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HomeMy WebLinkAbout2003-05-06 Planning Board Minutes I North Andover Planning; Board 2 Unapproved Minutes 3 May 6, 2403 4 Regular Meeting 5 6 Members Present: John Simons, Chair; Alberto Angles, Vice Chair, Rick Nardella, Cler , ped' 7 Schwarz; George White;James Phinney,Associate.Member � y�0 8 Members Absent: 9 Staff Present: J. Justin.Woods,Planning Director;Debbie Wilson,Planning Assistant; 10 Mark Rees,Town Manager;Jack Sullivan,Engineering Director ' 12 7:13PM Meeting called to order by Chair(White and.Phinney also present). 13 The Chair indicated that the Board would be waiting for a fourth member before proceeding with the meeting. 14 The Board recessed for about 15 minutes. 15 [Schwarz arrived at 7:30PM] 16 The Chair informed the audience that the Board would be taking items out of the order listed on the Agenda. 17 He stated that the Board would hear the continued public hearing on Article 31 and have a discussion on Arti- 18 cle 32 because they had not yet seen a presentation on these two articles. 19 20 Public Hearing&Discussion Item: 21 22 1) Article 31.Amend Zoning Map—Sharpners Pond Road- Off Route 114-Future lee Rink.& 23 2) Article 32.Authorization to Sell Land for Ice Rink Facility located on Sharpners Pond Rd. 24 The Planner gave a brief introduction and recommended that the board make favorable recommendation on 25 both articles. The Town Manager addressed the board and indicated that the youth hockey requested that the 26 town donate some land to the organization for the construction of a hockey rink. The town researched a few 27 different options and the Board of Selectman suggested that they sell the land and as part of the agreement in- 28 clude free ice time for the high school team and preferred ice time for youth hockey. The town would benefit 29 from the sale of the land and from the annual tax revenue generated. He stated that the proposal is located ap- 30 propriately as it abuts other recreational lands. [Nardella arrived at 7:45PM] 31 32 The Town Manager feels the proposal is consistent with improving recreational opportunities for the town, 33 especially in light of the diminishing availability of Merrimack College ice time for youth and high school 34 hockey players. Merrimack Engineering Services performed the site survey pro Bono. Attorney Paul Hed- 3 5 strum addressed the board and stated that under the 1-3 Zone, there was a 10 acre minimum to develop the site 36 for a hockey rink, but allowing the rezoning would permit the facility to be built utilizing only 5 acres. Hed- 37 strom also noted that 1-1 is less intensive than 1-3. Schwarz asked if the zoning changes were on behalf of the 38 town or Youth Hockey. The Town Manager said that both parties will benefit from the zoning change, but it is 39 Town owned land. White asked about the abutting property and Mr. Hedstrom stated that there is a soccer 40 field on the abutting land. Schwarz asked when the site plan process would take place. Mr. Hedstrom re- 41 sponded after town meeting and after the RFP process was complete. They would also need to file for an ANR 42 lot within the survey parameters approved by Town Meeting, The Chair asked about the economics of the pro- 43 ject. Phinney asked if there is any merit to sell it at market value. The Town Manager said that it would be 44 sold at market rate for an ice rink and that it will benefit the Town to have an ice rink. The Chair asked if an 45 appraisal would be done on this project. The answer is yes. Given the proximity to other town-owned recrea- 46 tion lands,the Town Manager stated that a recreation use is the highest and best use for this land. White asked 47 how long the 30b process would take. The Town Manager explained that the "Town will have to advertise it 48 twice and then have the selection committee review the proposals. This could take anywhere from 65-90 days. 49 The Chair indicated that he feels that they need to get full value for their money since it could out way the cost 50 of ice time. PUBLIC COMMENT: John Casey asked if there would be a covenant to assure that this area 51 was used as an ice rink only. The Planner noted that the Warrant Article #32 would authorize the Board of 52 Selectmen to sell the land for the use of an ice rink. Peter Aziz said it is difficult getting ice time and he feels 53 it would help the school hockey teams. The Planner added that the City of Lowell contributed to the develop- 54 ment of the Paul Tsongas Arena and Lowell High School now plays there. Nardella motion to recommend 55 favorable action on Article 31 to Amend the Zoning Map to rezone Town property on Sharpners � ( a F Unapproved Planning Board Minutes Page 2 of 7 May 6, 2003 1 Pond Road from I-3 to I-1 2°d b_V Schwarz. Discussion:None. Motion carries 5-0. Nardella motion to 2 recommend favorable action on Article 32 to Authorize the Board of Selectmen to sell Town properton 3 Shar per's Food Road for an lee Facility,2" by Schwarz. Discussion:None. Motion carries 5-0. 