HomeMy WebLinkAbout2003-03-11 Planning Board Minutes 2 North Andover Planning Board V°ftj
3 Unapproved Minutes
4 March 11, 2003
5 Regular Meeting
6 'f w
7 Members Present: John Simons, Chair; Alberto Angles,Vice Chair, Rick Nardella, Clerk;
8 Felipe Schwarz; George White; James Phinney,Associate Member
9 Staff Present: J. Justin Woods, Planning Director,Debbie Wilson, Planning Assistant
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11.
12 7:05PM Meeting Called to Order by Chair:
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14 7.05PM Angles motion to go into Executive Session to discuss pending litigation with Planning Staff
15 and Town Counsel,2"d by White.Discussion:None. Motion carries 5-0.
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17 [Rick Nardella arrived at 7:09PM]
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19 7.40PM Angles motion to came out of Executive Session 2"d by Schwartz. Discussion: None,
20 Motion carries 5-0
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22 Plan Endorsements:
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24 1. 0 Gray Street Lots 8 & 9 Frontage Exception Special Permits
25 The Planner explained that he had reviewed the mylars and they were consistent with the plans approved
26 by the Board. Planning Board Members signed the Mylar's.
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28 2. 612 Salem Street Lots 11-2-Form.A-Mancusi/Smith
29 The Planner explained that he had reviewed the mylar and it was consistent with the plan approved by the
30 Board, Planning Board Members signed the Mylar's.
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32 3. 492 Sutton Street-West Side Hanger Association Site Plan Endorsement
33 The Planner explained that he had reviewed the mylars and they were consistent with the plans approved
34 by the Board. Planning Board Members signed the Mylar's.
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36 Discussion Items:
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38 4. February 4, 2003 Minutes
39 White stated that page 4, line 46 should include Nardella's name but not his. Nardella motion to accept
40 the minutes revising page 4, line 46 to strike George White and reflect that Nardella spoke alone.
41 2" by White. Discussion None. Motion carries 5-0.
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43 5. February 18, 2003 Minutes
44 Since not all the members had read the minutes, the board decided to hold off on approving the 2/18/03
45 minutes.
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47 6. Minutes Policy
48 The Planning Board would like to release only completed, approved planning board minutes. The
49 Planner reminded the Board unapproved minutes are public documents and as such, will be released as
50 unapproved minute with subsequent approvals at following meetings reflecting any changes made by vote
51 of the Planning Board.
Planning Board Minutes Page 2 of 4
March 11, 2003
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2 7. Eagle Tribune Properties-Discussion to Rezone from R4 to General Business
3 Rick Nardella addressed the board regarding a proposed retail development and pharmacy on Route 114,
4 each of which would require a rezoning proposal. The applicants have met with Board of Selectman and
5 talked about their ideas with the planning staff. Attorney Vincent Manzi, representing the proponent of
6 the project, addressed the board regarding the rezoning proposals. They would like to rezone
7 approximately 15 acres across from the Eagle Tribune from Residential 4 (R4) to General Business (GB)
8 and approximately 3 acres on the corner of 114 and Peters Street from Business 4 (B4) to GB. Pat
9 Dunsvord, VHB, addressed the traffic and presented a map of the 15-acre area. The sight is broken up
10 into two major components. There will be approximately 80,000 square feet of retail space comprised of a
11 60,000s.f. strip mall on the south side of Northmark Bank and a 20,000s.£ free-standing building on the
12 north side of the bank. Approximately 13,000s.£ is proposed on the corner of Peters Street for a CVS
13 Pharmacy. Ira Baline, Bergmeyer Assoc., addressed the board and showed the board some pictures that
14 were taken from a similar project in Acton, MA. The grading of the area requires a two-foot step between
15 buildings. Mr. Baline said that landscaping would be worked out to town specification.
