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HomeMy WebLinkAbout2003-04-22 Planning Board Minutes North Andover Planning Board Unapproved Minutes April 22 2003 Regular Meeting Members Present: John Simons, Chair; Alberto Angles,Vice Chair;Felipe Schwarz; "m George White; .Tames Phinney,Associate Member Members Absent: Rick Nardella,Clerk Staff Present: Justin Woods,Planning Director; Debbie Wilson, Planning Assistant; Tim Willett,DPW; Mark Rees,Town Manager 7:03PM Call to order by chair, Discussion Items: 1) Foster Farm Elementary School Louis Minicucci, Chairman of the School Building Committee, addressed the board to discuss procedural issues going forward with the Site Plan Special Permit review process. Mr. Minicucci informed the board that the Town of North Andover is number of 7 of 68 to obtain funding for the Foster Farm Elementary School project. He needs to submit all of the plans to the state for pre-approval. He would like to request the Planning Boards support so they can proceed with the state application process. Rick Rice, DiNisco Design, would like to submit preliminary plans to VHB prior to filing with the Board. They would like to have everything submitted by June 29th for the construction funding and have the design phase complete. Mr. Rice stated that they must begin construction within 12 months of funding to begin receiving reimbursement. White asked what they wanted from the Planning Board tonight. Mr. Rice permission to set up an engineering account with the Planning Department for VHB review and would like to use a purchase order in lieu of an escrow account. Mr. Minicucci states that they need to own the land, have approved plans and be able to obtain funding. The Planner stated that they should proceed with the application process so that they would have everything in order for the State deadline. The board needs no further information at this time. [Felipe Schwartz arrived at 7:16PM] 2) Article 3.Authorization to Accept Grants of Easements To see if'the Town will vote to authorize the Board of Selectmen and the School Committee to accept grants of easements for water, drainage, sewer; roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; or take any other action relative thereto. The Board of Selectmen and Planner recommended favorable action. The Chair doesnot feel there is enough information to make a recommendation on this Article at this time. 3) Article 4. Authorization to Grant Easements To see if the Town will vote to authorize the Board of Selectmen and the School Committee to grant easements for water, drainage, sewer, roadway and utility purposes on terms and conditions the Board and Committee deem in the best interest of the Town; or take any other action relative thereto. The Board of Selectmen and Planner recommended favorable action. The Chair does not feel there is enough information to make a recommendation on this Article at this time. 4) Article 13. Capital Improvement Plan Appropriation Fiscal.Year 2004. To see if the Town will vote to raise and appropriate, transfer from available funds, or money necessary to fund the Town Capital Improvement Program; or take any other action relative thereto. Tim Willett,DPW,presented the CIP items to the Board. [James Phinney arrived at 7:25PM] Unapproved Planning Board Minutes Page 2 of S April 22, 2003 4.1) Roadways Improvements Willett described the project to reconstruct, repave, install drainage and provide legal work on Adams and Summit Streets at a cost of$204,000 from the FY2004 General Fund. The Chair asked how the projects were selected and if there were additional graphics depicting the projects so that they could be well publicized. Willett said that Summit Street and Adams Street were selected based on Merrimack Valley Planning Commission traffic study that indicated the poor condition of these roadways. Willett noted that the roadways have deteriorated over the last nine years due to a lack of appropriations and that these projects are consistent with the master plan goal for systematically addressing road maintenance and construction. 4.2) Drainage Improvements Willett described the project to construct drainage improvements identified in the Mosquito Brook Hydrology Report at a cost of$100,000 from the FY2004 General Fund. Angles asked if there were any sidewalks included on these streets. There are no sidewalks in the Mosquito Brook area and property around Winter Street has experienced severe flooding. VHB has taken a look at this and feels this area needs to be addressed. The Chair suggested the builder, David Kindred, should take some responsibility and we should be hitting him up for some money to solve this problem. 4.3) Sidewalk Construction Willett described the sidewalk construction project from Dale to Marbleridge will be used from the sidewalk fund. There is approximately $65,000 to be used from the sidewalk fund. The Chair asked that some trees should be saved if possible. 