4 5 The Planner recommended to the Chair that since the Board has not yet seen a presentation on Article 35 and 6 Article 24, that the Board proceed with the discussing those two articles and then move on to the continued 7 public hearings followed by the remaining discussion items. 8 9 Continued Warrant Discussion Items: 10 11 3) Article 35.Authorization Massachusetts Electric Utilfty Easement—Foster Street. 12 Kevin Kelly, Mass Electric Business Service Development Employee was here to answer questions about 13 the Foster Street easement. He explained that since the lines cross conservation land, it needs approval from 14 the town for 8 anchors and guy wires. Nardella asked how much closer the poles are to the street? Mr. Kelly 15 was not sure, but indicated they followed the pole line. The easement is for the anchors and the guide wires. 16 Nardella feels they are closer and not adjacent to the existing poles. Schwarz asked what license premises 17 means. It means they have the right to place that pole. Nardella asked if DPW had seen those poles since they 18 are close to the driving area, potentially creating a traffic hazard. It was determined in December that these 19 poles would be put in. White asked who allowed them to put in these poles. The Planner stated that he and 20 Schwarz were both present at the Board of Selectmen's meeting when they approved the placement of the 21 poles. Kelly stated that they went forward without authorization due to the need more reliable service in that 22 area. Kelly explained that they have a dune 1 deadline to get the subsystem up and running. Schwarz asked 23 how the Board of Selectman determines where the poles are placed. Kelly stated they receive a map from Mass 24 highway. Nardella would like DPW to look at the area. The Chair asked if they would work with DPW to 25 get as some comments so that the Board could make a recommendation at Town Meeting. 26 27 4) Article 24.Land Transfer—922 Dale Street—McCarthyPropeqy. 28 The Planner gave a brief introduction of the project based on his conversation with Town Counsel. It is his 29 understanding that Mr.McCarthy has 4.7 acres of land and needs and additional .3 acres so he can have horses. 30 The land in question was formerly owned by the County. When the County was dissolved, the land reverted to 31 state ownership, which requires a petition to the legislature. The Planner recommended that the board make 32 favorable recommendation on this article. The Planner then introduced Jack Sullivan, the Town's new En- 33 gineering Director. The Engineering Director indicated that Mr. McCarthy Iives at 922 Dates Street and 34 would like to change his use to agricultural use by having the additional land. This is the first step in a lengthy 35 process. The next step is to proceed to the State Legislature. It was county land, but the town still has to au- 36 thorize its use with the abandonment. The Engineering Director supports Mr. McCarthy's petition and asked 37 that the board consider his recommendation. The Chair wants a provision or deed restriction that the land can- 38 not be subdivided. Mr. McCarthy is not opposed to this restriction. The Engineering Director added that ad- 39 ditional survey work will need to occur and the Town will retain a Right of Way or easement over a portion of 40 the land. Nardella motion to recommend favorable action on Article 24 provided that the petitionerpro- 41 vide a deed restriction that the land cannot be subdivided for agV other use. 2 Id bLy Schwarz. Discus- 42 Sion:None. Motion carries 5-0. 43 44 [Angles arrived at 8:18PM] 45 Continued Public Hearings on Warrant Articles: 46 47 5) Article 25.Amend Zoning Map Rezone Portion of Turnpike Street—642 Turn ike Street— 48 From Residential Three R3 to Villapp,Commercial(VC). 49 The Planner noted that the Petitioner was not present. He reminded the Board that they had previously dis- 50 cussed this issue and that the lot does not meet the dimensional requirements for the requested zone. The 51 planner recommended that the Planning Board recommend unfavorable action on the Article 25. Nardella 52 motion to recommend unfavorable action on Article 25. 