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17 7.1. Parkin
18 The proponents will also be asking for relief from set back requirements for parking for this project.
19 Phinney asked how much of a set back relief they would be looking for and Mr. Baline said that they need
20 25-feet from the 50-foot setback requirement. Angles asked about the wetlands. Mr. Baline said he
21 would have to confirm it in the field. Planner added that they would need confirmation from the
22 Conservation Department. Phinney asked about overflow parking. The Planner noted that zoning requires
23 5 parking spaces per 1,000 square feet of space. Baline stated that they would like to use 4.5 spaces. The
24 Planner stated that this would require a variance from the ZBA.
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26 Manzi stated that a citizen's petition with signatures of 10 town resident will be filed with the clerk for
27 inclusion in the Town Meeting Warrant Articles. The Chair asked if the applicant had met with the
28 abutters. He wants to make sure this is done the right way. Schwarz feels that more of an effort should
29 be made to notify abutters. Ross Hamlin indicated an example of some potential tenants, Staples,
30 Talbot's, Taylor Law, Easter Mountain Sports, Pier One, and Trader Joe's. Hamlin would require a
31 minimum lease of ten years. The Chair encouraged keeping the lines of communication between the
32 Town, abutters, and the proponents open, and feels that this will go a long way ensuring that the project is
33 received in a positive manner.
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35 8. Partial Bond Release- Woodland Estates
36 The Planner noted that he had reviewed the file with DPW. He reported that Tim Willett recommends
37 releasing $5,000 from Phase 11 and $3,500 from Phase III, leaving balances of $5,000 and $2,900
38 respectively. Nardella motion to release $5,000 front Phase II and $3.500 from Phase III, leaving
39 balances of$5,000 and $2,900 respectively.2'" by Angles. Discussion:None. Motion carries 5-0.
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41 9. Bond Release- 1284 Osgood Street
42 The Planner reported that the Applicant had not yet submitted as-built plans and therefore he had
43 not yet conducted a site visit. The Planning Board took no action on the request for release.
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45 10. Partial Bond Reduction Executed Forth J Draft Form F - Forest View
46 The Planner reported the breakdown of the bonds issued to the board by the developer. Rick Nardella
47 asked about the surety bonds and expiration dates. The Planner explained that each phase of the
48 development has separate bonds and indicated the known expiration dates for the current bonds and
49 highlighted the sections of roads that were still not bonded. The Planner also informed the Board that he
50 had spoken with Attorney Johnson, who intends to submit an executed Form J and draft Form F for the
51 next meeting. Attorney Johnson requested that the Board wait and take action on these items at the same
52 time.
Planning Board Minutes Page 3 of 4
March 11, 2003
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2 11. Form A-Osgood Street/Mass Ave.
3 The Planner presented the Form A to the Planning Board members. The applicant would like to make a
4 lot line change. The Planner stated that everything appears in order. The Chair signed the Mylar plan.
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6 Public Hearings Opened by Chair Simons at 7:40PM
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8 12. Napoli Truking Site Plan Special Permit Watershed Special Permit
9 The Town Planner read a letter from the applicant's consultant to the board requesting a continuance.
10 Nardella motion to continue the hearing until March 25'" 2"d bSchwarz. Discussion: None.
11 Motion carries 5-0.
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13 Continued Public Hearings:
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15 13. Commerce Way, Car Wash Facilfty, Site Plan Special Permit
16 TESTIMONY: The Town Planner summarized VHB's and DPW's comments to the board. There are
17 still some issues that need to be addressed. These issues include water flow, traffic mitigation, and turn
18 radius. Jim Comeau, Hancock engineering feels that the traffic management issues can be addressed by
19 a traffic management plan. Schwarz asked how many cars would be at the sight at any given time.
20 Comeau stated that it would be approximately 25 cars. There is a bay for the owner to store his truck.
21 Nardella asked about the tin building. Comeau said it will be modified. Schwarz asked about the
22 timeframe for a decision. The Planner said that a decision was due on March 31, 2003 and recommended
23 granting an extension to give the applicant enough time to adequately address outstanding issues. it
24 would be fine for the March 25`h meeting date. Jim Comeau addressed the drainage issue and he
25 indicated that he has already been before the Conservation Commission. The Planner noted that the plan
26 does not provide the required 2 foot clearance to seasonal high groundwater. Comeau, does not believe they
27 are required to have a 2 foot clearance to seasonal high groundwater because it is a redevelopment project.
