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HomeMy WebLinkAbout2003-02-04 Planning Board Minutes I North Andover Planning Board 2 Unapproved Minutes 3 February 4, 2003 4 Regular Meeting 5 6 Members Present: John Simons, Chair; Alberto Angles, Vice Chair, Rick Nardella, Clerk; Felipe 7 Schwartz ; George White; James Phinney, Associate Member 8 Members Absent: John Simons, Chair 9 Staff Present: J. Justin Woods,Planning Director; Debbie Wilson, Planning Assistant 1.0 1.1 12 7:25pm Call to Order by Chair. Chair introduced Justin Woods, the new Planning Director, 13 14 Discussion Items: 15 1. Eagle Tribune Properties—Discussion to Rezone from R4 to General Business 16 Ross Hamlin had confirmed, but nobody came for this discussion. 17 2. Mary Stella Trust—FormA- 18 Atty. Stella presented the plans to the board. The Planner read the Community & Development 19 Director's notes regarding this form A. The applicants are proposing a 13,000 square foot lot. The Chair 20 asked about access over the right of way. The applicants want to continue the road. The Chair stated the 21 road has to be the proper width and grade for a road or else it would be a subdivision. White wanted to 22 know the plans for improving the road. The Chair would like to see the site. Phinney asked about the 23 present and proposed road surfacing. The Board determined that if the road needs to be improved, it is a 24 subdivision. The Chair stated that this action probably constitutes a subdivision and asked if anyone 25 would like to make a motion. Atty Stella made a request to withdraw the application. Simons motion to 26 permit the applicant to withdraw the Form A application, 2"d White. Discussion: None. Motion 27 carries 5-0. 28 29 [Nardella arrived at 7:20pin] 30 31 3. 1803 Turnpike Street—Genesis Health Care 32 Atty. Wayne Simmons was present representing Genesis. The Board discussed the historic value of the 33 property. The applicants want to tear down the structure and amend the planning board!s previous 34 decision by carving off a separate lot. Angles asked about dimensional qualities of the lot. The Chair 35 asked why Genesis doesn't just create an easement and keep the lot the way it is. Atty. Simmons replied 36 that they had not thought of that. White stated that he prefers the casement. The Board prefers the 37 easement. 38 39 [Schwarz arrived at 7:28pm] 40 41 4. Forest&Rea Street- Bond Releases 42 The Planner presented the Board with the background on each request. He confirmed that he had 43 conducted site visits to each location and recommended releasing the requested bonds. 44 45 Nardella Motion to release the $5,000.00 and all remaining bond monies for Rea Street, 2"d by 46 White. Discussion:None. Motion carries 5-0. 47 48 Nardella Motion to release the $5,000.00 and all remaining bond monies for Forest Street, 2"d bX 49 White. Discussion:None. Motion carries 5-0. 50 51 Planning Board February 4, 2003 Page 3 of 5 1 2 3 8. Peachtree Definitive Subdivision/Rea Street 4 Landscaping: 5 TESTIMONY: Gerry Lynn Darcy addressed the board regarding the Peachtree Subdivision. The 6 landscaping plans were presented by Chris Huntress. Sheet Ll is the revised plan. Nardela asked when 7 the street trees would be put in. Huntress said he feels they should be put in the fall. Schwarz would like 8 to see the trees in sooner than later. Huntress explained the plans to the board in regard to the plantings 9 and stone wall. The wall starts at 6ft and tapers down to 4 feet. White asked about the fence. Huntress 10 said it would be a white picket fence. PUBLIC COMMENT: Alan Swan an abutter asked the board 11 about a barrier along the buffer zone. He wanted something physical around the buffer zone. Nardella 12 addressed Mr. Swan and felt over time this would not look good and create maintenance problems. Swan 13 suggested stonewalls or trees. Nardella said it would be too hard to police. Chair agreed with Nardella and 14 that the buffer zone recommendation should be kept as it is drafted. Gerry Lynn spoke and said that this 15 should be sufficient. Mike Rishani addressed the buffer issue and helped resolve things with the abutter. 