4.4) Water Main Rehab Willett described the rehab of old unlined cast iron water mains to the installation of new mains in areas without fire protection at a cost of$1,150,000 from the Water Fund. This project is a continuation of the ongoing replacement of inadequate water main infrastructure. The locations targeted for replacement in FY2004 are Bradford Street, Peters Street, 200 feet of Brewster, Wilson Rd, Catoit St, Farnum St, Highland Terrace and Wood Lane. 4.5) Sutton Hill High Service Area The Sutton Hill high service area will run a higher water main in the area of Chestnut and Sutton Streets. It increases water pressure and the cost is 250,000 for FY04. Upgrade water pressure from Andover to North Andover for 250,000 to help get water in times of crisis. Angles asked if Andover had to pay anything and Mr. Willett said he did not think so. 4.6) Sewer System Extension Lastly, Willett described a sewer extension project in the watershed area on Dales Street. Sewer enterprise fund supports 20% of the project. Angles asked if it was being built with future expansion in mind and Mr. Willett believes that they are just filling in gaps in this area. 5) Article 14.New North Andover Elements School—Foster Farm Site—Boxford Street. To see if the Town will vote to raise and appropriate the sum of$35,000,000 for constructing, originally equipping and furnishing a new elementary school, including any necessary additional architectural services, construction management services, demolition and site improvements, such school to be built at the Foster Farm site on Boxford Street. And whether to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is authorized to borrow $35,000,000 under Chapter 44 of the General Laws and under Chapter 70B of the General Laws, as amended: That this appropriation be expended under the jurisdiction of the School Building Committee, which shall be authorized to take any other action necessary to carry out this project; Provided, however, that no expenditure shall be made and no debt may be incurred udder this vote until the State Board of Education approves a school facilities or other similar grant at a reimbursement rate equal to at least 54.00 percent of the eligible �r Unapproved Planning Board Minutes Page 3 of 8 April 22, 2003 costs of the project; Provided, however, that no expenditure shall be made and no debt incurred under this vote until the actual enrollment for grade 1 through 5 totals at least 1,925 students as submitted in the School Department's official enrollment report to the State; And that the Board of Selectmen is authorized to petition the General Court for an act to authorize the capitalization of interest during construction of the school project; or take any other action relative thereto. The Board of Selectmen j and Planner recommended favorable action. The Board did not feel that they needed to make a recommendation on this Article. 1 6) Article 18. Funding Phase 11_Stormwater Regulations. To see if the Town will vote to raise and appropriate the sum of$40,000 for the purpose of continued compliance with the Environmental Protection Agency's Phase 11 Stormwater Regulations to be spent under the direction of the Town Manager; or take any other action relative thereto. The Board of Selectmen and Planner recommended favorable action. Willett explained that this was the first of five appropriations needed to implement the federally mandated program. The Planner briefly explained the requirements of the NPDES under the Clean Water Act. Discussion items to be continued after public hearings. Continued Public Hearings: 7) 211 South Bradford Street Watershed S ecial Permit Dick Doherty, Hancock Engineering, is here to represent the applicant. He indicated that the applicant has made all of the changes that had been recommended. Angles asked to show where the change would be in regards to the no build area. It was stated it would be 50ft. No further engineering questions at this time. The Planner addressed the board and indicated that the plans have been revised in accordance with Staff and VHB recommendations. The Planner recommends closing the hearing and drafting a decision for the May 6, 2003 Planning Board meeting. Angles Motion to close the public hearing_regarding 211 Bradford Street, Watershed Special Permit, 2°a b_y Schwarz. Discussion, None. Motion Carries 5-0. Warrant Articles 8:00PM: 8) Article 25. Amend Zoning Map Rezone Portion of Turnpike Street - 642 Turn ike Street - From Residential Three R3 to Village Commercial (VC). Petition of Donald A. Crescitelli and others. To see if the Town will vote to amend the Zoning Map of the Town of North Andover by rezoning the following parcel of land from Residential Three (R3) to Village Commercial(VC). Said parcel of land is shown on Assessor's Map 98D, Parcel 37. Said land to be rezoned consists of approximately 13,013 square feet; or to take any other action relative thereto. The Planner recommends unfavorable action as the project would create a lot in violation of the dimensional requirements for VC. The Chair asked if anyone was present in the audience to speak about this article and there was not. The Planner addressed the board about this article. He indicated that the applicant would like this rezoned to a non- conforming use. The owner of this property previously addressed the board and it was stated that they did not feel that Village Commercial was appropriate for this property. The Chair would like to continue working with the applicant to create the overlay to solve his problem solution. 