took place at 7:30 p.m. Discussion: Review Airport Hanger Plans Edwin Dokus was present to represent the Lawrence Airport. Mr. Dokus stated that during the excavation they dug up a drainage pipe. Mr. Dokus had new plans drawn up showing a new location for the hanger due to the drainage pipe. Mr. Dokus went over the new plans with the Board, Mr. Dokus stated that they need to relocate the hanger so they can access the drainage pipe. On a motion by Mr. Simons, seconded by Mr. Angles, the Board authorized Ms. Colwell to endorse the new plans. Acquisition of Land -Foster Farm Mike Howard, Conservation Administrator and Bill Scott, Director of Community Development, were present to speak on behalf of Foster Farm. Mr. Scott stated that there is a total of 93 acres of property combined for both open space and a school. Mr. Scott stated that the price has not been set yet. Mr. ,Scott stated that they have been working with the School Committee to try to locate an area with the greatest amount of subdivisions around it. Ms. Colwell informed the Board that this land is under Chapter 61 -A and therefore the Town has the right of first refusal and must act now. Mr. Mahoney asked what is development potential. Mr. Howard stated that it is about 24 to 26 lots. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to recommend favorable action for the acquisition of land for Foster Farm. .Acquisition of Land -Renshaw Property Mike Howard, Conservation Administrator and Bill Scott, Director of Community Development, were present to speak on behalf of the Renshaw property. Mr. Howard stated that the parcel consists of 144 acres and is completely in the watershed district but 60% of the property is in Boxford. Mr. Howard stated that there are two sub-committees for the Conservation Commission, which are the -: Open Space Committee and the Trails Committee. Mr. Howard`passed out pamphlets on.the 3 property to the Board. Mr. Howard stated that the property is adjacent to a tributary, it is in.the . watershed and has the potential for a trail network. Mr. Howard stated that they have gone before the Board of Selectmen. Mr. Mahoney asked if they are planning on purchasing the parcel in Boxford. Mr. Howard stated that they were. Mr. Howard stated that this is the Town's last hilltop. Mr. Rowen asked if it was going to be left undeveloped. Mr. Howard stated that it will. Ms. a Lescarbeau asked if there were going to be any trails. Mr. Howard stated yes, they would go from Settlers Ridge to Mazarenko Farm, Mr. Mahoney asked what the price range was. Mr. Scott stated that it is 1.5 million. Ms. Colwell stated that they are looking for a recommendation from the Board. On a motion by Mr. Mahoney seconded by Ms. Lescarbeau, the Board voted unanimously to recommend favorable action for the acquisition of land for the Renshaw Property. Acce tance of Land - Wa ne Lexingion, Bunkerhill Streets Ms. Colwell reminded the Board of A FORM A plan that was signed two years ago giving the Town some land adjacent to the DPW. This article simply allows the Town to accept that land. Ms. Colwell recommends a favorable recommendation for this article. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously for a favorable recommendation for the acceptance of land for Wayne Street, Lexington Street and Bunkerhill Street. Aro nation Police/Fire Com lex Site&Desig n j Ms. Colwell stated that she does not have a recommendation for this article. I Roadway Acceptances: Sugarcane Lane Extension (Seven Oaks) Ms. Colwell stated that she does not have a recommendation for Sugarcane Lane as there are some outstanding issues. Beechwood Drive Ms. Colwell stated that shedoes not have a recommendation for Beechwood Drive, as there are some outstanding issues. Lost Pond Lane Ms. Colwell does not recommend a favorable recommendation for Lost Pond Lane based upon DPW recommendation. On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted unanimously for an unfavorable recommendation for the road acceptance for Lost Pond Lane. East Pasture Circle Ms. Colwell stated that she does not have a recommendation for East Pasture Circle, as there are some outstanding issues. 2 13-3 Hitching Post Road Ms. Colwell does not recommend a favorable recommendation for Hitching Post Road based upon DPW's recommendation. ; On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted unanimously for an unfavorable recommendation for the road acceptance for Hitching Post Road. Abandon Ownership- Paper Street Ms. Colwell does not have a recommendation at this time. The persons who submitted the article will be invited to the May 5t"meeting. Release Interest in Certain Paper Street in the vici!* Ms. Colwell stated that she does not have a recommendation at this time. She will invite the Town Manager to the May 5"'meeting. Public Hearings (7:30 p.m.) New: Amend Zoning-Bylaw Section 4.2 Phased Growth Mr Rowen explained that this article clarifies which subdivisions fall under the Growth Management Bylaw and Phased Development Bylaw. Currently the bylaws conflict other. Bill Barrett asked what the wording changes are. Ms. Colwell read the revised changes. On a motion by Mr. Mahoney, seconded by Ms. Lescarbeau, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted unanimously to recommend favorable action on this warrant article. Amend Zonin B law Section 4.136 5 Emergencies Ms. Colwell stated that an oil tank leaked into the soil in the Watershed. Ms. Colwell stated that this section would give the Planning Board and the department the authority to act quickly without requiring the applicant to go through the special permit process. Ms. Colwell stated that a letter must be submitted by the applicant stating their reasons why