28 The Planner pointed out that VHB believes the drainage system will not function as designed. A letter was
29 handed out to the board at the meeting regarding storm water management and will be placed in the
30 applicants file. PUBLIC COMMENT: The chair asked for public comment. No one rose. Comeau
31 agreed to an extension to April 30 2003. The extension was signed at the meeting.
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33 14. Wallace/Saville Street Definitive Subdivision
34 TESTIMONY; The Town Planner reported that the applicants have adequately addressed all of the
35 issues previously raised by VHB and DPW. Rob Ahearn addressed the board and said they will put
36 underground utilities and make a contribution to the side walk fund. Schwarz asked to go over the
37 waivers. Ahearn said it was acceptable by the Fire Department and DPW. It is a 32-foot radius with no
38 town service. The Chair asked about water flow and if it had been addressed. The Chair wants to make
39 sure water pressure is not an issue. John Soucy, Milestone Engineering addressed the water issue and
40 said the water issue should not be an issue since there are only two houses. Nardella asked about the turn
41 around. The Planner read the letter from DPW to the board dated February 18"', which states that they are
42 satisfied with the plans. Nardella would like to wait until confirmation from DPW is obtained regarding
43 the turning radius. Nardella asked the Planner to show DPW the final plans to ensure they are all right
44 with the final plans if it should become an accepted street? Nardella would like a condition in the
45 decision to indicate that it is a private way. Angles requested that Soucy clean up the language of the
46 plans to reflect that waivers had been granted, not variances. The Planner reminded the Board that a
47 decision must be filed on this application by March 31, 2003. The Chair stated that this will be voted on
48 at the March 25"' meeting. PUBLIC COMMENT: The chair asked for public comment. No one rose.
49 Nardella motion to continue the hearing until March 25'h 2"d by Schwarz. Discussion: None.
50 Motion carries 5-0.
PIanning Board Minutes Page 4 of 4
March 11, 2003
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2 Planning Board Business:
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4 15. Planning Director's Report
5 TRC - The Planner reported that he had been working with the Fire Chief to reinstate the Technical
6 Review Committee to review projects. He provided a copy of the Memo the he jointly sent with Chief
7 Dolan to the Town Manager.
8 Residential Fire Sprinklers - The Planner explained a couple of differing opinions on whether or not
9 the Planning Board has the authority to require residential fire sprinklers systems as a condition of a
10 special permit. He reported that he was working with Chief Dolan the State Fire Chiefs Association to
11 hire an attorney to update a 10 year old legal opinion stating that the Planning Board does have the
12 authority to require residential fire sprinklers systems as a condition of a special permit.
13 Canadian Consolate - The Planner described attending the Economic Development Forum at the
14 Canadian Consul General's Office in Boston. He reported meeting Joe Tulimieri, Executive Director of
15 the Cambridge Redevelopment Authority, who suggested that a number of bio-tech firms are looking for
16 regional manufacturing space at which they could produce pharmaceuticals and other products and that
17 this may be a good use of the Lucent Facility.
18 Community Preservation Conference/Community Preservation Institute - The Planner reported
19 attending the Community Preservation Conference in Bedford, MA and receiving a scholarship to attend
20 the 10-week UMASS program at Community Preservation Institute from the Mass Executive Office of
21 Environmental Affairs.
22 FY'04 Budget — The Planner reported that the preceding night, Jack Watkins, Chair of the Finance
23 Committee informed the Board of Selectmen of the Finance Committee's unanimous recommendation
24 not to cut the Planning Assistant.
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26 Upcomigg UpcomingMeetings:
27 March 25, 2003
28 April 8, 2003
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30 16. Adiourn
31 Schwarz motion to adjourn 2nd Angles. Discussion:None. Motion carries 5-0.
32 Meeting adjourned 10:10PM
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