9) Article 26. Amend Zoning Map- Portion of Route 114- Turnpike Street Across from Eagle_Tribune Pro e -Assessor's Map 24 Parcel 16 Assessor's Map 24 Parcel 17 and Assessor's Map 27 Parcel 22 From Residential 4(R4)to General Business(GB).Petition of William J. Cunningham and others To see if the Town will vote to amend the Zoning Map of the Town of North Andover for the following parcels along Rt. 114 from Residential 4 (R4) to General Business (GB): Map 24 Parcel 16, Map 24 Parcel 17 and Map 27 Parcel 22 containing 14.496 acres more or less. The Board of Selectmen and Unapproved Planning Board Minutes Page 4 of 8 April 22, 2003 Planner recommended favorable action. Attorney Manzi addressed the board about the 114 projects. Patrick Danford, VHB addressed the board about the project. He presented an aerial photo and discussed the proposed project in the area. He is in the process of having an updated traffic study done. He discussed the access within the project, which would allow for fewer driveways in and out of the project. He is working with Mass Highway for the traffic study and estimated that there currently are over 30,000 cars a day. Based on the traffic study, he found that the other three signals are not coordinated and that a new signal light and coordination will help with the traffic flow. A right turn in would be appropriate for this area. The end of the driveway would also be a right turn in only. This project would not require any land takings or create anything adverse for the surrounding properties. Public comment: Graydon McCormick, 72 Turnpike Street presented signatures of 37 residents opposed to changing the zoning and stated that this project would add too many cars to the neighborhood and worsen the already existing traffic situation. William McDougall, Waverly Road addressed the board as to when the traffic study was done. It as indicated that this was done in the fall and then checked again a few weeks ago. McDougall stated that he has been in the area for 4 year and he feels that the traffic light would make matters worse due to the hill in the area and cause further traffic problems. He feels that the area would have to be widened. The Chair indicated that the board is only here to address the issue of the rezoning. Dunford from VHB feels that if they work with Mass highway then the traffic issues will be addressed. Howard Wilkins, 47 Turnpike Street purchased his home last year. His home directly sits next to this project. He stated that his wife has asthma and the car fumes may bother her since their property line is approximately 5 feet from the proposed Staples building. Bryan Ricketson, 56 Turnpike Street addressed the board about the traffic and not increasing the lanes on the road. He feels it is unfair to the abutters just to benefit the town and residents that do not live in the area. Dunford said they would be adding one lane. Mass highway design standards would help design the roadway by three to four feet closer to the property lines. Mr. Dickerson indicated that there would be more noise due to the trucks and entering and exiting the area and he does not support this project. The Chair asked if Mass highway would be involved if it were a 35-house sub division. Dunford said not to the same level they are with a commercial development. Mr. McCormick feels that there is a lot of traffic no matter what is done to this area, but a housing development would be less noisy since there are no tractor- trailers. Sam Ameen Sr., Coventry Lane addressed the board and feels that it will increase the tax base to our community and indicated he feels that it is a positive benefit and enhance the area. Ira Beline, Architect for the project discussed the tenant mix for the development. He feels that this would be a pedestrian friendly development. Beline said all shops are accessible to each other and nicely landscaped. He described the Eastern end of the development. The site is stepping down a couple feet at a time to give it a better townscape feel. Signs and lighting would be controlled so that there is a limitation as to what tenants could put on their buildings. Parking will be right up in front of the storefronts for convenience. The stores would be soft goods, Talbot's, Trader .foe's, Pier 1, Family style restaurant etc. The proposed open space area would be left as an open space. Mr. McDougall asked about the economy and how could they guarantee the retailers would fill up the spaces. He feels there are already too many empty buildings in North Andover. Roseann Ricketson addressed the board about Mass Ave. being used as a diversion