2"d b Schwarz. Discussion: None. Motion 53 carries 5-0. 54 55 Unapproved Planning Board Minutes Page 3 of 7 May 6, 2003 1 6) Article 26. Amend Zoning Mn-Portion of Route 114-Turnpike Street Across from Ea le 2 Tribune Pro e — Assessor's Map 24 Parcel lb Assessor's Map 24 Parcel 17 and Assessor's Map 27 3 Parcel 22 From Residential 4 (R4)to General Business(GBZ 4 The Planner briefly recapped that the Board had requested the applicant provide more detailed drawings for the 5 proposed Staples building and prepare a draft of the proposed covenants. Attorney Vincent Manzi addressed 6 the board regarding the 114 project and the covenants of certain uses in regards to the buildings. Ira Baline 7 addressed the board regarding the Staples proposal with a right turn in only. Nardella asked if you could drive 8 through the sight. The answer is yes. Nardella asked if they could move the building closer to the road and f 9 loose some parking spaces. Baline answered that zoning requires 5 cars per thousand. The Chair asked about 10 the headlights and how they would impact the houses across the street. Ross Hamlin has spoken to the 11 neighbors and has agreed to landscape across the street from the project at their homes to provide an additional 12 landscape buffer. Attorney Manzi addressed the covenants, which the Board requested include development 13 design criteria. This draft was distributed at the meeting. Part of the restrictions would include a Funeral Par- 14 lar and Car repair shop. The Planner stated that while this document should be reviewed by Town Counsel, he 15 feels it is substantial enough to protect the Town from a bait and switch by the developer. The Planner rec- 16 ommended that board make a favorable recommendation on Article 26. PUBLIC COMMENT: Grayden 17 McCormick addressed the board in regard to the frontage issue and he said nobody has approached him. Mr. 18 McCormick felt he would be loosing some of his land. Nardella asked if they have spoke to Mass Highway 19 and it was stated that they are in the preliminary stages. Angles asked if they will need a temporary easement 20 and he said no. Mr. McCormick is concerned about traffic issues this development would create, feels there is 21 no benefit to the neighbors, that there may be a better use for this area, and noted that he does not support this 22 project. Tony Royal is here with his mother who is an abutter and he feels this will reduce the value of his 23 Mothers well maintained home that abuts this project. They have restored this home and want to maintain 24 their privacy. Mr. Royal showed the board a beautiful picture of his Mothers home. Mr. Royal feels a restau- 25 rant would ruin her privacy and create problems in the area, Mr. Royal addressed the board in regard to inade- 26 quate screening behind his mother's house. The Town Planner noted that if the zoning change is approved, 27 there are a number of ways to mitigate abutter impact by making site improvements and providing additional 28 screening. These are issues the Board will look at during the site plan review process. Schwarz feels that this 29 is a good start, but he would like to see some major changes to help the abutters. The Chair explained the dif- 30 ficulty trying to balance the need for commercial development with the needs of neighbors. Mr. Fink ad- 31 dressed the board in regards to the rezoning and feels that this is an appropriate area for some type of business. 32 He feels this is the incorrect zoning for this area. Simons indicated that the covenant would protect this. Mr. 33 Fink suggested rezoning the entire area to Village Commercial. Howard Wilkins, 47 Turnpike Street, is 34 concerned that the staples building is too high and should be the same size as the entire project. The Planner 35 indicated that buildings are about the same height, but that the drawings are at different scales. Susan Halt- 36 coyer stated that further developing this area would make sense to bring some new tax money to the town. The 37 Town Manager addressed the board about the benefit of commercial development compared to a residential 38 development or a 40B project. Mr. Hamlin discussed residential verses commercial use and passed out a form 39 to the board members to show the cost effectiveness of this project to the Town. Mr. Royal stated that he is a 40 civil engineer and feels that the proposed traffic improvements on 114 will make 125 worse. The Chair ques- 41 tioned some of the assumptions in the economic analysis and suggested that it be fine tuned before town meet- 42 ing, Angles asked that the less subjective design criteria be part of the covenant. Nardella motion to make a 43 favorable recommendation on Article 26 with the provision that the covenants be worked out prior to 44 Town Meeting. 