this is an emergency. Ben Osgood stated that the Fire Department and D.E.P has the authority and he does not believe that this Board should be involved as the State DEP regulates oil spills. Bill Barrett stated that this has to go before the state and ConCom and this is just making it more complicated. Bill Barrett asked if a septic system fails would that be considered an emergency. Ms. Colwell stated that it probably would and would allow the homeowner to respond immediately without having to wait for the special permit process. On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to close the Public Hearing. �3 L/ On a motion by Mr. Mahoney, seconded by Mr. Simons the Board voted unanimously for a favorable recommendation as amended. Amend Zoning Bylaw Section 73.1 Contiguous Buildable Area Mr. Rowen stated that this amendment excludes detention ponds from CBA. Ms. Colwell stated that the bylaw does not include access easements but the actual drainage structures. Mr. Rowen stated that the bylaw does not preclude a detention pond from being on a lot however it cannot be counted in the eba requirement. Bill Barrett asked where this has been a problem. Ms. Colwell stated Woodlea Village is the best example. Ms. Colwell stated that Forestview plan originally had detention pond in backyards but the applicant worked with the Board to relocate them. Ms. Colwell stated that the Board of Health continues to write letters stating that the ponds are not safe. Bill Barrett asked if the Board create a minimum distance. Ben Osgood expressed support for distance requirement. Bill Barrett stated that the Board could accomplish the same thing with dimensional requirements. Ms. Colwell stated that the bylaw changes were not proposed.to make people lose lots, it was for safety and aesthetic issues. Bill Barrett urged the Board to take more time on this article to find a better solution. Ms. Colwell stated that the Board could not amend the article for this town meeting to create a dimensional change. Mr. Rowen suggested that the Board not make a recommendation tonight. The Board agreed. Mr. Rowen stated that the Board would appreciate the developers input. Mr. Rowen stated ' he developers build a good development. Bill Barrett stated that i to see t objective s that the Board's ob p l p g we would like to help and would like to know where some of the detention ponds. Ms. Colwell stated that she would sit down with Bill Barrett to discuss his recommendations. Continued until May 5, 1998. Amend Zoning Bylaw Section 8.3 Site Plan Review Ms. Colwell stated that the Building Department would like to clarify the types of plans that can be created by an architect and by an engineer. Currently the plans have to be stamped by a professional engineer or an architect. Mr. Rowen asked how big is this problem. Ms. Colwell stated that the Planning Department has never had a problem, On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Mahoney, seconded by Mr. Angles the Board voted unanimously to withdraw the article and ask the Building Department for input. j` Amend Zoning Bylaw Section Wireless Service Facilities { j j Mr. Rowen stated that he spoke to Walter Soule, Vice Chairman of the ZBA and he wants the Planning Board to support this. Mr. Mahoney would like to continue this until the next meeting so he can look over the information. Continued until the May 5, 1998 meeting. Amend Zoning Bylaw Section 2.27 Building Height Ms. Colwell stated that this article would include HVAC units on buildings within the definition of building height. Tom Zahoruiko asked if this will affect residential areas, Ms. Colwell stated that it would. Mr. Rowen suggested that the Board continue discussions until we get feedback.from Bob . . Nicetta and wait until the Fall. Bill Barrett showed the Board'a plan of a home regarding height issues_. Mr. Rowen asked if the houses now comply. Bill Barrett stated no, but.they do.comply by the State. Ms. Colwell stated that the bylaw should be changed to follow the State Building Code, On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted unanimously to withdraw the article and close the Public Hearing. Amend Zoning B law Section 7.4 Building Height Ms. Colwell stated that she would like more input form the Building Department. On a motion by Mr. Simons, seconded by Mr. Mahoney, the Board voted unanimously to withdraw the article and close the Public Hearing. Amend Zoning Bylaw Section 6.6 d Si ns & Outdoor Lighting .86 Mr. Rowen went over the article. Ms. Colwell stated that the Board talked about this at the last meeting and recommends favorable action. On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously for a favorable recommendation to amend Section 6.6 (d) (p.86). Amend Zoning Bylaw Section 6.6 d Signs& Outdoor Li htin .85 Mr. Rowen went over the article. Ms. Colwell stated that the Board talked about this at the last meeting and recommends favorable action. On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously for a favorable recommendation to amend Section 6.6 (d) (p.85). / �� 5 I Amend Zonina Bylaw Section 10.4 Variances and Appeals Mr. Rowen went over the article. Ms. Colwell stated that the Board talked about this at the last meeting and recommends favorable action. On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously to close the Public Hearing. On a motion by Mr. Mahoney, seconded by Mr. Angles, the Board voted unanimously for a favorable recommendation to amend Section 10.4 Rezoning: Rezone I10 Sutton. Street Robert Carberry was present to discuss the rezoning at 110 Sutton Street. Mr. Carberry stated that he is looking to rezone from I-S to GB. Ms. Colwell stated that it is in the downtown area. Mr. Simons