and increasing traffic in the area. Mr. McCormick asked if they had any definite leases. The answer was no, not yet. Mr. Minicucci discussed the covenants in regards to this project. He is willing to discuss this fitrther with the Town attorney and the Town Planner. Phinney addressed the board and the alternative routes that people may take since the project may create a diversion to other streets in the area. Phinney would like to see a traffic study that includes other alternative routes. Angles asked about the financial impact of changing the zoning to business. The Planner indicates that the commercial property generates more revenue than residential property and costs the town less in services. The Board would like the applicant to find out and let the board know about the potential revenue increase to the town. Schwarz asked about the lights and the signals. The applicant said they would be in touch with Mass highway to coordinate this. Simons is concerned with the Staples project. Schwarz indicated that this would have to go before site plan review. Simons would like more consideration for the Staples project. The Town Manager addressed the board and indicated the selectman fully supported this project and it would be beneficial to help increase the tax revenue for the town. Mr. Rowen addressed the board as to the size of Unapproved Planning Board Minutes Page 5 of 8 April 22, 2003 this project and if it was comparable to the Butcher Boy shopping area. He wants to know about the nighttime traffic study. Dunnford said that there are about three to four cars per minute. Bernice Fink, Turnpike Street asked the board that how can they guarantee that they will get what is presented today and not something less and why are we not considering Village Commercial instead of GB? Simons indicated that it was the parking in the front of the building that warrants a change to GB. Mr. Ricketson asked about the Commercial areas and the over all plan of spot zoning. Mrs. Ricketson addressed the board about the Staples and how she feels it interfering with the houses and their view of this new building. The Chair indicated that the Board would likely continue this matter to the May G"' meeting later this evening. 10)Article 27. Amend Zoning Mgp- Portion of Route 114 Turnpike Street Ad'acent to United Methodist Church-Assessor's Map 24 Parcel 81 from Business Four B4 to General Business (QB). Petition of William J. Cunningham and others To see if the Town will vote to amend the Zoning Map of the Town of North Andover-Portion of Route 114 (Turnpike Street) Assessor's Map 24 Parcel 81 from Business Four (B4) to General Business (GB), more specifically, Route 114, Map 24, Parcel 82, containing 2.858 acres more or less. The Board of Selectmen and Planner recommended favorable action. Patrick Dunford from VHB addressed the board and presented plans about the potential CVS and the commercial area across the street from the other proposed 114 project. Mrs. Dickerson, an abutter feels there are too many CVS's in the area and by allowing this new one it would cause another one to close creating another vacant building. Dunford is preparing a restricted right turn only to help with traffic flow in the area. He indicated a prescription pick- up window would be an added feature. Simons indicated that there should be a design standard presented to the board. Dunford presented a design of the building, which indicated what the building could potentially look like. The planner asked if the building was a brick front and Dunford responded affirmatively. The Chair indicated that he would have to see a better design standard or he will vote no. Simons suggested that they take a look at Brooks as a design suggestion. The proponents offered to get an alternative design plan before the next meeting. Schwarz asked why they are re-zoning and the Planner stated that re-zoning allows 100%retail. Phinney asked about how much of the building would be seen from the street. Dunford indicated it that it is a three-sided sight. 11) Article 28. Creation of Residential Re-Use Overlay District. To see if the Town will vote to amend Section 8.12 of the Zoning Bylaw for the Town of North Andover by establishing an overlay district ;or take any other action relative thereto. The Board of Selectmen Recommended Take No Action and the Planner recommended withdrawing,the article. 