2 Id by Angles. Discussion: An es asked if the land would all developed be as one lot or all 45 se crate lots. The Chair indicated that one of the covenants should require the lot to be developed as a single 46 lot. Motion carries 5-0 47 48 7) Article 27. Amend Zoning Map-Portion of Route 114 Turnpike Street Adjacent to United 49 Methodist Church-Assessor's Map 24 Parcel 81 from Business Four B4 to General Business(GB). 50 The Planner briefly recapped that the Board had requested that the applicant provide more creative drawings 51 for.the proposed CVS building and prepare a draft of the proposed covenants. Ira Baline presented the CVS 52 building design and feels he has addressed the design issues that the board requested at its last meeting. The 53 Planner clarified that this lot is already zoned for business use, but the proponent would like to change the zon- 54 ing so a CVS could be put in this area. Schwarz said he wants a design covenant to protect the area from just 55 being a large box. Vincent Manzi presented the board with proposed covenant. The Planner indicated that F { Unapproved Planning Board Minutes Page 4 of 7 May 6, 2003 1 this document should be reviewed by Town Counsel. However, he feels that it is substantial enough to protect 2 the Town from a bait and switch by the developer and that the draft design criteria section for this project is 3 much better than the other project. The Planner recommended that board make a favorable recommendation 4 on Article 27. PUBLIC COMMENT: Mrs. Royal addressed the board about the large maple tree. She feels 5 it should stay on the property and not be taken down. Mr. Fink addressed the board about the zoning of this 6 area and why it was being changed if it was already business. The planner indicated that for the type of use 7 they need the zoning needs to be changed. Nardella addressed the board bout the Eagle Tribune properties 8 owning the land and not selling the land. Nardella asked why the Tribune would not sell this land and what 9 happens when the lease expires? He feels they are keeping the property for another reason, not yet disclosed. 10 Ross Hamlin stated that this concern is not likely since CVS will have a very long lease. CVS does not pur- 1 1 chase land, they only lease land and the Tribune's motivation for the project is revenue. Nardella motion to 12 make a favorable recommendation on Article 27 with the provision that the covenants be worked out 13 prior to Town Meeting. 2" by Angles. Discussion:None. Motion carries 5-0 14 15 8) Article 28. Creation of Residential Re-Use Overla District. 16 The Planner recommended the Board recommend taking no action. Angles motion to recommend take no 17 action on Article 28 2"d !ff Schwarz. Discussion: The Chair stated that this idea is not ready for this Town 18 Meeting, but that it is a creative idea with significant merit. He and the Planner will continue developing this 19 proposal and bring it forward again in the future. Motion carries.55=0. 20 21 9) Article 29. Amend Zoning Ma — Assessor Map 35 Lot 50— 1003 Osgood Street from Residential One 22 (R-1)to Business Two_(B__. 23 The Planner briefly recapped that the Board had requested the applicant prepare a draft of the proposed cove- 24 nants. Chris Huntress, Huntress Associates addressed the board regarding the rezoning project. The Chair 25 asked if he had the covenant the board had asked for. Huntress explained that the covenants that they are will- 26 ing to agree to would cloud the title and be a potential problem securing financing. Huntress explained that 27 they are willing to sign an agreement for the file and that any application presented that would protect the 28 building. If they did not, the Board could cite the letter as grounds for a denial. He said a preservation cove- 29 nant could be included as a condition of special permit and that it could then be attached to the deed. The 30 Planner recommends that the Board make a favorable recommendation. Nardella motion to recommend fa- 31 vorable action pending the resolution of theagreement reement and subsequent covenants. 