asked what the square footage for the property was. Mr. Carberry stated that it is 52,712 SF and has 110 parking spaces. Mr. Carberry stated that he is not doing this so he can build on the property, it is very difficult to rent the building out. Mr. Simons stated that going to GB allows them to put anything they want in. Mr. Rowen stated that all the adjacent properties are zoned GB. Mr. Simons asked the Board if there were any uses they would like to exclude from the GB. Ms. Colwell stated that the Board usually excludes gas stations but, there are already two on the street. On a motion by Ms. Lescarbeau, seconded by Mr. Angles the Board voted unanimously to close the I_ J Public Hearing. On a motion by Mr. Angles, seconded by Mr. Simons, the Board voted unanimously for favorable action to rezone Sutton Street. Rezone Chickering Road Mr. Rowen stated that they are still planning to put a building on the property but are changing the boundaries to run along Chickering Road and the back parcel will be donated to the Trustees of Reservation or to the Town for Conservation. Mr. Rowen stated that realistically y there is going to be a building put up and this design is better than the other one. Mr. Rowen went over the plans with the Board. An abutter in the audience asked if they had to wait for the court's decision. Mr. Mahoney stated that the board voted 3-2 and that was sufficient votes to deny however if the case goes to court the Town will lose. Mr. Rowen stated that the Board has to choose between these two designs. An abutter at 70 Farrwood Drive, stated that he is against this and does not want to look out his window and see a building. 0 i On a motion by Mr. Simons, seconded by Mr. Mahoney the Board voted unanimously for a favorable recommendation to rezone Chickering Road. y1' 9 6 f,i E a P I: On a motion by Mr. Simons, seconded by Mr. Angles the Board voted unanimously to close the Public Hearing, Rezone Willow Street Lenny Annaloro and Ken Hyde were present to speak on behalf of rezoning Willow Street. Mr. Hyde went over the plans with the Board. Mr. Hyde stated that it is currently zoned R-6 and they are planning to enter through the industrial park only. Mr. Simons stated that we have spent a lot of time balancing the zones. Mr. Rowen stated that they still have to come back before us with site plan review and we have drawn up a restrictive covenant. Mr. Mahoney asked Mr. Schena, Chairman, Master Plan Committee, if he had any thoughts to this article. Mr.'Schena stated that the Master Plan Committee has voted unfavorable due to the restricted covenant. Mr. Annaloro stated that they could build two lots but, who would want to bring children up in an industrial park. Mr. Rowen stated that Mr. Annaloro has volunteered to restrict some uses from the GB zoning. Ms. Colwell stated that it will be executed by the Selectmen and then beirecorded after Town Meeting by our Town Counsel. Mr. Rowen stated that we have done a lot of work on this. Mr. Schena stated that the Master Plan committee does not want to see anymore residential on Rt.114. On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted 3-1 for a favorable recommendation to rezone Willow Street. Mr. Mahoney abstained. On a motion by Mr. Simons, seconded by Mr. Angles the Board voted unanimously to close the Public Hearing. Rezone Osgood Street Joanne McCarthy was present to discuss the rezoning of Osgood Street. Ms. McCarthy stated that all the property around her is zoned commercial and she would like to rezone her property for resale. Ms. Colwell asked if they are planning to rezone their property alone or with the other two properties. Mr. Simon stated that they have come before us before and we told them that they needed to get the other two properties to rezone with them. Ms. McCarthy stated that she agrees with the Board but she can't get the other neighbors to rezone with her and if she plans to sell her house she can't find anyone to buy property that abuts commercial property. Ms. McCarthy stated that she already has a buyer if this gets rezoned. Mike Schena of the Master Plan Committee stated that they have been looking at Rt. 114 and Rt. 125 for the possibilities of rezoning but they need to be looked at further. Mr. Schena stated that the Town has to address this issue but, thinks the applicant should wait until the Master Plan Committee makes a decision for what they plan on doing. Ms. McCarthy stated that they are on septic and that sewer was brought down the road and they could not hook up to it. Ms. McCarthy stated that no one would want to bring children up on Rt. 125. Katie Tyler has_been living there for three years and her house is the middle home. Ms. Tyler stated that it is an older home with a beautiful backyard. Ms. Tyler believes that they should stick r � together as neighbors. Ms. Tyler stated that she does not want to live next door to a parking lot. Fred Bouchee, an abutter stated that it is becoming a domino effect. Ralph Goff, an abutter stated that he is concerned with the domino effect and that traffic has become a problem. Frank Ragonese, Great Pond Road, stated that he is familiar with N. Andover and believes that the McCarthy's should put their home on the market and it will sell. Mr. Ragonese stated that the zoning has always been that way. On a motion by Mr. Simons, seconded by Mr. Mahoney the Board voted unanimously to close the Public Hearing. On a motion by Mr. Simons, seconded by Mr. Angles, the Board voted unanimously for an unfavorable recommendation to rezone Osgood Street. Adjournment: On a motion by Mr. Mahoney, seconded by Mr. Simons, the Board voted unanimously to adjourn. The meeting adjourned at 10:00 p.m. 3 i i i i X5 9:.