12) Article 29. Amend Zoning Ma — Assessor Mpp 35 Lot 50 — 1003 Osgood Street from \Residential One(R-1)to Business Two(B2). Petition of Louis P. Minicucci,Jr. To see if the Town will vote to rezone the herein described parcel of land from Residential One (R-1) to Business Two (B-2). The subject parcel is identified on the North Andover Assessor's Map 35, Lot 50, and further known as 1003 Osgood Street, North Andover Massachusetts. The subject property being generally as shown on the plan entitled "1003 Osgood Street—Existing Conditions Plan"dated August 8, 2002, scale 1"=20'prepared by 1YIHF Design Consultants'Inc. a copy of which is on file in the office of the Town Clerk; or take any other action relative thereto. The Board of Selectmen recommended favorable action and the Planner recommends favorable action with restrictive covenants on uses. Chris Huntress, Huntress Associates, addressed the board about the change in use to R-1 to B2. The applicant would like to renovate the barn and home, but preserve the actual building. The restricted covenants have been presented to the board. There would be four rental apartments with one being for low- income housing. Mr. Minicucci also stated that it is his intent to restore the building facades. Schwarz would like to be sure that they preserve the-buildings structure. Huntress indicated that only 10% would be added to the building in regard to adding space. Simons indicated that he liked the building as it appears and what guarantee do they have that he will preserve the historic structure of the building. Mr. Minicucci indicated that he is getting a tax credit under the historic renovation program. Huntress Unapproved Planning Board Minutes Page 6 of 8 April 22, 2003 discussed the soccer field. Schwarz asked about sprinklers and it was stated that there were presently no plans to sprinkler the field. Mr. Rowen indicated that the mixed use would be good for this area. The Chair would like the covenants to be verified by town counsel. The Planner indicated that he would have the covenants forwarded to Town Counsel for review. i 13) Article.30. Inclusion in Residential Re-Use Overlay District — Assessor's Map 35, Lot 50 — 1003 Osgood Street. Petition of Louis P. Minicucci, Jr. To see if the Town will vote to include the herein described parcel of land in the Residential Re-Use Overlay District. The subject parcel is identified on the North Andover Assessor's Map 35, Lot 50, and further known as 1003 Osgood Street, North Andover Massachusetts. The subject property being generally as shown on the plan entitled "1003 Osgood Street—Existing Conditions Plan" dated August 8, 2002, scale 1"-20'prepared by AW Design Consultants, Inc., a copy ofwhich is on file in the office of the Town Clerk; or take any other action relative thereto. The Board of Selectmen Recommended Take No Action. The Planner noted that this article is moot if the Board withdraws article 28. 14) Article_31. Amend Zoning Map— Sharpners Pond Road-Off Route 114 -Future Ice Rink. To see if the Town will vote to authorize the Board of Selectmen to amend the North Andover Zoning Map by rezoning the following parcel of land from Industrial 3 (13) Zoning District and establishing the same as an Industrial 1 (11) Zoning District: A parcel of land located on the north side of Sharpeners Pond Road, beginning at a point located 438.03'east of the intersection of Sharpeners Pond Road and Route 114, at a point on the north side of Sharpeners Pond Road. The Board of Selectmen and Planner recommended favorable action. The Planner addressed the board and has spoken to the Town Manager. The Town Manager said that who ever over purchases the land will be required to construct an ice rink and waive fee's for the high school hockey team. The Chair asked if the land was being given away or would there be a fee charged? The Planner said the ice rink operator would have to purchase the land. The Chair asked if they had looked in to other uses for this land. The Planner did not know. Public comment: Mr. Rowen addressed the board and indicated that it would only be suitable as a rink. The Chair requested that the planner have someone present this article to the board at its next meeting. The other board members concurred that they needed additional information. 15) Article 33. Amend Zonin B law Section 8.7 -Growth Man ement. To see if the Town will vote to amend Section 8.7.2 (c) Growth Management Bylaw of the North Andover Zoning Bylaw so as to extend the expiration date from July 1, 2003 to July 1, 2004. The Planner recommends favorable action. The Planner addressed the board about the Growth Management article, The Chair feels they need to come in with a unified approach. Schwarz feels that the town should study this further. Simons would like to continue this discussion at the next meeting when Rick Nardella is present. Discussion Items Continued: 16) Article 23. Appropriations-Community Preservation Fund. To see if the Town will vote to raise, borrow and/or appropriate from the Community Preservation Fund, in accordance with the provisions of Massachusetts General Laws Chapter 44B, a sum of money to be spent under the direction of the Community Preservation Committee; or take any other action relative thereto. The Board of Selectmen and Planner recommended favorable action. The Chair presented the town common and restoration project. The town received a 75,000 grant for a high quality restoration project for the common. This will include a landscape buffer. Phinney asked about a bandstand and Schwarz said if they did it would be a portable one. Schwartz indicated that they are putting in a politically correct path. Schwartz discussed Drummond Field