2"d by White. Dis- 32 cussion: Angles wanted to know if there was gRything anythingoutstanding. Huntress said he had covered eve hin 33 the board had asked for. Angles wanted to know if they would be drawing something a for the field and to 34 limit the liabilfty of children using the field. Huntress said they were working on a Memorandum of Under- 35 standing with the Recreation Committee and Youth Soccer Association. Motion carries 5-0. 36 37 10) Article 30. Inclusion in Residential Re-Use Overla District--Assessor's Map 35 Lot 50-- 1003 38 Osgood Street. 39 The Planner recommends the Board make a recommendation to take no action. Angles motion to recom- 40 mend take no action on Article 30. 2"d by Schwarz.Discussion:None. Motion carries 5-0 41 42 11) Article 33.Amend Zoning Bylaw Section 8.7 -Growth Management. 43 The Planner recommends extending this for one year to prepare an amendment including the positive aspects 44 of Growth Management into the Phased Development Bylaw. Nardella spoke to Mr. Laudani, Tom Zauriko, 45 and Scott Lody about Growth Management and they feel it should eventually be eliminated because it is very 46 difficult to administer. However, Nardella noted that Growth Management has been effective at slowing 47 growth so that we should try to incorporate the positive provisions into the Phased Development Bylaw. An- 48 gles asked how many times this has been extended. Nardella said 4 times. Nardella motion to make a fa- 49 vorable recommendation on Article 33. 2"d by Angles. Discussion:None. Motion carries 5-0. 50 51 Continued Public Hearings on Pending Application: 52 53 12) 500 Great Pond Road North Andover Country Club Site Plan&Watershed Special Permits 54 The Planner addressed the board and indicated that the applicant has not yet submitted responses to VHB's 55 review. The applicant has requested a continuance to May 20, 2003.Nardella motion to continue the public f Unapproved Planning Board Minutes Page 5 of 7 May 6, 2003 1 hearing until May 20"" 2"d by Schwarz.Discussion:None. Motion carries 5-0. 2 3 13) 10 Commerce Way,Car Wash Facilit_y,_Site Plan Special Permit 4 The Planner indicated that all of VH13's previous concerns have been addressed. Mr. Bedrosian Drinking 5 Water Treatment Plant Superintendent consented to the placement of a holding tank and car wash waste- 6 water pump that would be utilized to only discharge 4 to 6 gallons per minute wastewater and only pump dur- 7 ing the hours between 11 pm—7 am(off peak hours), thus relieving the applicant from performing flow testing. 8 Jim Comeau, PE, Hancock Engineering, addressed the board and stated that they have satisfied all VHB's 9 concerns. He discussed the building layout plan and explained about the pumping and water flow. He ad- 10 dressed the proposed tree line and the layout in regards to the conservation area. Angles asked about the hold- 11 ing tank and where it would all go. Mr. Comeau said it would be hermetically sealed. The Conservation 12 Commission issued its order of conditions a couple of months ago. Dermit Kelly, DJK Associates,presented 13 traffic flow at peak hours as well as the Internal Traffic Management flan the Board had requested. The Chair 14 would like the decision to include a condition that the proponent submit plans showing all four sides prior to 15 endorsement. PUBLIC COMMENT: Mr. Fink addressed the board and indicated that this does not drain in 16 to the lake, but that he has walked the area and it flows into the Merrimack River. The Planner concurred and 17 explained that this was why this project did not require a Watershed Special Permit. He added that he is on the 18 Board of Director's of the Merrimack River Watershed Council and looked at the impact on the River closely. 19 If the drainage and infiltration facilities are constructed as designed, there should be no negative impact on the 20 River. The planner recommends closing the hearing and preparing a decision for May 20, 2003. Nardella 21 _motioned to close the public hearing and direct the Planner to prepare a decision for the May 20, 2003 22 meeting. 2"'by Schwarz. Discussion:None. Motion carries 5-0 23 24 The Planner recommended to the Chair that since all public hearings have been held and since the room had 25 pretty much emptied, with the exception of Mr. Cyrier, Mr. Napoli, and Mr. Doherty, that the Board deliberate 26 on the draft decisions and then resume the discussion items. 27 28 Deliberations: 29 30 14) 500 Sutton Street Li thouse Realty.Trust North Andover Business Park 31 Jim Cyrier was present. 