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HomeMy WebLinkAbout2001-04-17 Planning Board Minutes Planning Board Meeting APPROVED 7/10101 April 17, 2001 Members Present: Alison Lescarbeau, Chairman John Simons, Vice Chairman Alberto Angles, Clerk Richard Rowen (8:10) Staff Present: Heidi Griffin, Planning Director Jacki Byerley, Planning Assistant The Planning Board Meeting of April 17, 2001 was called to order at 7:36 p.m. Discussions: Street Acceptance-Coventry Mr. Simons stated that the work completed with the subdivision was done nicely but there were still issuing regarding the pumping station that needed to be worked out before a street should be accepted. Mr. Hmurciak stated that the DPW was working with Mr. Tedesco to complete the punch list of items to have the pumping station accepted. Mr, Tedesco stated that Fleet has the assignment, maintenance and punch list with the DPW and they were presently working on the transfer of the pumping station to the Town. Mr. Simons wanted to know how far away to acceptance of the pumping station? Mr. Tedesco stated that the DPW now has complete access to the station. The transfer would be for a 15 year old station and Fleet was willing to maintain the station but to transfer they would replace items within reason. Ms. Lescarbeau stated that it would not be in the best interest of the Town to accept the pumping station if it were going to fall apart shortly afterward. Ms. Lescarbeau wanted to know who was paying for the power? Mr. Tedesco stated that Fleet was and that the pumping station was also supplying Salem Street and not just the Coventry Subdivision. Mr. Tedesco stated that he had worked in good faith on this project and hoped to correct any wrongs that were done at the beginning. Mr. Simons stated that the effort was appreciated by the Town but the Planning Board needed to look at the best interest of the Town and make sure everything was completed before a street acceptance could happen. Mr. Simons requested that Mr. Tedesco receive a detailed memo from Mr. Hmurciak stating what needed to be completed with the pumping station and how the pumping station ties in to the acceptance of the street. p 1 r Mr. Tedesco stated that he has been working closely with Mr. Hmurciak and the negotiations for acceptance of it was an easy process. Mr. Simons stated that the Planning Board would vote on the acceptance before the Selectmen's meeting scheduled on April 23, 2001. Street Acce tante-Huckleberz Lane Ms. Griffin informed the Planning Board that the applicant still needs a COC from Conservation and originals of the deeds. Ms. Griffin had spoken with Town Counsel and they agreed that the Planning Board could make a conditional approval stating.that if the applicant were to receive the COC and have the originals to Town Counsel a week before Town Meeting the street could receive a favorable recommendation. Mr. Simons motioned to recommend FAVORABLE action regarding the street acceptance of Huckleberry Lane with the condition that they receive a COC from Conservation and the original documents were received by Town Counsel a week before Town Meeting, 2"a by Mr. Angles. Voted 3-0 in favor of the motion. Street Acceptance-Christian Way Extension Ms. Griffin informed the Planning Board that the applicant would not be receiving a COC from Conservation. Ms. Griffin stated that Town Counsel recommend that the Planning Board not recommend favorable action without a Certificate of Compliance from.Conservation. Mr. Simons motioned to recommend UNFAVORABLE action regarding the street acceptance of Christian Way Extension, 2nd by Mr. Angles. Voted 3-0 in favor of the motion. Street Acceptance-Orchard Hill Road Ms. Griffin informed the Planning Board that DPW was recommending favorable action subject to landscaping at the shoulder. Ms. Griffin stated that she was scheduled for a site visit on April 23, 2001. Mr. Simons motioned to recommend FAVORABLE action regarding the street acceptance of Orchard Hill Road, 2"d by Mr. Angles. Voted 3-0 in favor of the motion. Public Hearings: Definitive PDD-Riverbend Crossing-Greene Street 2 Mr. Dom Scalise requested that the Public Hearing for Riverbend Crossing not be opened until five Planning Board members were present. 25 Carriage Chase Road-Watershed Special Permit Mr. Ben Osgood Jr. representative for the applicant stated that the homeowners were requesting to place a 16x22 deck within the Non-Disturbance Zone of the watershed district. Mr. Osgood stated that the deck was to be 80' from the wetlands. There was no impervious area being created. Mr. Osgood requested a waiver of the Outside Engineer review. Mr. Simons wanted to know the impact difference between pressure treated decks verse pine? Mr. Osgood was unsure of the difference. Mr. Tom Zahouriko stated that he had heard that long ago the pressure treated wood had used arsenic but they had taken that chemical out. Mr. Simons motioned to GRANT the waiver request, 2"d by Mr. Angles. Voted 4-0 in favor of the motion. Mr. Simons motioned to CONTINUE the Public Hearing for 25 Carriage Chase Road Watershed Special Permit until May 1, 2001. Voted 4-0 in favor of the motion. 