and removing the lights and putting in new safety lights. The Chair asked the Planner to email out the complete appropriations for CPA to the other Board members so that they can discuss them at the next meeting. T � Unapproved Planning Board Minutes Page 7 of 8 April 22, 2003 17) Article_24_Land Transfer — 922 Dale Street— McCarthy Property. Petition of Joseph W. McCarthx and others To see if the Town will vote to authorize a petition to the Massachusetts Legislature requesting that the Town be given the authority to make a discontinuance of a portion of Dale Street abutting the property owned by Joseph W. and Sharon P. McCarthy at 922 Dale Street,Assessor's Map 104A, Parcel 61, which is currently under the ownership and control of the Commonwealth of Massachusetts, containing approximately 21,984 square feet of land, as shown on a `Plan of Land, 922 Dale Street, North Andover, MA, prepared far Joseph McCarthy" which is on file with the Town Clerk's office, on such terms and conditions as the Selectmen deem to be in the best interest of the Town; or take any other action relative thereto. The Board of Selectmen recommended favorable action. The Planner addressed the board about the land transfer and indicated that the sale is to provide the petitioners with the 5 acres they need to keep horses. The Town Manager explained that the state owns this land and if it passes at town meeting they would like to use the land for their horses. The Chair asked if it was a piece of land that was actually on Dales Street. The Chair would not like to see that the land further subdivided and wanted to know what provisions would be made so that this does not happen. The Chair would like the McCarthy's to come before the Planning board and explain their position. 18) Article 32. Authorization to Sell Land for Ice Rink Facili1y located on Sharpeners Pond Rd. To see if the Town will vote to authorize the Board of Selectmen to sell through the land disposition process prescribed in Massachusetts General Laws Chapter 30B§16, on terms and conditions deemed by the Board of Selectmen to be in the best interest of the Town including use of the property as an ice rink facility that certain parcel of land. The Board of Selectmen, Finance Committee, and PLanner recommended favorable action. The Chair requested that the planner obtain some clarification and a get someone to make a presentation on this article. 19) Article 34. Authorization to Lease Stevens Estate at Osgood Hill. To see if the Town will vote to authorize the Board of Selectmen to seek proposals for, negotiate and thereafter enter into a long-term lease of the Stevens Estate at Osgood Hill, such lease to have an original term not to exceed forty(40)years with one or more option periods not to exceed an additional fifteen (I5 years), subject to the agreement by the lessee to complete an event facility, conference center, bed and breakfast, exhibit space for recreational and other public purposes, all to be on such terms and conditions as shall be delineated and approved by the Board of Selectmen; or take any other action relative thereto. The Board did not feel that they needed to.make a recommendation on this Article. 20) Article 35. Authorization Massachusetts Electric Utili1y Easement — Foster Street. Petition of Paul V. Davis and others To see if the Town of North Andover will vote to authorize the Board of Selectmen and Conservation Commission to grant a utility easement,for guys and anchors, to Massachusetts Electric Company on land located off Foster Street shown on Assessor's Map 104D as Lot 43, with the easement being shown on a plan described as "Sketch showing proposed guys and anchors to be installed on private property owned by the Town of North Andover off Foster Street, North Andover, MA; Plan #044-02-14", which is on file with the Town Clerk's office on such terms as the Selectmen and Conservation Commission deem to be in the best interest of the Town of North Andover and authorize a petition to the Massachusetts Legislature far special legislation to accomplish the foregoing; or take any other action relative thereto. The Chair requested that the planner obtain some clarification and a get someone to make a presentation on this article. 21) Article 37. Re ort.of the Special Committee on Beaver Issues. To see if the Town will vote to receive the report of the special committee to study beaver issues as established by vote on Article 24 of the 2002 Annual Town Meeting; or take any other action relative thereto. The Chair did not understand why the Board was being asked to make a recommendation about Unapproved Planning Board Minutes Page 8 of 8 April 22, 2003 the Special Committee on Beaver issues. The Board did not feel that they needed to make a recommendation on this Article. White motion to continue the public hearing on all of the warrant articles until Ma 6th2nd b u --y , -y Schwarz.Discussion:None. Motion carries: 5-0. Schwarz, motion by to Adiourn,2"d b An les.Discussion:None. Motion carries: 5-0. Meeting Adjourned 10:17PM.