16 17 Water: 18 TESTIMONY: The water issued was addressed. Nardella read the memo from the DPW. Gerry Lynn 19 addressed the board regarding the water issue. Nardella read the memo from Weston & Sampson dated 20 2/3/03. This letter will be place in the applicants file. Robert Levy is an attorney representing the 21 applicant. He addressed the board in regards to the water issue. Atty. Levy stated that the looping would 22 help the water pressure, but that they need to obtain an easement from the Bennet's, who also have a 23 detention pond and on their property. Kathy Bennet approached the board and stated she would like to 24 deed the detention pond to the town. She said the detention pond holds a lot of water and she is not 25 comfortable with the new development if she owns pond. Ms. Bennet indicated she would grant the 26 easement for the looping if the town would agree to take the pond. PUBLIC COMMENT: Mr. Swan 27 addressed the board and would like the increased water pressure . Bill Hmurciak,NADPW, said that the 28 looping would increase the water pressure. Mr. Swan would like a standard set for the water pressure 29 issue. Nardella said they could not set a specific standard. Schwarz suggested potentially monitoring the 30 flow by DPW. IVIr. Nardella and the Chair explained that they could not require this subdivision to solve a 31 town problem with another subdivision, however, if this subdivision improves the situation on Kara 32 Drive, than it makes sense. Bili Bougiks addressed the board and wanted to know if the water pressure 33 was going to be reduced. Mr. Bougikas became heated about the boards responses, but it was apparent 34 that he did not seem to understand the looping issue. Mr. Nardella did not feel it should be part of the 35 decision. The chair summed up the water looping issues by posing and answering the following 36 questions: 37 a) Q-Does it make sense to loop the water main? A-yes. 38 b) Q-Does the Town have the capability to do it? A-yes. 39 c) Q-If the valve does not help or if it hurts, can it be shut-off? A-yes. 40 Waivers: 41 The Chair indicated that he was satisfied with the revisions. Gerry Lynn Darcy asked about the waivers. 42 A memo was presented at tonight's :meeting listing the requested waivers. This letter was received and 43 placed in the applicant's file. Rick Nardella asked about sidewalks. Mr. Hmurciak was asked to address 44 the board about the sidewalks. The DPW prefers asphalt to concrete because of maintenance costs. Items 45 one, two and three were accepted by the board. Atty Levy requested that the language be adjusted in the 46 draft decision to reflect the waivers. Bill Bougikis addressed the board again in regards to how many 47 subdivisions were approved like this one. Nardella answered his questions to his satisfaction. 48 49 Nardella motion to close the public hearing for the special permit, 2°d by Schwarz. Discussion: 50 None. Motion carries 5-0. 51 52 Nardella motion to close the public hearing for the PRD 2°d by Schwarz. Discussion: None. Motion 53 carries 5-0. 54 (3 Planning Board February 4, 2003 Page 4 of 5 1 2 9. O Gray Street/Frontage_ Exception Special Permit 3 TESTIMONY: Atty. Stella addressed the board and presented a letter dated February 3, 2003, which 4 was be added to the file. James Rand & Joe Serwatka, also representing the Stella Trust, further 5 discussed the plans with the board. Atty Stella letter submitted a letter by Joe Serwatka questioning some 6 of the comments from VHB. Serwatka addressed the VIM comments with the board. Nardella requested 7 that as a condition there would be roof drains. The Chair would like to see house placement on the plans. 8 The Planner suggested showing a building envelope and a tree-line or clearing area shown on the plans. 