257 Bridle Path-Watershed Special Permit Mr. Osgood representative for the applicant stated that the applicant was looking to renovate the existing house. Currently the house was two stories due to an illness of the homeowner access to the second floor was no longer possible. An addition needed to be made to create a first floor bedroom and bathroom plus they would like to remodel the kitchen. There is an existing deck that would be removed and a new one placed with the addition. The house was grandfathered from the buffer zone. Changes would be made to the topography and grade. Trees would need to be removed to allow access for the construction. The basement had been flooded recently and would be repair at the same time as the addition. Mr. Osgood stated that a review had been done by VHB and they requested the Board of Health do a test pit. With the addition the applicant would be connecting to sewer. The shed on the property would be raised to meet the grade. Mr. Simons motioned to CONTINUE the Public Hearing until May 1, 2001, 2nd by Mr. Angles. Voted 4-0 in favor of the motion. Article 31-Amend Zoning Map 98D Parcel 6 &7-Saville and Turnpike Street 3 Ms. Amy Chongris representative for the applicant stated that the article is proposed to rezone the two parcels from Business-1 to General Business. At a past Town Meeting the applicant had tried to rezone the property to Village Commercial but the square footage needed for VC was 90,000 and their property did not have enough. Ms. Chongris stated that she believed the rezoning would make the lots more consistent with existing zoning. Currently there are no plans in place to change the existing business at the location. Ms. Chongris stated that the rezoning would open up more business possibilities when the current owner was ready to retire. Ms. Simons informed the applicant that when a rezoning article comes before the Planning Board the applicant normally know what will be going on the property. Mr. Pelich another representative for the applicant stated that the General Business uses are similar to what is already allow with a broader definition of the uses. Also, General Business allows a gas station, which would make the property more marketable later. Mr. Simons agreed with making the property more marketable by having a broader definition but wasn't comfortable with having the gas station use in place. Mr. Simons suggested th4t the applicant put a covenant in place to prevent the gas station use on the property if it were to be rezoned. Ms. Griffin questioned whether a gas station would be permitted on the property with the amount of wetlands? Ms. Chongris stated that they had received an RDA from the Conservation Department, which outlined the wetlands on the property. Mr. Simons motioned to CONTINUE the Public Hearing for Article 31-Amend Zoning Madp-Saville Street and Turnpike Street-Business 1 to General Business until May 1, 2001, 2" by Mr. Rowen. Voted 4-0 in favor of the motion. Article 26-Amend Zoning Bylaw-Section 7.1.2 Lot Width The article is to see if the Town will vote to amend Section 7.1.2 Lot Width to delete if the first sentence "For any lot created after May 1, 1995..." and change the word "the" to "The". Ms. Griffin informed the Planning Board that the Attorney General suggested the change to be uniform in the Zoning Bylaw. Mr. Rowen motioned to recommend FAVORABLE action regarding Article 26- Amend Zoning Bylaw-Section 7.1.2 Lot Width, 2`1 by Mr. Simons. Voted 4-0 in favor of the motion. Article 24-Amend Zoning Ma -Rezone Assessors Map Parcel 19-Sutton and North Main Street-Residential 4 to General Business The article has been submitted to see if the Town will vote to amend the Town of North Andover Zoning Map by rezoning the following parcel of land from Residential-4 to General Business. Mr. Simons stated that although the rezoning was to relocate the Thrift Shop he felt it would be in the best interest of the Town to have a restriction in 4 place that would only allow the Thrift Shop to be located there. Ms. Griffin informed the Planning Board that the lot would become non-conforming with the rezoning. Ms. Griffin suggested that the Planning Board request that the property owner write a memo stating they are aware that if the property is to be rezoned it would be non-conforming. Mr. Simons motioned to CONTINUE the Public Hearing for Article 24-Amend Zoning Map 28 Parcel 19, 2r'd by Mr. Rowen. Voted 4-0 in favor of the motion. Article 28-Amend Zoning Bylaw-Section 4.2 Phased Development The article is to see if the Town will vote to amend the North Andover Zoning Bylaw Section 4.2 by deleting it in its entirety. Ms. Griffin stated that the Zoning Bylaw currently has to bylaws that address growth limitations. Mr. Rowen didn't think that the Town should delete the bylaw that had no time line. Mr. Rowen also stated that if the Town voted to delete the Phased Development and didn't vote to extend the growth bylaw then the Town would have nothing. Ms. Griffin stated that the original intent was to add multi-family to the Phased but through meetings