32 33 14.1) Site Plan Special Permit 34 The Planner addressed the board and requested their input on the bonding requirements. Nardella stated that 35 the site plan bond should be posted at$5,000. Typically,Nardella would also want to see a site opening bond, 36 but that is not necessary in this case. The Chair would like to add a condition so that the planner can go back 37 and review the plantings in one year. 38 Nardella motion to approve the site plan special permit as amended this evening. 2na h_V Angles. Discus- 39 sion:None. Motion carries 5-0 40 41 14.2) Watershed Special Permit 42 Nardella requested that the bond be removed from this decision as the one$5000 site plan bond should be ade- 43 quate. Nardella motion to approve the watershedspecial permit as amended this evening. 2ne by An les. 44 Discussion:None. Motion carries 5-0 45 46 15) Napoli Trucking 47 Mr.Louis Napoli was present. 48 49 15.1) Site flan Special Permit 50 The Planner addressed the board and requested their input on the bonding requirements. Nardella stated that 51 the site plan bond should be posted at$5,000. Typically,Nardella would also want to see a site opening bond, 52 but that is not necessary in this case. The Chair would like to add a condition so that the planner can go back 53 and review the plantings in one year. Nardella motion to approve the site plan special permit as amended 54 this,evening. 2'a-by White. Discussion:None. Motion carries 5-0 ,_, Unapproved Planning Board Minutes Page 6 of 7 May 6, 2003 1 15,2) Watershed Special Permit 2 Nardella requested that the bond be removed from this decision as the one $5000 site plan bond should be ade- 3 quate. Nardella motion to approve the watershed special permit as amended this evening, 2°d by Phin_ 4 ngy. Discussion:None, Motion carries 5-0 5 6 16) 211 South Bradford Street Watershed Special Pennit 7 Dick Doherty, Hancock Engineering was present. The Planner addressed the board and requested their input 8 on the bonding requirements. Nardella stated the performance bond should $3,000. Phinney motion to an- 9 prove the watershed special permit as amended this evening. 2"dby White. Discussion: None. Motion 10 carries 4-0(Schwarz&Nardella Abstained). 11 12 **Nardella requested that the Planner not put names on the decisions, The other board members agreed. 13 14 Continued Discussion Items: 15 16 17) Campbell Forest Confirmatory Lot Release 17 The Planner explained to the board that Confinnatory Lot Release had been issued but that it referred to the 18 wrong page number in the registry records. Town Counsel has reviewed the developer's correspondence on 19 this and suggested doing a Corrective Confirmatory Lot Release. The developer's attorney prepared the Cor- 20 rcctive Confirmatory Lot Release, which has been reviewed by Town Counsel. The Planner recommends an- 21 thorizing the Corrective Confirmatory Lot Release. White motion to approve the Corrective Campbell 22 Forest Confirmatory Lot Release. 2""by Nardella. Discussion:None. Motion carries 5-0. 23 24 18) 705 Bradford Street$2.000 Bond release.Watershed Special Permit 25 The Planner stated that the as-built has submitted and reviewed, and the applicant has submitted a copy of the 26 recorded deed restriction, The Planner recommends releasing the$2,000 Bond for the 705 Bradford Street Wa- 27 tershed Special Permit. Nardella motion to release the 2,000 Bond for 705 Bradford Street Watershed 28 Special Permit. 2"d by Schwarz. Discussion:None.Motion carries 5-0. 29 30 19) Old Center Lane 8.000 Subdivision Bond Release 31 The Planer addressed the board and stated that the Watershed Bond was released at the last meeting. The as- 32 built has been submitted. Staff was waiting for a sign to be installed and evidence of the contribution to the 33 sidewalk fund. These conditions have now been verified by the Plamier. The Planner recommends releasing 34 the $8,000 Bond for Old Center Lane Subdivision. Angles motion to release the 8,000 Subdivision Bond for 35 Old Center Lane,2"d by Schwarz. Discussion:None.Motion carries 5-0. 36 37 20) 5,000 Bond Release,King Air Charters,Inc 38 The Planner explained that the special permit has expired and work never commenced. Town Counsel rec- 39 onituends releasing the bond as requested. Schwarz motion to release the 5,000 King Air Charter Bond. 40 2nd by Nardella. Discussion:None.Motion carries 5-0.. 41 42 Continued Warrant Discussion Items: 43 44 2 1) Article 3.Authorization to Accept Grants of Easements& 45 22) Article 4.Authorization to Grant Easements. 