9 Nardella would like to see a building envelope and a tree-line. Schwarz would like to see something 10 more specific on the plans. The Chair asked Serwatka about drainage. Serwatka said crushed stone would 11 be used on both sides of the driveway to accommodate the drainage issues. PUBLIC COMMENT: Jahn 12 Fouhy, an abutter, asked the board if the lots would perk. The Applicants have not been before the Board 13 of Health for all of the lots, but they do have a letter on some of them, including lots 8 and 9. The Chair 14 requested the applicants provide letter from the Board of Health. Mark Norton, an abutter, addressed the 15 board about drainage issues and the length of the driveways. He is concerned that drainage will be an 16 issue. Rand addressed the issues. Fouhy asked questions about the driveway. The driveways would be 17 12 feet. The Chair recommended keeping the hearing open to see revised plans and revised VHB 18 comments at the next meeting. The Chair directed the new Planner to prepare a draft approval. A letter 19 was presented to the board a will be added to the file 20 21 Additional Deliberations: 22 23 10. Omnipoint.Holdin s Inc. — 1 High Street—Wireless Service Facilit Special Permit 24 Omnipoint Holdings,Inc.— 1 High Street— Site Plan Special Permit 25 Angles motion to grant the Wireless Service FacilitV Special Permit and a Site Plan Special Permit 26 to permit the installation of three panel antennae on an existing smokestack of an existing buildin 27 within the Industrial — S Zoning District and to locate base electronic equipment on the existing 28 base structure subject to the findings and conditions set forth in the draft decision 2nd by Schwarz. 29 Discussion: None. The Board voted on the motion 3-2 with Simmons An les and Schwarz voting 30 in favor and Nardella and White voting against. A special permit issued by a special permit 31 granting authority requires a vote of at least four members of a five-member board. See MGL 32 Chapter 40A, Section 9 and Section 10.3(5) of the Town of North Andover Zoning Bylaw. 33 Accordingly, the Applications for a Wireless Service Facility Special Permit and a Site Plan Special 34 Permit are hereby denied. 35 36 11. Verizon Wireless— 401 Andover Street—Wireless Service Fac!V Special Permit 37 Verizon Wireless— 401 Andover Street— Site Plan Special Permit 38 Angles motion to grant the Wireless Service Facili Special Permit and a Site Plan Special Permit 39 to permit_installation of three arrays of four panel antennas behind the parapet of an existing 40 building with equipment located within the attics ace of the structure and an emer encV, generator 41 on the rooftop behind the parapet, sub'cct to the findings and conditions set forth in the draft 42 decision, 2nd b_v Schwarz. Discussion: The Planner discussed the proposed findings of the board and 43 indicated failure to approve this decision as well as the previous decision could result in litigation. 44 Specifically, the Planner cautioned the Board to make specific findings, exclusive of health issues, on 45 which to base a denial or else the applicants might sue the Town in Federal Court for violating the Federal 46 Telecommunications Act. Nardella and White indicated that they do not believe the site is appropriate 47 and they expressed dissatisfaction with the ZBA's granting a variance. The Board voted on the motion 48 3-2 with Simmons An les and Schwarz voting in favor and Nardella and White votinji a ainst, A 49 special permit issued by a special permit granting authority requires a vote of at least four 50 members of a five-member board. See MGL Chapter 40A, Section 9 and Section 10.3(5) of the 51 Town of North Andover Zoning Bylaw. Accordingly, the Applications for a Wireless Service 52 Facili Special Permit and a Site Plan Special Permit are herebydenied. 53 Planning Board February 4, 2003 Page 5 of 5 X 2 12. Peachtree Definitive Subdivision 3 Nardella Motion to Approve the Definitive Subdivision Permit sub'ect to the findings and 4 conditions set forth in the draft decision with the modifications including waivers discussed 5 previously,2ntl_by White. Discussion:None. Motion carries 5-0. 6 7 13. Peachtree Planned Residential Special Permit $ Nardella Motion to Approve the Planned Residential Special Permit sub'ect to the findings and 9 conditions set forth in .the draft decision with the modifications including waivers discussed 10 previously,2"d bv White.Discussion:None. Motion carries 5-0. 11 12 Planning Board Business: 13 14 The new Planner stated that he would be very rigid about requiring that all applications and supplemental 15 materials are submitted on time. 16 17 U corrin Meetings: 18 February 18, 2003-John Simmons will be absent. 19 March 11, 2003 20 21 Adjourn: 22 Simons Motion to Ad'ourn 2°d by Nardella.Discussion:None. Motion carries 5-0. 23 Meeting adjourned 11:22pm f]