it was decide to just delete it. Mr. motioned to withdraw Article 28-Amend Zoning Bylaw-Section 4.2 Phased Development for further review to be done by the Planning Board, 2"d by Mr. Simons. Voted 4-0 in favor of the motion. Article 29-Amend Zoning Bylaw-Section 8.7 Growth Management This article is to see if the Town will vote to amen Section 8.7 of the Town of North Andover Zoning Bylaw Growth Management Bylaw to extend the expiration date from Julyl, 2001 to July 1, 2002. Ms. Griffin informed the Planning Board that the purpose of extending the bylaw for another year was to give the subcommittee more time to review and revise the growth management bylaw. Mr. Rowen motioned to recommend FAVORABLE action regarding Article 29- Amend Zoning Bylaw-Section 8.7 Growth Management, 2" by Mr. Simons. Voted 4-0 in favor of the motion. Article 30-Adopt Section 8.10-Lot/Slo e Requirements Ms. Griffin stated that the purpose of adding a slope bylaw was to prevent the building on natural slopes exceeding 25% (4:1) over a horizontal distance of 40 feet. Ms. Griffin stated that the bylaw does make provisions in it that allow the granting of a special Permit. 5 � 3 Mr. Zahoruiko stated that this bylaw would make most lots unbuildable with out a special permit. Mr. Ben Osgood Jr. had a problem with not allowing 25% or greater in lot area. Mr. Osgood went on to say that wetlands could not be used in the calculations of the lot area, this bylaw would create more of a sprawl and would require more land mass. Mr. Rowen stated that this bylaw would help establish density of a parcel. It doesn't let the builder disturb slopes but 4:1 slopes can be created. Ms. Griffin stated that the new Subdivision Rules and Regulations cover newly created lots. Mr. Simons suggested that more homework be done on the adoption of the slope bylaw and that the developers look for sites and unintended consequences. Mr. Simons motioned to CONTINUE the Public Hearing for Article 30-Adopt Section 8.10-Lot/Slope Requirements, 2"d by Mr. Rowen. Voted 4-0 in favor of the motion. Article 27-Amend Zoning Bylaw-Section 8.8-Adult Use Zone The purpose of this article is to see if the Town will vote to amend Section 8.8 Adult Use Zone subsection 2-Separation Distances as follows: Amend item a) form the current language: "within five hundred (500') feet of any Residential Zoning Districts or within five hundred (500') feet of any church, school,park, playfield, or other location where large numbers of minors regularly congregate." Shall be amended to now read: "within five hundred (500') feet of the property line of any church, school, park, playfield, or other location where large numbers of minors would congregate." Amend item b) from the current language "within five hundred feet (500') of any other adult use as defined herein." Shall be amended to now read: "within one-thousand feet (1000') of the property line on which any other adult as defined herein either resides or has been approved for adult uses." Mr. Simons motioned to recommend FAVORABLE action for Article 27-Amend Zoning Bylaw-Section 8.8-Adult Use Zone, 2"d by Mr. Rowen. Voted 4-0 in favor of the motion. Continued Public Hearings: 1160 Great Pond Road-Site Plan Special Permit-Brooks School Headmaster Facility_ Mr. John Scott representative for the applicant stated that renovations to the headmaster house, dining and kitchen are to be done. The Headmaster House it to become the school admissions office. The Headmaster House is located in the General Watershed Zone. A comment from the outside consultant VHB suggested that a waiver be obtained for the watershed special permit. The applicant is still working with VHB to finish any outstanding issues. Mr. Scott requested a continuance until the May 22, 2001 Planning Board meeting. 6 Mr. Simons motioned to CONTINUE the Public Hearing for 1160 Great Pond Road-Site Plan Special Permit until May 22, 2001, 2"d by Mr. Rowen. Voted 4-0 in favor of the motion. North Andover High School-Site Plan Special Permit Mr. Ken DiNisco informed the Planning Board that the egress to Prescott Street had been widen to 12'-14'. They could not keep the emergency access going out to Osgood Street because it would cause additional curb cuts and that would require a permit from the State. Also to place a light at the Osgood access the school department in the process would spend too much money. They were going to be working with DPW on the sidewalks on Prescott Street. Snow removal has been covered with the Conservation Commissions conditions. Mr. Simons requested that within the decisions conditions an analysis of the Osgood Intersection be made for the future. Also written under the finding of facts that an existing curb cut is in place at Osgood Street. Mr. Simons motioned to CLOSE the Public Hearing for North Andover High School-Site Plan Special Permit, 2nd by Mr. Angles. Voted 4-0 in favor of the motion. The Planning Board instructed Ms. Griffin to draft a decision for the May 1, 2001 meeting, Mr. Rowen motioned to ADJOURN the Planning Board meeting of April 17, 2001, 2"d by Mr. Angles. Voted 4-0 in favor of the motion. 7'