46 At the Board's request, the Planner consulted with Town Counsel to investigate these two articles. Town 47 Counsel explained that they are annual authorizations that give the Board of Selectmen and School Commit- 48 tees power to grant and accept casements throughout the year without having to wait for Town Meeting or call 49 a special Town Meeting. 'Nardella motion Co recommend favorable action on Articles 3 & 4. 2"d by 50 White. Discussion:None.Motion carries 5-0. 51 52 23) Article 13. Capital Improvement Plan Appropriation Fiscal Year 2004 53 The Planner reminded that Board that Tim. Willett from DPW had reviewed this Article at the last meeting. 54 The Planner reconimended that the Board make a favorable recommendation. Nardella motion to recom- 55 mend favorable action on Article 13. 2"d by White. Discussion: None. Motion carries 5-0. Unapproved Planning Board Minutes Page 7 of 7 May 6, 2003 1 24) Article 14.New North Andover Elementary School—Foster Farm Site—Boxford Street 2 The Board decided not to make a recommendation on this article. 3 4 25) Article 18. Funding Phase 11 Stormwater Regulations, 5 The Planner reminded that Board that Tim Willett from DPW had reviewed this Article at the last meeting. " 6 The Board asked for additional explanation. The Planner explained that the Clean Water Act authorizes the 7 EPA to regulate sources that pollute waterways and that this is done through the NPDES permit program. 8 Phase 11 of this program became effective this year and is applicable to North Andover as an urbanized area as 9 defined by the US Census. The Planner added that it was his understanding this was the first installment of 10 five, which would be spread over the next five years. The Planner recommended favorable action, Nardella 11 motion to recommend favorable action on Article 18.2"a ky White.Discussion:None.Motion carries 5-0. 12 13 26) Article 23. Appropriations-Community„Preservation Fund. 14 The Chair and Schwarz reviewed these items and the Planner recommended that the Board make a favorable 5 Sion:None.recommendation, Nardella carmotion to recommend favorable action on Article 23. 2"a by White. Discus- 1ries 5 17 18 27) Article 34.Authorization to Lease Stevens Estate at Osgood Hill& 19 Article 37.Report of the Special Committee on Beaver Issues 20 The Board decided not to make a recommendation on these articles. 21 22 Old Planning Board Business; 23 24 28) Approval of the Minutes 418/03 &4122103 25 White motion to approve the minutes of 4/8/03 as written 2"a bV Nardella. Discussion: None. Motion 26 carries 5-0 Schwarz Abstained). White motion to approve the minutes of 4/8103 as written 2"d by An- 27 files. Discussion:None.Motion carries 5-0(Nardella Abstained). 28 29 29) Sutton Street 30 Nardella stated that hangers/storage units on Sutton Street need to have screening. The Planner indicated that 31 he had recently asked conversation about the site. Representative Torrisi called him regarding this matter yes- 32 terday because his office had received abutter complaints. Nardella would like the Planner to review the site. 33 The Board would like to speak to the builders. The Chair asked the Planner to have the developer come in 34 to the next meeting to discuss. 35 36 30) Chattham Crossing 37 The Planner indicated that he had met Mrs. Brown at her house to view the drainage issues and damage at her 38 house. He has also been in contact with the other abutters who are having drainage issues. The Planner noted 39 that he has been contacted about this problem by the Town Manager's office and Representative Torrisi. The 40 Chair asked the Planner to have the developer come in to the next meeting to discuss. 41 42 31) Chi Restaurant 43 Nardella feels that the Chi Restaurant outside area needs to be cleaned up. The Planner explained that the 44 Conservation Administrator has also been concerned about this site because the erosion controls are failing. 45 The Chair asked the Planner to have the owner come in to the next meeting to discuss. 46 47 32) Upcoming Meetiqg_s 48 The Board has meetings scheduled for May 20, June 3 and June 170'. The Chair asked the Planner to post a 49 notice for a meeting prior to and concurrent with town meeting. 50 51 33) Chapter 40B Mg"fin with Senators Tarr and Tucker 52 The Planner summarized the 40B meeting and offered to email out more detailed comments to the members. 53 54 34) Ad'o_ i urnment 55 Nardella motion to adjourn at 10.38PM. 2na b Schwarz. Discussion:None. Motion carries 5-0.